Boundary Demarcation: Sudan Comprehensive Peace Agreement

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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.

Inter-ethnic/State Relations: Sudan Comprehensive Peace Agreement

Written by

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.

Constitutional Reform: Sudan Comprehensive Peace Agreement

Written by

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.

Legislative Branch Reform: Sudan Comprehensive Peace Agreement

Written by

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.

Executive Branch Reform: Sudan Comprehensive Peace Agreement

Written by

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.

Powersharing Transitional Government: Sudan Comprehensive Peace Agreement

Written by

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.

Cease Fire: 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 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.

Withdrawal of Troops: National Pact

Written by

TITLE II: ON THE FINAL CESSATION OF HOSTILITIES AND ON THE SETTLEMENT OF QUESTIONS EMERGING FROM THE SITUATION OF ARMED CONFLICT

66. 7. Within sixty days following the signature of the Pact, a programme will be put into effect comprised of the following measures:

B -In addition, and in the same spirit of restoring confidence, eliminating factors of insecurity and installing an atmosphere of permanent security, there will be a substantial, gradual and appropriate reduction of the armed forces presently in the North, leading to the withdrawal of the majority. This operation will be carried out in accordance with:

-the final ending of hostilities, according to the ceasefire determined in paragraph 5 above.

Detailed Implementation Timeline: National Pact

Written by

TITLE VI ON THE TIMETABLE FOR IMPLEMENTATION OF THE ARRANGEMENTS OF THIS NATIONAL RECONCILIATION PACT

62. The two parties are committed to respect the inseparable nature of the totality of the clauses in the present Pact. In order to ensure an smooth implementation, free from disagreement or misunderstanding, the two parties have agreed to the following timetable for implementation:

63. 72 hours after its signature on Malian soil by both parties, the present Pact shall be published in the Official Journal of the Republic of Mali by the President of the Transitional Committee for the Salvation of the People (CTSP).

64. The ceasefire shall start at zero hour on the day following the signature.

65. The whole of the arrangements pertaining to the final cessation of hostilities, described under Title II of the present Pact, shall be put into effect at the same time and within 60 days of signature, under the supervision and control of the Ceasefire Commission.

The Independent Commission of Enquiry will be put in place within 15 days after the signature of the Agreement. As agreed, the Commission will submit its findings less than four months after its installation. The appropriate judicial and other authorities will be informed of its conclusions within 45 days after the report reaches the Head of State. In case there should be delays in finalising the composition of the Commission, the arrangements outlined in paragraph 13 of the present Pact will come into effect, in order to allow the Independent Commission of Enquiry to begin its work.

67. Within 60 days after the signing of the Pact, an appointment shall be made, in consultation with the Movements, to the post of Commissioner for the North of Mali, responsible for the implementation of the present Pact for a period of five years.

68. Within 30 days after signature of the Pact, shall be created and financed the Fund for development and reinsertion of displaced populations, and the Fund for assistance and compensation to victims of all the consequences of the armed conflict.

69. The programme for voluntary repatriation of Northern populations displaced within the countries of the sub-region, will be launched 60 days after signature of the Pact, with the assistance of the host countries as well as of friendly countries and international humanitarian organisations, and in coordination between the State and the Movements. This programme shall be completed within 60 days with the assistance for reinsertion provided from the Funds cited in paragraph 68 above. During this period, assistance will also be provided to persons displaced within the country and who have suffered because of the conflict.

70. 130 days after the signing of the Pact, which will be 10 days after the completion of the repatriation programme, by-elections shall be organised for the seats in the National Assembly which have been created ad hoc for the first legislature, in favour of those populations from the North of Mali which have been displaced.

71. The exceptional integration into the National Defence and public and semipublic Administration, of officials from the Movements and populations of the North of Mali, shall be completed two months after signature of the Pact. A period shall be allowed for those selected to take up their posts.

72. Three months after the signing of the present Pact, the appropriate executive and legislative authorities shall begin to prepare the necessary measures for the creation of the Assemblies, and the specific mechanisms pertaining to the Communes, Arrondissements, Cercles, Regions and to the inter-regional Assembly. These measures shall be drafted in accordance with the irrevocable clauses of the present Pact. They shall be prepared in close collaboration with the Commission for Supervision of the Pact and the Commissioner for the North of Mali.

73. Elections shall be organised 6 months after the signature of the present Pact, for the Commune, Arrondissement, Cercle, Regional Assemblies. The interregional Assembly shall be constituted one month after the election for the Regional Assemblies. The installation of the Executives and Permanent Secretariats attached to the Assemblies and described under Title V of the present Pact, shall take place within one month of their respective creations.

74. In the interval between the signing of the present Pact and the coming into effect of the new local institutions for the North of Mali, the Commission for Supervision and the Commissioner for the North will jointly ensure that the arrangements of the present Pact are enforced, in particular insofar as these concern the security of the populations and the territory of the North of Mali, the reinsertion of displaced persons, assistance to victims, and the preparation of measures outlined in the Pact.

75. 6 months after the signing of the present Pact:

A -the special army units will be created which will be open to all sections of the local populations, whose mission will be limited to the preservation of the integrity and external security of the country’s frontiers, and which are described in the last line of paragraph 7.A. above;

B -the special programme for the development of the North of Mali will be launched, in accordance with the arrangements under Title IV paragraph 47 to 50;

C -the preferential fiscal regime to attract investment will be announced and applied in the North of Mali in accordance with the arrangements under Title V paragraph 51;

D -the process of redefining communal and administrative boundaries in the North of Mali will be launched, as described under paragraph 37 above, and shall be completed at the end of the year following the signature of the present Pact.

Donor Support: National Pact

Written by

TITLE V SUB-REGIONAL AND INTERNATIONAL COOPERATION IN THE SERVICE OF PEACE AND DEVELOPMENT

60. The Republic of Mali commits itself furthermore to request actively the support of relevant international Organisations (UNDP, IFAD, WFP, UNESCO, ADB, IDB …) to help redress the economic, social and cultural disadvantage of the North of Mali.

61. Finally the Republic of Mali will request friendly countries to join it within a framework of intergovernmental cooperation, to train or retrain young people from the displaced populations of Northern Mali who have not had the opportunity to receive training, or who have been obliged to interrupt it, or who have received training abroad.