Decentralization/Federalism: Sudan Comprehensive Peace Agreement
Implementations
Decentralization/Federalism – 2005
The 2005 CPA had provisions for the executive, legislative and judiciary at the state level. This provision was institutionalized by the 2005 interim constitution which was adopted by National Assembly and the SPLM National Liberation Council on 6 July 2005 and came into effect on 9 July 2005.1 The interim constitution’s article 24 provided that the Sudan is a decentralized state with the government at the national level, southern Sudan level of government, and state level of government and the local level of government. The constitution recognized autonomy status of the government of southern Sudan.
There are 25 states in Sudan: 15 in northern Sudan and 10 in southern Sudan. According to the CPA, prior to the elections in these states, the SPLM will have 70% of the positions in the executive and legislative branch of the state government in 10 southern states; and the National Congress Party will have 70% of the positions in 15 northern states. The remaining 20% positions both at the executive and legislative branch were allocated to other parties and groups.
According to the CPA provision, the President appointed governors for 14 northern states on 27 August 2005, and the governor of Southern Kordofan on 20 October 2005. Similarly, ten governors of southern states were appointed on 22 October 2005 by the first-vice president and president of southern Sudan.2 The southern state governments were sworn in December 2005.
No significant development took place in terms of state legislatures and state judiciary.
Decentralization/Federalism – 2006
By 19 December 2006, all of the fifteen Northern states had adopted a Constitution. The southern states had yet to adopt a constitution.3 In November 2006, chief judge of the Supreme Court of Southern Sudan announced the completion of appointments of all judges and justices in the 10 southern states.4
- “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, February 2009.
- “New Judges Appointed in 10 Southern Sudan States,” BBC Monitoring Middle East, November 2, 2006.
Decentralization/Federalism – 2007
After much wrangling over the compatibility of the constitution of southern states, all 10 southern states received compatibility certificate and adopted the state constitution by July 2007.1
Decentralization/Federalism – 2008
All states adopted their constitutions. The northern and southern states established power-sharing executive and legislative branches. This confirms the implementation of the 2005 CPA provision on decentralization/federalism.
Decentralization/Federalism – 2009
All states adopted their constitutions. The northern and southern states established power-sharing executive and legislative branches. This confirms the implementation of the 2005 CPA provision on decentralization/federalism.
Decentralization/Federalism – 2010
In April 2010, there were elections at the state level in which the SPLM candidate won the gubernatorial position in nine out of ten states in the South. In the Central Equatoria State of southern Sudan, an independent candidate won the election. NCP candidates won the elections for the office of Governor in thirteen out of fifteen Northern States. Gubernatorial elections in Southern Kordofan postponed as agreed upon by the CPA parties. In the Blue Nile State, the SPLM won the election. This completes the decentralization/federalism provision of the 2005 CPA as parties moved from power-sharing executive and legislature to the elected executive and legislature with no power-sharing arrangements.
Decentralization/Federalism – 2011
Provisions related to federalism/decentralization were implemented. Gubernatorial elections in South Kordofan took place in May 2011 in which the NCP candidate won the election. The result was disputed because the SPLM withdrew from vote sorting and did not recognize the result.5 The result dispute sparked clashes in the area. This issue still is contentious even after southern Sudan’s secession on 9 July 2011.