Powersharing Transitional Government: Sudan Comprehensive Peace Agreement

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Powersharing Transitional Government: Sudan Comprehensive Peace Agreement

Implementations

Powersharing Transitional Government – 2005

There was considerable delay in the establishment of the Government of National Unity (GoNU). The CPA provided that the GoNU be established within six months of the signing of the CPA or by 9 July 2005. The dispute over the allocation of energy and mining ministerial portfolio between the National Congress Party (NCP) and the SPLM caused the delay in the formation of the national unity government. Nevertheless, the three member presidency was inaugurated on 9 July 2005. Omer Hassan Ahmed Al-Bashir was sworn in as President, John Garang de Mabior as First Vice President and Ali Osman Mohamed Taha as Vice President. The First Vice President, Dr. Garang, was killed in a helicopter crash on 30 July 2005. The vacant position was filled by SPLM leader Lt. General Salva Kiir Mayardiit.1

President Bashir issued four decrees on 20 September 2005 establishing the GoNU. The CPA formula of power-sharing was followed in the formation of the unity government. The GoNU included one presidential assistant, 12 presidential advisors, 28 federal ministers and 33 state ministers. The NCP retained five sovereign ministries (Presidency, Interior, Justice, Defence and Federal Government), six economic ministries (Finance, Energy, Irrigation, Agriculture, International Cooperation and Animal Resources) and four service ministries (Labour and Public Service, Culture and Youth, Social Welfare and Guidance and Endowment). The SPLM received two sovereignty ministries (Council of Ministers and Foreign Affairs), three economic ministries (Foreign Trade, Investment and Transportation) and three service ministries (Health, Humanitarian Affairs and Higher Education). The disputed energy and mining ministry was retained by the president’s party NCP.2 The opposition umbrella group, the National Democratic Alliance (NDA) received two ministerial seats on 27 November 2005.3 Other opposition parties did not show interest in joining the GoNU.

As agreed, the National Legislature (the National Assembly and the Council of States) was formed and convened on 31 August 2005. Ahmed Ibrahim El-Tahir (NCP) was elected Speaker for the National Assembly and Atim Garang Deng (SPLM) Deputy Speaker. Ali Yahia (NCP) was elected Speaker and Remo Olair (SPLM) Deputy Speaker of the Council of States. In the 450 member National Assembly, the NCP had 234 seats, SPLM 126 seats, Northern political forces 55 seats, Southern political forces 27 seats, and the remaining eight seats were designated for national personalities. Similarly, the power-sharing formula was adopted in allocating 19 standing specialized committees in the National Assembly. The NCP chaired ten committees, SPLM five, other Northern political forces three and the other Southern political forces one.4

Consistent with the CPA provision, Mr. John Aungi Kasiba from SPLM and Dr. Wahabi Mohamed Mukhtar from NCP were appointed as Deputy Chief Justices. Mr. Jalal-Eddin Mohamed Osman from NCP was appointed as Chief Justice. These appointments were made on 28 November 2005. Similarly, the president and members of the Constitutional Court were sworn in on 31 December 2005.

  1. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, March 2006.
  2. Ibid.
  3. Ibid.
  4. Ibid.

Powersharing Transitional Government – 2006

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

Powersharing Transitional Government – 2007

On14 October 2006, Eastern Sudan Peace Agreement was negotiated between the Eastern Front and the National Unity Government. In an effort to implement the accord, three leaders of the Eastern Front were appointed in the national unity government as Assistant to the President, Adviser to the President and the State Minister of Transport and Roads.1

On 11 October 2007, the SPLM recalled all of its ministers and presidential advisers from the government of national unity as many provisions of the CPA were either rejected or not implemented by the GoNU. In its decision to withdraw its participation in the GoNU, the SPLM gave four reasons: the lack of demarcation of the north-south border, problems with wealth-sharing (the oil), delayed withdrawal and no solution to Abyei.2 The SPLM alleged that the delay in the demarcation of the north-south border was a result of impediments caused by the NCP in the work of the border commission. Similarly, the SAF were also not withdrawn from the South, especially from the oil fields. The SPLM also alleged that there was no transparency on issue of wealth sharing. Finally, the SPLM was excluded from the management and development of the oil sector. On 12 December 2007, the parties reached an agreement to deal with these issues including issues related to entrust the security of the oil area to the Joint Integrated Units.3 Once the dispute resolved, President Al-Bashir issued a series of decrees appointing new SPLM ministers, state ministers and presidential advisors in the Government of National Unity (GoNU) on 26 December 2007. The new SPLM ministers were sworn in on 27 December 2007.4

Representatives of the Darfur Peace Agreement signatory parties also joined the National Assembly in 2007.5 Similarly, after the Eastern Sudan Peace Agreement, the Eastern Front was allocated eight members in the National Assembly. Those members took their oath on 24 October 2007.6

  1. “Report of the Secretary General on the Sudan,” United Nations (S/2007/500), August 20, 2007.
  2. “Sudan; South Quits Unity Government,” Africa News, October 11, 2007.
  3. “Report of the Secretary General on the Sudan,” United Nations (S/2008/64), January 31, 2008.
  4. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, February 2009.
  5. Ibid.
  6. Ibid.

Powersharing Transitional Government – 2008

No major changes took place in the composition of the Government of National Unity except for the cabinet reorganization of 14 February 2008. President Al-Bashir reshuffled NCP Ministers in the GoNU and reallocated portfolios of several Ministers of State.1

  1. Ibid.

Powersharing Transitional Government – 2009

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

Powersharing Transitional Government – 2010

Following the national census and the SPLM’s objection to the national census results, which should have taken place before 9 July 2007 as provided in the 2005 CPA, the presidency reached an agreement regarding the contested census results that provided for an additional 40 seats for the south in the new National Assembly. In addition, Southern Kordofan and Abyei would be allocated four and two seats, respectively, in the new assembly. The presidential and the parliamentary elections took place in April 2010. Elections across Sudan were held, fulfilling a CPA benchmark. Omar Hassan Ahmed Al Bashir was elected President of the Republic and Salva Kiir Mayardit President of the Government of Southern Sudan. According to the CPA’s power-sharing formula, the President of the Republic issued decrees (on 14 June 2010) appointing 35 Ministers and 42 State Ministers in the national government. The NCP was allocated 24 ministerial seats, the SPLM eight, and the other parties who had participated in the elections three. The newly-appointed ministers were sworn in on 16 June.1

  1. “The CPA Monitor-Monthly report on the Implementation of the CPA,” UNMIS, December 2010.

Powersharing Transitional Government – 2011

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