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UN Office for the Coordination of Humanitarian Affairs
Friday 28 May 2004

SUDAN: Details of peace protocols signed this week

NAIROBI, 28 May 2004 (IRIN) - On Wednesday evening, the Sudanese government and the Sudan People's Liberation Movement/Army (SPLM/A) signed three key protocols on wealth-sharing and the contested areas of Abyei, the Nuba mountains and southern Blue Nile, paving the way for a comprehensive peace agreement.

Six protocols have been signed to date, which, together with two annexes, will make up a comprehensive peace agreement. Technical committees are expected to start work in three weeks on the annexes governing the implementation of the protocols, plus comprehensive ceasefire arrangements and guarantees, and to finish their work within two months.

The earlier protocols are: the Machakos protocol governing a referendum on secession for the south after a six-year interim period following the signing of a comprehensive peace deal; a protocol on security arrangements during the interim period; and on wealth-sharing during the interim.

Key details of the agreements signed this week are outlined below:


* There will be a National Government and a separate Government of Southern Sudan. The National Government is to be decentralised with "significant devolution of powers" awarded to each state.
* A bicameral National Legislature will be established consisting of a National Assembly and a Council of States, the latter comprising two representatives from each state.
* The Interim National Constitution will be the supreme law of the land, while the Southern Sudan Constitution and state constitutions will comply with it.
* The National Congress Party will fill 52 percent of seats in the National Assembly; the SPLM will have 28 percent; other northern political forces will have 14 percent; other southern forces 6 percent.
* There will be one president, and two vice-presidents (to be appointed by the president) in Sudan. Umar Hasan al-Bashir will remain president until national elections are held. Dr John Garang will be first vice-president of the National Government and president of the Government of Southern Sudan.
* A population census will be held by the second year of the interim period, and general elections by the end of the third year.
* Khartoum will remain the capital of the Republic of Sudan. Non-Muslims will not be subject to shari'ah law in the capital.
* The rights of non-Muslims are to be protected by a special commission appointed by the President.
* The National Government is to implement an "information campaign" throughout Sudan in all national languages to "popularise" the peace agreement and foster national unity and reconciliation.
* The National Civil Service will award between 20 and 30 percent of jobs, to be confirmed by the census, to southerners. Not less than 20 percent of middle- and upper-level positions will be given to southerners.
* Arabic and English are to be the official working languages of the National Government.
* Sudanese will be given a number of guarantees, including: the right to life, liberty and security of person; the abolition of slavery; the abolition of torture; a fair trial; freedom of thought, conscience, religion and expression; freedom of assembly; the right to vote; equality before the law; freedom from discrimination; and women are to be treated equally to men.


* Abyei is defined as the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905.
* The Misariyah and other nomadic peoples will retain their right to graze cattle and move across the territory of Abyei.
* Residents of Abyei (the Ngok and other residents) will be awarded a "special administrative status" during the interim period and will remain citizens of both Western Kordofan in northern Sudan and Bahr al-Ghazal in southern Sudan with representation in the legislatures of both states.
* Abyei will be administered by a local Executive Council, to be elected by its residents, during the interim period.
* Simultaneous with the referendum on secession for southern Sudan after the interim period, residents of Abyei will have a separate referendum to decide whether to remain part of northern or southern Sudan.
* Oil revenue from Abyei will be divided six ways during the interim period: between the National Government (50 percent); the Government of Southern Sudan (42 percent); Bahr al-Ghazal (2 percent); Western Kordofan (2 percent); the Ngok Dinka (2 percent); and the Misariyah (2 percent).
* The National Government will appeal to the donor community to facilitate the return of residents from Abyei, many of whom were displaced by the war.


* Residents of the two areas will have a "popular consultation" on the comprehensive peace agreement to be signed by the SPLM/A and the government.
* Each state will establish a Parliamentary Assessment and Evaluation Commission and a separate Independent Commission to evaluate the implementation of the peace agreement. If the agreement is endorsed by the legislature in each state, it will become "the final settlement" of the political conflict there.
* If the agreement is not being fully implemented, negotiations will be held with the National Government to rectify the shortcomings.
* A state executive will consist of a state governor, a state council of ministers and local government in each state. A state legislature will prepare and adopt a constitution in each, and may relieve the governor of the state of his/her functions. Both institutions will be represented 55 percent by the National Congress Party, and 45 percent by the SPLM. The governorship will rotate in each state between both sides.
* The two states will have significant autonomy over key areas, including: state police; local government; media; social welfare; civil service at state level; state judiciary; internal and external borrowing of money; the provision of health care; regulation of business; enforcement of state laws; provision of education; town planning; state statistics and surveys; state referenda; state budget and taxation.
* The National and State governments will have concurrent powers over some areas, including: economic and social development; tertiary education; health policy; urban development; delivery of public services; disaster preparedness; electricity generation; water and waste management; gender policy and women's empowerment.
* Seventy-five percent of the total National Reconstruction and Development Fund will be allocated for war-affected areas, particularly to the Nuba mountains, southern Blue Nile and Abyei.
* The two states will be represented in national institutions in proportion with their population size.


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