Demobilization: Sudan Comprehensive Peace Agreement

Written by

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)

Police Reform: Sudan Comprehensive Peace Agreement

Written by

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.

Military Reform: Sudan Comprehensive Peace Agreement

Written by

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.

Judiciary Reform: Sudan Comprehensive Peace Agreement

Written by

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.

Dispute Resolution Committee: Sudan Comprehensive Peace Agreement

Written by

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.

Truth or Reconciliation Mechanism: Sudan Comprehensive Peace Agreement

Written by

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.

Civil Administration Reform: Sudan Comprehensive Peace Agreement

Written by

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.

Decentralization/Federalism: Sudan Comprehensive Peace Agreement

Written by

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.

Territorial Powersharing: Sudan Comprehensive Peace Agreement

Written by

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.

Electoral/Political Party Reform: Sudan Comprehensive Peace Agreement

Written by

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;