Territorial Powersharing: Sudan Comprehensive Peace Agreement

Annexure I: Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices (Signed at Naivasha, Kenya on 31st December 2004)

18.3. SPLA commits to redeploy its forces pursuant to Article 3 (c) and Article 4 (c)

(V) (a) of the Agreement on Security Arrangements as detailed below.

18.4. The SPLA forces in the eastern Sudan shall be redeployed to the south of North/South border of 1/1/1956 beginning from pre-interim period according to the following steps:

a) Reduction by thirty percent (30%) by D-day + four months.

b) Reduction by fourty percent (40%) by D-day+ 8 months.

c) Complete redeployment of the remainder thirty percent (30%) by D-day 12 months.

18.5. The SPLA shall complete redeployment of its excess forces from Southern Blue Nile and Southern Kordofan/Nuba Mountains within six months of the deployment of the JIUs in those areas.

Sudan Comprehensive Peace Agreement

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

PART III

3. Government of Southern Sudan

In respect of the Southern Sudan, there shall be a Government of Southern Sudan (GoSS), as per the borders of 1/1/56, which shall consist of:­

3.1.1 The Legislature of Southern Sudan;

3.1.2 The Executive of Southern Sudan;

3.1.3 The Judiciary of Southern Sudan;

3.2 The Government of Southern Sudan shall function in accordance with a Southern Sudan Constitution, which shall be drafted by an inclusive Southern Sudan Constitutional Drafting Committee and adopted by the Transitional Assembly of Southern Sudan by a two-thirds (2/3) majority of all members. It shall conform with the Interim National Constitution.

3.3 The powers of the Government of Southern Sudan shall be as set forth in Schedules B and D, read together with Schedules E and F, the Interim National Constitution, Southern Sudan Constitution, and the Peace Agreement.

3.4 A primary responsibility of the Government of Southern Sudan will be to act as an authority in respect of the States of Southern Sudan, to act as a link with the National Government and to ensure that the rights and interests of the people of Southern Sudan are safeguarded during the Interim Period.

3.5 Legislature of Southern Sudan

3.5.1 Pending the elections, the First Southern Sudan Assembly shall be an inclusive, constituent legislature comprised of:­

3.5.1.1 The SPLM shall be represented by Seventy Percent (70%);

3.5.1.2 The NCP shall be represented by Fifteen Percent (15%);

3.5.1.3 The other Southern political forces shall be represented by Fifteen Percent (15%).

3.5.2 The Southern Sudan Assembly shall, in accordance with the Constitution adopted by it, provide for the election of its Speaker and other office holders.

3.5.3 When enacting the Constitution of Southern Sudan, the Assembly of Southern Sudan shall be empowered to assign such powers as set forth in Schedules B and D, read together with Schedules E and F, to the Government of Southern Sudan.

3.5.4 The Southern Sudan Constitution shall make provision for the Assembly of Southern Sudan to be reconstituted through elections in accordance with the provisions herein related to the timing of general elections. The Constitution of the Southern Sudan shall also make provision for the election of the President and appointment of the Vice President of the Government of Southern Sudan. Such elections shall be in accordance with the provisions set forth by the National Electoral Commission specified in sub-paragraph 2.10.1.1 herein.

3.5.5 The Assembly of Southern Sudan may amend the Constitution of the Southern Sudan by a two-thirds (2/3) majority vote of all members.

3.5.6 Apart from applicable national legislation, legislative authority in Southern Sudan shall be vested in the Assembly of Southern Sudan. It shall establish its own offices, committees and rules of procedure. It shall elect a Speaker and Deputy Speaker and other officers at its first meeting.

3.6 The Southern Sudan Executive

3.6.1 An Executive Council of Ministers appointed by the President of the Government of Southern Sudan, in consultation with his/her Vice President and approved by the Assembly of Southern Sudan, shall be established in accordance with the Southern Sudan Constitution. The Executive Council of Ministers shall be accountable to the President of the Government of Southern Sudan and the Southern Sudan Assembly in the performance of their functions and may be removed by a motion supported by two-thirds (eh» of all the members of the Southern Sudan Assembly.

3.6.2 The Executive Authority of Southern Sudan shall establish such independent institutions as the Peace Agreement, the Interim National Constitution and the Southern Sudan Constitution contemplate. It shall be empowered to establish such further commissions and institutions compatible with its powers as it deems necessary to promote the welfare of its people, good governance and justice.

3.6.3 The Government of Southern Sudan shall be established with due regard to the need for inclusiveness.

3.6.4 Prior to elections, the Government of Southern Sudan shall be allocated as follows:­

3.6.4.1 The SPLM shall be represented by Seventy Percent (70%);

3.6.4.2 The NCP shall be represented by Fifteen Percent (15%);

3.6.4.3 The other Southern political forces shall be represented by Fifteen Percent (15%).

3.6.5 The Government of Southern Sudan shall discharge its obligations and exercise such rights and powers in regard to administration, security, financial, and development issues as is set forth in the Southern Sudan Constitution, the Interim National Constitution, the Peace Agreement and any other agreement relating to the reconstruction and development of the Southern Sudan.

3.6.6 (a) Should the post of the President of GoSS fall vacant, and pending the nomination and swearing in of the new President, the functions of the President shall be assumed by the Vice President of GoSS;

(b) Should the post of the President of GoSS fall vacant in the period prior to elections, the Office of the President of GoSS shall be filled by a nominee of the SPLM within two (2) weeks;

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

3.7 The Judiciary of Southern Sudan

3.7.1 There shall be at the Southern Sudan Level:­

3.7.1.1 A Supreme Court of Southern Sudan;

3.7.1.2 Courts of Appeal; and

3.7.1.3 Any such other courts or tribunals as deemed necessary to be established in accordance with the Southern Sudan Constitution and the law.

3.7.2 The Constitution of Southern Sudan shall provide for a Supreme Court for Southern Sudan which shall be the highest court in the South and to which appeals may lie from Southern state courts or other Courts of Southern Sudan on matters brought under or relating to Southern state, Southern Sudan or National law, as may be determined by the Constitution of Southern Sudan.

3.7.3 The Southern Sudan Supreme Court shall:­

3.73.1 Be the court of final judicial instance in respect of any litigation or prosecution under Southern State or Southern Sudan law, including statutory and customary law, save that any decisions arising under National Laws shall be subject to review and decision by the National Supreme Court;

3.7.3.2 Have original jurisdiction to decide on disputes that arise under the Constitution of Southern Sudan and the constitutions of Southern Sudan states at the instance of individuals, juridical entities or of government;

3.7.3.3 Adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that contradict the Constitution of Southern Sudan or the constitutions of Southern Sudan states;

3.7.3.4 Be a court of review and cassation in respect of any criminal or civil matter arising out or under Southern Sudan Laws.

3.7.3.5 Have criminal jurisdiction over the President and Vice President of the Government of Southern Sudan and the Speaker of Southern Sudan Legislature;

3.7.3.6 Review death sentences imposed by Southern Sudan courts in respect of matters arising out of or under Southern Sudan Laws;

3.7.3.7 Have such other jurisdictions as determined by Southern Sudan Constitution, the Peace Agreement and the Law.

3.7.4 Judges of the Courts of Southern Sudan shall perform their functions without political interference, shall be independent, and shall administer the law without fear or favour. The provisions of the Southern Sudan Constitution and the Law shall protect their independence.

3.7.5 Without prejudice to Sub-paragraph 2.11.4.4, the Legislature of Southern Sudan shall provide for appointments, terms of service and dismissal of Southern Sudan appointed Judges.

Implementation History

2005

Full Implementation

The 2005 CPA allowed the SPLM to maintain its control over southern Sudan as per the border of 1/1/1956. According to this provision, the SPLM troops were said to be redeployed south of the north-south border. At the same time, the accord established the executive, legislative and judicial branch of the government of southern Sudan. The accord provides for a power-sharing arrangement within the executive and legislative branch of the government of southern Sudan.

According to the 2005 CPA, SPLM Chairman Dr. John Garang was appointed and sworn in as vice president of Sudan on 9 July 2005. As president of southern Sudan, Garang issued a decree to dissolve all governments of the 10 southern states of southern Sudan and relieve all governors, minister, advisors and commissioners of their positions and instead announced an interim administration.1 After Garang’s death in a helicopter crash, Salva Kiir Mayardiit became first vice president of Sudan and president of southern Sudan.2 Pending the adoption of the Interim Constitution of Southern Sudan, the care-taker Government of Southern Sudan (GoSS) was appointed on 22 October 2005 and sworn in on 25 October. The government was composed with representatives from 10 southern states and the National Congress Party from the North. The government was dominated by Dinka ethnic group; small tribes were not represented in the government. Similarly, Muslims were not included.3

First Vice-President Kiir appointed the Transitional Southern Sudan Legislative Assembly (TSSLA) by issuing a decree on 20 September 2005. The assembly had 161 members: 110 from SPLM, 25 from NCP, and 26 from other Southern political parties (seven from Union of Sudan African Parties (USAP), three from Sudanese African National Union (SANU), four from United Democratic Salvation Front (UDSF), four from Southern Sudan Democratic Forum (SSDF), four from United Democratic Front (UDF), and four from USAP2 (splinter of USAP)). The Assembly convened its first session on 26 September 2005 and elected Mr. James Wani Igga (SPLM) as Speaker and Mr. Tor Deng (NCP) as Deputy Speaker.4

The Transitional Southern Sudan Legislative Assembly approved the draft interim constitution of southern Sudan in October 2005 and the Interim Constitution of Southern Sudan was signed into law on 5 December 2005.5

The CPA had provisions for the establishment of Supreme Court of Southern Sudan and other lower courts. Ambrose Riiny was appointed as President of the Supreme Court of Southern Sudan.6

  • 1. "Sudan's New First Vice President Sets Up Interim Administration for South," AP Worldstream, July 19, 2005.
  • 2. "The CPA Monitor-Monthly report on the Implementation of the CPA," UNMIS, March 2006.
  • 3. Ibid.
  • 4. Ibid.
  • 5. Ibid.
  • 6. Ibid.
2006

Full Implementation

Provisions related to territorial power-sharing were implemented in 2005. 

2007

Full Implementation

No developments observed this year.

2008

Full Implementation

No developments observed this year.

2009

Full Implementation

No developments observed this year.

2010

Full Implementation

No developments observed this year.

2011

Full Implementation

With the secession of southern Sudan on 9 July 2011, the territorial power-sharing provision of the accord became obsolete.