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, and Mr. CASEY) submitted the following resolution; 

which was referred to the Committee on Foreign Relations 

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; 

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 


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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; 

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; 


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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; 

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; 


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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 mem13 bers of the United Nations Security Council, IGAD, 

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

15 closely together and coordinate their efforts to bol16 ster the peace accord; 

17 (4) calls on the parties in Sudan— 


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1 (A) to comply fully with their commitments 

2 under the CPA; 

3 (B) to refrain from actions that could esca4 late tensions in the run-up to the 2011 ref5 erendum; 

6 (C) to work expeditiously to resolve out7 standing issues of the agreement; and 

8 (D) to begin negotiations to resolve post9 referenda issues, including resource allocation 

10 and citizenship rights in the case of separation; 

11 (5) calls on the Government of National Unity 

12 to amend or repeal laws and avoid any further ac13 tions that would unduly restrict the freedom of 

14 speech and assembly by opposition parties or the full 

15 participation of communities, including those in 

16 Darfur, in the upcoming national elections; 

17 (6) encourages the international community and 

18 the United Nations to engage with local populations 

19 to provide assistance for elections in Sudan and pop20 ular consultations while also closely monitoring and 

21 speaking out against any actions by the Government 

22 of Sudan or its security forces to restrict or deny 

23 participation in a credible elections process; 

24 (7) calls on the Government of Southern Sudan 

25 to work with the assistance of the international comVerDate Nov 24 2008 23:41 Feb 01, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\SR404.IS SR404

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1 munity to design and begin implementing a long2 term plan for security sector reform that includes 

3 the transformation of the army and police into mod4 ern security organs and the training of all security 

5 forces in human rights and civilian protection; 

6 (8) urges the United Nations Security Council 

7 to direct and assist the UNMIS peacekeepers to bet8 ter monitor and work to prevent violence in southern 

9 Sudan and to prioritize civilian protection in deci10 sions about the use of available capacity and re11 sources; 

12 (9) supports increased efforts by the United 

13 States Government, other donors, and the United 

14 Nations to assist the Government of Southern 

15 Sudan to improve its governing capacity, strengthen 

16 its financial accountability, build critical infrastruc17 ture, and expand service delivery; 

18 (10) urges the President to work with the per19 manent members of the United Nations Security 

20 Council, other governments, and regional organiza21 tions at the highest levels to develop a coordinated 

22 multilateral strategy to promote peaceful change and 

23 full implementation of the CPA; and 

24 (11) encourages the President and other inter25 national leaders to strategize and develop continVerDate Nov 24 2008 23:41 Feb 01, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SR404.IS SR404

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1 gency plans now for all eventualities, including in 

2 the event that the CPA process breaks down or 

3 large-scale violence breaks out in Sudan before or 

4 after the 2011 referendum, as well as for longer 

5 term development in the region following the ref6 erendum. 

Æ 


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