Powersharing Transitional Government: Sudan Comprehensive Peace Agreement

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

2.5. The Government of National Unity

2.5.1 During the Interim Period, there shall be a Government of National Unity reflecting the need for inclusiveness, the promotion of national unity, and the defense of national sovereignty, and the respect and implementation of Peace Agreement.

2.5.2 The Presidency and Council of Ministers shall exercise the Executive powers and competencies in respect of the matters in Schedules A and D, read together with Schedules E and F, and as conferred upon it by this Agreement and the Interim National Constitution.

2.5.3 Cabinet posts and portfolios in all clusters, including the National Sovereignty Ministries, shall be shared equitably and qualitatively by the two Parties. The Parties agree to cluster the National ministries under the implementation modalities.

2.5.4 Representation of the SPLM and other political forces from the South in each of the clusters shall be determined by the Parties Signatory to Agreement prior to the conclusion of the Peace Agreement.

2.5.1 During the Interim Period, there shall be a Government of National Unity reflecting the need for inclusiveness, the promotion of national unity, and the defense of national sovereignty, and the respect and implementation of Peace Agreement.

2.5.2 The Presidency and Council of Ministers shall exercise the Executive powers and competencies in respect of the matters in Schedules A and D, read together with Schedules E and F, and as conferred upon it by this Agreement and the Interim National Constitution.

2.5.3 Cabinet posts and portfolios in all clusters, including the National Sovereignty Ministries, shall be shared equitably and qualitatively by the two Parties. The Parties agree to cluster the National ministries under the implementation modalities.

2.5.4 Representation of the SPLM and other political forces from the South in each of the clusters shall be determined by the Parties Signatory to Agreement prior to the conclusion of the Peace Agreement.

2.5.5 Prior to elections, the seats of the National Executive shall be allocated as follows:­

(a) The National Congress Party shall be represented by Fifty-Two Percent (52%);

(b) Sudan People's Liberation Movement (SPLM) shall be represented by Twenty-Eight Percent (28%);

(c) Other Northern political forces shall be represented by Fourteen Percent (14%);

(d) Other Southern political forces shall be represented by Six Percent (6%);

2.5.6 The Government of National Unity shall be responsible for the administration and functioning of the State and the formulation and implementation of national policies in accordance with the Interim National Constitution.

2.5.6 The Government of National Unity-shall be responsible for establishing recruitment systems and admission policies to national universities, national institutes, and other institutions of higher education based on fair competition, giving equal opportunity to all citizens.

2.5.8 The Government of National Unity shall make decisions related to the ongoing or future activities of the organizations of the United Nations, bilateral, national, or international governmental and non-governmental organizations (NGDs), with a view toward ensuring equitable and transparent distribution of projects, activities, and employment of personnel in the whole of Sudan and especially the reconstruction of the war affected areas. There is to be an equivalent obligation on all levels of Government.

2.5.9. The Government of National Unity shall implement an information campaign throughout Sudan in all national languages in Sudan to popularize the Peace Agreement, and to foster national unity, reconciliation and mutual understanding.

2.2. The National Legislature:

2.2.5 Prior to the Parliamentary elections, the seats of the National Assembly shall be allocated as follows:

(a) The National Congress Party (NCP) shall be represented by Fifty-Two Percent (52%);

(b) Sudan People's Liberation Movement (SPLM) shall be represented by Twenty-Eight Percent (28%);

(c) Other Northern political forces shall be represented by Fourteen Percent (14%);

(d) Other Southern political forces shall be represented by Six Percent (6%);

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.

2.11 The National Judiciary

2.11.4.6.

(iii) Southern Sudan shall be adequately represented in the Constitutional Court, the National Supreme Court and other national courts that are situated in the National Capital, by qualified lawyers having regard to competence and credibility;

2. 11.4.7. The tenure of Judges shall not be affected by their judicial decisions. Judges may only be removed for gross misconduct, incompetence, incapacity, or otherwise in accordance with the law, and only on the recommendation of the National Judicial Service Commission.

Implementation History

2005

Intermediate Implementation

There was considerable delay in the establishment of the Government of National Unity (GoNU). The CPA provided that the GoNU be established within six months of the signing of the CPA or by 9 July 2005. The dispute over the allocation of energy and mining ministerial portfolio between the National Congress Party (NCP) and the SPLM caused the delay in the formation of the national unity government. Nevertheless, the three member presidency was inaugurated on 9 July 2005. Omer Hassan Ahmed Al-Bashir was sworn in as President, John Garang de Mabior 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

President Bashir issued four decrees on 20 September 2005 establishing the GoNU. The CPA formula of power-sharing was followed in the formation of the unity government. The GoNU included one presidential assistant, 12 presidential advisors, 28 federal ministers and 33 state ministers. The NCP retained five sovereign ministries (Presidency, Interior, Justice, Defence and Federal Government), six economic ministries (Finance, Energy, Irrigation, Agriculture, International Cooperation and Animal Resources) and four service ministries (Labour and Public Service, Culture and Youth, Social Welfare and Guidance and Endowment). The SPLM received two sovereignty ministries (Council of Ministers and Foreign Affairs), three economic ministries (Foreign Trade, Investment and Transportation) and three service ministries (Health, Humanitarian Affairs and Higher Education). The disputed energy and mining ministry was retained by the president’s party NCP.2 The opposition umbrella group, the National Democratic Alliance (NDA) received two ministerial seats on 27 November 2005.3 Other opposition parties did not show interest in joining the GoNU.

As agreed, the National Legislature (the National Assembly and the Council of States) was formed and convened on 31 August 2005. Ahmed Ibrahim El-Tahir (NCP) was elected Speaker for the National Assembly and Atim Garang Deng (SPLM) Deputy Speaker. Ali Yahia (NCP) was elected Speaker and Remo Olair (SPLM) Deputy Speaker of the Council of States. In the 450 member National Assembly, the NCP had 234 seats, SPLM 126 seats, Northern political forces 55 seats, Southern political forces 27 seats, and the remaining eight seats were designated for national personalities. Similarly, the power-sharing formula was adopted in allocating 19 standing specialized committees in the National Assembly. The NCP chaired ten committees, SPLM five, other Northern political forces three and the other Southern political forces one.4

Consistent with the CPA provision, Mr. John Aungi Kasiba from SPLM and Dr. Wahabi Mohamed Mukhtar from NCP were appointed as Deputy Chief Justices. Mr. Jalal-Eddin Mohamed Osman from NCP was appointed as Chief Justice. These appointments were made on 28 November 2005. Similarly, the president and members of the Constitutional Court were sworn in on 31 December 2005. 

  • 1. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS, March 2006.
  • 2. Ibid.
  • 3. Ibid.
  • 4. Ibid.
2006

Intermediate Implementation

The National Unity Government was formed in 2005. The SPLM shared power in the presidency, in the national assembly and in judiciary.

2007

Intermediate Implementation

On14 October 2006, Eastern Sudan Peace Agreement was negotiated between the Eastern Front and the National Unity Government. In an effort to implement the accord, three leaders of the Eastern Front were appointed in the national unity government as Assistant to the President, Adviser to the President and the State Minister of Transport and Roads.5

On 11 October 2007, the SPLM recalled all of its ministers and presidential advisers from the government of national unity as many provisions of the CPA were either rejected or not implemented by the GoNU. In its decision to withdraw its participation in the GoNU, the SPLM gave four reasons: the lack of demarcation of the north-south border, problems with wealth-sharing (the oil), delayed withdrawal and no solution to Abyei.6 The SPLM alleged that the delay in the demarcation of the north-south border was a result of impediments caused by the NCP in the work of the border commission. Similarly, the SAF were also not withdrawn from the South, especially from the oil fields. The SPLM also alleged that there was no transparency on issue of wealth sharing. Finally, the SPLM was excluded from the management and development of the oil sector. On 12 December 2007, the parties reached an agreement to deal with these issues including issues related to entrust the security of the oil area to the Joint Integrated Units.7 Once the dispute resolved, President Al-Bashir issued a series of decrees appointing new SPLM ministers, state ministers and presidential advisors in the Government of National Unity (GoNU) on 26 December 2007. The new SPLM ministers were sworn in on 27 December 2007.8

Representatives of the Darfur Peace Agreement signatory parties also joined the National Assembly in 2007.9 Similarly, after the Eastern Sudan Peace Agreement, the Eastern Front was allocated eight members in the National Assembly. Those members took their oath on 24 October 2007.10

  • 5. "Report of the Secretary General on the Sudan," United Nations (S/2007/500), August 20, 2007.
  • 6. "Sudan; South Quits Unity Government," Africa News, October 11, 2007.
  • 7. "Report of the Secretary General on the Sudan," United Nations (S/2008/64), January 31, 2008.
  • 8. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS, February 2009.
  • 9. Ibid.
  • 10. Ibid.
2008

Intermediate Implementation

No major changes took place in the composition of the Government of National Unity except for the cabinet reorganization of 14 February 2008. President Al-Bashir reshuffled NCP Ministers in the GoNU and reallocated portfolios of several Ministers of State.11

2009

Intermediate Implementation

The parties, including SPLM, continued to share power through their participation in the GoNU in 2005. No cabinet reshuffle took place in 2009.

2010

Intermediate Implementation

Following the national census and the SPLM’s objection to the national census results, which should have taken place before 9 July 2007 as provided in the 2005 CPA, the presidency reached an agreement regarding the contested census results that provided for an additional 40 seats for the south in the new National Assembly. In addition, Southern Kordofan and Abyei would be allocated four and two seats, respectively, in the new assembly. The presidential and the parliamentary elections took place in April 2010. Elections across Sudan were held, fulfilling a CPA benchmark. Omar Hassan Ahmed Al Bashir was elected President of the Republic and Salva Kiir Mayardit President of the Government of Southern Sudan. According to the CPA’s power-sharing formula, the President of the Republic issued decrees (on 14 June 2010) appointing 35 Ministers and 42 State Ministers in the national government. The NCP was allocated 24 ministerial seats, the SPLM eight, and the other parties who had participated in the elections three. The newly-appointed ministers were sworn in on 16 June.12

  • 12. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS, December 2010.
2011

Full Implementation

The CPA’s provisions related to the Government of National Unity were implemented. The power-sharing provisions, however, became obsolete once Southern Sudan became an independent state on 9 July 2011 following the April referendum.