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

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

On 26 July 2007, the President issued a decree establishing the National Civil Service Commission. The presidency issued a decree replacing Fiscal and Financial Allocation and Monitoring Commission (FFAMC) Chair, Ibrahim Monim Mansour, with Homahed Osaman Ibrahim. Nevertheless, the presidency failed to agree on the adoption of the Abyei Boundaries Commissions.¹

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

In 2006, the presidency issued a decree declaring the Boundaries of Southern Kordofan State as the previous boundaries of Southern Kordofan Province as defined in the 1974 Act of the Division of Provinces. Western Kordofan and Southern Kordofan merged in accordance with the decree. Similarly, the Presidency decided on 3 January 2006 that the Cabinet for the administration of the National Capital would include eight ministers: four from the NCP, two from the SPLM (one of them Deputy Governor), and two from Northern political forces (one of them Deputy Governor). By a decree issued in August 2006, the presidency established the Commission on the Protection of the Rights of Non-Muslims in the National Capital. On 18 February 2006, President Al-Bashir issued a presidential decree to form the National DDR Coordination Council (NDDRCC). The presidency failed to agree on the adoption of the Abyei Boundaries Commission submitted to the presidency on 14 July 2005.¹ The presidency, however, resolved a deadlock over the draft constitution, which was signed into law in December.²

According to the CPA provision to reform the executive branch of the government, the institution of the presidency should be established with one president and two vice presidents. The CPA prescribed that the office of the Vice president, prior to the election, be filled within two weeks of the signing of the CPA. This did not occur. Nevertheless, the three member presidency was inaugurated on 9 July 2005. Omer Hassan Ahmed Al-Bashir was sworn in as President, John Garang de Maribor as First Vice President and Ali Osman Mohamed Taha as Vice President. The First Vice President Dr. Garang was killed in a helicopter crash on 30 July 2005. The vacant position was filled by SPLM leader Lt. General Salva Kiir Mayardiit.³ The CPA also required that the Institution of Presidency adopt a collegial decision-making process and consult with the vice presidents. This satisfies the executive branch reform as the CPA provides.

Immediately after establishing the Government of National Unity (GoNU) on 20 September 2005, the presidency started to develop the formation and staffing of many commissions and Committees as specified by the CPA. By the end of October and November 2005, the presidency issued decrees to establish the Assessment and Evaluation Commission, the National Petroleum Commission, the Fiscal and Financial Allocation and Monitoring Commission and the Technical Ad Hoc Border Committee, the Cease-fire Political Commission, and National Judicial Service Commission.⁴ The Secretary General’s report also suggests that the presidency received the report defining the borders of the Abyei area from the Abyei Boundary Commission in July 2005, but had yet to implement the decision.

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

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

Following the national census and the SPLM’s objection to the national census results, which should have taken place before 9 July 2007 as provided in the 2005 CPA, the presidency reached an agreement regarding the contested census results that provided for an additional 40 seats for the south in the new National Assembly. In addition, Southern Kordofan and Abyei would be allocated four and two seats, respectively, in the new assembly. The presidential and the parliamentary elections took place in April 2010. Elections across Sudan were held, fulfilling a CPA benchmark. Omar Hassan Ahmed Al Bashir was elected President of the Republic and Salva Kiir Mayardit President of the Government of Southern Sudan. According to the CPA’s power-sharing formula, the President of the Republic issued decrees (on 14 June 2010) appointing 35 Ministers and 42 State Ministers in the national government. The NCP was allocated 24 ministerial seats, the SPLM eight, and the other parties who had participated in the elections three. The newly-appointed ministers were sworn in on 16 June.⁵

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

No major changes took place in the composition of the Government of National Unity except for the cabinet reorganization of 14 February 2008. President Al-Bashir reshuffled NCP Ministers in the GoNU and reallocated portfolios of several Ministers of State.⁶

On14 October 2006, Eastern Sudan Peace Agreement was negotiated between the Eastern Front and the National Unity Government. In an effort to implement the accord, three leaders of the Eastern Front were appointed in the national unity government as Assistant to the President, Adviser to the President and the State Minister of Transport and Roads.⁷

On 11 October 2007, the SPLM recalled all of its ministers and presidential advisers from the government of national unity as many provisions of the CPA were either rejected or not implemented by the GoNU. In its decision to withdraw its participation in the GoNU, the SPLM gave four reasons: the lack of demarcation of the north-south border, problems with wealth-sharing (the oil), delayed withdrawal and no solution to Abyei.⁸ The SPLM alleged that the delay in the demarcation of the north-south border was a result of impediments caused by the NCP in the work of the border commission. Similarly, the SAF were also not withdrawn from the South, especially from the oil fields. The SPLM also alleged that there was no transparency on issue of wealth sharing. Finally, the SPLM was excluded from the management and development of the oil sector. On 12 December 2007, the parties reached an agreement to deal with these issues including issues related to entrust the security of the oil area to the Joint Integrated Units.⁹ Once the dispute resolved, President Al-Bashir issued a series of decrees appointing new SPLM ministers, state ministers and presidential advisors in the Government of National Unity (GoNU) on 26 December 2007. The new SPLM ministers were sworn in on 27 December 2007.¹⁰

Representatives of the Darfur Peace Agreement signatory parties also joined the National Assembly in 2007.¹¹ Similarly, after the Eastern Sudan Peace Agreement, the Eastern Front was allocated eight members in the National Assembly. Those members took their oath on 24 October 2007.¹²

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