Sudan Comprehensive Peace Agreement

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

Part I: The Ceasefire Arrangements

1. General and Fundamental Provisions

1.1. The Parties agree that the national ownership of the peace process, political will, and continuous dialogue are indispensable elements for sustainable peace. They shall collaborate to observe and respect the ceasefire and resort to their own wisdom to contain and solve any problem that may arise;

1.2. The Parties shall always refrain from any act or acts that may in any way spoil the peace process. They shall unceasingly create and maintain a conducive atmosphere for peace and tranquility;

1.3. The Parties shall abide by good governance, democracy and foster civil society;

1.4. The Parties agree that inclusiveness is of the essence to this Agreement and shall engage the other armed groups and political forces to become part of the peace process, play a role thereto and contribute to the sustenance of this Agreement;

1.5. The Cease fire Agreement shall ensure clarity by eliminating any room for ambiguity in all elements of the Ceasefire Agreement;

1.6. The Ceasefire Agreement shall guarantee the free movement of people, goods and services throughout Sudan;

1.7. The Parties shall, within the territorial jurisdiction of the Ceasefire Agreement, provide and share information and statistics on their troops strength, arms and military equipment and any other relevant information, among themselves and with the UN Peace Support Mission;

1.8. The Parties shall commit themselves to immediate release of prisoners of war (POWs) and as a gesture of national reconciliation release any other persons detained as a result of the war upon the endorsement of the Comprehensive Peace Agreement;

1.9. The Parties shall involve the International Committee of the Red Cross (ICRC) in the process of arranging the release of POWs and other persons detained as a result of the war;

1.10. The Parties shall commit themselves to render and facilitate humanitarian assistance through creation of conditions conducive to the provision of urgent humanitarian assistance to displaced persons, refugees and other affected persons and their right to return;

1.11. The Parties agree to inform the rank and file of their armed forces as a way of popularizing the Ceasefire Agreement;

1.12. The Parties shall commit themselves that all forces, troops under their respective command and forces allied and affiliated to them at all levels and rank and file shall fully ceasefire and stop hostilities;

1.13. The Parties shall endeavour to promote and disseminate peace culture and confidence building measures among and between the people as well as their forces as integral part of ceasefire arrangements and sustenance of the peace;

1.14. The Parties agree not to arm, train, harbour on their respective areas of control, or render any form of support to external subversive elements or internal armed groups;

1.15. Nothing in this Agreement shall in any way undermine the sovereignty and territorial integrity of the Sudan.

2. Entry into Force

The Ceasefire Agreement (hereinafter referred to as the Agreement or this Agreement) shall come into effect from the date of signature of the Comprehensive Peace Agreement (that day hereafter referred to as D-Day).

3. Amendment of this Agreement

This Agreement may only be amended by the Presidency upon recommendation of the Ceasefire Political Commission.

4. The Parties of the Agreement

The Parties to this Agreement shall be:

4.1. The Sudan Armed Forces (SAF), with all its formations and units; and

4.2. The Sudan People’s Liberation Army (SPLA), with all its formations and units.

5. Principles of the Ceasefire

5.1. The Parties agree to a permanent ceasefire among all their forces with the broader objective of sustaining the Comprehensive Peace Agreement, promoting peace culture, reconciliation and confidence building;

5.2. The ceasefire shall uphold the following principles:

5.2.1 Permanent cessation of hostilities between SAF and SPLA within 72 hours of the signature of the Comprehensive Peace Agreement.

5.3.l. The Permanent cessation of hostilities shall include final termination of the following activities:

5.3.1 Military activities including movement, reconnaissance, reinforcement, recruitment, draft, and military exercises other than those permitted by the Joint Defence Board (JOB). The JDB will inform the UN Peace Support Mission of permitted current and future activities;

5.3.2. Land, air, and river operations;

5.3.3. Laying of mines and other subversive activities;

5.3.4. Use of force against and abuse of civilians;

5.3.5. Replenishment of ammunition, weapons and other lethal or military equipment;

5.3.6. Hostile propaganda from inside or outside the country;

5.3.7. Occupation of new locations;

5.3.8. Any other actions that may impede the normal progress of the cease fire process.

6. The Ceasefire Zone

The scope of the ceasefire shall be:

6.1. Southern Sudan, which shall be subdivided, for all the purposes of ceasefire and monitoring activities, into three areas of:

a) Bahr el Ghazal Area;
b) Equatorial Area;
c) Upper Nile Area.

6.2 Nuba Mountains Area;

6.3 Southern Blue Nile Area;

6.4 Abyei Area;

6.5 Eastern Sudan Area (Hamashkoreb, New Rasai, Kotaneb, Tamarat, and Khor Khawaga).

7. Duration and Calendar of Major Ceasefire Activities

7.l. Duration of the ceasefire shall be divided into four phases:

7.1.1 Phase I: The Pre-interim Period duration 6 months (D-day to D-day + 6 months) ceasefire activities shall start (as per attached lists), including the redeployment of SAF from the South to the North, the beginning of the Demobilization, Disarmament, Reintegration and Reconciliation (DDRR) , the redeployment of SPLA forces from Eastern Sudan, the formation, co-location in training centres, training of the Joint/Integrated Units (JIUs) and the UN monitoring.

7.1.2 Phase II: First half of the Interim Period duration 36 months (D-day+ 6 mo D-day + 42 months). This phase shall cover the completion of deployment of the JIUs, redeployment of the SPLA forces from the Eastern Sudan to the South, redeployment of the SPLA forces from Nuba Mountains and Southern Blue Nile to the South and redeployment of SAF from the South to the North. The DDR activities shall continue. The negotiations on proportionate downsizing shall also start at this phase.

7.1.3 Phase III: Second half of the Interim Period duration 36 months (D-day + 42 months to D-day + 78 months). Continuation of DDR process, training and the monitoring process. Development of plans and modalities of transforming the JIUs into integrated ones.

7.1.4 Phase IV: Post Interim Period duration 6 months (D- day + 78 months to D-day + 84 months). Formation of Sudan National Armed Forces (SNAF) in case of unity or dissolution of JIU in case of secession.

7.2. The Calendar of major ceasefire activities is agreed by the parties as per Appendix 2.

8. Disengagement

8.1. There shall be lines of disengagement according to the assembly areas, as specified in Appendix 1, and shall be adjusted by the monitors of the UN Peace Support Mission.

8.2. On the declaration of the ceasefire, the forces of the SAF, inclusive of their allied forces and the SPLA, inclusive of their allied forces, shall maintain their current positions.

8.3. All forces shall take defensive positions and be redeployed to assembly points within the first three months of the Pre-Interim Period according to the agreed timetable.

8.4. All forces shall be disengaged, separated, encamped in their assembly points, and redeployed subject to international monitoring arrangements.

8.5. The parties shall provide maps and sketches showing their current dispositions before the declaration of the ceasefire. Such maps and sketches shall include:

8.5.1. Current dispositions including deployment and weapons sites.

8.5.2. All necessary information about roads, tracks, passages, minefields, and command posts.

8.6. To safeguard against the menace and hazards posed by landmines and unexploded ordnance, the Parties agree that:

8.6.1. The laying of mines, explosive devices or booby traps of whatever type shall be prohibited;

8.6.2. The Parties and forces under their control shall promptly provide on D-day to the Ceasefire Joint Military Committee (CJMC) all known information concerning the locations and descriptions of all minefields, unexploded ordnance, demolitions, booby traps and any other physical or military hazards which could affect the safe movement of persons, within the ceasefire zones. The Parties shall also promptly produce a plan to mark and signpost any danger areas and initiate this plan according to agreed priorities. The Parties shall allow and facilitate cross-line de-mining activities, the repair and reopening of roads and the removal, dismantling or destruction of mines, unexploded ordnance and all other such hazards as described above immediately upon the signature of this Agreement;

8.6.3. The Parties and forces under their control shall promptly provide to the CJMC information concerning the stockpiles of Anti Personal Mines;

8.6.4. The Parties shall conduct de-mining activities as soon as possible, and in coordination with the UN Peace Support Mission with a view to create the conditions necessary for deployment of the UN Peace Support Mission and the return of displaced populations;

8.6.5. The UN Peace Support Mission, in conjunction with United Nations Mine Action Office, will assist the Parties’ de-mining efforts by providing technical advice and coordination. The Parties shall, as necessary, seek additional de-mining assistance and advice from the UN Peace Support Mission;

8.6.6 The Parties shall establish by D Day + 30 Days two de-mining authorities (Northern and Southern) that shall work together and coordinate their de-mining activities and to work jointly in close cooperation with UN Mine Action Office;

8.7. Before the declaration of the ceasefire, the Parties shall present detailed lists of size and location of their forces in each area to United Nations Advanced Mission in Sudan (UNAMIS), subject by verification of the Verification and Monitoring Team (VMT) and Joint Military Commission (JMC) Nuba Mountains. Such lists shall be attached to the Comprehensive Peace Agreement.

8.8. Notwithstanding 8.7 above, the Parties shall present detailed lists of particulars of all troops to the Ceasefire Joint Military Committee (CJMC) or, pending the formation of the CJMC, to the VMT and JMC/Nuba. The lists shall be verified by the CJMC and/or the VMT and JMC, as the case
may be, immediately after the declaration of the ceasefire.

8.9. The Parties agree and in collaboration with the UN Peace Support Mission to pull back all the weapons of effective range fire within the other Party’s assembly areas.

8.10. The Parties shall provide detailed data on their inventories and stocks including different weapons and munitions, fuel oil and lubricants, etc., and their exact locations to CJMC or the VMT in the cease fire zone. Such inventories shall be verified immediately after the declaration of the ceasefire. The Parties shall agree on ways and means of monitoring such stocks and/or stores to make sure that they are no longer accessible to the Parties.

9. Permitted Activities

In view of negative consequences of war, the key principle that shall underpin permitted activities shall be to alleviate the effects of the war on the civilians and war-affected areas and to galvanize popular support for peace. Permitted activities shall therefore include:

9.1. De-mining and decommissioning of military hazards (this shall be done in collaboration with other bodies referred to in 8.6 herein, according to agreed timetables and mechanisms, and under UN monitoring);

9.2. Development activities to include opening of roads, rehabilitation of bridges and passages, railways, airports and airstrips, and lines of river navigation etc;

9.3. Humanitarian activities such as securing unimpeded access to humanitarian relief according to agreed regulations;

9.4. Socioeconomic activities such as assisting free movement of people, goods and services;

9.5. Free movement of unarmed soldiers in plain clothes who are on leave, medical referrals, or visiting their families;

9.6. Re-supply of armed forces lethal items as shall be deemed appropriate by the IDB and coordinated with UN Mission;

9.7. Supply of non-lethal items (food, water, medicine, fuel oils and lubricants, stationery, uniforms, etc.);

9.8. Training and Refresher training.

9.9. During the disengagement of forces, they shall not exercise any military activities except the following:

9.9.1. Training and refresher training (UN Mission shall be informed of such training – location, duration and type); particularly the field training of platoon level and higher;

9.9.2. Administrative movement (e.g. replenishment with non-lethal supplies or equipment);

9.9.3. Medical evacuation.

10. Violations

10.1. The following acts shall constitute violations to this Agreement:

10.1.1. Any acts that may contravene this Agreement;

10.1.2. Unauthorized movement of troops;

10.1.3. Unauthorized recruitment, draft and/or mobilization drive;

10.1.4. Unauthorized replenishment of military equipment and supplies;

10.1.5. Hostile acts that may provoke confrontation;

10.1.6. Violation of human rights, humanitarian law and obstruction of freedom of movement;

10.1.7. Hostile propaganda and media warfare;

10.1.8. Espionage, sabotage, and acts of subversion to undermine either party and/or the Agreement;

10.1.9. Recruitment of child soldiers.

10.2 In event of any violation to provisions of this Agreement, the CJMC will determine appropriate disciplinary measures which may include, where appropriate, the following:

10.2.1. Publicizing or mentioning the parties that took part in the violations; Exposing or shaming the guilty or recommending severe punishment in event of grave violations;

10.2.2. Recommend referral to civil, criminal trial procedures, or courtmartial of individual or parties involved as applicable;

10.2.3. Recommend referral to civil, criminal trial procedures, or courtmartial of individual or parties involved as applicable;

10.2.4. The Parties agree to follow up on recommendations for disciplinary measures as proposed by CJMC.

10.3. The hostile propaganda as provided in sub-section 10.1.7 above shall be comprehensively monitored by CJMC as part of the ceasefire monitoring process;

10.4. Without prejudice to the freedom of press and media, the Parties agree to set up a Joint Media Committee upon signing of the Comprehensive Peace Agreement to establish guidelines for the media and press to enhance conducive environment for the smooth implementation of the ceasefire.

10.5. The Parties agree that any deadlock arising out of the implementation of the ceasefire shall be referred, as of last resort, to the Presidency for consideration and action after having exhausted all avenues of dispute management at all lower levels;

11. Other Armed Groups

In accordance with Article 7 (a) of the Agreement on Security Arrangements, the Parties agree to expedite the process of incorporation and reintegration of armed groups allied to either Party, into their armed forces, other organized forces, the civil service and civil societal institutions.

11.2. The Parties agree to each setting up “Incorporation and Reintegration Adhoc Committee” to implement the provision of sub-section 11.1 above.

11.3. In accordance with the Framework Agreement on Security Arrangements during the Interim Period, no armed group allied to either party shall be allowed to operate outside the two forces. Other Armed Groups (OAGs) who have a desire and qualify shall be incorporated into the organized forces of either party (Army, Police, Prisons, and Wildlife Forces), while the rest shall be reintegrated into the Civil Service and civil society institutions.

11.4. The Parties agree to adopt a collaborative approach for handling OAGs and to establish by D day + 15 days an OAGs Collaborative Committee (OAGs CC) which shall comprise equal number of representatives from both parties (three each) and an independent observer from UN.

11.5. The OAGs CC shall, inter alia, perform the following functions:

11.5.1. Ascertain strength and armament conditions of all OAGs units which shall be verified by the VMT until UN monitors take over;

11.5.2. Ensure freedom of choice for all OAGs personnel as to the party they so desire to be incorporated in;

11.5.3. Ensure free and fair access of the parties to the OAGs;

11.5.4. Supervise and review incorporation processes of both Parties;

11.5.5. Provide a forum for the parties to exchange information and data on the OAGs as well as handling complaints that pertain to their incorporation process and their activities;

11.5.6. Receive regular updates on the progress of the OAGs incorporation;

11.5.7. Keep the Ceasefire Political Committee abreast on the progress of the OAGs incorporation;

11.5.8. Monitor the DDR programme for the OAGs.

11.6. DDR programme for the OAGs shall be worked out by Southern Sudan DDR Commission (SSDDRC) by the end of the Pre-Interim Period with technical assistance from international experts. All integration options shall be open in that programme.

11.7. Upon signature of this Agreement, the process of incorporation of individual members of all other armed groups, who desire and qualify shall start as soon as possible into the ranks of either SAF or SPLA or integrated into organized forces (Police, Prisons and Wildlife Services), while the rest shall be reintegrated into the civil service or civil society institutions.

11.8. By D Day + 6 months, the OAGs Collaborative Committee after ascertaining the strength and armament conditions of OAGs units, shall ensure freedom of choice for all OAGs members to join either Party they so desire to be incorporated in, provided that no other armed groups shall continue to have a separate existence outside the command of either SAF or SPLA.

11.9. By D Day + 12 Months, the OAGs Collaborative Committee shall finish the incorporation process of OAGs members who desire and qualify into the armed forces of either Party and Police, Prisons, Wildlife Service and Civil Service.

11.10. When the incorporation process of OAGs referred to above in sub-section 11.9 is completed, the incorporated OAGs members shall not be allowed to decamp from one Party to the other nor to change from Police, Prisons, Wildlife and Civil Service to the military.

11.11. The Parties commit themselves, through OAGs Collaborative Committee and Incorporation and Reintegration of Adhoc Committees, to jointly brief all the OAGs about the Comprehensive Peace Agreement and their rights and obligations in the Agreement so as to ensure that they adhere to and respect all the provisions of the Agreement.

11.12. The Southern Sudan DDR Commission shall continue the reintegration process of the demobilized and disarmed members of OAGs into the civil service and civil society institutions in Southern Sudan, with a follow up of the OAGs Collaborative Committee.

11.13. The Parties shall not entertain, encourage, or permit reincorporation/defection of groups or individuals who were previously members or associated with any OAGs and have been incorporated into either party organized forces. Such act, if committed by either party, shall constitute a violation to sub-section 10.1.8 of this Agreement.

12. Foreign Insurgency Groups

12.1. The parties appreciate the threat and menace that the foreign insurgency groups pose on the security and stability of the Sudan and neighboring countries.

12.2. The parties have resolved to end the presence of the foreign insurgency groups on the Sudanese soil;

12.3. The parties shall work together to disarm, repatriate or expel these groups as soon as possible.

13. Verification, Monitoring, Complaints and Obligations

13.1 The structure and levels of monitoring and verification of the implementation of this Agreement shall be as follows:

13.1.1. Ceasefire Political Commission (CPC)

13.1.2. Ceasefire Joint Military Committee (CJMC)

13.1.3. Area Joint Military Committee (AJMC)

13.1.4. Joint Military Teams (JMTs)

14. The Ceasefire Political Commission (CPC)

14.1 The CPC shall be answerable to the Presidency;

14.2 The CPC shall be a political decision making body composed of:

14.2.1. One senior political representative from each Party;

14.2.2. One senior officer each from SAF and SPLA;

14.2.3. Special Representative of UN Secretary General or his deputy;

14.2.4. Senior Security officer (after the establishment of National Security Service);

14.2.5. One Legal advisor from each Party;

14.2.6. Representative of Intergovernmental Authority on Development (IGAD) (observer);

14.2.7. Representative of IGAD Partner’s Forum (lPF) (observer);

14.3. The CPC chair shall be’ rotational between the Parties;

14.4. The CPC shall reach its decisions by consensus of the Parties;

14.5. The mandate and functions of the CPC shall be to:

14.5.1. supervise, monitor and oversee the implementation of this Agreement;

14.5.2. complete negotiating any operational details as shall be necessary;

14.5.3. sound the Parties to rise up to their obligations in this Agreement;

14.5.4. update the Parties on the progress of the ceasefire implementation;

14.5.5. co-ordinate with other relevant national and international bodies;

14.5.6. settle deadlocks arising out from the cease fire implementation as reported by the CJMC and refer the unresolved ones to the Presidency;

14.5.7. provide disciplinary measures for violations;

14.5.8. provide a political forum for continuous dialogue between the Parties and the international community;

14.5.9. foster confidence building between the Parties;

14.5.10. Update the IGAD, IPF, African Union (AU) and the United Nations periodically on the process of the ceasefire implementation as deemed necessary;

14.5.11. propose amendments in the Agreement to the Presidency.

14.6. Ceasefire Joint Military Committee (CJMC)

14.6.1. The CJMC shall be answerable to the CPC and shall oversee the activities of AJMC;

14.6.2. The CJMC shall be located in Juba;

14.6.3. The CJMC shall be a military decision making body and shall be composed of:

14.6.3.1. The Force Commander of the UN Monitoring Mission (Chair),

14.6.3.2. The Deputy Force Commander from countries acceptable to the Parties. Considering that the official working languages in Sudan are Arabic and English;

14.6.3.3. Three officers from SAF with ranks not less than Colonel;

14.6.3.4. Three senior officers from SPLA

14.6.3.5. Officer in charge of National Security at that level;

14.6.3.6. One senior police officer at the level of Southern Sudan.

14.6.4. The CJMC shall reach its decisions by consensus of the Parties and shall establish its own internal regulations;

14.6.5. The CJMC shall have the following functions:

14.6.5.1. Oversee compliance of the Parties to their obligations under this Agreement;

14.6.5.2. Coordinate planning, monitoring and verification of the implementation of this Agreement;

14.6.5.3. Facilitate liaison between the Parties;

14.6.5.4. Coordinate monitoring and verification of disengagement, disarmament and redeployment of the forces as agreed upon in this Agreement;

14.6.5.5. Check on the conduct of the military forces;

14.6.5.6. Specification of current locations of troops as of the D Day;

14.6.5.7. Monitoring troop strength, stocks of arms, ammunitions and other war-related equipment;

14.6.5.8. Coordination and monitoring of pennitted military movement and itineraries thereof;

14.6.5.9. Receiving and verifying unresolved violations, disputes and complaints and rule on them;

14.6.5.10. Serving as a channel of communication between the Parties;

14.6.5.11. Inspection of replenishment of supplies to the forces;

14.6.5.12. Supervision of demining activities, decommissioning of unexploded ordnance and other form of military hazards;

14.6.5.13. Dissemination of infonnation about this Agreement;

14.6.5.14. help Parties in disarming and reintegrating armed groups;

14.6.5.15. monitor and verify the disarmament of all Sudanese civilians who are illegally armed;

14.6.5.16. be responsible for executing peace support operations in collaboration with VMT, JMC and CPMT, until the deployment of the UN monitors; after which the roles of the latter shall cease to exist;

14.6.6. Decisions reached by the CJMC shall be communicated down through the individual chains of command and reported up to the CPC.

14.6.7. Subject to the timing of different activities specified in the Agreement on Security Arrangements, the CJMC may readjust on practical considerations the timing of activities or obligations related to ceasefire including redeployment North and South of the 1956 North South border and activities referred to in sub-section 8.7 herein.

14.6.8. The CJMC shall compile necessary cartographical and mapping references which, once agreed to by the Parties, shall be used for the purposes of monitoring the implementation of this Agreement. However, such cartographical and mapping references shall have no bearing whatsoever on the subsequent delineation of the 11/1/1956 North/South border by the ad hoc border commission that the Parties will set up as part of the Agreement on Implementation Modalities.

14.6.9. The CJMC shall be entitled to move freely throughout the Ceasefire Zone.

14.7 Area Joint Military Committee (AJMC)

14.7.1 The AJMC that shall be established in Juba, Malakal, Wau, Kadugli, Abyei, Damazien or Kurmuk, and shall be composed as follows:

14.7.1.1 The most senior UN Officer in the Area, Chairperson;

14.7.1.2 Equal number of senior officers from SAF and SPLA;

14.7.1.3 UN monitors.

14.7.2 AJMC shall be established in Kassala or Hamashkoreb in Eastern Sudan to monitor and verify the redeployment of SPLA forces as provided in sub-section 4 (c)(v)(a) of Agreement on Security Arrangements;

14.7.3 The AJMC shall be charged with the following functions:

14.7.3.1 monitor and verify alleged violations and resolve disputes;

14.7.3.2 report periodically and refer unresolved complaints to CJMC;

14.7.3.3 Liaise and share information with the Security Committee in the designated area;

14.8 Joint Military Teams (JMTs)

14.8.1. JMTs shall be the lowest operating unit of the cease fire monitoring mechanism;

14.8.2. JMTs shall be established and designated by the AJMC at that level;

14.8.3. A JMT shall be composed of UN senior officer at that level, international monitors, equal number of officers from SAF and SPLA.

14.8.4. JMTs shall conduct regular patrols and visits throughout their respective areas to prevent violations, preserve the ceasefire, and assist in building confidence.

14.8.5. JMTs shall monitor, verify and report alleged violations to the appropriate AJMC.

15. UN Peace Support Mission

15.1. The Parties agree to request the United Nations to constitute a lean, effective, sustainable and affordable UN Peace Support Mission to monitor and verify this Agreement and to support the implementation of the Comprehensive Peace Agreement as provided for under Chapter VI of the UN Charter;

15.2. The Parties call upon the international community to provide technical and financial assistance, given the financial constraints of GoS and particularly the nature and structure of SPLA, to expedite the implementation of the cease fire activities.

15.3. International monitoring shall be carried out by UN, considering that the official working languages in Sudan are Arabic and English, who may make the use of the services of UN protection unit. The size of the UN Peace Support Mission, including any UN force protection element, shall be determined by the UN in consultation with the Parties.

15.4. For the purpose of monitoring activities related to the ceasefire, the international monitors shall have unrestricted access in accordance with a Status of Forces Agreement (SOFA), which shall be concluded with the United Nations as soon as possible. Such SOFA shall contain the provisions agreed to by the Parties with the United Nations immediately following the conclusion of the Comprehensive Peace Agreement.

15.5. The parties agree that the presence and size of the UN peace support mission shall be determined by the implementation time table of this Agreement (disengagement, disarmament, redeployment, etc) and shall gradually phase out with successful implementation of the time tables, increased confidence building, and commitment of the parties towards the implementation of this Agreement.

15.6. The Parties agree to request the UN to provide cultural orientation to all its members to create conducive a s here for respect and better understanding of social values and cultures so as to ensure effective implementation of this Agreement;

15.7. The Parties undertake to respect the exclusively international nature of the UN Peace Support Mission as in terms of flag, vehicle markings, communication, travel and transport, privileges and immunities, facilities, provisions, supplies, services, sanitary arrangements, recruitment of local personnel, currency, entry, residence, departure, uniform, arms, permits and licences, military police, arrest, transfer of custody, mutual assistance, jurisdiction, deceased members and settlement of disputes;

15.8. SAF and SPLA members of AJMCs and JMTs shall have the right to participate in verification and monitoring missions, however in case of failure of either or both Parties to participate, the mission shall still continue with its verification and monitoring tasks.

15.9. The Verification and Monitoring Team (VMT), the Joint Military Commission (JMC) in Nuba Mountains and the Civilian Protection Monitoring Team (CPMT) shall continue performing their duties, under’ operational control of the UN Mission, according to their present and/or expanded mandate, fill the gap and carry out duties as shall be entrusted to them by the Parties until the UN Mission is operational, after which their roles shall cease to exist.

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.

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.

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

PART II

2.2. The National Legislature:

2.2.1 There shall be a bicameral National Legislature comprised of:­

2.2.1.1 A National Assembly; and

2.2.1.2 A Council of States.

2.2.2. In the establishment of the National Legislature, the following principles shall apply:­

2.2.2.1. There shall ·be equitable representation of the people of South Sudan in both legislative chambers; and

2.2.2.2. Relevant considerations shall be taken into account in determining what constitutes equitable representation.

2.2.3 The National Legislature shall be structured and operate as follows:­

2.2.3.1 The National Assembly shall be elected in accordance with the procedures set forth by an impartial. and representative Electoral Commission and in accordance with fair electoral laws;

2.2.3.2 There shall be a Council of States comprised of two representatives from each state;

2.2.3.3 Free and fair elections for the National Assembly shall be conducted in accordance with the Interim National Constitution governing the Interim Period. The date shall be determined by the Parties signatory to this Agreement, after consulting with the Electoral Commission.

2.2.4 Pending the elections referred to above, the National Assembly shall consist of such members representing the Parties to the Agreement, and other forces in the North and South so as to promote inclusiveness and stability, in such proportions to be determined by the parties prior to the conclusion of the Peace Agreement.

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

2.12 Constitutional Review Process

2.12.4.2 A representative National Constitutional Review Commission shall be established, as is more fully described below, which shall within six (6) weeks of receipt of the Agreement prepare a Legal and Constitutional Framework (“The Constitutional Text”);

2.12.4.3 The National Constitutional Review Commission shall be comprised of the NCP, SPLM and representatives of such other political forces and civil society as agreed by the Parties. Such composition shall be reflected in the final Peace Agreement.

2.12.5 The National Constitutional Review Commission shall have as its first task the preparation of a Legal and Constitutional Framework text in the constitutionally appropriate form, based on the Peace Agreement and the current Sudan Constitution, for adoption by the National Assembly. The same text shall be presented to the SPLM National Liberation Council for adoption. In the event of a contradiction, the terms of the Peace Agreement shall prevail in so far as that contradiction exists.

2.12.6 Without prejudice to the provisions of 2.12.5 above, the National Constitutional Review Commission in the preparation of the Legal and Constitutional Framework Text, shall draw upon relevant experiences and documents as may be presented by the Parties.

2.12.7 Upon adoption by the National Assembly and the SPLM National Liberation Council, the Constitutional Text shall become the Interim National Constitution for the Sudan during the Interim Period.

2.12.8 Pending the adoption of the Constitutional Text, the Parties agree that the legal status quo in their respective areas shall remain in force.

2.12.9 The National Constitutional Review Commission shall also be required to prepare such other legal instruments as is required to give effect to the Peace Agreement. It shall provide in such draft statutes or in the Constitutional Text for the appointment and other mechanisms to ensure the independence of such National Institutions as are referred to in Section 2.10 herein.

2.12.10 Without prejudice to the provisions of the Peace Agreement, as a subsequent task and during the course of the six-year Interim. Period, the national Constitutional Review Commission shall be responsible for organizing an inclusive Constitutional Review Process. The process must provide for political inclusiveness and public participation.

2.12.11 Without prejudice to the functions of the State Legislatures, the National Constitutional Review Commission shall prepare model Constitutions for the States, subject to compliance with the National Constitution, and, as relevant, the Constitution of Southern Sudan.

2.12.12 The National Ministry of Justice shall, with the assistance of concerned attorneys, declare the compatibility of the constitution of Southern Sudan with the Interim National Constitution, and also declare the compatibility of the constitutions of the States with the Interim National Constitution and, as appropriate, with the constitution of Southern Sudan. Upon such declaration, the same constitutions shall be signed by the head of the appropriate level of government.

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

Part I

1.5 Principles of Administration and Inter-Governmental Linkages:

1.5.1 In the administration of the Government of National Unity, the following provisions shall be respected:

1.5.1.1 There shall be a decentralized system of government with significant devolution of powers, having regard to the National, Southern Sudan, State, and Local levels of government;

1.5.1.2 The Interim National Constitution, being the legal and constitutional framework text adopted as contemplated in paragraph 2.12.6 herein, shall be the Supreme Law of the land and the Southern Sudan Constitution, state constitutions, and the laws of all levels of government must comply with it;

1.5.1.3 The linkage between the National Government and the states in the Southern Sudan shall be through the Government of Southern Sudan, subject to paragraph 1.5.1.4 below, and as provided for in the Interim National Constitution and the Southern Sudan Constitution;

1.5.1.4 In their relationships with each other or with other government organs, all levels of government and particularly National, Southern Sudan, and State Governments shall:

(a) Respect each others’ autonomy;

(b) Collaborate rather than compete, in the task of governing and assist each other in fulfilling each others’ constitutional obligations;

(c) Perform their functions and exercise their powers so as:

(i) Not to encroach on another level’s powers or functions;

(ii) Not to assume another level’s powers or functions conferred upon it by the Constitution;

(iii) To promote co-operation between them;

(iv) To promote open communication between government and levels of government;

(v) To strive to render assistance and support to other levels of government;

(vi) To advance the good co-ordination of governmental functions;

(vii) To adhere to procedures of inter­governmental interaction as agreed upon;

(viii) To promote amicable settlement of disputes before attempting litigation;

(ix) To respect the status and institutions of other levels of government.

(d) Allow the harmonious and collaborative interaction of the different levels of government within the context of national unity and for the achievement of a better quality of life for all.

ABYEI APPENDIX

UNDERSTANDING ON ABYEI BOUNDARIES COMMISSION

1. Upon signature, and notwithstanding Article 5.1 of the Protocol on Abyei, there shall be established by the Parties Abyei Boundaries Commission (ABC) to define and demarcate the Area of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area.

2. Pursuant to Article 5.2 of the Protocol on Abyei, the ABC shall be composed

as follows:-

2.1 One representative from each Party;

2.2 The Parties shall ask the US, UK and the IGAD to nominate five impartial experts knowledgeable in history, geography and any other relevant expertise. The ABC shall be chaired by one of those experts;

2.3 Each Party shall nominate two from the present two administrations of Abyei Area;

2.4 The GoS shall nominate two from the Messiriya;

2.5 The SPLM/A shall nominate two from the neighbouring Dinka tribes to the South of Abyei Area.

3. The ABC shall listen to representatives of the people of Abyei Area and the neighbours, and shall also listen to presentations of the two Parties.

4. In determining their findings, the Experts in the Commission shall consult the British Archives and other relevant sources on Sudan wherever they may be available, with a view to arriving at a decision that shall be based on scientific analysis and research. The experts shall also determine the rules of procedure of the ABC.

5. The ABC shall present its final report to the Presidency before the end of the Pre-Interim Period. The report of the experts, arrived at as prescribed in the ABC rules of procedure, shall be final and binding on the Parties.

6. The Presidency shall establish the administration of Abyei Area simultaneously with the Government of South Sudan and the Governments of Southern Kordofan and Blue Nile States by the beginning of the Interim Period.

7. In case the ABC delays presentation of the final report beyond the time prescribed above, the Presidency shall take necessary action to put the Abyei Area special status into effect with Abyei town as its seat subject to any readjustment or confirmation by the ABC final report.

8. Meanwhile, the two Parties shall issue appropriate instructions to their respective administrations in Abyei Area to facilitate the return of the citizens of the Area. The JIUs and the UN monitors shall facilitate and provide necessary protection to the IDPs.

9. The Parties shall issue an appeal to the International Community to make funds available for the formation and proper functioning of the ABC.

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

1.4 The Parties agree that the following principles shall guide the distribution of powers and the establishment of structures:

1.4.6 Recognizing the need to legitimize the arrangements agreed to herein, fair electoral laws shall be adopted, including the free establishment of political parties. Elections at all levels of government shall be held by universal adult suffrage.

2.2.3 The National Legislature shall be structured and operate as follows:-

2.2.3.1 The National Assembly shall be elected in accordance with the procedures set forth by an impartial. and representative Electoral Commission and in accordance with fair electoral laws;

2.10 Other Independent and/or National Institutions to be Established in Accordance with the Peace Agreement:

2.10.1 The National Constitutional Review Commission, as detailed in Section 2.12 herein, shall also detail the mandate and provide for the appointment and other mechanisms to ensure the independence of the following institutions:-

2.10.1.1 An impartial and representative National Electoral Commission;

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.

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

PART IV

4. Institutions at the State level

4.1 The Institutions at the State level shall consist of:­

4.1.1 The State Legislature;

4.1.2 The State Executive; and

4.1.3 The State Judiciary.

4.2 There shall be legislative, executive, and judicial institutions at state level which shall function in accordance with this Agreement, the Interim National Constitution and, in respect of the states of Southern Sudan, also with the Constitution of Southern Sudan.

4.3 Local Government is an important level of Government and its election, organization and proper functioning shall be the responsibility of the states, in accordance with the relevant state constitution.

4.4 The State Legislature

4.4.1 There shall be a State Legislature comprised of members elected in accordance with the electoral provisions herein and as set forth by the National Electoral Commission referred to in sub-paragraph 2.10.1.1 herein.

4.4.2 Pending the elections referred to in sub-article 4.4.1 herein, the composition of the state legislatures shall be comprised as follows:­

4.4.2.1. The NCP is to hold Seventy Percent (70%) in the Northern states, and the SPLM Seventy Percent (70%) in the Southern states;

4.4.2.2. The remaining Thirty Percent (30%) in the Northern and the Southern states shall be allocated as follows:­

(i) Ten Percent (10%) in the Southern states to be filled by the NCP;

(ii) Ten Percent (10%) in the Northern states to be filled by the SPLM; and

(iii) Twenty Percent (20%) in the Northern and Southern states to be filled by representatives of other Northern and Southern political forces respectively.

4.4.3. The elections referred to in sub-article 4.4.1. herein shall take place on the same date as the elections for the National Assembly referred to in Section 1.8.3.

4.4.4. The state legislatures shall prepare and adopt state constitutions provided that they are in conformity with the National Constitution, the Peace Agreement, and for Southern States, also in conformity with the Constitution of Southern Sudan.

4.4.5. The State Legislature shall have law-making competency in respect of the functional areas listed in Schedules C and D, read together with Schedules E and F.

4.4.6. Members of the State Legislature and the State Council of Ministers, including the Governor, shall have such immunities as are provided by law.

4.4.7. The State Legislature shall decide its own rules, procedures, and committees, and elect its Speaker and other officers.

4.5 The State Executive

4.5.1 Prior to elections the state executives shall be allocated as follows:­

4.5.1.1 The NCP is to hold Seventy Percent (70%) in the Northern states, and the SPLM Seventy Percent (70%) in the Southern states;

4.5.1.2 The remaining Thirty Percent (30%) in the Northern and the Southern states shall be allocated as follows:­

(i) Ten Percent (10%) in the Southern states to be filled by the NCP;

(ii) Ten Percent (10%) in the Northern states to be filled by the SPLM; and

(iii) Twenty Percent (20%) in the Northern and Southern states to be filled by representatives of other Northern and Southern political forces, respectively.

4.5.2 As part of the Ten Percent (10%) share of the NCP in Southern states the two Parties agreed as follows:­

(i) The Governor of one Southern State shall be a nominee of the NCP;

(ii) One Deputy Governor in a different Southern State shall be a nominee of the NCP.

4.5.3 The States’ Council of Ministers shall be appointed by the Governor in accordance with the State Constitution, having regard to the need for inclusiveness. The State Ministers shall be accountable to the Governor and the State Legislature in the performance of their functions and may be removed by the Governor on a motion supported by two-thirds (e/3» of all the members of the State Legislature.

4.5.4 The Governor shall, together with the States’ Council of Ministers appointed by him/her, exercise the executive powers of the state which shall be in respect of the functional areas listed in Schedules C and D, read together with Schedules E and F, and such other are conferred upon the State by the Interim National Constitution, the Southern Sudan Constitutions, the State Constitutions, and the Peace Agreement.

4.5.5 State Governors must sign any law duly approved by the State Legislature, failing which, after thirty (30) days it shall be deemed to have been signed into law by the State Governor. Where the State Governor withholds his/her signature, he/she must present reasons for his/her refusal to so sign when re­introducing the bill to the State Legislature within the 30-day period stated within. The Bill shall become law if the State Legislature again passes the bill by two-thirds ((2/3)) majority of all the members and the assent of the Governor shall not be required.

4.6 State Judicial Institutions

4.6.1 The State Constitutions shall provide for the establishment of such state courts by the State Judiciary as necessary.

4.6.2 State legislation must provide for:­

4.6.2.1 The appointment and dismissal of State-appointed judges (lay magistrates); and

4.6.2.2 Guarantees of the independence and impartiality of the judiciary and ensure that judges shall not be subject to political or other interference.

4.6.3 State Courts shall have civil and criminal jurisdiction in respect of State, Southern Sudan, and National Laws, save that a right of appeal shall lie as provided in this Agreement.

4.6.4 Notwithstanding sub-paragraph 4.6.3, the National Legislature shall determine the civil and criminal procedures to be followed in respect of litigation or prosecution under National laws in accordance with the Interim National Constitution.

4.6.5 The structures and powers of the Courts of the States of Southern Sudan shall be subject to the provisions of this Agreement and the Constitution of Southern Sudan.

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

2.6 Civil Service:­

2.6.1 The Government of National Unity shall also ensure that the National Civil Service, notably at the senior and middle-levels, is representative of the people of Sudan. In so doing, the following principles shall be recognized:­

2.6.1.1 Imbalances and disadvantages which exist must be redressed;

2.6.1.2 Merit is important and training is necessary;

2.6.1.3 There must be fair competition for jobs in the National Civil Service;

2.6.1.4 No level of government shall discriminate against any qualified Sudanese citizen on the basis of religion, ethnicity, region, gender, or political beliefs;

2.6.1.5 The National Civil Service will fairly represent all the people of the Sudan and will utilize affirmative action and job training to achieve equitable targets for representation within an agreed time frame;

2.6.1.6 Additional educational opportunities shall be created for war-affected people.

2.6.2 In, order to create a sense of national belonging and address imbalances in the National Civil Service, a National Civil Service Commission shall be established with the task of:­

2.6.2.1 Formulating policies for training and recruitment into the civil service, targeting between Twenty-Thirty Percent (20% -30%) of the positions, confirmed upon the outcome of the census referred to herein, for people of South Sudan who qualify;

2.6.2.2 Ensuring that not less than Twenty Percent (20%) of the middle and upper level positions in the National Civil Service (including the positions of Under Secretaries) are filled with qualified persons from the South within the first three years and achieving Twenty ­Five Percent (25%) in five (5) years and the final target figure referred to in sub-paragraph 2.6.2.1 above, within six (6) years; and

2.6.2.3 Reviewing, after the first three (3) years of the beginning of the Interim Period the progress made as a result of the policies and setting new goals and targets as necessary, taking into account the census results.

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

1.7. Reconciliation

The Parties agree to initiate a comprehensive process of national reconciliation and healing throughout the country as part of the peace building process. Its mechanisms and forms shall be worked out by the Government of National Unity.

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.

Sudan Comprehensive Peace Agreement

Chapter IV: The Resolution of the Abyei Conflict (Signed at Naivasha, Kenya on 26th May, 2004)

9. Reconciliation Process

Upon signing the Comprehensive Peace Agreement, the Presidency shall, as a matter of urgency, start peace and reconciliation process for Abyei that shall work for harmony and peaceful co-existence in the Area.

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

10.1. The following acts shall constitute violations to this Agreement:

10.5. The Parties agree that any deadlock arising out of the implementation of the ceasefire shall be referred, as of last resort, to the Presidency for consideration and action after having exhausted all avenues of dispute management at all lower levels;

13. Verification, Monitoring, Complaints and Obligations

13.1 The structure and levels of monitoring and verification of the implementation of this Agreement shall be as follows:

13.1.1. Ceasefire Political Commission (CPC)

13.1.2. Ceasefire Joint Military Committee (CJMC)

13.1.3. Area Joint Military Committee (AJMC)

13.1.4. Joint Military Teams (JMTs)

14. The Ceasefire Political Commission (CPC)

14.1 The CPC shall be answerable to the Presidency;

14.2 The CPC shall be a political decision making body composed of:

14.2.1. One senior political representative from each Party;

14.2.2. One senior officer each from SAF and SPLA;

14.2.3. Special Representative of UN Secretary General or his deputy;

14.2.4. Senior Security officer (after the establishment of National Security Service);

14.2.5. One Legal advisor from each Party;

14.2.6. Representative of Intergovernmental Authority on Development (IGAD) (observer);

14.2.7. Representative of IGAD Partner’s Forum (lPF) (observer);

14.3. The CPC chair shall be’ rotational between the Parties;

14.4. The CPC shall reach its decisions by consensus of the Parties;

14.5. The mandate and functions of the CPC shall be to:

14.5.1. supervise, monitor and oversee the implementation of this Agreement;

14.5.2. complete negotiating any operational details as shall be necessary;

14.5.3. sound the Parties to rise up to their obligations in this Agreement;

14.5.4. update the Parties on the progress of the ceasefire implementation;

14.5.5. co-ordinate with other relevant national and international bodies;

14.5.6. settle deadlocks arising out from the cease fire implementation as reported by the CJMC and refer the unresolved ones to the Presidency;

14.5.7. provide disciplinary measures for violations;

14.5.8. provide a political forum for continuous dialogue between the Parties and the international community;

14.5.9. foster confidence building between the Parties;

14.5.10. Update the IGAD, IPF, African Union (AU) and the United Nations periodically on the process of the ceasefire implementation as deemed necessary;

14.5.11. propose amendments in the Agreement to the Presidency.

14.6. Ceasefire Joint Military Committee (CJMC)

14.6.1. The CJMC shall be answerable to the CPC and shall oversee the activities of AJMC;

14.6.2. The CJMC shall be located in Juba;

14.6.3. The CJMC shall be a military decision making body and shall be composed of:

14.6.3.1. The Force Commander of the UN Monitoring Mission (Chair),

14.6.3.2. The Deputy Force Commander from countries acceptable to the Parties. Considering that the official working languages in Sudan are Arabic and English;

14.6.3.3. Three officers from SAF with ranks not less than Colonel;

14.6.3.4. Three senior officers from SPLA

14.6.3.5. Officer in charge of National Security at that level;

14.6.3.6. One senior police officer at the level of Southern Sudan.

14.6.4. The CJMC shall reach its decisions by consensus of the Parties and shall establish its own internal regulations;

14.6.5. The CJMC shall have the following functions:

14.6.5.1. Oversee compliance of the Parties to their obligations under this Agreement;

14.6.5.2. Coordinate planning, monitoring and verification of the implementation of this Agreement;

14.6.5.3. Facilitate liaison between the Parties;

14.6.5.4. Coordinate monitoring and verification of disengagement, disarmament and redeployment of the forces as agreed upon in this Agreement;

14.6.5.5. Check on the conduct of the military forces;

14.6.5.6. Specification of current locations of troops as of the D Day;

14.6.5.7. Monitoring troop strength, stocks of arms, ammunitions and other war-related equipment;

14.6.5.8. Coordination and monitoring of pennitted military movement and itineraries thereof;

14.6.5.9. Receiving and verifying unresolved violations, disputes and complaints and rule on them;

14.6.5.10. Serving as a channel of communication between the Parties;

14.6.5.11. Inspection of replenishment of supplies to the forces;

14.6.5.12. Supervision of demining activities, decommissioning of unexploded ordnance and other form of military hazards;

14.6.5.13. Dissemination of infonnation about this Agreement;

14.6.5.14. help Parties in disarming and reintegrating armed groups;

14.6.5.15. monitor and verify the disarmament of all Sudanese civilians who are illegally armed;

14.6.5.16. be responsible for executing peace support operations in collaboration with VMT, JMC and CPMT, until the deployment of the UN monitors; after which the roles of the latter shall cease to exist;

14.6.6. Decisions reached by the CJMC shall be communicated down through the individual chains of command and reported up to the CPC.

14.6.7. Subject to the timing of different activities specified in the Agreement on Security Arrangements, the CJMC may readjust on practical considerations the timing of activities or obligations related to ceasefire including redeployment North and South of the 1956 North South border and activities referred to in sub-section 8.7 herein.

14.6.8. The CJMC shall compile necessary cartographical and mapping references which, once agreed to by the Parties, shall be used for the purposes of monitoring the implementation of this Agreement. However, such cartographical and mapping references shall have no bearing whatsoever on the subsequent delineation of the 11/1/1956 North/South border by the ad hoc border commission that the Parties will set up as part of the Agreement on Implementation Modalities.

14.6.9. The CJMC shall be entitled to move freely throughout the Ceasefire Zone.

14.7 Area Joint Military Committee (AJMC)

14.7.1 The AJMC that shall be established in Juba, Malakal, Wau, Kadugli, Abyei, Damazien or Kurmuk, and shall be composed as follows:

14.7.1.1 The most senior UN Officer in the Area, Chairperson;

14.7.1.2 Equal number of senior officers from SAF and SPLA;

14.7.1.3 UN monitors.

14.7.2 AJMC shall be established in Kassala or Hamashkoreb in Eastern Sudan to monitor and verify the redeployment of SPLA forces as provided in sub-section 4 (c)(v)(a) of Agreement on Security Arrangements;

14.7.3 The AJMC shall be charged with the following functions:

14.7.3.1 monitor and verify alleged violations and resolve disputes;

14.7.3.2 report periodically and refer unresolved complaints to CJMC;

14.7.3.3 Liaise and share information with the Security Committee in the designated area;

14.8 Joint Military Teams (JMTs)

14.8.1. JMTs shall be the lowest operating unit of the cease fire monitoring mechanism;

14.8.2. JMTs shall be established and designated by the AJMC at that level;

14.8.3. A JMT shall be composed of UN senior officer at that level, international monitors, equal number of officers from SAF and SPLA.

14.8.4. JMTs shall conduct regular patrols and visits throughout their respective areas to prevent violations, preserve the ceasefire, and assist in building confidence.

14.8.5. JMTs shall monitor, verify and report alleged violations to the appropriate AJMC.

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

2.11 The National Judiciary

2.11.1 The powers of the Judiciary shall be exercised by Courts and other tribunals. The Judiciary shall be independent of the Legislature and the Executive. Its independence shall be guaranteed in the Interim National Constitution.

2.11.2. There shall be established at the National Level:

2.11.2.1. A Constitutional Court;

2.11.2.2. A National Supreme Court;

2.11.2.3. National Courts of Appeal; and

2.11.2.4. Any other National Courts or tribunals as deemed necessary to be established by law.

2.11.3. The Constitutional Court

2.11.3.1 There shall be established-a Constitutional Court in accordance with the provisions of this Peace Agreement and the Interim National Constitution.

2. 11.3.2. The Constitutional Court shall:

(i) Be independent from the Judiciary and any other courts in the country. It shall-be headed by the President of the Constitutional Court, duly appointed by the President with the consent of the First Vice President, and shall be answerable to the Presidency;

(ii) Uphold the Interim National, Southern Sudan, and State Constitutions and its composition shall be representative;

(iii) Have original jurisdiction to decide disputes that arise under the National Interim Constitution and the constitutions of Northern States at the instance of individuals, juridical entities or of government;

(iv) Adjudicate on the constitutionality of laws and set aside or strike down laws or provisions of laws that do not comply with the National, Southern Sudan, or the relevant State constitutions;

(v) Have appellate jurisdiction on appeals against the decisions of Southern Sudan Supreme Court on the Constitution of Southern Sudan and the constitutions of Southern Sudan states;

(vi) Adjudicate on constitutional disputes between organs and levels of government, with respect to areas of exclusive or concurrent competencies;

(vii) Protect human rights and fundamental freedoms;

(viii) Have criminal jurisdiction over the President, the two (2) Vice Presidents of the two (2) Speakers of the National Legislature, and the Justices of the National and Southern Sudan Supreme Courts.

2. 11.3.3. Decisions of the Constitutional Court shall be final and binding.

2. 11.4. The National Supreme Court

2.11.4.1 The National Supreme Court shall:

(i) Be a court of review and cassation in respect of any criminal or civil matter arising out of or under national laws;

(ii) Have criminal jurisdiction over the Justices of the Constitutional Court;

(iii) Review death sentences imposed by any Court in respect to matters arising out of or under National Laws; and

(iv) Have such other jurisdiction as determined by the Interim National Constitution, the Peace Agreement, and law.

2. 11.4.2. The National Supreme Court may establish panels for the purposes of considering and deciding appeals on matters requiring special expertise including commercial, personal, or labour matters.

2. 11.4.3. The Justices of the Constitutional and National Supreme Courts and all the judges of other National Courts shall perform their functions without political interference; they shall be independent, and shall administer justice without fear or favour. The Interim National Constitution and the law shall’ protect their independence.

2. 11.4.4. Judges other than the Justices referred to in Section 2.11.4.6 herein shall be appointed by the Presidency on the recommendation of the National Judicial Service Commission.

2. 11.4.5. The National Judicial Service Commission shall be chaired by the Chief Justice. Amongst others, representatives of academia, judges, members of the legal profession, members of the National Legislature, and the Minister of Justice shall sit on this Commission. The National Judicial Service Commission shall be as determined in the Interim National Constitution referred to in paragraph 2.12 herein and shall reflect the need for appropriate representation, inclusiveness, and diversity.

2.11.4.6. (i) All Justices of the Constitutional Court shall be appointed by the Presidency on the recommendation of the National Judicial Service Commission, subject to approval by two-thirds ((2/3)) majority of all the members of the Council of States, having regard to competence, credibility and the need for fair representation.

(ii) All Justices of the National Supreme Court shall be appointed by the Presidency on the recommendation of the National Judicial Service Commission, having regard to competence and credibility.

Chapter VI: Security Arrangements (Signed at Naivasha, Kenya on 25th September 2003)

6. Common Military Doctrine

The parties shall develop a common military doctrine as a basis for the Joint Integrated Units, as well as a basis for a post Interim Period army of the Sudan, if the referendum vote is in favour of unity. The parties shall develop this common doctrine within one year from the beginning of the Interim Period. During the Interim Period, the training of the SPLA (in the South), the SAF (in the North) and the joint units (in both North and South) will be based on this common doctrine.

7. Status of Other Armed Groups (OAGs) in the Country

a. No armed group allied to either party shall be allowed to operate outside the two forces.

b. The Parties agree that those mentioned in 7(a) who have the desire and qualify shall be incorporated into the organized forces of either Party (Army, Police, Prisons and Wildlife forces), while the rest shall be reintegrated into the civil service and civil society institutions.

c. The parties agree to address the status of other armed groups in the country with the view of achieving comprehensive peace and stability in the country and to realize full inclusiveness in the transition process.

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

Part II: The Armed Forces

16. Military Mission and Mandate

16.1. Without prejudice to the provisions of sub-sections 1 (b) and 4.1 (b) of the Agreement on Security· Arrangements, the mission and mandate for Sudan Armed Forces (SAF), Sudan People’s Liberation Army (SPLA) and the Joint/Integrated Forces within their respective areas of deployment during the interim period shall clearly be specified within the first year of the interim period by the Joint Defence Board subject to the approval of the Presidency.

16.2. Without prejudice to sub-section 16.1 above, the Sudanese Armed Forces (SAF), the Sudan People’s Liberation Army (SPLA) and the Joint/Integrated Units (JIUs) shall be charged with the mission of defending the sovereignty and territorial integrity of the Sudan during the Interim Period.

16.3. The two Armed Forces and the JIUs shall be regular, professional, and nonpartisan armed forces. They shall respect the rule of law and civilian government, democracy, basic human rights, and the will of the people.

16.4. As per Article (1) (b) and (4) (b) (III) of the Agreement on Security Arrangements, the Armed Forces (SAF, SPLA and JIUs) shall undertake the responsibility of the defence of the country against threats in their areas of deployment pending appropriate decision from the JDB.

16.5. The involvement of the Armed Forces as defined in sub-section 16.4 above, in constitutionally specified emergencies, shall be determined in the Interim Constitution.

16.6. The Parties shall jointly develop a code of conduct for the members of all armed forces based on the common military doctrine that shall be developed as stipulated for in section 6 of the Agreement on Security Arrangements.

16.7. The elements of the code of conduct provided for in sub-section 16.6 above shall:

16.7.1. be informed by the provisions of sub-section 16.2 above;

16.7.2. make a clear distinction between the military functions from partisan political functions;

16.7.3. make repudiation that such forces can be used as agency of physical intimidation of the civilian population;

16.7.3. make a clear distinction between military mandate from the policing mandate during cease fire period;

16.7.4. make clear distinction between military mandate from the policing mandate during ceasefire period;

16.7.5. make clear that all members of armed forces shall not be involved in illicit activities that may affect the environment and natural resources.

17. The Joint Defence Board (JDB)

17.1. The JDB shall be composed and structured on parity basis and take its decisions by consensus. It shall be composed of the Chiefs of Staff of SAF and SPLA, their deputies and four senior officers from each Party.

17.2. The JDB shall exhibit a characteristic of well-functioning body capable of timely response to tasks and situation.

17.3. The JDB shall have a Technical Committee to be formed from four senior officers from both sides.

17.4. The Technical Committee shall undertake the duty of coordination between the two forces and resolve different problems that may ensue. It shall report regularly to the JDB in all ordinary and extraordinary sessions.

17.5. The two Commanders in Chief shall appoint the Commander and the deputy commander of the JIUs who shall be ex officio members of the JDB.

17.6. In the event of any external or internal threat, the JDB shall, subject to section 16.2 above, decide on how to address the situation. The JDB shall decide whether all forces, the JIUs or either force (SAF and SPLA) shall handle the threat alone or collectively. The JDB may also decide on the appropriate support and reinforcements that other forces shall lend to the forces facing direct threat and aggression. In a joint operation, JDB shall determine lead HQS for that operation.

17.7. The JDB shall be entrusted to work out a comprehensive framework for confidence building. Confidence building measures between the SAF and SPLA may include exchanging visits, organizing cultural and sport events, convening of joint training courses, and participating in national and religious celebrations and any other activities that shall help in building confidence.

17.8. The JDB shall form a committee to lay down the principles of the future Sudan National Armed Forces, should the result of the referendum on self determination confirm unity.

17.9. At the earliest opportunity, appointed representatives of SAF and SPLA will determine, taking into account point 17.1 of this Agreement, a staff structure in support of IDB command. They will calculate a budget and recommend how it is be resourced.

18. Redeployment

18.1. The line of redeployment of SAF and SPLA shall be South/North Border of 1/1/1956 as came in Article 3 (b), in the Agreement on Security Arrangements during the Interim Period signed on 25th September, 2003.

18.2. SAF commits to redeploy its forces as per Article 3 (b) of the Agreement on Security Arrangements to the North of South/North border of 1/1/1956 beginning from the Pre Interim Period according to the following steps:

a) Step I: Reduction by seventeen percent (17%) by D-day + 6 months;

b) Step II: Reduction by fourteen percent (14%) by D-day + 12 months;

c) Step III: Reduction by nineteen percent (19%) by D-day + 18 months;

d) Step IV: Reduction by twenty-two percent (22 %) by D-day + 24 months;

e) Step V: Complete redeployment of the remainder twenty-eight percent (28%) by D-day + 30 months.

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 forty 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 Kordofanl/Nuba Mountains within six months of the deployment of the JIUs in those areas.

18.6. Without prejudice to the Agreement on the Security Arrangements and the right of Sudan Armed Forces (SAF) Command to deploy forces all over North Sudan as it deems fit, SAF troop levels in Southern Kordofanl/Nuba Mountains and Blue Nile during the Interim Period shall be determined by the Presidency.

18.7. After the JlUs deployment in Abyei, all other forces shall be redeployed outside the area. However, the size JlUs Battalion in Abyei shall conform to JIUs organizational standards according to the Protocol between the Government of Sudan and the Sudan People’& Liberation Movement on the Resolution of the Conflict in Abyei Area of 26th May, 2004.

19. Optimal Size of the Armed Forces

After the Completion of SAF redeployment to the North the parties shall begin the negotiations on proportionate downsizing. Nonetheless, the parties shall allow voluntary demobilization, demobilization of non-essentials (child soldiers and elderly, disabled) during the first year of Interim Period.

20. The Status of Joint Integrated Units

20.1. There shall be formed Joint/Integrated Units (hereinafter referred to as JIUs) during the pre-interim and the interim period from the SAF and the SPLA. This shall form the nucleus of the future Sudanese National Armed Forces (SNAP) should the result of the referendum on the right of self-determination for the people of Southern Sudan confirm unity of the country.

20.2. If the result of the referendum is in favour of secession of the South from the North, the JIUs shall dissolve with each component reverting to its mother Armed Forces to pave the way for the formation of the separate Armed Forces for the emerging states.

20.3. Notwithstanding sub-Sections 20.10.1, 20.10.2, 20.10.3, 20.10.4, and 20.10.5, formation, training, tasking and deployment of JIUs formations and sub-formations shall be completed not later than D-day + 21 months.

20.4. At the initial stage of the formation of the JIUs, SAF component shall be liable to relief “after two years of deployment”. Nonetheless, they shall be locked-in by D-day + 33 months.

20.5. At the inception, the JIUs shall remain in their joint form. However, the process of full integration shall be completed by D-day + 52 months.

20.6. The JIUs as per Agreement on Security Arrangements shall fall under the command of the Joint Defence Board (JDB). Nevertheless, the two Commanders-in-Chief shall appoint the commander and deputy commander for the JIUs as the highest level who shall, by virtue of their positions, be members of the JDB. They shall oversee routine command matters of the JIUs in accordance to authority conferment by the JDB.

20.7. The JIUs command shall be exercised on parity basis between SAF and the SPLA officers with alternation of roles at the uppermost and other levels of command.

20.8. The JIUs personnel shall be treated equally. There shall be uniformity in welfare, salaries, emoluments nsions rights, supplies, armament, and equipment.

20.9. The Parties have further discussed the issue of establishing JIUs in Eastern Sudan and have decided to continue discussing the issue during the Interim Period and resolve it as they deem fit.

20.10 Training of the Joint Integrated Units

20.10.1. Both Armed Forces (SAF and SPLA) shall complete selection and organization of officers, Non-Commissioned Officers (NCOs) and men for the JIUs within three months from the beginning of the Pre-Interim Period.

20.10.2. Notwithstanding sub-section 20.3 above, the JIUs components from both Parties shall be formed within three months from the Pre-Interim Period and co-locate in their various training centres to be trained for not less than six months after which they shall be tasked and deployed.

20.1 0.3. There shall be developed as soon as practicable a joint doctrine, code of conduct, as well as disciplinary laws, regulations, and standing operating procedures to govern the nus general training policies, programmes, disciplinary scopes and behavioral patterns.

20.10.4. In view of special status of Khartoum and Juba, the JIUs Command shall allot tasks to the nus contingents that shall be deployed to these cities by the end of the Pre-Interim Period after completion of initial joint training session that shall not exceed three months. Nonetheless, the JIUs command shall organize further training sessions for these contingents in accordance to JIUs training policy and programmes.

20.10.5. The parties shall appeal to the international community to render additional technical, material and financial support to assist in forming and training the JIUs.

20.11. JIUs Command and Control

The JIUs Headquarters is under command of JDB and shall be located in Juba. The JIUs command shall perform among other things, the following duties and responsibilities:

20.11.1. Command of the JIUs formations and units;

20.11.2. Promotion of mutual cooperation between the JIUs, SAF and SPLA at all command levels;

20.11.3. Coordination of supply and replenishments plans with the JDB;

20.11.4. Implementation of the JDB plans, policies, programmes and directives pertaining to the JIUs;

20.11.5. Appointment and transfer of JIUs officers within the discretion of the JIUs command;

20.11.6. Create and promote confidence building measures;

20.11.7. Development and execution of training programmes fro the JIUs;

20.11.8. Coordination and the CPC;

20.11.9. Resolution of disputes that may arise within the JIUs jurisdiction.

20.12. The JIUs Commanders shall exercise the following authority/responsibility:

20.12.1. Command and control of JIUs in their respective areas of command;

20.12.2. Implementation of and compliance with the directives of the JIUs Higher Headquarters;

20.12.3. Implement confidence building policies of the higher headquarters as well as create and promote confidence building measures within their power as shall be desirable;

20.12.4. Development and execution of training programmes within their command jurisdiction;

20.12.5. Performance of any other duties that may be conferred upon them by the higher headquarters.

20.13. The JIUs Composition and Organization

20.13.1 Composition

20.13.1.1. The JIUs shall initially be formed from SAF and SPLA, out of their ground forces;

20.13.1.2. By D-Day + 12 months, SPLA nominated personnel shall commence training in the service arms of the Airforce, Navy and Air Defence, so as to make available SPLA contribution to the JIUs Service Arms which shall be established as per sub-section 20.13.1.3 below;

20.13.1.3. By D-Day+36 months, the first JIUs service arms unit shall be established, others shall follow according to the graduation of qualified SPLA JIUs personnel as determined by the JDB; further training may continue according to the needs as may be decided by the JDB;

20.13.1.4. SAF component of the JIUs service arms shall be nominated and assigned as soon as the SPLA component of JIUs service arms is trained and graduated;

20.13.1.5. JIUs Service Arms of the Airforce, Navy and Air Defence shall be part of the overall number of forces of the JIUs already agreed to by the Parties.

20.13.2 Organization

20.13.2.1. The higher JIUs formation shall be division (see organizational

structure attached as appendixure 3). Thus, there shall be formed five JIUs division and one independent brigade as follows:

a) 1st Infantry Division which shall have a total strength of 9000 officers, NCOs and men and shall be deployed in Equatoria area.

b) 2nd Infantry Division which shall have a total strength of 8000 officers, NCOs and men and shall be deployed in Upper Nile area.

c) 3rd Infantry Division which shall have a total strength of 7000 officers, NCOs and men and shall be deployed in Bahr el Ghazal area.

d) 4th Infantry Division (unlike the other divisions, both 4th and 5th Infantry divisions are under-strength divisions) which shall have a total strength of 6000 officers, NCOs and men and shall be deployed in southern Blue Nile.

f) 5th Infantry Division which shall have a total strength of 6000 officers, NCOs and men and shall be deployed in southern Kordofan/Nuba Mountains.

f) Independent Brigade which shall be deployed in Khartoum with the total strength of 3000 officers, NCOs and men.

20.13.2.2. There shall be formed a JIU Infantry Battalion (lnf. Bn.) for Abyei Area whose strength shall be in accordance with JIUs standards. It shall be deployed in Abyei area and attached to 3rd Infantry Division.

20.13.2.3. Infantry brigades, of not more than 3000 troops each, to compose of:

i. Brigade Command;

ii. Brigade HQ Company;

iii. Two to four infantry Battalions;

IV. Armored, artillery, engineering, transport, signal and medical corps.

20.13.2.4. The infantry battalion shall compose of:

1. Battalion Command;

ii. Battalion HQ Company;

111. Two to four infantry companies;

iv. Support Company.

20.13.2.5. JIUs battalion shall be formed of two SAF companies and two SPLA companies, whereas the HQs Company and the support company shall be mixed. The size of the forces in each locality shall not exceed one infantry battalion.

20.14 JIUs Detailed Deployment

20.14.1. First nus Infantry Division – Equatoria

a) Division Headquarters: Juba town.

b) Juba Brigade Headquarters: Juba town.

c) Subunits deployment: Around Juba town.

d) Torit Brigade Headquarter (+) Inf Bn: Torit town.

e) Subunit Deployment: Kapoeta, Yei, and Jabor.

f) Maridi BrigadeHeadquarters (+) Inf Bn: Maridi town.

g) Subunits deployment: Mondari, Yambio, Tombara.

20.14.2. Second Infantry Division – Upper Nile

a) Division Headquarters: Malakal town.

b) Malakal Brigade Headquarters (+) two Inf Bns: Malakal town.

c) Subunits deployment: Nasir, Bounj and Malut.

d) Bentiu Brigade headquarters (+) Inf Bn: Bentiu town.

e) Subunits deployment: Pariang, and Bor.

20.14.3. Third Infantry Division – Bahr el Ghazal

a) Division Headquarters: Wau town.

b) Wau Brigade headquarters (+) two InfBns: Wau town.

c) Subunits deployment: Tonj, Rumbek, and Shambe

d) Aweil Brigade headquarters (+) two Inf Bns: Aweil town.

e) Subunits deployment: Raja, Gogrial.

f) Abyei Area Independent Battalion attached.

20.14.4. Fourth Infantry Division – Southern Blue Nile

a) Division Headquarters: Dindiro town.

b) Dindiro Brigade headquarters (+) Bde Hqs (+) one Inf Bn: Dindiro.

c) Subunits deployment: Kurmuk, Geizan, Ulu.

d) Takamul Brigade headquarters (+) one Inf Bn: Takamol.

e) Subunits deployment: Damazin, Umdarfa’a, Menza.

20.14.5. Fifth Infantry Division – Nuba MOlJlltains

a) Division headquarters (+) one Inf Bn: Kadogli town.

b) Kadugli Brigade headquarters: Heiban.

c) Subunits deployment: Heiban, EI Buram, Talodi.

d) Deleng Brigade headquarters (+) one Inf Bn: Deleng town.

e) Subunits deployment: Jebel Eried, Julurl;, Urn Sirdibba.

20.14.6. Khartoum Independent Brigade

There shall be one JIUs Brigade in Khartoum that shall be deployed with the Republican Guard in Soba. The VIP Protection Force is located according to the Presidential Unit, and Capital Security Force in Jebel Awaliaa.

20.14.7. The Parties agree that the JIU s shall protect the oilfields as provided in sub-section 20.14.2 and the oil installations shall be demilitarized. In case of any threat to the oil installations, the JDB shall decide on the appropriate and necessary measures.

21. Funding of the Armed Forces

21.1. During the Interim Period, SAF forces and JIUs shall be funded by the National Government, whereas the SPLA forces shall be funded by the Government of Southern Sudan, subject to the principle of proportional downsizing as per Security Arrangements Protocol and the approval of Southern Sudan Legislature. To meet this obligation, the Government of Southern Sudan shall raise financial resources from both local and foreign sources and seek international assistance. These financial resources shall be channeled through the Bank of Southern Sudan and managed according to the principles of Wealth Sharing Protocol.

21.2. The elected National Legislature during the Interim Period shall review and finally resolve the issue of the funding of the Sudan National Armed Forces (SNAF) so as to make unity of the Sudan an attractive choice in the referendum on self-determination by the people of Southern Sudan, and to create sound basis for the formation of the future army of the Sudan that shall be composed from the Sudanese Armed Forces (SAF) and the Sudan People’s Liberation Army (SPLA) and the JIUs, should the result of referendum on self-determination confirm unity.

22. Policing Issues and Domestic Security

22.1. In order to facilitate the removal and withdrawal of the military and paramilitary forces from areas where they were previously located and in order to return societal order and harmony, in accordance with the law, in compliance with national and international acceptable standards and with accountability to the Courts and civil Administration, the police at the appropriate level during the ceasefire shall:

22.1.1. Maintain law and public order;

22.1.2. Ensure safety and security of all people and their property;

22.1.3. Prevent and detect crimes.

22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;

22.1.5. Provide national service ( such as nationality, civil registry, identity documents (IDs), passports etc.) and other police services and make them available to all citizens in their locations;

22.1.6. Protect VIPs in collaboration with other security agencies;

22.1.7. Preserve natural resources;

22.1.8. Combat illicit trafficking in narcotics, drugs and illegal trade in fireanns and other organized and trans boundary crimes in the area;

22.1.9. Control illegal presence and movement of aliens in the area;

22.1.10. Collect data and information on criminal matters that threaten implementation of the peace agreement in the area.

22.1.11. Remove the need for the deployment of military and para-military forces in villages, communities and city streets;

22.1.12. Combat corruption at all levels of government and civil society; and

22.2. In order to strengthen the effective implementation of this Agreement, the National Police may assist, as required, other police at all levels to establish and promote police service at that level;

22.3. The police shall cooperate and participate in the entire process of ceasefire implementation;

22.4. The Parties agree that the police in the territorial jurisdiction of the ceasefire shall assume their normal functions and activities, particularly in the areas where military and para-military forces had previously assumed their functions;

22.5. The Parties call upon the international community to assist in the areas of training, establishment and capacity building of police and other law enforcement agencies for the sustenance of peace and rule of law;

22.6. The Parties recognize the need for cooperation and coordination mechanism between the national police and other law enforcement agencies at all levels with regards to the implementation of this Agreement.

CHAPTER VI: SECURITY ARRANGEMENTS

8. National Security Organs and Police forces Structures and arrangements affecting all law enforcement organs, especially the Police, and National Security Organs shall be dealt with as part of the power sharing arrangements, and tied where is necessary to the appropriate level of the executive.

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

Part II: The Armed Forces

22. Policing Issues and Domestic Security

22.1. In order to facilitate the removal and withdrawal of the military and paramilitary forces from areas where they were previously located and in order to return societal order and harmony, in accordance with the law, in compliance with national and international acceptable standards and with accountability to the Courts and civil Administration, the police at the appropriate level during the ceasefire shall:

22.1.1. Maintain law and public order;

22.1.2. Ensure safety and security of all people and their property;

22.1.3. Prevent and detect crimes.

22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;

22.1.5. Provide national service ( such as nationality, civil registry, identity documents (IDs), passports etc.) and other police services and make them available to all citizens in their locations;

22.1.6. Protect VIPs in collaboration with other security agencies;

22.1.7. Preserve natural resources;

22.1.8. Combat illicit trafficking in narcotics, drugs and illegal trade in fireanns and other organized and trans boundary crimes in the area;

22.1.9. Control illegal presence and movement of aliens in the area;

22.1.10. Collect data and information on criminal matters that threaten implementation of the peace agreement in the area.

22.1.11. Remove the need for the deployment of military and para-military forces in villages, communities and city streets;

22.1.12. Combat corruption at all levels of government and civil society; and

22.2. In order to strengthen the effective implementation of this Agreement, the National Police may assist, as required, other police at all levels to establish and promote police service at that level;

22.3. The police shall cooperate and participate in the entire process of ceasefire implementation;

22.4. The Parties agree that the police in the territorial jurisdiction of the ceasefire shall assume their normal functions and activities, particularly in the areas where military and para-military forces had previously assumed their functions;

22.5. The Parties call upon the international community to assist in the areas of training, establishment and capacity building of police and other law enforcement agencies for the sustenance of peace and rule of law;

22.6. The Parties recognize the need for cooperation and coordination mechanism between the national police and other law enforcement agencies at all levels with regards to the implementation of this Agreement.

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

Part III: Demobilization, Disarmament, Re-Integration and Reconciliation

23. Objectives

23.1 The overarching objective of the DDR process is to contribute to creating an enabling environment to human security and to support post-peace-agreement social stabilization across the Sudan, particularly war affected areas.

23.2 The DDR programme shall take place within a comprehensive process of national reconciliation and healing throughout the country as part of the peace and confidence building measures.

24. Guiding Principles

24.1 In implementing the DDR programme the Parties agree that the implementing organs shall be guided by the following common principles:

24.2. The national ownership of the process and that the capabilities of the National Institutions shall be built to effectively lead the overall DDR process; for this purpose efficient planning, implementation and supervisory institutions shall be established to operate as soon as possible.

24.3. That the DDR process in the Sudan shall be led by recognized state institutions and international partners shall only play a supportive role to these institutions. The process shall be sustained through cooperation and coordination with local NGOs and active support from the international community by facilitating and extending material and technical assistance throughout the entire DDR process and the transition from war to peace.

24.4. That no DDR planning, management or implementation activity shall take place outside the framework of the recognized interim and permanent DDR institutions referred to in paragraphs 25.1 and 25.2. here under.

24.5. Fairness, transparency, equitability and consistency for determining the eligibility of ex-combatants targeted for assistance.

24.6. Ex-combatants shall be treated equitably irrespective of their previous military affiliations; as well, they shall be empowered by provision of training and information to voluntarily choose their path to reintegration. The reintegration process shall be community based and equally benefits returnees and local communities.

24.7. That the DDR is mostly a civilian process although the military input is vital. While disarmament and demobilization are mainly military, the civilian efforts in reintegration are paramount, particularly with reference to decisions of methodology and organization. The military will have input but the decisions and implementation of ‘such programmes are the responsibility of the relevant institutions created for this purpose.

24.8. The DDR programme shall be, gender sensitive and shall encourage the participation of the communities and the civil society organizations with the view’ to strengthening their capacities to play their role in improving and sustaining the social and economic reintegration of former combatants.

24.9. The demobilization of all child soldiers within six months of the signature of the Comprehensive Peace Agreement.

24.10. The identification and registration within six months from the signature of the Comprehensive Peace Agreement of all children separated from their families for family tracing and ultimate reunification;

24.11. UNICEF, JCRC and other international organizations are called upon to assist in the child component of the DDR in the Sudan;

24.12. That adequate financial and logistical support shall be mobilized by the international community including governments, governmental agencies, humanitarian organizations and non-governmental organizations (NGOs).

24.13. The observance of a high level of transparency and accountability with respect to the DDR programmes financial management.

24.14. The maintenance of an appropriate and optimal degree of flexibility to respond to the emerging needs on the ground in a timely manner.

25. DDR Institutions

25.1. To realize the best objective of the DDR process in the entire country, and to avoid any possibilities of relapsing into war, the Parties state their dedication to undertake timely steps to establish the following institutions to plan, manage and implement the DDR programmes:

25.1.1. The National DDR Coordination Council (NDDRCC), with the prime responsibility of policy formulation, oversight, review, coordination and evaluation of the progress of the Northern and Southern Sudan DDR commissions referred to in 25.1.2 hereunder. The NDDRCC shall be appointed by and accountable to the Presidency.

25.1.2. The Northern’ Sudan DDR Commission (NDDRC) and the Southern Sudan DDR Commission (SDDRC) shall be mandated to design, implement and manage the DDR process at the northern and southern sub-national levels respectively.

25.1.3. The State DDR commissions shall be entrusted with the responsibility of implementation of the programmes at the state and local levels.

25.2. Until the aforementioned institutions are established the Parties agree to put in place Interim DDR bodies to:

25.2.1. Act as bases for the future Sub-National DDR institutions established in 25.1 above.

25.2.2. Coordinate and prepare detailed DDR proposals.

25.2.3. Commence technical discussion with international donors and agencies regarding partnership and funding requirements and modalities for the DDR implementation programmes.

25.2.4. Coordinate with the UN-DPKO mission on issues pertaining to DDR.

25.2.5. Prepare draft operational proposals for DDR programmes.

25.2.6. Prepare to establish formal DDR capacity building and facilitate training in DDR through seminars, workshops and study tours.

25.2.7. Coordinate joint DDR preparatory activities.

25.2.8. Prepare in collaboration with the international actors data collection, including socio-economic surveys in the areas where the DDR programmes will be implemented and undertake needs assessment to provide data on target groups.

26. Previous Contractual Obligations

Recognizing that both Parties have existing contractual arrangements with international organizations and agencies related to DDR, the Parties agree:

26.1. To commence a process of negotiations with these agencies and organizations to close down and transfer current DDR-related activities to the incoming DDR institutions.

26.2. That the interim DDR bodies shall undertake the task of leading and concluding these negotiations, and shoulder the operational responsibility of the activities thereafter.

27. Humanitarian and General Provisions

27.1. Upon signature of the Comprehensive Peace Agreement, the Parties shall:

27.1.1. exchange information on Missing in Action and shall trace them to their best efforts;

27.1.2. agree to lifting the state of emergency in the Sudan except in areas where conditions do not permit;

27.2. The Parties agree that the issue of the release of all civil political detainees as part of the confidence building measures, national healing and reconciliation process shall be discussed on and dealt with within the discussions on the implementation modalities.

27.3. Humanitarian law and civil and political rights shall be closely observed.

27.4. Collateral, secondaiy agreements and legislation shall not contradict this Agreement and shall be equally binding on the Parties.

27.5. The Parties shall call upon the governments at all levels, civil societal organizations, political forces, national NGOs and international community to assist and facilitate the reconciliation process at grass root levels.

(Note: for detailed timeline see CPA)

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

Part III: Demobilization, Disarmament, Re-Integration and Reconciliation

23. Objectives

23.1 The overarching objective of the DDR process is to contribute to creating an enabling environment to human security and to support post-peace-agreement social stabilization across the Sudan, particularly war affected areas.

23.2 The DDR programme shall take place within a comprehensive process of national reconciliation and healing throughout the country as part of the peace and confidence building measures.

24. Guiding Principles

24.1 In implementing the DDR programme the Parties agree that the implementing organs shall be guided by the following common principles:

24.2. The national ownership of the process and that the capabilities of the National Institutions shall be built to effectively lead the overall DDR process; for this purpose efficient planning, implementation and supervisory institutions shall be established to operate as soon as possible.

24.3. That the DDR process in the Sudan shall be led by recognized state institutions and international partners shall only play a supportive role to these institutions. The process shall be sustained through cooperation and coordination with local NGOs and active support from the international community by facilitating and extending material and technical assistance throughout the entire DDR process and the transition from war to peace.

24.4. That no DDR planning, management or implementation activity shall take place outside the framework of the recognized interim and permanent DDR institutions referred to in paragraphs 25.1 and 25.2. here under.

24.5. Fairness, transparency, equitability and consistency for determining the eligibility of ex-combatants targeted for assistance.

24.6. Ex-combatants shall be treated equitably irrespective of their previous military affiliations; as well, they shall be empowered by provision of training and information to voluntarily choose their path to reintegration. The reintegration process shall be community based and equally benefits returnees and local communities.

24.7. That the DDR is mostly a civilian process although the military input is vital. While disarmament and demobilization are mainly military, the civilian efforts in reintegration are paramount, particularly with reference to decisions of methodology and organization. The military will have input but the decisions and implementation of ‘such programmes are the responsibility of the relevant institutions created for this purpose.

24.8. The DDR programme shall be, gender sensitive and shall encourage the participation of the communities and the civil society organizations with the view’ to strengthening their capacities to play their role in improving and sustaining the social and economic reintegration of former combatants.

24.9. The demobilization of all child soldiers within six months of the signature of the Comprehensive Peace Agreement.

24.10. The identification and registration within six months from the signature of the

Comprehensive Peace Agreement of all children separated from their families for family tracing and ultimate reunification;

24.11. UNICEF, JCRC and other international organizations are called upon to assist in the child component of the DDR in the Sudan;

24.12. That adequate financial and logistical support shall be mobilized by the international community including governments, governmental agencies, humanitarian organizations and non-governmental organizations (NGOs).

24.13. The observance of a high level of transparency and accountability with respect to the DDR programmes financial management.

24.14. The maintenance of an appropriate and optimal degree of flexibility to respond to the emerging needs on the ground in a timely manner.

25. DDR Institutions

25.1. To realize the best objective of the DDR process in the entire country, and to avoid any possibilities of relapsing into war, the Parties state their dedication to undertake timely steps to establish the following institutions to plan, manage and implement the DDR programmes:

25.1.1. The National DDR Coordination Council (NDDRCC), with the prime responsibility of policy formulation, oversight, review, coordination and evaluation of the progress of the Northern and Southern Sudan DDR commissions referred to in 25.1.2 hereunder. The NDDRCC shall be appointed by and accountable to the Presidency.

25.1.2. The Northern’ Sudan DDR Commission (NDDRC) and the Southern Sudan DDR Commission (SDDRC) shall be mandated to design, implement and manage the DDR process at the northern and southern sub-national levels respectively.

25.1.3. The State DDR commissions shall be entrusted with the responsibility of implementation of the programmes at the state and local levels.

25.2. Until the aforementioned institutions are established the Parties agree to put in place Interim DDR bodies to:

25.2.1. Act as bases for the future Sub-National DDR institutions established in 25.1 above.

25.2.2. Coordinate and prepare detailed DDR proposals.

25.2.3. Commence technical discussion with international donors and agencies regarding partnership and funding requirements and modalities for the DDR implementation programmes.

25.2.4. Coordinate with the UN-DPKO mission on issues pertaining to DDR.

25.2.5. Prepare draft operational proposals for DDR programmes.

25.2.6. Prepare to establish formal DDR capacity building and facilitate training in DDR through seminars, workshops and study tours.

25.2.7. Coordinate joint DDR preparatory activities.

25.2.8. Prepare in collaboration with the international actors data collection, including socio-economic surveys in the areas where the DDR programmes will be implemented and undertake needs assessment to provide data on target groups.

26. Previous Contractual Obligations

Recognizing that both Parties have existing contractual arrangements with international organizations and agencies related to DDR, the Parties agree:

26.1. To commence a process of negotiations with these agencies and organizations to close down and transfer current DDR-related activities to the incoming DDR institutions.

26.2. That the interim DDR bodies shall undertake the task of leading and concluding these negotiations, and shoulder the operational responsibility of the activities thereafter.

27. Humanitarian and General Provisions

27.1. Upon signature of the Comprehensive Peace Agreement, the Parties shall:

27.1.1. exchange information on Missing in Action and shall trace them to their best efforts;

27.1.2. agree to lifting the state of emergency in the Sudan except in areas where conditions do not permit;

27.2. The Parties agree that the issue of the release of all civil political detainees as part of the confidence building measures, national healing and reconciliation process shall be discussed on and dealt with within the discussions on the implementation modalities.

27.3. Humanitarian law and civil and political rights shall be closely observed.

27.4. Collateral, secondaiy agreements and legislation shall not contradict this Agreement and shall be equally binding on the Parties.

27.5. The Parties shall call upon the governments at all levels, civil societal organizations, political forces, national NGOs and international community to assist and facilitate the reconciliation process at grass root levels.

(Note: for detailed timeline see CPA)

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

Part III: Demobilization, Disarmament, Re-Integration and Reconciliation

23. Objectives

23.1 The overarching objective of the DDR process is to contribute to creating an enabling environment to human security and to support post-peace-agreement social stabilization across the Sudan, particularly war affected areas.

23.2 The DDR programme shall take place within a comprehensive process of national reconciliation and healing throughout the country as part of the peace and confidence building measures.

24. Guiding Principles

24.1 In implementing the DDR programme the Parties agree that the implementing organs shall be guided by the following common principles:

24.2. The national ownership of the process and that the capabilities of the National Institutions shall be built to effectively lead the overall DDR process; for this purpose efficient planning, implementation and supervisory institutions shall be established to operate as soon as possible.

24.3. That the DDR process in the Sudan shall be led by recognized state institutions and international partners shall only play a supportive role to these institutions. The process shall be sustained through cooperation and coordination with local NGOs and active support from the international community by facilitating and extending material and technical assistance throughout the entire DDR process and the transition from war to peace.

24.4. That no DDR planning, management or implementation activity shall take place outside the framework of the recognized interim and permanent DDR institutions referred to in paragraphs 25.1 and 25.2. here under.

24.5. Fairness, transparency, equitability and consistency for determining the eligibility of ex-combatants targeted for assistance.

24.6. Ex-combatants shall be treated equitably irrespective of their previous military affiliations; as well, they shall be empowered by provision of training and information to voluntarily choose their path to reintegration. The reintegration process shall be community based and equally benefits returnees and local communities.

24.7. That the DDR is mostly a civilian process although the military input is vital. While disarmament and demobilization are mainly military, the civilian efforts in reintegration are paramount, particularly with reference to decisions of methodology and organization. The military will have input but the decisions and implementation of ‘such programmes are the responsibility of the relevant institutions created for this purpose.

24.8. The DDR programme shall be, gender sensitive and shall encourage the participation of the communities and the civil society organizations with the view’ to strengthening their capacities to play their role in improving and sustaining the social and economic reintegration of former combatants.

24.9. The demobilization of all child soldiers within six months of the signature of the Comprehensive Peace Agreement.

24.10. The identification and registration within six months from the signature of the Comprehensive Peace Agreement of all children separated from their families for family tracing and ultimate reunification;

24.11. UNICEF, JCRC and other international organizations are called upon to assist in the child component of the DDR in the Sudan;

24.12. That adequate financial and logistical support shall be mobilized by the international community including governments, governmental agencies, humanitarian organizations and non-governmental organizations (NGOs).

24.13. The observance of a high level of transparency and accountability with respect to the DDR programmes financial management.

24.14. The maintenance of an appropriate and optimal degree of flexibility to respond to the emerging needs on the ground in a timely manner.

25. DDR Institutions

25.1. To realize the best objective of the DDR process in the entire country, and to avoid any possibilities of relapsing into war, the Parties state their dedication to undertake timely steps to establish the following institutions to plan, manage and implement the DDR programmes:

25.1.1. The National DDR Coordination Council (NDDRCC), with the prime responsibility of policy formulation, oversight, review, coordination and evaluation of the progress of the Northern and Southern Sudan DDR commissions referred to in 25.1.2 hereunder. The NDDRCC shall be appointed by and accountable to the Presidency.

25.1.2. The Northern’ Sudan DDR Commission (NDDRC) and the Southern Sudan DDR Commission (SDDRC) shall be mandated to design, implement and manage the DDR process at the northern and southern sub-national levels respectively.

25.1.3. The State DDR commissions shall be entrusted with the responsibility of implementation of the programmes at the state and local levels.

25.2. Until the aforementioned institutions are established the Parties agree to put in place Interim DDR bodies to:

25.2.1. Act as bases for the future Sub-National DDR institutions established in 25.1 above.

25.2.2. Coordinate and prepare detailed DDR proposals.

25.2.3. Commence technical discussion with international donors and agencies regarding partnership and funding requirements and modalities for the DDR implementation programmes.

25.2.4. Coordinate with the UN-DPKO mission on issues pertaining to DDR.

25.2.5. Prepare draft operational proposals for DDR programmes.

25.2.6. Prepare to establish formal DDR capacity building and facilitate training in DDR through seminars, workshops and study tours.

25.2.7. Coordinate joint DDR preparatory activities.

25.2.8. Prepare in collaboration with the international actors data collection, including socio-economic surveys in the areas where the DDR programmes will be implemented and undertake needs assessment to provide data on target groups.

26. Previous Contractual Obligations

Recognizing that both Parties have existing contractual arrangements with international organizations and agencies related to DDR, the Parties agree:

26.1. To commence a process of negotiations with these agencies and organizations to close down and transfer current DDR-related activities to the incoming DDR institutions.

26.2. That the interim DDR bodies shall undertake the task of leading and concluding these negotiations, and shoulder the operational responsibility of the activities thereafter.

27. Humanitarian and General Provisions

27.1. Upon signature of the Comprehensive Peace Agreement, the Parties shall:

27.1.1. exchange information on Missing in Action and shall trace them to their best efforts;

27.1.2. agree to lifting the state of emergency in the Sudan except in areas where conditions do not permit;

27.2. The Parties agree that the issue of the release of all civil political detainees as part of the confidence building measures, national healing and reconciliation process shall be discussed on and dealt with within the discussions on the implementation modalities.

27.3. Humanitarian law and civil and political rights shall be closely observed.

27.4. Collateral, secondary agreements and legislation shall not contradict this Agreement and shall be equally binding on the Parties.

27.5. The Parties shall call upon the governments at all levels, civil societal organizations, political forces, national NGOs and international community to assist and facilitate the reconciliation process at grass root levels.

(Note: for detailed timeline see CPA)

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

Part I: The Ceasefire Arrangements

1.8. The Parties shall commit themselves to immediate release of prisoners of war (POWs) and as a gesture of national reconciliation release any other persons detained as a result of the war upon the endorsement of the Comprehensive Peace Agreement;

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

Part II: The Armed Forces

22. Policing Issues and Domestic Security

22.1. In order to facilitate the removal and withdrawal of the military and paramilitary forces from areas where they were previously located and in order to return societal order and harmony, in accordance with the law, in compliance with national and international acceptable standards and with accountability to the Courts and civil Administration, the police at the appropriate level during the ceasefire shall:

22.1.1. Maintain law and public order;

22.1.2. Ensure safety and security of all people and their property;

22.1.3. Prevent and detect crimes.

22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;

22.1.5. Provide national service ( such as nationality, civil registry, identity documents (IDs), passports etc.) and other police services and make them available to all citizens in their locations;

22.1.6. Protect VIPs in collaboration with other security agencies;

22.1.7. Preserve natural resources;

22.1.8. Combat illicit trafficking in narcotics, drugs and illegal trade in fireanns and other organized and trans boundary crimes in the area;

22.1.9. Control illegal presence and movement of aliens in the area;

22.1.10. Collect data and information on criminal matters that threaten implementation of the peace agreement in the area.

22.1.11. Remove the need for the deployment of military and para-military forces in villages, communities and city streets;

22.1.12. Combat corruption at all levels of government and civil society.

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

1.6 Human Rights and Fundamental Freedoms:

1.6.1 The Republic of the Sudan, including all levels of Government throughout the country, shall comply fully with its obligations under the international human rights treaties to which it is or becomes a party. These include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Slavery Convention of 1926, as amended, and the related Supplementary Convention, the International Convention on the Suppression and Punishment of the Crime of Apartheid, the International Convention Against Apartheid in Sports, the Convention Relating to the Status of Refugees and the Related Protocol, and the African Charter on Human and People’s Rights. The Republic of the Sudan should endeavor to ratify other human rights treaties which it has signed.

1.6.2. The rights and freedoms to be enjoyed under Sudanese law, in accordance with the provisions of the treaties referred to above, include in particular the following:­

1.6.2.1 Life

Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his/her life;

1.6.2.2 Personal Liberty

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his/her liberty except on such grounds and in accordance with such procedures as are established by law;

1.6.2.3 Slavery

No one shall be held in slavery; slavery and the slave trade in all their forms shall be prohibited. No one shall be held in servitude or be required to perform forced or compulsory labour;

1.6.2.4 Torture

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment;

1.6.2.5 Fair Trial

(a) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest and shall be promptly informed of any charges against him/her;

(b) In the determination of any criminal charges against him/her, or of his/her rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law;

(c) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law;

(d) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed;

(e) In the determination of any criminal charge against him/her, everyone shall be entitled, in full equality, to be tried without undue delay, to be tried in his/her presence and to defend himself/herself in person or through legal assistance of his/her own choosing and to have legal assistance assigned to him/her in any case where the interests of justice so require.

1.6.2.6 Privacy

No one shall be subjected to arbitrary or unlawful interference with his/her privacy, family, home or correspondence;

1.6.2.7 Freedom of Thought, Conscience and Religion

Everyone shall have the right to freedom of thought, conscience and religion;

1.6.2.8 Freedom of Expression

Everyone shall have the right to freedom of expression;

1.6.2.9 Freedom of Assembly and Association

The right of peaceful assembly shall be recognized. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his/her interests;

1.6.2.10 Family and Marriage

(a) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State;

(b) The right of men and women of marriageable age to marry and to found a family shall be recognized, according to their respective family laws.

1.6.2.11 Right to Vote

Every citizen shall have the right and the opportunity, without distinctions and unreasonable restrictions, to vote and to be elected at genuine periodic elections, which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

1.6.2.12 Equality Before the Law

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law;

1.6.2.13 Freedom from Discrimination

The law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;

1.6.2.14 Freedom of Movement

Everyone has the right to liberty of movement and freedom to choose his/her residence;

1.6.2.15 The Rights of Children

Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his/her status as a minor.;

1.6.2.16 Equal Rights of Men and Women

(a) The equal right of men and women to the enjoyment of all civil and political rights set forth in the International Covenant on Civil and Political Rights and all economic, social, and cultural rights set forth in the International Covenant on Economic, Social and Cultural Rights shall be ensured;

(b) The human rights and fundamental freedoms embodied in the International Covenant on Civil and Political Rights (ICCPR) shall also be reflected in the Interim National Constitution. No derogation from these rights and freedoms shall be made under the Constitution or under the ICCPR except in accordance with the provisions thereof and only with the approval of the Presidency and the National Legislature, as required by Section 2.3.14 herein;

(c) These human rights and fundamental freedoms shall be monitored by the Human Rights Commission specified in paragraph 2.10.1.2 herein.

2.10 Other Independent and/or National Institutions to be Established in

Accordance with the Peace Agreement:

2.10.1 The National Constitutional Review Commission, as detailed in Section 2.12 herein, shall also detail the mandate and provide for the appointment and other mechanisms to ensure the independence of the following institutions:-

2.10.1.2 A Human Rights Commission;

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

PART I: The Ceasefire Arrangements

1. General and Fundamental Provisions

1.10. The Parties shall commit themselves to render and facilitate humanitarian assistance through creation of conditions conducive to the provision of urgent humanitarian assistance to displaced persons, refugees and other affected persons and their right to return;

22. Policing Issues and Domestic Security

22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;

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

PART I: The Ceasefire Arrangements

1. General and Fundamental Provisions

1.10. The Parties shall commit themselves to render and facilitate humanitarian assistance through creation of conditions conducive to the provision of urgent humanitarian assistance to displaced persons, refugees and other affected persons and their right to return;

8.6. To safeguard against the menace and hazards posed by landmines and unexploded ordnance, the Parties agree that:

8.6.4. The Parties shall conduct de-mining activities as soon as possible, and in coordination with the UN Peace Support Mission with a view to create the conditions necessary for deployment of the UN Peace Support Mission and the return of displaced populations;

22. Policing Issues and Domestic Security

22.1.4. Assist returning refugees, the displaced and other returnees to start a normal, stable and safe life in their respective communities;

Chapter I: The Machakos Protocol (Signed at Machakos, Kenya on 20th July, 2002)

Part A: Agreed Principles

1.3 That the people of South Sudan have the right to self-determination, inter alia, through a referendum to determine their future status.

The Right to Self-Determination for the People of South Sudan

1.3 That the people of South Sudan have the right to self-determination, inter alia, through a referendum to determine their future status.

2.5 At the end of the six (6) year Interim Period there shall be an internationally monitored referendum, organized jointly by the GoS and the SPLM/A, for the people of South Sudan to: confirm the unity of the Sudan by voting to adopt the system of government established under the Peace Agreement; or to vote for secession.

CHAPTER IV: The Resolution of The Abyei Conflict

1.3 End of Interim Period

Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot. The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:

a. That Abyei retain its special administrative status in the north;

b. That Abyei be part of Bahr el Ghazal.

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

1.6.2.16 Equal Rights of Men and Women

(a) The equal right of men and women to the enjoyment of all civil and political rights set forth in the International Covenant on Civil and Political Rights and all economic, social, and cultural rights set forth in the International Covenant on Economic, Social and Cultural Rights shall be ensured;

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

1.6.2.15 The Rights of Children

Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his/her status as a minor.

Chapter II: Power Sharing (Signed at Naivasha, Kenya on 26TH MAY, 2004)

2.5. The Government of National Unity

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.

2.6 Civil Service:

2.6.1.6 Additional educational opportunities shall be created for war- affected people.

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

2.8 Language

2.8.1 All the indigenous languages are national languages which shall be respected, developed and promoted.

2.8.2 Arabic language is widely spoken national language in the Sudan.

2.8.3 Arabic, as a major language at the national level, and English shall be the official working languages of the National Government business and languages of instruction for higher education.

2.8.4 In addition to Arabic and English, the legislature of any sub-national level of government may adopt any other national language(s) as additional official working language(s) at its level.

2.8.5 The use of either language at any level of government or education shall not be discriminated against.

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

2.4.5 Without prejudice to the competency of any National Institution to promulgate laws, judges and law enforcement agents shall, in dispensing justice and enforcing current laws in the National Capital be guided by the following:

2.4.5.2 Behavior based on cultural practices and traditions which does not disturb public order, is not disdainful of other traditions, and not in flagrant disregard of the law or’ disturbing public order shall be deemed in the eyes of the law as an exercise of personal freedoms.

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

10. Violations

10.4. Without prejudice to the freedom of press and media, the Parties agree to set up a Joint Media Committee upon signing of the Comprehensive Peace Agreement to establish guidelines for the media and press to enhance conducive environment for the smooth implementation of the ceasefire.

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

2.4.6 A special commission shall be appointed by the Presidency to ensure that the rights of non-Muslims are protected in accordance with the aforementioned guidelines and not adversely affected by the application of Sharia Law in the Capital. The said commission shall make its observations and recommendations to the Presidency.

Chapter V: The Resolution of the Conflict in Southern Kordofan And Blue Nile States (Signed At Naivasha, Kenya On 26th May 2004)

9. State Land Commission

9.1. The regulation of the land tenure, usage and exercise of rights in land shall be a concurrent competency exercised by the National and State Governments.

9.2. Rights in land owned by the National, Government within the State shall be exercised through the appropriate or designated level of government.

9.3. There shall be established a State Land Commission in the State of Southern Kordofan/Nuba Mountains and Blue Nile, respectively.

9.4. The State Land Commission shall be composed of persons from the State concerned.

9.5. The State Land Commission shall exercise all the powers of the National Land Commission at the State level.

9.6. The State Land Commission shall be competent to review existing land leases and contracts and examine the criteria for the present land allocations and recommend to the State authority the introduction of such necessary changes, including restitution of land rights or compensation.

9.7. The National Land Commission and the State Land Commission shall cooperate and coordinate their activities so as to use their resources efficiently. Without limiting the matters of coordination, the National Land Commission and the State Land Commission may agree as follows:-

9.7.1. To exchange information and decisions of each Commission;

9.7.2. That certain functions of the National Land Commission, including collection of data and research, may be carried out through the State Land Commission; and

9.7.3. On the way in which any conflict between the findings or recommendations of each Commission may be resolved.

9.8. In case of conflict between the findings and recommendations of the National Land Commission and the State Land Commission which cannot be resolved by agreement, the two Commissions shall reconcile their positions. Failure to reconcile, the matter shall be referred to the Constitutional Court for adjudication.

Comprehensive Peace Agreement (2005) Chapter III: Wealth Sharing (Signed At Naivasha, Kenya on 7th January, 2004)

1. Guiding Principles in Respect of an Equitable Sharing of Common Wealth

1.1 The Parties agree that the guiding principles and provisions below shall be the basis for the comprehensive text on Wealth Sharing.

1.2 The wealth of Sudan shall be shared equitably so as to enable each level of government to discharge its legal and constitutional responsibilities and duties.

1.3 The National Government shall also fulfil its obligation to provide transfers to the Government of Southern Sudan.

1.4 The sharing and allocation of wealth emanating from the resources of the Sudan shall ensure that the quality of life, dignity and living conditions of all the citizens are promoted without discrimination on grounds of gender, race, religion, political affiliation, ethnicity, language, or region. The sharing and allocation of this wealth shall be based on the premise that all parts of Sudan are entitled to development.

1.5 The Parties agree that Southern Sudan faces serious needs to: (i) be able to perform basic government functions, (ii) build up the civil administration, and (iii) rehabilitate and reconstruct/construct the social and physical infrastructure in a post-conflict Sudan.

1.6 The Parties agree that Nuba Mountains, Southern Blue Nile, Abyei and other war affected areas face serious needs to: (i) be able to perform basic government functions, (ii) establish and build civil administration and (iii) rehabilitate and reconstruct/construct the social and physical infrastructure in a post-conflict Sudan.

1.7 That, without prejudice to the provisions of paragraph 1.3 herein, Southern Sudan, and those areas in need of construction/reconstruction, shall be brought up to the same average level of socio-economic and public services standard as the Northern states. To achieve these objectives will take time and effort to build up local institutional, human and economic capacity. For this purpose, two special funds shall be established as provided herein.

1.8 That revenue sharing should reflect a commitment to devolution of power and decentralisation of decision-making in regard to development, service delivery and governance.

1.9 The development of infrastructure, human resources, sustainable economic development and the capacity to meet human needs shall be conducted within a framework of transparent and accountable government.

1.10 That the best known practices in the sustainable utilization and control of natural resources shall be followed.

1.11 This Agreement sets out the respective types of income, revenue, taxes and other sources of wealth to which the various levels of government are entitled.

1.12 The Parties recognize that the National Government, during the Interim Period, will need to mobilize additional national resources.

1.13 There is a limit on how much additional national resources can be mobilized and part of the national needs in a post-conflict Sudan will have to be met by external assistance.

1.14 The National Government shall not withhold an allocation due to a state/regional or the Government of Southern Sudan. Any level of Government may initiate proceedings in the Constitutional Court should any other organ or level withhold monies due to it. The National Government shall make transfers to the Government of Southern Sudan based On the principles established. (Footnote: The issue of nomenclature will be resolved in the power sharing agreement.)

1.15 In agreeing to these wealth sharing arrangements the Parties signal to the international community that it will have to play a strong and constructive role in providing post-conflict construction/reconstruction assistance to Sudan, especially to Southern Sudan and other war affected and least developed areas.

1.16 The National Government shall assist the Government of Southern Sudan, during the Pre-Interim Period, in cooperation with international organizations, to develop and implement a program for capacity enhancement in the South. The highest priority should be public finance and intergovernmental relations, including expenditure management to ensure accountability.

2. Ownership of Land and Natural Resources

2.1 Without prejudice to the position of the Parties with respect to ownership of land and subterranean natural resources, including in Southern Sudan, this Agreement is not intended to address the ownership of those resources. The Parties agree to establish a process to resolve this issue.

2.2. The Parties agree that the regulation, management, and the process for the sharing of wealth from subterranean natural resources are addressed below.

2.3. The Parties record that the regulation of land tenure, usage and exercise of rights in land is to be a concurrent competency exercised at the appropriate levels of government.

2.4. Rights in land owned by the Government of Sudan shall be exercised through the appropriate or designated levels of Government.

2.5. The Parties agree that a process be instituted to progressively develop and amend the relevant laws to incorporate customary laws and practices, local heritage and international trends and practices.

2.6 Without prejudice to the jurisdiction of courts, there shall be established a National Land Commission that shall have the following functions:

2.6.1 Arbitrate between willing contending Parties on claims over land, and sort out such claims.

2.6.2 The party or group making claims in respect of land may make a claim against the relevant government and/or other Parties interested in the land.

2.6.3 The National Land Commission may at its discretion entertain such claims.

2.6.4 The Parties to the arbitration shall be bound by the decision of the National Land Commission on mutual consent and upon registration of the award in a court of law.

2.6.5 The National Land Commission shall apply the law applicable in the locality where the land is situated or such other law as the Parties to the arbitration agree, including principles of equity.

2.6.6 Accept references on request from the relevant government, or in the process of resolving claims, and make recommendations to the appropriate levels of government concerning:

2.6.6.1 Land reform policies;

2.6.6.2 Recognition of customary land rights and/or law.

2.6.7 Assess appropriate land compensation, which need not be limited to monetary compensation, for applicants in the course of arbitration or in the course of a reference from a court.

2.6.8 Advise different levels of government on how to co-ordinate policies on national projects.

2.6.9 Study and record land use practices in areas where natural resource exploitation occurs.

2.6.10 The National Land Commission shall be representative and independent. The composition of the membership and terms of appointment of the National Land Commission shall be set by the legislation constituting it. The Chairperson of the National Land Commission shall be appointed by the Presidency.

2.6.11 The National Land Commission may conduct hearings and formulate its own rules of procedure.

2.6.12 The National Land Commission will have its budget approved by the Presidency and will be accountable to the Presidency for the due performance of its functions.

2.7 In accordance with this Agreement and without prejudice to the jurisdiction of courts, there shall be established a Southern Sudan Land Commission which shall have the following functions:

2.7.1 Arbitrate between willing contending Parties on claims over land, and sort out such claims.

2.7.2 The party or group making claims in respect of land may make a claim against the relevant government and/or other Parties interested in the land.

2.7.3 The Southern Sudan Land Commission may entertain such claims at its discretion.

2.7.4 The Parties to the arbitration shall be bound by the Southern Sudan Land Commission’s decision on mutual consent and upon registration of the award in a court of law.

2.7.5 The Southern Sudan Land Commission shall apply the law applicable in the locality where the land is situated or such other law as the Parties to the arbitration agree, including principles of equity.

2.7.6 Accept references on request from the relevant government, or in the process of resolving claims, and make recommendations to the appropriate levels of government concerning:

2.7.6.1 Land reform policies;

2.7.6.2 Recognition of customary land rights and/or law.

2.7.7 Assess appropriate land compensation, which need not be limited to monetary compensation, for applicants in the course of arbitration or in the course of a reference from a court.

2.7.8 Advise different levels of government on how to co-ordinate policies on GoSS projects.

2.7.9 Study and record land use practices in areas where natural resource exploitation occurs.

2.7.10 The Southern Sudan Land Commission shall be representative and independent. The composition of the membership and terms of appointment of the Southern Sudan Land Commission shall be set by the legislation constituting it. The Chairperson of the Southern Sudan Land Commission shall be appointed by the President of the Government of Southern Sudan.

2.7.11 The Southern Sudan Land Commission may conduct hearings and formulate its own rules of procedure.

2.7.12 The Southern Sudan Land Commission shall have its budget approved by the Government of Southern Sudan and shall be accountable to the President of the Government of Southern Sudan for the due performance of its functions.

2.8 The National Land Commission and the Southern Sudan Land Commission shall co-operate and co-ordinate their activities so as to use their resources efficiently.

Without limiting the matters of coordination, the National Land Commission and the Southern Sudan Land Commission may agree:

a) to exchange information and decisions of each Commission;

b) that certain functions of the National Land Commission, including collection of data and research, may be carried out through the Southern Sudan Land Commission;

c) on the way in which any conflict between the findings or recommendations of each Commission may be resolved

2.9 In the case of conflict between the findings or recommendations of the National Land Commission and the Southern Sudan Land Commission, which cannot be resolved by agreement, the two Commissions shall reconcile their positions. Failure to reconcile, the matter shall be referred to the Constitutional Court.

3. Oil Resources

A. Guiding Principles for the management and development of the petroleum sector

3.1 The Parties agree that the basis for an agreed and definitive framework for the management of the development of the petroleum sector during the Interim Period shall include the following:

3.1.1 Sustainable utilization -of oil as a non-renewable natural resource consistent with:

a) the national interest and the public good;

b) the interest of the affected states/regions;

c) the interests of the local population in affected areas;

d) national environmental policies, biodiversity conservation guidelines, and cultural heritage protection principles.

3.1.2 Empowerment of the appropriate levels of government to develop and manage, in consultation with the relevant communities, the various stages of oil production within the overall framework for the management of petroleum development during the Interim Period.

3.1.3 Give due attention to enabling policy environment for the flow of foreign direct investment by reducing risks associated with uncertainties regarding the outcome of the referendum on self-determination at the end of the Interim Period.

3.1.4 A stable macroeconomic environment that emphasizes stability of the petroleum sector.

3.1.5 Persons enjoying rights in land shall be consulted and their view shall duly be taken into account in respect of decisions to develop subterranean natural resources from the area in which they have rights, and shall share in the benefits of that development.

3.1.6 Persons enjoying rights in land are entitled to compensation on just terms arising from acquisition or development of land for the extraction of subterranean natural resources from the area in respect of which they have rights.

3.1.7 The communities in whose areas development of subterranean natural resources occurs have the right to participate, through their respective states/regions, in the negotiation of contracts for the development of those resources.

3.1.8 Regardless of the contention over the ownership of land and associated natural resources, the Parties agree on a framework for the regulation and management of petroleum development in Sudan during the Interim Period.

B. National Petroleum Commission (NPC)

3.2 The Parties agree that an independent National Petroleum Commission (NPC) shall be established during the Pre-Interim Period and its decisions shall be by consensus.

3.3 Taking into account the provisions elsewhere in this Agreement, the NPC shall be constituted as follows:

a) The President of the Republic and President of the GoSS as Co-chairs and permanent members;

b) four (4) permanent members representing the National Government;

c) four (4) permanent members representing the GoSS; and

d) not more than three (3) representatives of an oil producing State/Region in which petroleum development is being considered, non-permanent members.

3.4 The NPC shall have the following functions:

3.4.1 Formulate public policies and guidelines in relation to the development and management of the petroleum sector consistent with paragraph

3.1.1.

3.4.2 Monitor and assess the implementation of those policies to ensure that they work in the best interests of the people of Sudan.

3.4.3 Develop strategies and programs for the petroleum sector.

3.4.4 Negotiate and approve all oil contracts for the exploration and development of oil in the Sudan, and ensure they are consistent with the NPC’s principles, policies and guidelines.

3.4.5 Develop its internal regulations and procedures.

3.5 In performing the functions referred to in paragraph 3.4 above, the NPC shall take into account relevant considerations, including the following:

3.5.1 The extent to which the contract provides benefits to local communities affected by the development.

3.5.2 The extent to which the views of the state/region and the affected groups are incorporated in the proposed contracts.

3.5.3 If the NPC decides to approve the contract, persons holding rights in land who are aggrieved by the decision shall seek relief through arbitration or in a court of law.

3.5.4 If the non-permanent members of the NPC representing the oil producing States/Regions collectively disagree with the decision of the NPC to approve the contract related to their States/Regions , the National Minister of Petroleum shall not sign the contract and shall refer the matter to the Council of States/Regions. If the Council of States/Regions rejects the objection by two-thirds e13) majority, the National Minister of Petroleum shall sign the contract. If the Council of States/Regions does not reject the objection by two-thirds e13) majority within 24 sitting days of receiving it, the Council of States/Regions shall remit the objection within that period and by two-thirds e13) majority to a mechanism established by the Council to arbitrate on the objection. The arbitration decision shall be made within six calendar months of referral to arbitration. The arbitration decision shall be binding.

3.5.5. If the NPC approves the contract the National Minister of Petroleum shall sign the contract on behalf of the Government of the Sudan.

3.5.6 In performing functions 3.4.1, 3.4.2, 3.4.3, and 3.4.5 of paragraph 3.4, the NPC shall include only its permanent members.

3.5.7 In performing function 3.4.4 of paragraph 3.4, the NPC shall include its permanent members and representatives of oil producing State/Region in which contracts for the exploration and development of the petroleum are being negotiated and considered for approval.

4. Existing Oil Contracts

4.1 The SPLM shall appoint a limited number of representatives to have access to all existing oil contracts. The representatives shall have the right to engage technical experts. All those who have access to the contracts will sign confidentiality agreements.

4.2 Contracts shall not be subject to re-negotiation.

4.3 If contracts are deemed to have fundamental social and environmental problems the 90vernment of Sudan will implement necessary remedial measures.

4.4 The Parties agree that “existing oil contracts” mean contracts signed before the date of signature of the Comprehensive Peace Agreement.

4.5 Persons whose rights have been violated by oil contracts are entitled to compensation. On the establishment of these violations through due legal process the Parties to the oil contracts shall be liable to compensate the affected persons to the extent of the damage caused.

5. Guiding Principles for Sharing Oil Revenue

5.1 The Parties agree that the basis for an agreed and definitive framework for the sharing of the wealth emanating from oil resources of Southern Sudan shall include the following:

5.1. I The framework for sharing wealth from the extraction of natural resources should balance the needs for national development and reconstruction of Southern Sudan.

5.2 The Parties agree that a formula for sharing the revenue from oil resources shall be as set forth in this Agreement.

5.3 For the purposes of this Agreement. ‘Net revenue from oil’ shall be the sum of the net revenue (i) from exports of government oil and (ii) from deliveries of government oil to the refineries. Exports shall be valued at the actual Free on Board (FOB) export prices less the charges to deliver the oil to any export destination including pipeline and management charges. Oil delivered to the refinery shall be valued at the average FOB export prices during the last calendar month in which there was an export sale -less the charges that would have been incurred to deliver the oil to any export destination including pipeline and management charges.

5.4 An Oil Revenue Stabilization Account shall be established from government oil net revenue derived from actual export sales above an agreed benchmark price. The benchmark price will be established annually as part of the national budget reflecting changing economic circumstances.

5.5 The Parties agree that at least two percent (2%) of oil revenue shall be allocated to the oil producing states/regions in proportion to output produced in such states/regions.

5.6 After the payment to the Oil Revenue Stabilization Account and to the oil producing states/regions, fifty percent(50%) of net oil revenue derived from oil producing wells in Southern Sudan shall be allocated to the Government of Southern Sudan (GoSS) as of the beginning of the Pre-Interim Period and the remaining fifty percent (50%) to the National Government and States in Northern Sudan.

5.7 A Future Generation Fund shall be established once national oil production reaches two (2) million barrels per day. This production criterion may, as part of the National Government’s normal budget process, be reduced down to one (1) million barrels per day.

5.8 The Parties agree that all funds/special accounts referred to in this Agreement and future accounts shall be on-budget operations.

6. Sharing of Non-Oil Revenue

6.1 The National Government shall be entitled to legislate, raise and collect the below-listed taxes and to collect revenue from these sources:

6.1.1 National Personal Income Tax;

6.1.2 Corporate or Business Profit Tax;

6.1.3 Customs Duties and import taxes;

6.1.4 Sea-ports and Airports Revenue;

6.1.5 Service charges;

6.1.6 Oil revenues as set out herein;

6.1.7 National Government Enterprises and projects;

6.1.8 VAT or GST or other retail taxes on goods and services;

6.1.9 Excise Tax;

6.1.10 Any other tax as agreed upon in these negotiations;

6.1.11 Loans, including borrowing from the Central Bank and the public.

6.2 The Government of Southern Sudan shall be entitled to revenue from the following sources and to raise and collect the below-listed taxes:

6.2.1 The National revenue allocation to’ the Government of Southern Sudan and States/Regions from the National Revenue Fund as set forth in section 7.0 of this Agreement;

6.2.2 Revenue from any of the sources listed as state/region revenue sources referred to in paragraph 6.3 herein;

6.2.3 The Southern Sudan Reconstruction and Development Fund (SSRDF);

6.2.4 Oil revenues as is set out in this Agreement;

6.2.5 Southern Sudan Government Taxes, which do not encroach on the exclusive National Government taxing powers or which are contemplated in the Power Sharing Protocol;

6.2.6 Service charges of the Government of Southern Sudan;

6.2.7 Government of Southern Sudan enterprises and projects;

6.2.8 Grants in Aid and Foreign Aid;

6.2.9 Taxes and levies on small and medium business;

6.2.10 Excise taxes on goods within the region deemed to be luxury consumables;

6.2.11 Southern Sudan Personal Income Tax;

6.2.12 Any other taxes as may be agreed to from time to time;

6.2.13 Loans and Borrowing in accordance with the Monetary Policy, Banking, Currency and Borrowing sections of this Agreement.

6.3 The states/regions shall be entitled to raise and collect the below-listed taxes and revenue from the below listed sources:

6.3.1 States/Regions al Land and property tax and royalties;

6.3.2 Service charges for state/regional services;

6.3.3 Licences;

6.3.4 State/Regional Personal Income Tax;

6.3.5 Levies on Tourism;

6.3.6 States/Regions al share of oil Revenues as is set out in paragraphs 5.5 and 5.6 of this Agreement;

6.3.7 States/Regions al Government projects and state/regional nature parks;

6.3.8 Stamp duties;

6.3.9 Agricultural Taxes;

6.3.10 Grants in Aid and Foreign Aid through the National Government and the GoSS;

6.3.11 Excise taxes;

6.3.12 Border Trade charges or levies in accordance with National Legislation;

6.3.13 Other state/region taxes which do not encroach on national or Southern Sudan Government taxes;

6.3.14 Any other tax as may be agreed to from time to time; and

6.3.15 Loans and borrowing in accordance with the Monetary Policy, Banking, Currency and Borrowing sections of this Agreement.

7. Equalization and Allocation to the National, Southern Sudan and States/Regional Levels of Government in Respect of Revenue Collected Nationally

7.1. All revenues collected nationally for or by the National Government shall be pooled in a National Revenue Fund (NRF) administered by the National Treasury. Such Fund shall embrace all accounts and sub-funds into which monies ‘due to the Government are collected, reported or deposited.

7.2 All the revenues and expenditures of the Government will be on-budget operations and made public.

7.3 Notwithstanding the provisions of paragraphs 5.6, 7.1 and 13.1, the National Government shall allocate fifty percent (50%) of the national non-oil revenue collected in Southern Sudan, as provided for herein under paragraph 6.1 above, to the GoSS to partially meet the development cost and other activities during the Interim Period. The Parties agree to review this arrangement, at mid-term of the Interim Period, with the view of the National Government allocating additional resources to the Government of Southern Sudan.

7.4 As a result of the allocation arrangements in paragraph 7.3 above, the Parties agree to appeal to the international’ and donor community to help the Government of Southern Sudan by providing post-conflict reconstruction assistance especially at the be inning of the transition.

7.5 The states/regions and the Government of Southern Sudan shall retain and dispose of such other income raised and collected under their own taxing powers.

8. Fiscal and Financial Allocation and Monitoring Commission (FFAMC)

8.1 To ensure transparency and fairness both in regard to the allocation of nationally collected funds to the states/regions and the Government of Southern Sudan, a Fiscal and Financial Allocation and Monitoring Commission shall be established. This body shall be comprised of experts nominated by the various states/regions, the Government of Southern Sudan and the National Government. Decision making arrangements of the FF AMC shall be as agreed to by the Parties.

8.2 The FFAMC shall undertake the following duties and responsibilities:

8.2.1 Monitor and ensure that equalization grants from the National Revenue Fund are promptly transferred to respective levels of government;

8.2.2 Ensure appropriate utilization and sharing of financial resources;

8.2.3 Ensure that resources allocated to war affected areas are transferred in accordance with agreed upon formula; and

8.2.4 Ensure transparency and fairness in the allocation of funds to the GoSS and states/regions according to established ratios or percentages stipulated in this Agreement.

8.3. The FFAMC shall be composed of representatives from the National Government and the Government of Southern Sudan and States/Regions as follows:

a) Three (3) Representatives of the National Government;
b) Three (3) Representatives of the Government of Southern Sudan (OOSS);
c) All Finance Ministers in all States/Regions of Sudan

8.4 The Chairperson of the FFAMC shall be appointed by the Presidency.

8.5 The FFAMC shall work out its own rules and procedures, which shall be approved by the Presidency.

9. Interstate Commerce

9.1 There shall be no legal impediment to interstate commerce or the flow of goods and services, capital or labour between the states/regions.

10. Government Liabilities

10.1 Any debts/liabilities incurred by any level of government shall be the responsibility of that level of government.

11. Division of Government Assets

11.1 There shall be a fair and equitable division of government assets. An asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related (e.g. school buildings to the level of government responsible for education). In the event of a dispute, the Parties agree that such dispute shall be referred to a committee comprising a representative of each of the Parties involved in the dispute and a mutually agreed expert.

12. Accounting Standards and Procedures and Fiscal Accountability

12.1 All levels of government shall comply with generally accepted accounting standards and procedures. There shall be institutions at the state/region, Government of Southern Sudan and National levels to ensure that funds are distributed according to the agreed government budget, and properly expended having regard to value for money.

12.2 To ensure the effective operation of such institutions, there shall be independent National and Southern Sudan Audit Chambers, which shall have responsibility for the functions referred to above. The National Audit Chamber shall set auditing standards. Appointments to the National Audit Chamber shall be made by the Presidency and confirmed by the National Assembly.

12.3 All levels of government shall hold all income and revenue received by it in public accounts and subject to public scrutiny and accountability.

13 Financing the Transition

13.1 The National Government shall assist, during the Pre-Interim Period to the extent that it is able, the SPLMI A in the establishment of the new transitional governments at the States/Regional level and the Government of Southern Sudan. The Government of Southern Sudan shall meet the direct costs of establishing these levels of government, with the assistance from the international community.

13.2. Upon signature of a Comprehensive Peace Agreement, the Parties shall establish a Joint National Transition Team to undertake the following:

13.2.1 Prepare budget estimates for the establishment of Governments at the National, Southern Sudan and state/regional levels as provided for by the Peace Agreement;

13.2.2 Organize and prepare relevant documents for the donor conference, including the agenda of the conference, letters of invitations and be a secretariat to the donors’ conference;

13.2.3 Develop fund raising strategies, and assist in the identification of potential sources of funds necessary’ for a smooth and timely commencement of the Interim Period.

14. Monetary Policy, Banking, Currency and Borrowing

A. Monetary Policy, Banking and Currency

14.1. The Parties agree, consistent with the Machakos Protocol of 20th July 2002, to have a dual banking system in Sudan during the Interim Period. An Islamic banking system shall operate in Northern Sudan and conventional banking system shall operate in Southern Sudan.

14.2. The Parties agree that conventional banking facilities are urgently needed in Southern Sudan. The Parties therefore agree to establish, during the Pre-Interim Period, the Bank of Southern Sudan (BOSS) as a branch of Central Bank of Sudan (CBOS) consistent with paragraph 14.1 above.

14.3. The Parties agree to restructure, during the Pre-Interim Period, the CBOS so as to reflect the duality of the banking system in Sudan. The CBOS shall therefore use and develop two sets of banking instruments, one Islamic and the other Conventional, to regulate and supervise the implementation of a single monetary policy through: (i) an Islamic financing window in Northern Sudan under a deputy governor of CBOS using Islamic financing instruments to ‘implement the national monetary policy in Northern Sudan; and (ii) the Bank of Southern Sudan (BOSS), headed by a deputy governor of CBOS, to manage the conventional window using conventional financing instruments in implementing the same national monetary policy in Southern Sudan.

14.4. The CBOS shall be responsible for the conduct of monetary policy. All banking institutions shall be subject to the rules and regulations set by the CBOS.

14.5. The primary responsibility and mandate of the CBOS shall be ensuring price stability, maintaining stable exchange rate, sound banking system and issuance of currency. The monetary policy shall be carried out accordingly relying primarily on market-based instruments instead of administrative allocation of credit.

14.6. The CBOS shall be fully independent in its pursuit of monetary policy.

14.7. The Governor of CBOS and his/her two deputies shall be appointed by the Presidency. The Governor of CBOS shall appoint in consultation with his/her two deputies’ other senior officers within the Central Bank.

14.8. The Parties agree to establish, during the Pre-Interim Period, an independent Board of Directors (BOD). Decisions of BOD on matters that may affect adversely the interest of either Party to this Agreement shall be by consensus. The BOD shall be responsible to the Presidency on the accountability of the CBOS and shall consist of nine (9) members as follows:

a) Governor of CBOS (Chairperson) and his/her two deputies and;

b) Six highly qualified Sudanese to be appointed by the Presidency taking into account the agreed formula in the Power Sharing Protocol for the institutions of the National Government.

14.9 The CBOS shall adopt a program to issue a new currency as soon as is practical during the Interim Period. The design of the new currency shall reflect the cultural diversity of Sudan. Until a new currency has been issued with the approval of the Parties on the recommendations of the CBOS, the circulating currencies in Southern Sudan shall be recognised.

14.10 The BOSS shall be responsible for chartering and supervising financial institutions in Southern Sudan.

14.11 All financial institutions shall be subject to internationally recognized regulatory and prudential standards for Islamic and conventional finance, as set by the CBOS.

14.12 All financial institutions shall be bound to implement monetary policies set by the CBOS.

B. Borrowing

14.13. The Government of Southern Sudan and the states/regions may borrow money based on their respective credit worthiness. Neither the National Government nor the CBOS shall be required or expected to guarantee borrowing by sub-national governments.

14.14 The GoSS and all sub-national governments shall report financial and fiscal data to the relevant National Government bodies for statistical purposes.

14.15 The Government of Southern Sudan and the states/regions may borrow money from foreign sources based on their respective credit worthiness.

14.16 Foreign borrowing by all sub-national governments shall be done in a manner that does not undermine national macroeconomic policies and shall be consistent with the objective of maintaining external financial viability. All sub-national governments’ foreign borrowing transactions shall conform to the CBOS specifications.

15. Reconstruction and Development Funds

A. Southern Sudan Reconstruction and Development Fund (SSRDF)

15.1. There shall be established a Southern Sudan Reconstruction and Development Fund (SSRDF) to solicit, raise and collect funds from domestic and international donors and disburse such funds for the reconstruction and rehabilitation of the infrastructure of the South, for the resettlement and reintegration of internally and externally displaced persons, and to address past imbalances in regional development and infrastructure.

15.2. A monitoring and evaluation system shall be established to ensure accountability, transparency, efficiency, equity and fairness in the utilization of resources.

15.3. The Government of Southern Sudan shall be responsible for expenditure from the fund and shall be entitled to raise additional funds by way of donation from foreign States, multilateral organizations, or other bodies for the purposes of the reconstruction and development of the southern states/regions. The Fund shall be transparently administered and professionally managed subject to an oversight committee appointed by .the Government of Southern Sudan but having on it a representative of the National Ministry of Finance and of the National Audit Chamber.

B. National Reconstruction and Development Fund (NRDF)

15.4. There shall be established by the Treasury, a National Reconstruction and Development Fund (NRDF) having the mission of developing the war affected areas and least developed areas outside Southern Sudan and a steering committee with appropriate representation from such areas. A member of the Southern Sudan Ministry of Finance shall be a member of the Steering Committee. A report on the income, expenditure and the projects supported by the fund shall be placed before the National Assembly and the Council of States/Regions, which shall exercise oversight over the Fund.

C. Multi-Donor Trust Funds

15.5. The Parties recognize the need to establish, during the Pre-Interim Period, two Multi-Donor Trust Funds (MDTFs), one for the National Government and one for the Government of Southern Sudan to support urgent recurrent and investment budget costs under clearly stated criteria of eligible financing components. The Trust Funds shall be operational for the Pre-Interim Period, and shall thereafter be transformed into (i) one MDTF dedicated to the Southern Sudan Reconstruction and Development Fund (the “SRRDF”); and (ii) one MDTF dedicated to the National Reconstruction and Development Fund (the “NRDF”).

15.6. The MDTFs shall commence immediately to support, among other things, priority areas of capacity building and institutional strengthening and quick start/impact programs identified by the Parties.

15.7. Both funds shall support urgent recurrent and investment budget costs under clearly stated criteria of eligible financing components, and both shall have the right to solicit, raise and collect funds from foreign donors.

15.8. All trust funds shall report the flow of funds to the CBOS.

15.9. To ensure proper accountability for funds disbursed through the MDTFs the Parties shall cause audits to be performed on funds used within six (6) months of the close of the recipient’s financial year.

15.10. During the Pre-Interim as well as the Interim Period, funds may be channeled directly to finance activities beneficial to the National Government or the GoSS as the case may be.

15.11. During the Pre-Interim Period, the flow of foreign funds shall be through special accounts established in the Bank of Sudan for areas outside Southern Sudan and for Southern Sudan in a commercial bank in Southern Sudan until the Bank of Southern Sudan is established and operational. For the Interim Period: (i) the flow of foreign funds for the National Fund will go through the CBOS; and (ii) for the Southern Fund, the foreign funds will be disbursed through a special account at the Bank of Southern Sudan designated for the Government of Southern Sudan; or through arrangements as specified in the MDTF.

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

2.12.1 The Peace Agreement shall be signed by the leaders of the two Parties.

2.12.2 Upon signature, the Parties shall be bound by the Agreement and shall assume the obligations arising there from, more especially the obligations to implement the Agreement and to give legal and constitutional effect to the arrangements agreed therein.

2.12.3 Upon signature the Parties commit themselves to ensure that all the organs, committees and structures under their control, including their members, shall observe the terms of the Agreement.

2.12.4 After the Agreement has been signed:

2.12.4.1 The text thereof shall be forwarded to the National Assembly and the SPLM National Liberation Council for approval as is;

Chapter III: Wealth Sharing (Signed At Naivasha, Kenya on 7th January, 2004)

C. Multi-Donor Trust Funds

15.5. The Parties recognize the need to establish, during the Pre-Interim Period, two Multi-Donor Trust Funds (MDTFs), one for the National Government and one for the Government of Southern Sudan to support urgent recurrent and investment budget costs under clearly stated criteria of eligible financing components. The Trust Funds shall be operational for the Pre-Interim Period, and shall thereafter be transformed into (i) one MDTF dedicated to the Southern Sudan Reconstruction and Development Fund (the “SRRDF”); and (ii) one MDTF dedicated to the National Reconstruction and Development Fund (the “NRDF”).

The 2005 accord provides detailed timeline for implementing provisions of the accord, including ceasefire related issues, the holding of the referendum and setting up commissions as well as transitional mechanisms (see 2005 accord from page 126-128 and from page 221-228.

Chapter III: Wealth Sharing (Signed At Naivasha, Kenya on 7th January, 2004)

1. Guiding Principles in Respect of an Equitable Sharing of Common Wealth

1.10 That the best known practices in the sustainable utilization and control of natural resources shall be followed.

2. Ownership of Land and Natural Resources

2.1 Without prejudice to the position of the Parties with respect to ownership of land and subterranean natural resources, including in Southern Sudan, this Agreement is not intended to address the ownership of those resources. The Parties agree to establish a process to resolve this issue.

2.2. The Parties agree that the regulation, management, and the process for the sharing of wealth from subterranean natural resources are addressed below.

2.3. The Parties record that the regulation of land tenure, usage and exercise of rights in land is to be a concurrent competency exercised at the appropriate levels of government.

2.4. Rights in land owned by the Government of Sudan shall be exercised through the appropriate or designated levels of Government.

2.5. The Parties agree that a process be instituted to progressively develop and amend the relevant laws to incorporate customary laws and practices, local heritage and international trends and practices.

2.6 Without prejudice to the jurisdiction of courts, there shall be established a National Land Commission that shall have the following functions:

2.6.1 Arbitrate between willing contending Parties on claims over land, and sort out such claims.

2.6.2 The party or group making claims in respect of land may make a claim against the relevant government and/or other Parties interested in the land.

2.6.3 The National Land Commission may at its discretion entertain such claims.

2.6.4 The Parties to the arbitration shall be bound by the decision of the National Land Commission on mutual consent and upon registration of the award in a court of law.

2.6.5 The National Land Commission shall apply the law applicable in the locality where the land is situated or such other law as the Parties to the arbitration agree, including principles of equity.

2.6.6 Accept references on request from the relevant government, or in the process of resolving claims, and make recommendations to the appropriate levels of government concerning:

2.6.6.1 Land reform policies;

2.6.6.2 Recognition of customary land rights and/or law.

2.6.7 Assess appropriate land compensation, which need not be limited to monetary compensation, for applicants in the course of arbitration or in the course of a reference from a court.

2.6.8 Advise different levels of government on how to co-ordinate policies on national projects.

2.6.9 Study and record land use practices in areas where natural resource exploitation occurs.

2.6.10 The National Land Commission shall be representative and independent. The composition of the membership and terms of appointment of the National Land Commission shall be set by the legislation constituting it. The Chairperson of the National Land Commission shall be appointed by the Presidency.

2.6.11 The National Land Commission may conduct hearings and formulate its own rules of procedure.

2.6.12 The National Land Commission will have its budget approved by the Presidency and will be accountable to the Presidency for the due performance of its functions.

2.7 In accordance with this Agreement and without prejudice to the jurisdiction of courts, there shall be established a Southern Sudan Land Commission which shall have the following functions:

2.7.1 Arbitrate between willing contending Parties on claims over land, and sort out such claims.

2.7.2 The party or group making claims in respect of land may make a claim against the relevant government and/or other Parties interested in the land.

2.7.3 The Southern Sudan Land Commission may entertain such claims at its discretion.

2.7.4 The Parties to the arbitration shall be bound by the Southern Sudan Land Commission’s decision on mutual consent and upon registration of the award in a court of law.

2.7.5 The Southern Sudan Land Commission shall apply the law applicable in the locality where the land is situated or such other law as the Parties to the arbitration agree, including principles of equity.

2.7.6 Accept references on request from the relevant government, or in the process of resolving claims, and make recommendations to the appropriate levels of government concerning:

2.7.6.1 Land reform policies;

2.7.6.2 Recognition of customary land rights and/or law.

2.7.7 Assess appropriate land compensation, which need not be limited to monetary compensation, for applicants in the course of arbitration or in the course of a reference from a court.

2.7.8 Advise different levels of government on how to co-ordinate policies on GoSS projects.

2.7.9 Study and record land use practices in areas where natural resource exploitation occurs.

2.7.10 The Southern Sudan Land Commission shall be representative and independent. The composition of the membership and terms of appointment of the Southern Sudan Land Commission shall be set by the legislation constituting it. The Chairperson of the Southern Sudan Land Commission shall be appointed by the President of the Government of Southern Sudan.

2.7.11 The Southern Sudan Land Commission may conduct hearings and formulate its own rules of procedure.

2.7.12 The Southern Sudan Land Commission shall have its budget approved by the Government of Southern Sudan and shall be accountable to the President of the Government of Southern Sudan for the due performance of its functions.

2.8 The National Land Commission and the Southern Sudan Land Commission shall co-operate and co-ordinate their activities so as to use their resources efficiently.

Without limiting the matters of coordination, the National Land Commission and the Southern Sudan Land Commission may agree:

a) to exchange information and decisions of each Commission;

b) that certain functions of the National Land Commission, including collection of data and research, may be carried out through the Southern Sudan Land Commission;

c) on the way in which any conflict between the findings or recommendations of each Commission may be resolved

2.9 In the case of conflict between the findings or recommendations of the National Land Commission and the Southern Sudan Land Commission, which cannot be resolved by agreement, the two Commissions shall reconcile their positions. Failure to reconcile, the matter shall be referred to the Constitutional Court.

5. Guiding Principles for Sharing Oil Revenue

5.1 The Parties agree that the basis for an agreed and definitive framework for the sharing of the wealth emanating from oil resources of Southern Sudan shall include the following:

5.1. I The framework for sharing wealth from the extraction of natural resources should balance the needs for national development and reconstruction of Southern Sudan.

5.2 The Parties agree that a formula for sharing the revenue from oil resources shall be as set forth in this Agreement.

5.3 For the purposes of this Agreement. ‘Net revenue from oil’ shall be the sum of the net revenue (i) from exports of government oil and (ii) from deliveries of government oil to the refineries. Exports shall be valued at the actual Free on Board (FOB) export prices less the charges to deliver the oil to any export destination including pipeline and management charges. Oil delivered to the refinery shall be valued at the average FOB export prices during the last calendar month in which there was an export sale -less the charges that would have been incurred to deliver the oil to any export destination including pipeline and management charges.

5.4 An Oil Revenue Stabilization Account shall be established from government oil net revenue derived from actual export sales above an agreed benchmark price. The benchmark price will be established annually as part of the national budget reflecting changing economic circumstances.

5.5 The Parties agree that at least two percent (2%) of oil revenue shall be allocated to the oil producing states/regions in proportion to output produced in such states/regions.

5.6 After the payment to the Oil Revenue Stabilization Account and to the oil producing states/regions, fifty percent(50%) of net oil revenue derived from oil producing wells in Southern Sudan shall be allocated to the Government of Southern Sudan (GoSS) as of the beginning of the Pre-Interim Period and the remaining fifty percent (50%) to the National Government and States in Northern Sudan.

5.7 A Future Generation Fund shall be established once national oil production reaches two (2) million barrels per day. This production criterion may, as part of the National Government’s normal budget process, be reduced down to one (1) million barrels per day.

5.8 The Parties agree that all funds/special accounts referred to in this Agreement and future accounts shall be on-budget operations.

Chapter I: The Machakos Protocol (Signed at Machakos, Kenya on 20th July, 2002)

Part A: Agreed Principles

1.3 That the people of South Sudan have the right to self-determination, inter alia,

through a referendum to determine their future status.

The Right to Self-Determination for the People of South Sudan

1.3 That the people of South Sudan have the right to self-determination, inter alia, through a referendum to determine their future status.

PART B: THE TRANSITION PROCESS

2.4 An independent Assessment and Evaluation Commission shall be established during the Pre-Transition Period to monitor the implementation of the Peace Agreement during the Interim Period. This Commission shall conduct a midterm evaluation of the unity arrangements established under the Peace Agreement.

2.4.1 The composition of the Assessment and Evaluation Commission shall consist of equal representation from the GoS and the SPLMI A, and not more than two (2) representatives, respectively, from each of the following categories:

2.4.1.1 Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea, Ethiopia, Kenya and Uganda);

2.4.1.2 Observer States (Italy, Norway, UK and US); and

2.4.1.3 Any other countries or regional or international bodies to be agreed upon by the Parties.

2.4.2 The Parties shall work with the Commission during the Interim Period with a view to improving the institutions and arrangements created under the Agreement and making the unity of Sudan attractive to the people of South Sudan.

2.5 At the end of the six (6) year Interim Period there shall be an internationally monitored referendum, organized jointly by the OOS and the SPLMI A, for the people of South Sudan to: confirm the unity of the Sudan by voting to adopt the system of government established under the Peace Agreement; or to vote for secession.

2.6 The Parties shall refrain from any form of unilateral revocation or abrogation of the Peace Agreement.

2.10 Other Independent and/or National Institutions to be established in Accordance with the Peace Agreement:

2.10.1 The National Constitutional Review Commission, as detailed in Section 2.12 herein, shall also detail the mandate and provide for the appointment and other mechanisms to ensure the independence of the following institutions:

2.10.0.5 An ad-hoc Commission to monitor and ensure accuracy, legitimacy, and transparency of the Referendum as mentioned in the Machakos Protocol on Self-Determination for the People of South Sudan, which shall also include international experts;

Chapter IV: The Resolution of the Abyei Conflict (Signed at Naivasha, Kenya on 26th May, 2004)

8. Abyei Referendum Commission

8.1 There shall be established by the Presidency an Abyei Referendum Commission to conduct Abyei referendum simultaneously with the referendum of Southern Sudan. The composition of the Commission shall be determined by the Presidency.

8.2 The residents of Abyei shall cast a separate ballot. The proposition voted on in the separate ballot shall present residents of Abyei with the following choices; irrespective of the results of the Southern referendum:

a. That Abyei retain its special administrative status in the north;

b. That Abyei be part of Bahr el Ghazal.

8.3 The January 1, 1956 line between north and south shall be inviolate, except as agreed above.

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

5.3. The permanent cessation of hostilities shall include final termination of the following activities:

5.3.5. Replenishment of ammunition, weapons and other lethal or military

equipment;

Chapter I: The Machakos Protocol (Signed at Machakos, Kenya on 20th July, 2002)

PART B: THE TRANSITION PROCESS

2.4 An independent Assessment and Evaluation Commission shall be established during the Pre-Transition Period to monitor the implementation of the Peace Agreement during the Interim Period. This Commission shall conduct a midterm evaluation of the unity arrangements established under the Peace Agreement.

2.4.1 The composition of the Assessment and Evaluation Commission shall consist of equal representation from the GoS and the SPLMI A, and not more than two (2) representatives, respectively, from each of the following categories:

2.4.1.1 Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea, Ethiopia, Kenya and Uganda);

2.4.1.2 Observer States (Italy, Norway, UK and US); and

2.4.1.3 Any other countries or regional or international bodies to be agreed upon by the Parties.

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

Part II

15. UN Peace Support Mission

15.1. The Parties agree to request the United Nations to constitute a lean, effective, sustainable and affordable UN Peace Support Mission to monitor and verify this Agreement and to support the implementation of the Comprehensive Peace Agreement as provided for under Chapter VI of the UN Charter;

15.2. The Parties call upon the international community to provide technical and financial assistance, given the financial constraints of GoS and particularly the nature and structure of SPLA, to expedite the implementation of the cease fire activities.

15.3. International monitoring shall be carried out by UN, considering that the official working languages in Sudan are Arabic and English, who may make the use of the services of UN protection unit. The size of the UN Peace Support Mission, including any UN force protection element, shall be determined by the UN in consultation with the Parties.

15.4. For the purpose of monitoring activities related to the ceasefire, the international monitors shall have unrestricted access in accordance with a Status of Forces Agreement (SOFA), which shall be concluded with the United Nations as soon as possible. Such SOFA shall contain the provisions agreed to by the Parties with the United Nations immediately following the conclusion of the Comprehensive Peace Agreement.

15.5. The parties agree that the presence and size of the UN peace support mission shall be determined by the implementation time table of this Agreement (disengagement, disarmament, redeployment, etc) and shall gradually phase out with successful implementation of the time tables, increased confidence building, and commitment of the parties towards the implementation of this Agreement.

15.6. The Parties agree to request the UN to provide cultural orientation to all its members to create conducive a s here for respect and better understanding of social values and cultures so as to ensure effective implementation of this Agreement;

15.7. The Parties undertake to respect the exclusively international nature of the UN Peace Support Mission as in terms of flag, vehicle markings, communication, travel and transport, privileges and immunities, facilities, provisions, supplies, services, sanitary arrangements, recruitment of local personnel, currency, entry, residence, departure, uniform, arms, permits and licences, military police, arrest, transfer of custody, mutual assistance, jurisdiction, deceased members and settlement of disputes;

15.8. SAF and SPLA members of AJMCs and JMTs shall have the right to participate in verification and monitoring missions, however in case of failure of either or both Parties to participate, the mission shall still continue with its verification and monitoring tasks.

15.9. The Verification and Monitoring Team (VMT), the Joint Military Commission (JMC) in Nuba Mountains and the Civilian Protection Monitoring Team (CPMT) shall continue performing their duties, under’ operational control of the UN Mission, according to their present and/or expanded mandate, fill the gap and carry out duties as shall be entrusted to them by the Parties until the UN Mission is operational, after which their roles shall cease to exist.

UN, International and Internal Verification

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

Part II

15. UN Peace Support Mission

15.1. The Parties agree to request the United Nations to constitute a lean, effective, sustainable and affordable UN Peace Support Mission to monitor and verify this Agreement and to support the implementation of the Comprehensive Peace Agreement as provided for under Chapter VI of the UN Charter;

15.3. International monitoring shall be carried out by UN, considering that the official working languages in Sudan are Arabic and English, who may make the use of the services of UN protection unit. The size of the UN Peace Support Mission, including any UN force protection element, shall be determined by the UN in consultation with the Parties.

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

12. Foreign Insurgency Groups

12.1. The parties appreciate the threat and menace that the foreign insurgency groups pose on the security and stability of the Sudan and neighboring countries.

12.2. The parties have resolved to end the presence of the foreign insurgency groups on the Sudanese soil;

12.3. The parties shall work together to disarm, repatriate or expel these groups as soon as possible.