A Summary Booklet

 

The official signing of the Comprehensive Peace Agreement (CPA) on 9th January 2005 between the Government of the Republic of the Sudan (GoS) and the Sudan Peoples’ Liberation Movement/Army (SPLM/A) marked a historical watershed for Sudan.

It brought to an end 22 years of protracted and costly civil war that had caused tremendous loss of life, devastated the country’s infrastructure (especially in the South) and destroyed livelihoods, trust and hope.
The terms agreed to and the renewed hope engendered by the CPA needs to be channeled to the rebuilding of this war torn country. The CPA sets out the framework for a just and lasting peace in the Sudan, and along with the subsequent Interim National Constitution (INC) and the Interim Constitution of the Southern Sudan (ICSS), establishes a new political, military and economic system based on the values of justice, democracy, and human rights that gives a voice and role to all the peoples of the Sudan and paves the way for restored dignity and well being, security and equality for all.

Yet the CPA, INC and ICSS are only the beginning. For the Sudanese people to fully participate in a meaningful way in the transition from war to peace and development, they must fully understand all three documents and their implications. We therefore commend the following summary of the CPA. This document provides an overview of the main aspects of the agreements made in an accessible and readable way. This will assist in accomplishing the wish of the late Dr John Garang de Mabior that everyone should ‘read, understand and own these Protocols’.
Dr. Samson L. KwajeMinister for Information and Broadcasting
USE OF THIS BOOKLETThe Comprehensive Peace Agreement (CPA), the Interim National Constitution (INC) and the Interim Constitution of Southern Sudan (ICSS) together form the legal basis for the resolution of Sudan’s civil war. This booklet contains the Summary of the CPA only. The Summary aims to provide a general overview of the structure and content of the political, military and economic systems established by the CPA in order to enable readers to more easily understand the full text of the agreement. The full CPA is comprised of the following:
Protocols·The Machakos Protocol (signed 20 July 2002);·Security Arrangements (signed on 25 September 2003);·Wealth Sharing (signed 7 January 2004);·Power Sharing (signed 26 May 2004)·Resolution of the Conflict in Southern Kordofan and Blue Nile (signed 26 May 2004);·Resolution of the Abyei Conflict (signed 26 May 2004
Implementation Modalities:·Permanent Ceasefire and Security Arrangements (signed 31 December 2004);·Machakos and Power Sharing (signed on 31 December 2004);·Wealth Sharing (signed 31 December 2004);·Resolution of the Abyei Conflict (signed 26 May 2004)·Resolution of the Conflict in Southern Kordofan and Blue Nile (signed 26 May 2004);
Generally, the Protocols set forth the content of the CPA – they describe what must be done. The Implementation Modalities set forth the details – they describe how things will be done by providing for the procedure, timing and responsible parties for each activity mandated by the Protocols. To prepare this Summary, the essential elements of each Protocol were extracted and condensed – drawing heavily on the Six Protocols Summary prepared by Pact and the National Working Group for Civic Education in 2005. Details about each element were then added from the Implementation Modalities.
The Summary is separated into five sections:·Security Arrangements (p. 4);·Finance and Economic Matters (p. 7);·Decentralized System of Governance (p. 10);·Special Status of Southern Kordofan and Blue Nile (p. 21); and,·Special Status of Abyei (p. 22).
Please note that this is NOT the official CPA. This Summary was prepared by Pact as part of a project of the United States Agency for International Development, Office of Transition Initiatives in partnership with the Pact Sudan Program. All errors are unintentional and entirely the responsibility of Pact. Any such errors should be pointed out to Pact for correction in future editions.Whenever possible, people should refer to the full official text of the CPA for further clarification and complete understanding of the peace agreement.
A SUMMARY OF THE MACHAKOS PROTOCOLThe Machakos Protocol was the result of a breakthrough round of negotiations in 2002. It is the foundation of the final CPA. It lays down the principles and procedures to guide political development until a referendum in the south in 2011, identifies the levels and roles of government, and sets out the basic agreements reached on State and Religion. A brief summary of the Protocol is given here; more detail can be found in the section on the Power Sharing Arrangements on p.10.
Part A – Agreed Principles·The unity of the Sudan, based on the free will of its people and good democratic governance, is and shall always be the priority of the parties;·The People of Southern Sudan shall control and govern the affairs of the South as well as participate equitably in the National Government;·The people of Southern Sudan shall have the right to Self-Determination through a referendum.·The people of the Sudan agree to work together to, among other things:- Establish a democratic system of governance;- Find a comprehensive solution to the economic and social deterioration of the Sudan;- Find a solution that replaces war with peace, but also with social and economic justice, and human rights;- Formulate a reconstruction and development plan for areas affected by war;- Make the unity of Sudan an attractive option especially to the people of Southern Sudan;
Part B – The Transition ProcessThe implementation of the comprehensive peace agreement will cover two phases:
·A Pre-Interim Period of 6 months (9 January 2005 – 8 July 2005); and,·An Interim Period of 6 years (9 July 2005 – 8 July 2011).
During the Pre-Interim period and continuing through the Interim Period the institutions and bodies of a transitional government will be established in the context of a comprehensive, internationally-monitored ceasefire. These institutions, bodies and mechanisms are treated in more detail throughout this document.
The Machakos Protocol secured the right of self-determination for Southern Sudan by providing that the people of Southern Sudan will vote in a referendum at the end of the Interim Period, choosing between unity of the Sudan or secession.
A SUMMARY OF SECURITY ARRANGEMENTSThe Protocol on Security Arrangements (PSA) was signed in Naivasha, Kenya on 25 September 2003, and the Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (PCF) was signed in Naivasha, Kenya on 31 December 2004. These two documents provide for the permanent end of hostilities between the Sudan Armed Forces (SAF) and the Sudan People’s Liberation Army (SPLA), and describe the structure and function of the armed forces during the Pre-Interim and Interim Periods.
Security arrangements in the Sudan during the Pre-Interim and Interim Periods are based on the following principles, among others:
·The Machakos Protoc·Respect for the ceasefire and the resolution of problems through dialogue and political will;·Fostering of good governance, democracy and civil society;·Free movement of people and services throughout Sudan; and,·Full ceasefire and cessation of all hostilities.
The main security issues covered under the CPA are:
·Status of the Armed Forces, including redeployment and the formation of Joint Integrated Units (JIUs);·Ceasefire and monitoring arrangements, including the treatment of Other Armed Groups (OAGs);·Demobilization, Disarmament, Re-Integration, and Reconciliation;
Status of the Armed ForcesThe CPA establishes a system of three related armed forces:
·The Sudan Armed Forces (SAF);·The Sudan People’s Liberation Army; and,·The Joint Integrated Units (JIUs)
The SAF and the SPLA will remain separate during the Pre-Interim and Interim Periods, but will be treated equally as the Sudan National Armed Forces (SNAF). All three armed forces shall be regular, professional and non-partisan, and shall respect the rule of law, basic human rights and the will of the people. The SAF and JIUs will be funded by the Government of National Unity, while the SPLA will be funded by the Government of Southern Sudan.
Sudan Armed ForcesThe SAF shall redeploy North of the 1/1/1956 border according to the following schedule:
·17% by 9 July 2005;·An additional 14% by 9 January 2006;·An additional 19% by 9 July 2006;·An additional 22% by 9 January 2007; and,·The remaining 28% by 9 July 2007
After redeployment, the SAF shall continue to be deployed throughout the North. Both parties will negotiate on proportionate downsizing of the SAF and SPLA.
Sudan People’s Liberation ArmyThe SPLA shall redeploy South of the 1/1/1956 border according to the following schedule:
Sudan People’s Liberation ArmyThe SPLA shall redeploy South of the 1/1/1956 border according to the following schedule:
·30% SPLA forces in eastern Sudan by 9 May 2005;·An additional 40% of SPLA forces in eastern Sudan by 9 September 2005;·The remaining 30% of SPLA forces in eastern Sudan by 9 January 2006;·All SPLA forces in Southern Kordofan and Southern Blue Nile by EITHER:- 9 April 2006; or,- Six (6) months after the deployment of JIUs in those areas.
After redeployment the SPLA shall continue to be deployed throughout the South. Both parties will negotiate on proportionate downsizing of the SAF and SPLA.
Joint Integrated UnitsWhile the SAF and SPLA will remain separate forces as described above, some elements from each one will be combined into JIUs, which will form the core of the future Sudan National Armed Forces (SNAF) if the result of the referendum in the South is to confirm unity. If Southern Sudan votes for secession, the JIUs will dissolve. The JIUs will be structured and deployed as follows:
·Command and control shall fall under the Joint Defense Board (JDB; see below) in Juba;·Equatoria: 1st Infantry Division of 9,000 troops (“officers, NCOs and men”);·Upper Nile: 2nd Infantry Division of 8,000 troops;·Bahr El Ghazal: 3rd Infantry Division of 7,000 troops;·Blue Nile: 4th Infantry Division of 6,000 troops;·Southern Kordofan: 5th Infantry Division of 6,000 troops; and,·Khartoum: Independent Brigade with 3,000 troops.
Other Armed GroupsNo armed groups shall be allowed to operate outside the SAF, SPLA and JIUs.
Ceasefire and Monitoring ArrangementsThe agreement provides for the permanent cessation of hostilities between the SAF and SPLA – as well as any forces allied and affiliated with them – within 72 hours of the signature of the CPA. The cessation prohibits some activities and permits others, such as:
Violations·Unauthorized movement of troops;·Unauthorized recruitment or drafting;·Unauthorized replenishment of military equipment;·Violation of human rights or humanitarian law; and,·Recruitment of child soldiers.
Permitted Activities·De-mining;·Development, such as opening roads, bridges and other lines of transport;·Ensuring access for humanitarian relief;·Assisting free movement of people, goods and services;·Training and refresher training
In order to monitor and verify the ceasefire, the CPA provides for the creation of four (4) levels of bodies:
·Ceasefire Political Commission (CPC);·Ceasefire Joint Military Committee (CJMC);·Area Joint Military Committee (AJMC); and,·Joint Military Teams (JMTs).
Ceasefire Political CommissionThe CPC shall be established by the two parties by 9 February 2005. It will be answerable to the Presidency, be composed of representatives of both parties and of IGAD – with a rotating chair – and will reach decisions by consensus. Some of the key functions of the CPC are:
·To supervise, monitor and oversee the implementation of the ceasefire;·To provide disciplinary measures for violations; and,·To provide a forum for dialogue between the parties and the international community.
Ceasefire Joint Military CommitteeThe CJMC is to be located in Juba, and shall be established by the parties and the United Nations Mission in Sudan (UNMIS) by 24 April 2005 – becoming operational by 9 May 2005. It shall report to the CPC (above). Senior officers from the UNMIS, the SAF, and the SPLA will jointly control the CJMC, taking decisions by consensus. The CJMC will be a key military decision-making body, exercising the following functions, among others:
·Overseeing compliance with the ceasefire agreement;·Monitoring and verifying all aspects of the implementation of the agreement, including:- disengagement, disarmament and redeployment of forces;- troop strength and stocks of military equipment; and,- disarmament of civilians;·Receiving and rule on violations not resolved by the AJMC (below); and,·Acting as a liaison and facilitator between the two parties.
Area Joint Military CommitteeAJMCs shall be established by the two parties and UNMIS in Juba, Malakal, Wau, Kadugli, Abyei, and Damazien/Kurmuk on or before 7 June 2005, becoming operational by 22 June 2005. The AJMC in each location will be chaired by the most senior UNMIS officer in the area, and composed of equal numbers of SAF and SPLA officers. The AJMC’s will monitor the ceasefire, attempt to verify and resolve alleged violations, and liaise with local Security Committees.
Joint Military TeamsJMTs will be established by each AJMC. JMTs will consist of at least one UNMIS officer and equal numbers of SAF and SPLA officers. They will conduct regular patrols of their assigned area, and report alleged violations to the AJMC.
Demobilization, Disarmament, Re-Integration and ReconciliationThe CPA provides for a Demobilization, Disarmament and Reintegration (DDR) process with the objective of creating an enabling environment for human security and to support social stabilization throughout the Sudan. The process will be transparent and accountable, and shall be led by state institutions with the international community playing a supporting role. Those institutions shall be established by the Presidency by 9 February 2005, and shall consist of:
·The National DDR Coordination Council (NDDRCC), which will set policy and oversee the activities of the NDDRC and SDDRC (below);·The Northern Sudan DDR Commission (NDDRC), which will design, implement and manage the DDR process in Northern Sudan;·The Southern Sudan DDR Commission (SDDRC), which will design, implement and manage the DDR process in Southern Sudan; and,·State DDR Commissions, which will implement programmes at the state and local levels.
A SUMMARY OF THE PROTOCOL ON WEALTH SHARINGThe Protocol on Wealth Sharing was signed in Naivasha, Kenya on 7 January 2004, and the Implementation Modalities of the Framework Agreement on Wealth Sharing was signed on 31 December 2004 in Naivasha, Kenya. These two documents form part of the Comprehensive Peace Agreement (CPA), and together set out a comprehensive scheme for sharing common wealth so as to enable each level of government to function, and to ensure the quality of life, dignity and living conditions of all citizens without discrimination.
The scheme rests on the following fundamental principles:
·The wealth of the Sudan shall be shared equitably;·All parts of Sudan are entitled to development and wealth sharing;·Revenue sharing should show a commitment to the devolution of power and decentralization of decision-making;·Development will be transparent and accountable;·Best-known practices for utilizing natural resources will be followed.
The CPA addresses the following major wealth-sharing issues:
·Land ownership;·Oil resources and the sharing of oil revenue;·Equalization and allocation of nationally-collected revenue·Monetary and financial policies; and·Reconstruction and development funds.
Land OwnershipThe parties to the CPA agreed to create a process to resolve conflict on land issues by developing and amending legislation to reflect customary laws and practices, local heritage, and international trends. The process will be initiated by land commissions at three levels:
·The National Land Commission (NLdC), to be established by the Presidency and the National Assembly after the adoption of the Interim National Constitution;·The Southern Sudan Land Commission (SSLdC), to be established by the President of GoSS and the Legislative Assembly of Southern Sudan after the appointment of the GoSS; and,·State Land Commissions (StLdC), to be established by each state as provided for in their respective state constitutions or legislation.
The land commissions will have the power to arbitrate and sort out claims over land, and to make recommendations for the revision of existing legislation. Those recommendations will be forwarded to the appropriate level of government (GoNU, GoSS , State) for a two-step process:
·With the facilitation and support of the GoNU or GoSS Ministry of Justice, the Executive Body approves and proposes necessary legislation; and,·Appropriate legislative bodies promulgate amended laws.
Oil Resources and the Sharing of Oil RevenueThe CPA establishes a national system for the management and sharing of all oil revenues in the Sudan, based on the principles of national interest and the public good, interest of the affected States, interest of people in the affected areas, and national environmental policies.
The three primary processes of the national system are intended to address:
·Existing oil contracts;·Management of petroleum resources moving forward; and,·Sharing of oil revenue among the National, Southern Sudan, and State governments.
Existing Oil ContractsThe SPLM, in consultation with the Ministry of Energy and Mining, shall appoint a Technical Team of 6 members – plus technical advisors – by 9 February 2005. The Technical Team is to be provided access to existing oil contracts after signing a confidentiality agreement. On the understanding that existing contracts may not be renegotiated, the Technical Team is to prepare a consensual report by 9 March 2005 on any social or environmental problems with the contracts.
A Joint Technical Team, funded by the GoNU, will be appointed by the National Petroleum Commission (NPC) (below), after receipt of the report of the Technical Team. The Joint Technical Team will report to the NPC, which will then take action within 60 days.
Any person whose rights have been violated by existing oil contracts has a remedy in the courts as of 9 January 2005.
Management of Petroleum ResourcesA National Petroleum Commission (NPC) shall be established by the Presidency within two weeks of the establishment of the GoNU and GoSS. The NPC will formulate and monitor public policies and guidelines for the oil industry, negotiate and approve future oil contracts, and develop strategies for the development of the petroleum sector. In performing these functions, the NPC will take into account the benefits to local communities of proposed contracts, and the extent to which the views of the locality and State are incorporated into the contract.
Sharing of Oil RevenueThe formula for sharing the oil resources will be as follows:
·2% of revenue will go to oil producing States in proportion to their output;·The remaining net revenue will be distributed as follows:- 50% of the net revenue from wells in Southern Sudan will go to the Government of Southern Sudan; and,- 50% of net revenue from wells in Southern Sudan will go to the National Government and States in Northern Sudan.
Equalization and Allocation of Nationally-collected RevenueThe National Government, the Government of Southern Sudan, and States can collect revenue from various sources including taxes (income, business, excise), licenses, service charges and loans. States/Regions and Government of Southern Sudan shall have exclusive control of income collected under their own taxing powers. Government revenues and expenditures shall be made public. All levels of government shall comply with generally accepted accounting standards, which will be ensured by National and Southern Sudan Audit Chambers established by the National Assembly and the Southern Sudan Legislative Assembly immediately after the establishment of the GoNU and GoSS .
A National Revenue Fund (NRF) shall be created by the National Ministry of Finance by 10 January 2005. All revenues collected nationally by the GoNU will be pooled in the NRF, which will be an account in the Central Bank of Sudan administered by the Ministry of Finance.
A special account in the Bank of Southern Sudan (BOSS) (see below) will be opened by the National Ministry of Finance after the establishment of the GoSS. All revenue collected by the national government in Southern Sudan will be placed into that account. Thereafter, 50% will be transferred to the GoSS and 50% to the NRF. This allocation will be reviewed at the mid-term of the Interim Period by a Joint Technical Committee established by the National and GoSS Ministries of Finance.
A Fiscal and Financial Allocation and Monitoring Commission (FFAMC) shall be established by the GoNU and GoSS before 9 July 2005, based on the report of the National Constitutional Review Commission. The function of the FFAMC is to ensure fairness and transparency in the allocation of nationally-collected funds to the GoSS and the States by reporting every three months to the Presidency, which will take remedial action if necessary.
A Joint National Technical Team (JNTT) will be appointed by the President of the GoS and the Chairman of the SPLM immediately upon signature of the CPA in order to prepare a budget estimate for the establishment of all levels of government, organize a donor conference, and develop fundraising strategies.
Monetary and Financial PoliciesThe CPA provides for the establishment by 9 July 2005 of a restructured banking system, which will reflect the duality of the banking system in Sudan. The system will consist of the:
·Central Bank of Sudan (CBOS); and,·Bank of Southern Sudan (BOSS) as a branch of the Central Bank of Sudan.
Central Bank of SudanThe new CBOS will be established by 9 April 2005 through new and revised legislation passed by the National Assembly upon the recommendation of a Technical Team appointed by the Presidency immediately after the signature of the CPA. A Board of Directors (BoD) will be appointed by the Presidency by 16 May 2005. The BoD will ensure that the full restructuring of all levels of the CBOS is complete by 15 May 2005. The CBOS will be responsible for the conduct of monetary policy, which it shall implement through Islamic financing practices in the North.
Bank of Southern SudanThe BOSS will be established by the Board of Directors of the CBOS by 15 May 2005. The BOSS will be a window of the CBOS operating in Southern Sudan and implementing national monetary policy through conventional (non-Islamic) financing practices. It will be managed by the Deputy Governor of the CBOS and will act in accordance with the policies, rules and regulations of the CBOS.

Reconstruction and Development FundsThe Southern Sudan Reconstruction and Development Fund (SSRDF) will receive funds from GoSS revenues, as well as foreign governments and multilateral donors, which will be disbursed for reconstruction, resettlement, reintegration and development in Southern Sudan. During the Pre-Interim Period, the SPLM will establish an Oversight Committee to initiate the process of establishing the SRRDF, and to establish a monitoring and evaluation system. The Oversight Committee will consist of members of GoS/GoNU, SPLM/GoSS, and international community.
The National Reconstruction and Development Fund (NRDF) will be established by the National Ministry of Finance and the Joint National Technical Team during the Pre-Interim Period to assist war-affected States outside of Southern Sudan. It will be overseen by a Steering Committee composed of representatives from the Ministries of Finance of the GoNU and GoSS, the National Ministry of International Cooperation, the National and Southern Sudan Audit Chambers, representatives of war-affected/least-developed States in the North, and the international community. 75% of the funds in the NRDF will go to war-affected States – especially Southern Kordofan and Blue Nile – and 25% to least-developed States.
SUMMARY OF THE POWER SHARING SYSTEM OF GOVERNANCEThe Machakos Protocol was signed in Machakos, Kenya on 20 July 2002, the Power Sharing Protocol was signed in Naivasha, Kenya on 26 May 2004, and the Implementation Modalities of the Machakos and Power Sharing Protocols was signed in Naivasha, Kenya on 31 December 2004. Together, those three documents provide for a multi-level system of decentralised governance organized according to the following categories of general principles:
·Machakos principles;·Inter-governmental linkages;·Human rights and fundamental freedoms;·Reconciliation; and,·Population census, elections and representation.
These categories of general principles (discussed below) will apply to the four levels of government to be established in Sudan:
·The Government of National Unity (GoNU) protecting and promoting the sovereignty of the Sudan;·The Government of Southern Sudan (GoSS) exercising authority in Southern Sudan;·State government for each State throughout Sudan; and,·Local government throughout the Sudan.
Machakos PrinciplesThe Machakos Protocol includes a set of Agreed Principles that form an integral part of the CPA and of the system of governance to be established during the Interim Period. These include:
·The unity of the Sudan, based on the free will of its people and good democratic governance, is and shall always be the priority of the parties;·The People of Southern Sudan shall control and govern the affairs of the South as well as participate equitably in the National Government;·The people of Southern Sudan shall have the right to Self-Determination through a referendum.·The people of the Sudan agree to work together to:- Establish a democratic system of governance;- Find a comprehensive solution to the economic and social deterioration of the Sudan;- Make the unity of Sudan an attractive option especially to the people of Southern Sudan
Inter-governmental LinkagesIn the Power Sharing Protocol, the parties agreed to create a decentralized system of governance with significant devolution of powers. In that system, the GoNU will exercise sovereignty over the entire Sudan, but will link to the States of Southern Sudan through the GoSS. All levels of government will respect each others’ autonomy, refrain on encroaching on one another’s powers, and promote cooperation and coordination.
Human rights and fundamental freedomsAll levels of government shall comply fully with all the provisions of all the human rights treaties to which Sudan is a party. Some of the rights included in those treaties are the rights to:
·Life;·Personal Liberty;·Freedom from slavery;·Freedom from torture;·Free trial;·Freedom of thought, conscience and religion;·Freedom of expression;·Family and marriage;·Vote;·Equality before the law;·Freedom from discrimination;·Freedom of movement; as well as:·The Rights of Children; and,·Equal Rights of Men and Women.
ReconciliationA comprehensive process of national healing and reconciliation will be established by the Presidency after the adoption of the Interim National Constitution (INC) (below).
Population Census, Elections and RepresentationThe CPA provides that a full census must take place before 9 July 2007, and general elections at all levels by 9 July 2008.
A Population Census Council (PCC) will be established by the Presidency, and will be composed of representatives of the GoNU, GoSS, the Council of States (below), the States and the Central Bureau of Statistics. The PCC will plan and set standards for a full census to take place before 9 July 2007.
A National Electoral Law will be adopted by the National Assembly by 9 January 2006, setting forth the procedures for establishing the National Electoral Commission and for conducting national elections.
A National Electoral Commission (NEC) will be established by the Presidency within one month of the adoption of the National Electoral Law. The NEC, with the assistance of the international community, will be responsible for conducting free and fair general elections.
Government of National Unity The National Constitutional Review Commission (NCRC) will be established by the parties by 25 January 2005. The NCRC will have several tasks:
·To produce a draft Interim National Constitution by 8 March 2005;·To produce a Model State Constitution:- based on the INC in the case of States in the North; and,- based on the INC and the Southern Sudan Constitution in the case of States in the South; and,·To produce legal instruments by 9 July 2005 providing for the establishment of:- A National Electoral Commission;- A Human Rights Commission;- A National Judicial Service Commission;- A National Civil Service Commission;- An ad hoc commission to monitor the referendum in Southern Sudan;- A Fiscal and Financial Allocation and Monitoring Commission (above); and,- Any other independent commission set forth in the CPA or agreed by the parties.
The National Assembly in the North and the National Liberation Council in the South will adopt the INC by 22 March 2005. Immediately upon adoption of the INC, the institution of the Presidency will be created, consisting of a President, a First Vice President, and a Vice President. Before Elections, the posts of the Presidency will be filled as follows:
·The President is the former President of the GoS, and will also be Commander in Chief of the Sudan Armed Forces (SAF);·The First Vice President is the Chairman of the SPLM and will also hold the posts of President of the Government of Southern Sudan and Commander in Chief of the SPLA;
By the end of the Pre-Interim Period on 9 July 2005, a Government of National Unity (GoNU) – based on the CPA and the INC – will be formed with the following three branches:
·The Legislature;·The Executive; and,·The Judiciary.
Khartoum will be the capital of the GoNU. The Presidency, in consultation with the Governor of Khartoum State, will ensure that the administration of the capital is representative. Non-Muslims in the capital will not be subject to Shari’a law penalties, but to remitted penalties instead. The Presidency – immediately upon its own creation – will establish a commission to protect the rights of non-Muslims in Khartoum.
The National LegislatureThe Presidency will appoint and convene the national legislature by 5 April 2005. It shall consist of two houses:
·The National Assembly; composed of representatives from throughout Sudan, with representation based on population; and,·The Council of States – composed of two representatives from each State as well as two observers from the Abyei area.
Before Elections, the Presidency will appoint the members of the National Assembly according to the following percentages:
·National Congress Party (NCP) will have 52%;·Sudan People’s Liberation Movement will have 28%;·Other Northern political forces will have 14%; and,·Other Southern political forces will have 6%.
The National ExecutiveThe President, in consultation with the First Vice President, will appoint a Council of Ministers consisting of 30 Ministers and 34 State Ministers (numbers subject to review) by 21 April 2005. Together, the Presidency and the Council of Ministers constitute the Executive. Any Executive Acts or other legal acts by the President of the Republic shall be discussed with, and adopted by the Council of Ministers.
Prior to elections, the seats of the Council of Ministers will be allocated according to the same percentages as in the Legislature (above).
The National JudiciaryAn independent Judiciary will be formed at the national level, consisting of:
·A Constitutional Court composed of 9 competent and nonpartisan figures who will:- Hear cases that arise under the INC or Northern State constitutions;- Hear appeals from the Supreme Court of Southern Sudan on cases arising under the Constitution of Southern Sudan; and,- Decide on constitutional disputes between organs or levels of government.·A National Supreme Court:- Hearing appeals cases arising under national laws;- Reviewing death sentences;- Having any other competencies given by the INC or national laws.·A National Court of Appeal; and,·Any other National Courts/tribunals deemed necessary to be established by law.
A National Judicial Service Commission (NJSC) will be established by the Presidency – in accordance with the legal instrument drafted by the NCRC and adopted by the National Legislature – by 9 July 2005. The NJSC will be chaired by the Chief Justice and composed of judges, professors, advocates, and representatives from the National and Southern governments. It will be responsible for the nomination of judges, who will then be appointed by the Presidency. In the case of Justices of the Constitutional Court, nominations by the NJSC and appointments by the Presidency must be confirmed by a 2/3 majority of the Council of States.
Government of Southern Sudan (GoSS)A Southern Sudan Constitutional Drafting Committee (SSCDC) will be appointed by the President of the GoSS after the adoption of the INC. The SSDC will consist of 40 representatives, allocated according to the percentages of the Transitional Southern Sudan Legislative Assembly (TSSLA) (below), and will have three weeks to produce a draft Interim Constitution of Southern Sudan (ICSS). The TSSLA will have one week to adopt the ICSS, after which it will be forwarded to the National Ministry of Justice to be certified as compatible with the INC. Once the Ministry of Justice has issued certification, the ICSS will be signed by the President of the GoSS and thereby enter into force.
Within two weeks of the signature of the ICSS, the GoSS will be formed, with its own legislature, executive and judiciary.
The GoSS Legislature The Southern Sudan Legislative Assembly (SSLA) will exercise legislative authority in Southern Sudan. Elections to the SSLA, as well as its competencies and internal procedures, will be set forth in the ICSS or through legislation.
Before elections, a Transitional Southern Sudan Legislative Assembly (TSSLA) will be appointed by the President of the GoSS within two weeks of the adoption of the INC. The TSSLA will be constituted as follows:
·SPLM will have 70%;·National Congress Party will have 15%; and,·Other Southern political forces will have 15%.
The GoSS ExecutiveThe President of the GoSS – in consultation with the Vice President and with the approval of the SSLA – will appoint an Executive Council of Ministers (ExCoM). Members of the ExCoM will be accountable to the President and Vice President, and may be removed by a 2/3 majority vote in the SSLA. Together, the President, Vice President and ExCoM constitute the GoSS Executive; additional powers, institutions and functions of the Executive will be assigned by the ICSS.
Before elections, the President of the GoSS will appoint the ExCoM within one week of signing the ICSS. Seats in the GoSS Executive prior to elections will be allocated according to the same percentages as the TSSLA (above).
The GoSS JudiciaryAn independent Judiciary shall be established in Southern Sudan with the following judicial institutions:
A Supreme Court of Southern Sudan, which shall:
– Be the final court for all cases arising under the laws of the GoSS or the Southern States;- Hear cases arising under the ICSS or the constitutions of the Southern States; and,- Strike down laws or provisions of laws that contradict the ICSS or the constitutions of the Southern States;·Courts of Appeal; and·Any other courts or tribunals found necessary.Members of the Supreme Court and Courts of Appeal of Southern Sudan shall be appointed by the President within one week of signing the ICSS, in accordance with the procedures set forth therein.
State Government (except Southern Kordofan and Blue Nile; see below)The institutions at the State level shall consist of:
·A State Executive comprised of the Governor and the States’ Council of Ministers;·An elected State Legislature with the power to make laws as provided for in the INC, ICSS and State constitution; and,·An independent State Judiciary, with courts hearing cases arising under State, Southern Sudan or National Laws.
Before elections, the composition of both the State Legislature and the State Executive shall be as follows:
·The National Congress Party will hold 70% in the Northern States; and,·The SPLM will hold 70% of the seats in the States in Southern Sudan.The remaining 30% in the Northern and Southern States shall be as follows:·National Congress Party shall have 10% in the States in Southern Sudan; and,·The SPLM shall have 10% of the seats in the States in the North.The remaining 20% shall be filled by other political forces as follows:·Northern Political Parties in the North; and,·Southern Political Parties in the States in Southern Sudan.
A SUMMARY OF THE SPECIAL STATUS OF SOUTHERN KORDOFAN AND BLUE NILE STATESThe Protocol on the Resolution of the Conflict in Southern Kordofan and Blue Nile States – signed in Naivasha, Kenya on 26 May 2004, and te Implementation Modalities of the Protocol on the resolution of the Conflict in Southern Kordofan and Blue Nile States – signed in Naivasha, Kenya on 31 December 2004 – establish a special status for the two States based on the following general principles:
·The guarantee of human rights and fundamental freedoms to all individuals;·The development and protection of the diverse cultural heritage and local languages of the population; and,·The development of human resources and infrastructure as the main goal of the States; and,·The conduct of that development in accordance with best-known practices, transparency, and accountability.The agreement on Southern Kordofan and Blue Nile addresses the following key issues:
·Popular consultation;·Structure of State government;·State share of national wealth;·State Land Commission;·Security arrangements; and,·Pre-election arrangements.
Popular ConsultationIn Southern Kordofan and Blue Nile the CPA will not be the final settlement of the political conflict in the States until it is subjected to the process of popular consultation.
State Parliamentary Assessment and Evaluation Commissions (SPAEC) will be established in each State immediately after the elected State Legislatures come into force at the end of the third year of the Interim Period (ending 9 July 2008). Each SPAEC will submit a report on the implementation of the CPA to the State Legislature, no later than 9 July 2009.
A Presidential Monitoring and Evaluation Commission will be established by the Presidency before 9 July 2007. It will submit a report to the GoNU and to the two State governments for use in ensuring the faithful implementation of the CPA.
Based on those reports, each State legislature may choose by 9 July 2009 either to endorse or to rectify the protocol. If a State legislature endorses the protocol, it becomes the final settlement of the conflict in that State. If a State Legislature chooses to rectify any shortcomings in constitutional, political or administrative arrangements, it must do so through negotiations with the GoNU.
Structure of the State GovernmentThe State Government shall consist of a Legislature, an Executive, and a Judiciary.
The State Executive shall consist of:
·An elected State Governor;·A representative State Council of Ministers;·Appointed local commissioners and elected local government councils;·A State Security Committee; and,·State Services for Police, Prisons, Wildlife, and Fire Brigade.
The State Legislature will be elected by registered voters of the State, and will have the following powers:
·To decide its own rules, procedures and committees;·To legislate for the State;·To relieve the Governor of the State from office on a vote with a 2/3 majority; and,·Other powers as assigned by the State constitutions.
The State Judiciary will consist of such courts as may be established by the State constitutions, and shall hear cases arising under State and National laws. Appointment and dismissal of judges shall be subject to State legislation and the National Judicial Service Commission.
State Share in National WealthThe Fiscal and Financial Allocation and Monitoring Commission (FFAMC) (see page9), will have representatives from the two States as determined by the Presidency. By 9 July 2005, the FFAMC will establish specific formulae for allocating resources to war-affected areas, taking into account, among other things, population, social development indicators, and the effects of war.
The National Reconstruction and Development Fund (NRDF) (see page9) will ensure that war-affected areas are brought up to national standards. Seventy-five per cent (75%) of the NRDF will go to war-affected areas, especially Southern Kordofan and Blue Nile.
State Land CommissionA State Land Commission will be established – one for each State – with the same powers as the National Land Commission. The State Land Commissions will regulate land rights concurrently with the National Land Commission based on the following considerations:
·The State Land Commission shall be able to review existing land contracts and recommend measures such as the restoration of land rights or compensation.·Rights in land owned by the National Government within the States shall be exercised through the appropriate or designated level of government.·In the event that the findings of the National and State Land Commissions are irreconcilable the matter will be decided by the Constitutional Court.
Security ArrangementsDuring the Interim Period, Sudan Armed Forces (SAF) troop numbers in the States in questions will be determined by the Presidency.In addition, the following deployments will be made under the Security Arrangements (see page 4-6):
·Joint Integrated Units, Blue Nile: 4th Infantry Division of 6,000;·Joint Integrated Units, Southern Kordofan: 5th Infantry Division of 6,000 troops;·Area Joint Military Committees will be established in Kadugli and Damazine/Kurmuk to monitor the ceasefire, attempt to verify and resolve alleged violations, and liaise with local Security Committees; and,·Joint Military Teams will be established in each State to patrol, monitor and report alleged violations of the ceasefire.
Pre-Election ArrangementsThe Executive and Legislature in the two States will be allocated as follows:
·National Congress Party will have 55% of seats; and,·SPLM will have 45% of seats.
In the two States, each party shall hold the Governorship on a rotating basis. Each party will hold the governorship for half of the pre-election period. No one party will hold the Governorship in both States at the same time.
The Deputy Governor will be from the party that is not holding the position of Governor.
Pending elections the two States will be represented at the National Institutions targeting a percentage not less than their proportional population size.
A SUMMARY ON THE SPECIAL STATUS OF THE ABYEI AREAThe Protocol on the Resolution of the Abyei Conflict was signed at Naivasha, Kenya on 26 May 2004. Implementation Modalities of the Protocol on the Resolution of the Abyei Conflict was signed at Naivasha, Kenya on 31 December 2004. The agreement is based on special administrative status for Abyei, in which:
·Residents of Abyei will be citizens of both Southern Kordofan and Warap;·Abyei will be administered by a local, elected Executive Council composed of a Chief Administrator and 5 heads of departments;·A local Abyei Area Council of 20 members will be elected;·Net oil revenue from Abyei will be distributed six ways during the Interim Period:- 50% to the Government of National Unity;- 42% to the GoSS;- 2% to Bahr El Ghazal (Warap);- 2% to the previous Western Kordofan, which is now a part of the new State of Southern Kordofan. The 2% shall be distributed as follows:> 1% to the previous Western Kordofan component; and,> 1% to the Southern Kordofan component;- 2% to the Ngok Dinka; and,- 2% to the Misseriya People. The full 2% shall benefit the previous Western Kordofan Component;·The GoNU will provide Abyei with assistance in development and urbanization; and,·International monitors will be deployed to Abyei to ensure compliance with the agreements; and,·The people of Abyei will have the opportunity to vote in a referendum. The referendum will run simultaneously with the one in Southern Sudan, and will offer the following choices (irrespective of the results of the Southern vote):- That Abyei retain its special administrative status in the North; or,- That Abyei be part of Bahr El Ghazal (Warap),

Administration in the Interim Period
Executive CouncilA Local Executive Council will be elected by the residents of Abyei and shall:
·Render services;·Supervise and promote stability and security; and,·Propose development and urbanization projects to the Abyei Area Council (below) and the Presidency.
The Council shall consist of a Chief Administrator, a Deputy Administrator, and 5 representative and inclusive heads of departments.
Before the elections, the Presidency will appoint the Chief Administrator and the Deputy Administrator simultaneously with the GoSS and the Governments of the States of Southern Kordofan and Blue Nile (by 9 July 2005). The Presidency will then appoint the 5 heads on the recommendation of the Chief Administrator.
Abyei Area CouncilThere shall be established a local, elected Abyei Area Council composed of 20 members which shall:
·Issue local enactments within the powers of local government;·Approve the budget for the Abyei Area;·Adopt reconstruction, development and urbanization plans; and,·If necessary, recommend to the Presidency the removal of the Chief Administrator.
Prior to elections, the Presidency shall appoint the members of the Abyei Area Council within one week of appointing the Chief Administrator.
Financial ResourcesOil revenue during the Interim Period will be distributed as above. In addition, Abyei will be entitled to:
·Its share of national revenue under the Wealth Sharing Protocol;·Income tax and other taxes raised in Abyei;·A share of the National Reconstruction and Development Fund as well as a share of the Southern Sudan Reconstruction and Development Fund; and.·Allocation from the National Government to cover costs and to set up and run its administration.An Abyei Resettlement, Construction and Development Fund will be established by the Abyei Executive Council upon the creation of the Abyei Administration to handle relief, repatriation, resettlement, reintegration, rehabilitation and reconstruction programmes.
BoundariesThe Presidency will form an Abyei Boundaries Commission (ABC) to establish the official boundaries of the Abyei area. The ABC will be composed of:
·One representative from each party;·Five (5) international experts nominated by the US, UK and IGAD – one of whom will be the chair;·2 members each from the present administrations (GoS and SPLM) of Abyei;·2 Misseryia nominated by the GoS; and·2 Ngok Dinka nominated by the SPLM.
The ABC will base its report on consultations with representatives of the peoples of the Abyei area, neighbours, and the two parties, as well as on research and analysis by the experts. The final report of the ABC will be binding on the two parties.
Residency: Residents will be those living in the area with residency criteria determined by the Abyei Referendum Commission.
Security Arrangements: Immediately after the formation of the Abyei Administration, the Executive Council will establish an Abyei Area Security Committee. In addition, the two parties shall form and deploy an Abyei Area Independent Battalion attached to the Joint Integrated Units 3rd Infantry Division, Warap. The battalion will be accompanied by international monitors to ensure full implementation of the agreement.
Abyei Referendum Commission: The Presidency shall establish a commission simultaneously with the Southern Sudan Referendum Commission to determine the rules and procedures governing the referendum.
Reconciliation: The Presidency shall start the reconciliation and peace building process for Abyei as soon as the Comprehensive Peace Agreement is signed.

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