THE COMPREHENSIVE PEACE AGREEMENT:
A Summary Booklet
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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. Kwaje
Minister for Information and Broadcasting


USE OF THIS BOOKLET
The 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 PROTOCOL
The 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 Process
The 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 ARRANGEMENTS
The 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 Forces
The 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 Forces
The 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 Army
The SPLA shall redeploy South of the 1/1/1956 border according to the following schedule:

Sudan People’s Liberation Army
The 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 Units
While 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 Groups
No armed groups shall be allowed to operate outside the SAF, SPLA and JIUs.

Ceasefire and Monitoring Arrangements
The 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 Commission
The 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 Committee
The 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 Committee
AJMCs 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 Teams
JMTs 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 Reconciliation

The 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 SHARING
The 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 Ownership
The 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 Revenue
The 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 Contracts
The 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 Resources
A 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 Revenue
The 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 Revenue
The 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 Policies
The 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 Sudan
The 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 Sudan
The 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 Funds

The 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 GOVERNANCE
The 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;
·
Reconciliatio