Executive Branch Reform: Sudan Comprehensive Peace Agreement

Chapter II: Power Sharing (Signed at Naivasha, Kenya on 26th May, 2004)

2.3. The National Executive

2.3.1 The National Executive shall consist of the Presidency and a Council of Ministers.

2.3.2 There shall be established the Institution of the Presidency consisting of the President and two Vice Presidents.

2.3.3 The functions of the two Vice Presidents shall be clearly defined by the parties to this Agreement.

2.3.4 There shall be a partnership and collegial decision-making process within the Institution of the Presidency in order to safeguard the Peace Agreement.

2.3.5 Until such time as elections are held, the current incumbent President (or his successor) shall be the President and Commander-in-Chief of the Sudan Armed Forces (SAF). The current SPLM Chairman (or his successor) shall be the First Vice President and shall at the same time hold the posts of President of the Government of Southern Sudan (GoSS) and Commander-in-Chief of the Sudan People's Liberation Army (SPLA).

2.3.6 In respect of the following matters, the President shall take decisions with the consent of the First Vice President, namely:­

2.3.6.1 Declaration and termination of a state of emergency;

2.3.6.2 Declaration of war;

2.3.6.3 Appointments that the President is required to make according to the Peace Agreement, (to be specified); and

2.3.6.4 Summoning, adjourning, or proroguing the National Legislature.

2.3.7 The President shall be elected in national elections, the timing of which shall be subject to the agreement of the two parties. The President elect shall appoint two Vice Presidents, one from the South and the other from the North. If the President-elect is from the North, the position of the First Vice President shall be filled by the person who has been elected to the post of President of the Government of Southern Sudan, as the President's appointee to the said position. In the event that a person from the South wins the Presidential elections, the President-elect shall appoint the First Vice President from the North. All the other provisions in this Agreement relating to the presidency shall continue to apply.

2.3.8 Should the post of the President fall vacant, the functions of the President shall be assumed by a Presidential Council comprising of the Speaker of the National Assembly, the First Vice President and the Vice President.

2.3.8.1 The Speaker of the National Assembly shall be Chairperson of the Council in the period prior to elections, after elections the First Vice President shall be the chairperson of the Council;

2.3.8.2 The Presidential Council shall take its decision by consensus;

2.3.8.3 The Vice President shall be Commander-in-Chief of the Sudan Armed Forces (SAF).

2.3.9 Should the post of the President fall vacant in the period prior to elections, the Office of the President shall be filled by the nominee of the National Congress Party within two weeks.

2.3.10 Should the post of the President fall vacant in the period after the elections, the post shall be filled through presidential elections which shall be held within sixty
(60) days.

2.3.11 Should the post of the First Vice President fall vacant:­

2.3.11.1 Prior to elections, the office of the First Vice President shall be filled by the nominee of the SPLM within two (2) weeks;

2.3.11.2 After the elections, the President shall appoint a First Vice President in accordance with the Interim National Constitution and the provisions of this Peace Agreement.

2.3.12 The President shall, within Thirty (30) days of the entry into force of the Peace Agreement, and in consultation with the First Vice President, establish a Council of Ministers, having due regard to the need for inclusiveness and diversity in the establishment of a Government of National Unity. The Cabinet Ministers shall be accountable to the President and the National Assembly in the performance of their functions and may be removed by a resolution supported by two-thirds eh) of all the members of the National Assembly.

2.3. 13 The President, the First Vice President and the Vice President shall be members of the Council of Ministers.

2.3.14 The National Legislature shall be required to approve declarations of war or state of emergency, but in either event, there shall be no derogation from the provisions of the Peace Agreement, except as may be provided herein.

2.3.15 Any Executive Orders or other legal acts by the President of the Republic shall be discussed with, and adopted by Council of Ministers.  

Implementation History

2005

Full Implementation

According to the CPA provision to reform the executive branch of the government, the institution of the presidency should be established with one president and two vice presidents. The CPA prescribed that the office of the Vice president, prior to the election, be filled within two weeks of the signing of the CPA. This did not occur. Nevertheless, the three member presidency was inaugurated on 9 July 2005. Omer Hassan Ahmed Al-Bashir was sworn in as President, John Garang de Maribor as First Vice President and Ali Osman Mohamed Taha as Vice President. The First Vice President Dr. Garang was killed in a helicopter crash on 30 July 2005. The vacant position was filled by SPLM leader Lt. General Salva Kiir Mayardiit.1 The CPA also required that the Institution of Presidency adopt a collegial decision-making process and consult with the vice presidents. This satisfies the executive branch reform as the CPA provides.

Immediately after establishing the Government of National Unity (GoNU) on 20 September 2005, the presidency started to develop the formation and staffing of many commissions and Committees as specified by the CPA. By the end of October and November 2005, the presidency issued decrees to establish the Assessment and Evaluation Commission, the National Petroleum Commission, the Fiscal and Financial Allocation and Monitoring Commission and the Technical Ad Hoc Border Committee, the Cease-fire Political Commission, and National Judicial Service Commission.2 The Secretary General’s report also suggests that the presidency received the report defining the borders of the Abyei area from the Abyei Boundary Commission in July 2005, but had yet to implement the decision.

The executive branch of the government was reformed in 2005 by establishing a three member presidency and adopting a collegial decision making process.

  • 1. "The CPA Monitor-Monthly Report on the Implementation of the CPA," UNMIS, March 2006.
  • 2. "Report of the Secretary General on the Sudan," United Nations (S/2005/821), December 21, 2005.
2006

Full Implementation

Executive branch reform took place with the establishment of the presidency in 2005.

In 2006, the presidency issued a decree declaring the Boundaries of Southern Kordofan State as the previous boundaries of Southern Kordofan Province as defined in the 1974 Act of the Division of Provinces. Western Kordofan and Southern Kordofan merged in accordance with the decree. Similarly, the Presidency decided on 3 January 2006 that the Cabinet for the administration of the National Capital would include eight ministers: four from the NCP, two from the SPLM (one of them Deputy Governor), and two from Northern political forces (one of them Deputy Governor). By a decree issued in August 2006, the presidency established the Commission on the Protection of the Rights of Non-Muslims in the National Capital. On 18 February 2006, President Al-Bashir issued a presidential decree to form the National DDR Coordination Council (NDDRCC). The presidency failed to agree on the adoption of the Abyei Boundaries Commission submitted to the presidency on 14 July 2005.3 The presidency, however, resolved a deadlock over the draft constitution, which was signed into law in December.4

  • 3. "The CPA Monitor-Monthly Report on the Implementation of the CPA," UNMIS, February 2009.
  • 4. "Report of Secretary General on the Sudan," United Nations (S/2007/42), 25 January 2007.
2007

Full Implementation

Executive branch reform took place with the establishment of the presidency in 2005.

On 26 July 2007, the President issued a decree establishing the National Civil Service Commission. The presidency issued a decree replacing Fiscal and Financial Allocation and Monitoring Commission (FFAMC) Chair, Ibrahim Monim Mansour, with Homahed Osaman Ibrahim. Nevertheless, the presidency failed to agree on the adoption of the Abyei Boundaries Commissions.5

  • 5. "The CPA Monitor-Monthly Report on the Implementation of the CPA," UNMIS, February 2009.
2008

Full Implementation

Executive branch reform took place with the establishment of the presidency in 2005. No further developments reported.  

2009

Full Implementation

No further developments observed.

2010

Full Implementation

No further developments observed.

2011

Full Implementation

No further developments observed.