III 

111TH CONGRESS 

2D SESSION S. RES. 404 

Supporting full implementation of the Comprehensive Peace Agreement and 

other efforts to promote peace and stability in Sudan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2010 

Mr. FEINGOLD (for himself, Mr. BROWNBACK, Mr. WICKER, Mrs. 

GILLIBRAND, Mrs. BOXER, Ms. LANDRIEU, Mr. BYRD, Mr. ISAKSON, Mr. 

MERKLEY, Mr. SANDERS, Mr. LIEBERMAN, Mr. WHITEHOUSE, Mr. 

BAYH, Mr. CARDIN, Mr. CASEY, Ms. KLOBUCHAR, Mr. SPECTER, Ms. 

CANTWELL, Mr. LAUTENBERG, Mr. DORGAN, Mr. BURRIS, and Mr. DURBIN) submitted the following resolution; which was referred to the Committee on Foreign Relations 

FEBRUARY 24, 2010 

Reported by Mr. KERRY, without amendment 

MARCH 4, 2010 

Considered and agreed to 

RESOLUTION 

Supporting full implementation of the Comprehensive Peace 

Agreement and other efforts to promote peace and stability in Sudan, and for other purposes. 

Whereas violent civil conflict between North and South in 

Sudan raged for 21 years, resulting in the deaths of an 

estimated 2,000,000 people and displacement of another 

4,000,000 people; 


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Whereas the signing of the Comprehensive Peace Agreement 

(CPA) by the National Congress Party (NCP) and Sudan 

People’s Liberation Movement (SPLM) on January 9, 

2005, brought a formal end to that civil war; 

Whereas the United States Government, particularly through 

the efforts of the President’s Special Envoy for Sudan 

Jack Danforth, worked closely with the parties, the mediator, General Lazaro Sumbeiywo, the members of the 

Intergovernmental Authority on Development (IGAD), 

and the United Kingdom and Norway to bring about the 

CPA; 

Whereas the CPA established a 6-year interim period during 

which the Government of Sudan would undertake significant democratic reforms and hold national elections, and 

at the end of which the South would hold a referendum 

on self-determination, with the option to forge an independent state; 

Whereas, while the parties have made progress on several 

parts of the CPA, limited national government reforms 

have been made and several key issues remain outstanding, notably border demarcation, resolution of the 

census dispute, and certain preparations for the 2011 

referenda for southern Sudan and Abyei; 

Whereas the NCP’s delay and refusal to follow through on 

some of its commitments under the CPA has fueled mistrust and suspicion, increasing tensions between northern 

and southern Sudan; 

Whereas research by the Small Arms Survey, published as recently as December 2009, shows that both sides are 

building up their security forces and covertly stockpiling 

weapons in anticipation of a possible return to civil war; 


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Whereas the Government of Southern Sudan continues to 

face a range of challenges and continues to struggle with 

problems of financial management, insufficient capacity, 

and a limited ability to provide security in parts of its 

territory, especially in the face of increasing inter-ethnic 

and communal violence; 

Whereas humanitarian organizations and the United Nations 

report that more than 2,500 people were killed and an 

additional 350,000 displaced by inter-ethnic and communal violence within southern Sudan throughout 2009; 

Whereas the Lord’s Resistance Army, a brutal rebel group 

formed in northern Uganda, has reportedly resumed and 

increased attacks against civilians in southern Sudan, 

creating another security challenge in the region; 

Whereas the Government of Southern Sudan and the United 

Nations Mission (UNMIS) have not taken adequate steps 

to address the rising insecurity and to protect civilians in 

southern Sudan; 

Whereas, despite 5 years of peace, most of southern Sudan 

remains severely underdeveloped with communities lacking access to essential services such as water, health care, 

livelihood opportunities, and infrastructure; 

Whereas Sudan is scheduled to hold national elections in 

April 2010, and the people of southern Sudan and Abyei 

are to hold their referendum on self-determination in 

January 2011 under the terms of the CPA; 

Whereas the holding of these elections, Sudan’s first 

multiparty elections in 24 years, could be a historic milestone for the country and a step toward genuine democratic transformation if the elections are fair and free 

and all communities are able to participate; 


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Whereas the existence of laws that grant powers to government security services in Sudan to arrest and detain citizens without charge and recent actions taken by the security forces to restrict freedom of speech and assembly by 

opposition parties have raised concerns that conditions 

may not exist for fair and free elections in Sudan; 

Whereas the conflict in Darfur is still unresolved, the security 

situation remains volatile, and armed parties continue to 

commit humanitarian and human rights violations in the 

region, raising concerns that conditions may not exist for 

Darfurians to freely and safely participate in the elections; and 

Whereas the security situation in the whole of Sudan has profound implications for the stability of neighboring countries, including Chad, the Central African Republic, the 

Democratic Republic of Congo, Eritrea, Ethiopia, Kenya, 

and Uganda: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) acknowledges the critical importance of pre3 venting a renewed North-South civil war in Sudan, 

4 which would have catastrophic humanitarian con5 sequences for all of Sudan and could destabilize the 

6 wider region; 

7 (2) supports the efforts of President Barack 

8 Obama to reinvigorate and strengthen international 

9 engagement on implementation of the Comprehen10 sive Peace Agreement (CPA); 

11 (3) encourages all international envoys and rep12 resentatives, including those of the permanent memVerDate Nov 24 2008 01:08 Mar 05, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\SR404.ATS SR404

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1 bers of the United Nations Security Council, IGAD, 

2 the African Union, and the United Nations, to work 

3 closely together and coordinate their efforts to bol4 ster the peace accord; 

5 (4) calls on the parties in Sudan— 

6 (A) to comply fully with their commitments 

7 under the CPA; 

8 (B) to refrain from actions that could esca9 late tensions in the run-up to the 2011 ref10 erendum; 

11 (C) to work expeditiously to resolve out12 standing issues of the agreement; and 

13 (D) to begin negotiations to resolve post14 referenda issues, including resource allocation 

15 and citizenship rights in the case of separation; 

16 (5) calls on the Government of National Unity 

17 to amend or repeal laws and avoid any further ac18 tions that would unduly restrict the freedom of 

19 speech and assembly by opposition parties or the full 

20 participation of communities, including those in 

21 Darfur, in the upcoming national elections; 

22 (6) encourages the international community and 

23 the United Nations to engage with local populations 

24 to provide assistance for elections in Sudan and pop25 ular consultations while also closely monitoring and 


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1 speaking out against any actions by the Government 

2 of Sudan or its security forces to restrict or deny 

3 participation in a credible elections process; 

4 (7) calls on the Government of Southern Sudan 

5 to work with the assistance of the international com6 munity to design and begin implementing a long7 term plan for security sector reform that includes 

8 the transformation of the army and police into mod9 ern security organs and the training of all security 

10 forces in human rights and civilian protection; 

11 (8) urges the United Nations Security Council 

12 to direct and assist the UNMIS peacekeepers to bet13 ter monitor and work to prevent violence in southern 

14 Sudan and to prioritize civilian protection in deci15 sions about the use of available capacity and re16 sources; 

17 (9) supports increased efforts by the United 

18 States Government, other donors, and the United 

19 Nations to assist the Government of Southern 

20 Sudan to improve its governing capacity, strengthen 

21 its financial accountability, build critical infrastruc22 ture, and expand service delivery; 

23 (10) urges the President to work with the per24 manent members of the United Nations Security 

25 Council, other governments, and regional organizaVerDate Nov 24 2008 01:08 Mar 05, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SR404.ATS SR404

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1 tions at the highest levels to develop a coordinated 

2 multilateral strategy to promote peaceful change and 

3 full implementation of the CPA; and 

4 (11) encourages the President and other inter5 national leaders to strategize and develop contin6 gency plans now for all eventualities, including in 

7 the event that the CPA process breaks down or 

8 large-scale violence breaks out in Sudan before or 

9 after the 2011 referendum, as well as for longer 

10 term development in the region following the ref11 erendum. 

Æ 


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