DOCSLIB.ORG

A Summary of the Comprehensive Peace Agreement

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Summary of the Comprehensive Peace Agreement Accord 18_43 13/12/06 13:32 Page 32 A summary of the Comprehensive Peace Agreement Machakos Protocol (2002) Power Sharing (2004) Wealth Sharing (2004) A six-year interim period [dated from Sudan will have both a national A National Land Commission, 9 July 2005] is established during government with representation from Southern Sudan Land Commission which the southern Sudanese will both sides of the north-south conflict, and state land commissions are to be have the right to govern affairs in their and a separate Government of established. A National Petroleum region and participate equitably in Southern Sudan (GoSS). The Southern Commission is to be established to the national government. Sudan Constitution and state manage petroleum resources. constitution must comply with the Peace implementation is to be 2% of oil revenue will go to oil- Interim National Constitution. conducted in ways that make the producing states in southern Sudan unity of Sudan attractive. A Government of National Unity is in proportion to their output. The to be formed. There shall be a remaining net revenue will be divided After the interim period, southern decentralized system of government, evenly with 50% allocated to the GoSS Sudan will have the right to vote in an granting more power to individual and 50% allocated to the national internationally monitored referendum states. government. The GoSS has no power either to confirm Sudan’s unity or vote to negotiate any of the oil leases for secession. Positions in the state governments are granted by the national government to be split 70:30 in favour of the NCP Shari’a law is to remain applicable in prior to the CPA. in northern states (20% for other the north and parts of the constitution northern parties and 10% for the The National Government is able to are to be re-written so that shari’a SPLM) and 70:30 in favour of the SPLM collect revenue from personal income, does not apply to any non-Muslims in southern states (15% for other corporate and customs taxes; the GoSS throughout Sudan. The status of southern parties and 15% for the NCP). can collect revenue from personal shari’a in Khartoum is to be decided In Abyei, the Blue Nile State and Nuba income taxes, luxury taxes and by an elected assembly. Mountains the division will be 55% for business taxes in southern Sudan. the NCP and 45% for the SPLM. Taxes that can be collected by states are also outlined. A commission to The executive will consist of the ensure the transparency of collection Presidency and the Council of and use of revenues will be formed. Ministers. Two Vice-Presidents will be appointed by the President. The First Two banking systems will be formed Vice President is the Chair of the SPLM. in the two areas, with the Bank of Southern Sudan as a branch of the A bicameral national legislature will be Central Bank of Sudan. Essentially, the established: the National Assembly will dual banking system means that banks be comprised of specific percentages will be commonly stationed with two (NCP 52% SPLM 28% other northern different windows for service. parties 14% other southern parties 6%); two representatives from each Two separate currencies in the north state will be represented in the Council and south are to be recognized until of States. the Central Bank has designed a new currency that reflects the cultural Elections will be held by the end of the diversity of Sudan. third year of the interim period. National and southern funds for reconstruction and development will be established along with two multi- donor trust funds. Note: each summary includes relevant provisions from the corresponding implementation modalities agreement. 32 Accord 18 Accord 18_43 13/12/06 13:32 Page 33 The Resolution of the The Resolution of Conflict Security Arrangements Abyei Conflict (2004) in Southern Kordofan and (2003 & 2004) Blue Nile States (2004) Abyei will be accorded special During the six-year interim period, administrative status during the The two states will be represented at Joint Integrated Units (JIUs) of 21,000 interim period, following the definition the national level in proportion to their soldiers are to be formed with equal of the Abyei areas by the Abyei Border population size. At the state level, numbers from the Sudan Armed Commission. the NCP will comprise 55% and the Forces (SAF) and the SPLA. They are to be deployed to sensitive areas such as Abyei will have representation in the SPLM 45% of the State Executive and the three disputed areas and will be legislature of Southern Kordofan and State Legislature. commonly stationed but maintain Warap states; at the end of the six-year Southern Kordofan State (SKS): the separate command and control interim period, Abyei residents will southern portion of West Kordofan structures. If, after the interim period, vote in a referendum either to State (WKS) will be incorporated into the south decides to secede, the JIUs maintain special administrative the SKS. The state legislature will have will unify into a 39,000 strong force. status in the north or to become part 36 members from the SKS component of Bahr al-Ghazal (Warap) state in and 18 from the former WKS The SAF and the SPLA will also the south. component, subject to readjustment continue to operate as separate armies with both considered part of Sudan’s Wealth-sharing of oil revenues from following a census. The state executive National Armed Forces. Each army is Abyei is to be split between the will have 7 from SKS and 4 from WKS. to be downsized and the parties are north and south (50:42) with small Al-Fula will have branches of all state to implement demobilization, percentages of revenues allocated to ministries and institutions headed by disarmament and reintegration (DDR) other states and ethnic groups: 2% a deputy. The legislature will convene programmes. No other armed group each to: the Ngok Dinka people, the sessions alternatively at Kadugli and will be tolerated outside the umbrella Misseriyya people, Bahr al-Ghazal Al-Fula. of the three services. (Warap) state, and 1% each to Governorship of each state shall rotate Southern Kordofan state (SKS) and between the NCP and SPLM during There is to be a redeployment of the Western Kordofan sub-state the interim period. 91,000 SAF troops from the south to component of SKS. north within 2 years. The SPLA has Wealth sharing: the 2% of SKS oil due 8 months to withdraw its force from to the state is to be shared between the north. the two state components. The 2% share of Abyei’s oil due to the state A permanent cessation of hostilities is shall be equally divided between two provided for, detailing disengagement state components. The 2% forming and the creation of various committees the Misseriyya share in Abyei oil for enforcement and oversight. shall benefit the previous Western DDR and reconciliation are provided Kordofan component. for through a number of commissions. The legislature of the two states will Monitoring is to be carried out by a UN evaluate the implementation of mission to support implementation, as the CPA. provided for under Chapter VI of the State Land Commissions are to be UN Charter. established (in case decision clashes with National Land Commission and cannot be reconciled, the Constitutional Court will decide the matter). A summary of the Comprehensive Peace Agreement 33.
Load more

Recommended publications
  • United States Institute of Peace Association for Diplomatic Studies and Training Sudan Experience Project
    United States Institute of Peace Association for Diplomatic Studies and Training Sudan Experience Project Interview # 19 - Executive Summary Interviewed by: Haven North Initial Interview Date: August 22, 2006 Copyright 2006 USIP & ADST The Interviewee was a high-ranking U.S. official assigned to Sudan from 1992- 95. During this time, the war between the North and the South was being “prosecuted in a brutal way” and “relief operations were being interrupted.” The U.S. “representations or charges (to both sides) were considered by both Governments “without foundation.” Therefore, “the U.S. policy was one of denouncing the excesses of the Sudanese Government, and denouncing their policies such as giving aid and refuge to terrorist organizations.” The Sudanese Government denied these charges, but came to the table to end the rebellion in the South and forge better relations with the West and the U.S. The Clinton Administration was “not as supportive of the SPLA,” but supported the IGAD, even though we did not participate in the negotiations. Former U.S. Ambassadors to Sudan Petterson and Kontos, as a private initiative, met with government and non-government representatives of the North and South. Their conclusion was that, as long as the was going on, there could be no improvement in relations with the U.S., in Sudan’s economy, or in reducing repression and human rights violations. Their recommendations were that the “U.S. should take a direct and important part in an international effort to end the war between the North and South… and reestablish a diplomatic presence. ” These recommendations were rejected by the Clinton Administration.
    [Show full text]
  • (I): War in South Kordofan
    Sudan’s Spreading Conflict (I): War in South Kordofan Africa Report N°198 | 14 February 2013 International Crisis Group Headquarters Avenue Louise 149 1050 Brussels, Belgium Tel: +32 2 502 90 38 Fax: +32 2 502 50 38 [email protected] Table of Contents Executive Summary ................................................................................................................... i Recommendations..................................................................................................................... iii I. Introduction ..................................................................................................................... 1 II. The Roots of Persistent Conflict ....................................................................................... 3 A. Continued Marginalisation ........................................................................................ 4 B. Changing Ethnic Dynamics ....................................................................................... 8 III. Failure of the CPA ............................................................................................................. 11 IV. Outbreak of Fighting and the Still-born Framework Agreement ................................... 17 V. All-Out Conflict ................................................................................................................ 20 VI. The Humanitarian Crisis .................................................................................................. 27 VII. Regional and Wider
    [Show full text]
  • Sudan's Comprehensive Peace Agreement at One Year Of
    Working Paper Research Unit Middle East and Africa Stiftung Wissenschaft und Politik German Institute for International and Security Affairs Daniel P. Sullivan Sudan’s Comprehensive Peace Agreement at One Year of Age Cause for Celebration? Working Paper FG6, 2006/02 April 2006 Berlin Working papers are papers in the subject area of a Research Unit which are not officially published by SWP. These papers are either preliminary studies that later become papers published by SWP or papers that are published elsewhere. Your comments are always welcome. Table of Contents The Comprehensive Peace Agreement............. 1 SWP Stiftung Wissenschaft und Politik German Institute for International and The Status of CPA ImplementationImplementation.................................... 1 Security Affairs Power Sharing ...........................................................................1 Ludwigkirchplatz 3−4 10719 Berlin Phone +49 30 880 07-0 Wealth Sharing.........................................................................3 Fax +49 30 880 07-100 www.swp-berlin.org Security Arrangements ..........................................................3 [email protected] Abyei: Sudan’s Kashmir..........................................................5 Elections......................................................................................6 Role of International Community......................................6 ConclusionConclusion.......................................................................................................................................................
    [Show full text]
  • Looming Crisis Open Wounds in Abyei Increase Risk of New War
    Looming Crisis Open Wounds in Abyei Increase Risk of New War Maiwen Dot Pheot March 13, 2014 Introduction In Abyei, a small but strategically important disputed area on the border between Sudan and South Sudan, rising inter-communal tensions have resulted in a marked escalation in conflict in recent weeks. At this extremely sensitive moment in the nomadic Misseriya community’s seasonal migration across the Ngok Dinka homeland, these new dynamics could spark another war between Sudan and South Sudan, unless the international community acts immediately to enforce the pledge to demilitarize the area and arrest this trend. Armed youth and dissatisfied cadres within the South Sudanese army in the area seem to be interested in provoking a confrontation, both with the Misseriya community and the Sudanese government. Unaddressed anger around the South Sudan’s lukewarm response to the October 2013 referendum vote and the Ngok Dinka paramount chief’s killing has emboldened local armed actors. Armed groups aligned with South Sudan are increasingly moving to the northern parts of the area, actively confronting nomads and challenging the seasonal migration of the Misseriya community. In response to dramatically shifting realities on the ground as a result of South Sudan’s internal war, some in Abyei may be interested in instigating violence to attract international attention to the area’s unresolved status. For their part, the Misseriya are desperate to move their cattle further south in search of water and grazing pastures. Any threat to these pastoral routes raises the stakes of violence and the likelihood of bloodshed. This game of brinksmanship is putting both local communities and the broader region at great risk of war.
    [Show full text]
  • Abyei Area Referedum Act 2009
    In the Name of Allah Most Gracious Most Merciful ABYEI AREA REFEREDUM ACT 2009 DISCLAIMER: This translation has not yet been certified by the Ministry of Justice as the official English translation of the original Arabic text. The Arabic text adopted by the National Legislature and signed by the President on 31 December 2009, should prevail over this translation as the sole official text. This translation was carried out by using, whenever similar, the official English translation of the National Election Act of 2008 and of the Southern Sudan Referendum Act 2009. TRANSLATION BY UNMIS EAD 25/04/2010 In the Name of God, Most Gracious, Most Merciful National Assembly Legislation The National Legislature 9th Session ABYEI AREA REFERENDUM ACT 2009 Pursuant to the provisions of the Interim Constitution of the Republic of the Sudan (2005), the National Legislature adopted the following Act, which is signed by the President of the Republic: CHAPTER ONE Preliminary Provisions Title and Commencement 1. This Act shall be cited as “Abyei Area Referendum Act 2009”and shall come into force as from the date of signature. Definitions 2. In this Act, unless the context otherwise requires: “Referendum” Means the process of taking the opinions of the residents of the Abyei Area in accordance with the provisions of the Constitution and this Act, “Secretariat General” Means the Secretariat General of the Abyei Area Referendum Commission provided for under Section 18 of this Act, “Registration Card” Means the registration card issued by the Abyei Area Referendum
    [Show full text]
  • Permanent Court of Arbitration (PCA)
    PERMANENTPERMANENT COURT COURT OF OF ARBITRATION ARBITRATION ININTHETHE MATTER MATTER OF OFANANARBITRATIONARBITRATION BEFORE BEFORE A ATRIBUNALTRIBUNAL CONSTITUTEDCONSTITUTEDININACCORDANCEACCORDANCEWITHWITHARTICLEARTICLE55OFOFTHETHE ARBITRATIONARBITRATION AGREEMENTAGREEMENT BETWEENBETWEEN THETHE GOVERNMENTGOVERNMENT OFOF SUDANSUDAN ANDAND THETHE SUDANSUDAN PEOPLE’SPEOPLE’S LIBERATIONLIBERATION MOVEMENT/ARMYMOVEMENT/ARMY ON ON DELIMITING DELIMITING ABYEI ABYEI AREA AREA BETWEEN:BETWEEN: GOVERNMENTGOVERNMENT OF OF SUDAN SUDAN andand SUDANSUDAN PEOPLE’S PEOPLE’S LIBERATION LIBERATION MOVEMENT/ARMY MOVEMENT/ARMY MEMORIALMEMORIAL OF OF THE THE GOVERNMENT GOVERNMENT OF OF SUDAN SUDAN VOLUMEVOLUME II II ANNEXESANNEXES 1818 DECEMBER DECEMBER 2008 2008 Figure 1 The Area of the Bahr el Arab Figure 1 The Area of the Bahr el Arab ii ii Table of Contents Glossary Personalia List of Figures paras 1. Introduction 1-38 A. Geographical Outline 1-3 B. The Comprehensive Peace Agreement and the Boundaries of 1956 4-5 C. Abyei and the “Abyei Area” 6-9 D. Origins of the Dispute Submitted to the Tribunal 10-15 E. The Task of this Tribunal 16-36 (i) Key Provisions 16-18 (ii) The Dispute submitted to Arbitration 19-20 (iii) The Excess of Mandate 21-21 (iv) The Area Transferred 22-36 (a) The Territorial Dimension 22-30 (b) The Temporal Dimension 31-33 (c) The Applicable Law 34-35 (d) Conclusion 36-36 F. Outline of this Memorial 37-38 2. The Meaning of the Formula 39-56 A. Introduction 39-40 B. The Addis Ababa Agreement of 1972 41-42 C. Discussions leading to the CPA and the Abyei Protocol 43-55 D. Conclusions 56-56 3. The ABC Process 57-92 A. Introduction 57-58 B.
    [Show full text]
  • Race Against Time
    Race Against Time The countdown to the referenda in Southern Sudan and Abyei By Aly Verjee October 2010 Published in 2010 by the Rift Valley Institute 1 St Luke’s Mews, London W11 1DF, United Kingdom PO Box 30710 GPO, 0100 Nairobi, Kenya RVI Executive Director: John Ryle RVI Programme Director: Christopher Kidner Editors: Colin Robertson and Aaron Griffiths Design: Emily Walmsley and Lindsay Nash Cover Image: Peter Martell / AFP / Getty Images ISBN 978-1-907431-03-6 Rights: http://creativecommons.org/licenses/by-nc-nd/3.0/ Race Against Time Page 1 of 65 Contents Author’s note and acknowledgments About the author The Rift Valley Institute SUMMARY AND RECOMMENDATIONS INTRODUCTION THE REFERENDUM IN SOUTHERN SUDAN AND THE REFERENDUM IN ABYEI 1. The legal timetable 2. Can the referenda be delayed? 3. Possible challenges to the results THE REFERENDUM IN SOUTHERN SUDAN 4. Legal conditions the Southern Sudan referendum needs to meet 5. Who can vote in the Southern Sudan referendum? 6. Do Blue Nile and South Kordofan affect the Southern Sudan referendum? 7. The ballot question in the Southern Sudan referendum 8. Is demarcation of the north-south boundary a precondition for the referendum? 9. Policy decisions required for the referendum voter registration process 10. Could voter registration be challenged? 11. Could Southern Sudan organize its own self-determination referendum? THE REFERENDUM IN ABYEI 12. Why the Abyei referendum matters 13. Who can vote in Abyei? 14. How does the Abyei referendum affect the Southern Sudan referendum? LESSONS FOR THE REFERENDA FROM THE 2010 ELECTIONS 15. The organization of the NEC and SSRC 16.
    [Show full text]
  • The Contending Claim Over Abyei by Sudan and South Sudan: Challenges Ahead
    International Relations and Diplomacy, June 2020, Vol. 8, No. 06, 268-280 doi: 10.17265/2328-2134/2020.06.004 D D AV I D PUBLISHING The Contending Claim Over Abyei by Sudan and South Sudan: Challenges Ahead Diriba Mangasha Dabala Ambo University, Oromia, Ethiopia Tariku Raga Lencho Oromia State University, Oromia, Ethiopia This article focuses on examining entangled factors that complicate the claim over Abyei and have thereby hindered any peaceful settlement of the dispute on the county. Many works of literature that presented the conflict in Abyei as natural resource conflict or identity-driven within a broader picture of conflicts in Sudan are factually flawed and poorly explained the nature and causes of the conflict. This paper contends that multiplicity of factors has reinforced each other, thus these factors in unison created a stalemate and continuing claim over Abyei. In examining these interwoven factors, the paper employed a qualitative approach to conduct the study. Both primary and secondary data sources were used adequately. Various academic pieces of literature, researches, and conference reports have been used as secondary data sources. Key informant interviews were used to gather primary data to test secondary sources. Hence, the study comes up with three basic findings. First, claim over Abyei has been sustained by the elites’ manipulation of identity for their political and economic goals that hinder peaceful co-existence among communities in Abyei. Second, the competition over resources chiefly oil and locally, pasture and water complicated already fragile and tense relation by alluring national actors that even more protracted conflict on the ground to control these resources.
    [Show full text]
  • Sudan at the Crossroads: a Report on the Museum's Bearing Witness Trip
    SUDAN AT THE CROssrOADS A Report on the Museum’s Bearing Witness Trip 100 Raoul Wallenberg Place, SW Washington, DC 20024-2126 ushmm.org SUDAN AT THE CROssrOADS A Report on the Museum’s Bearing Witness Trip By Mike Abramowitz and Andrew Natsios From September 19 to October 3, 2010, Mike Abramowitz, Director of the United States Holocaust Memorial Museum’s Committee on Conscience and a former journalist, and Andrew Natsios, Distinguished Professor in the Practice of Diplomacy at Georgetown University and a former USAID Administrator and Presidential Special Envoy to Sudan, traveled throughout South Sudan to assess the conditions as it prepares for the January 9 referendum on independence from the North. They were joined by Lucian Perkins, a prize- winning photographer and journalist. They held meetings with close to 100 people, including the President and Vice President of South Sudan, six cabinet ministers in the Government of Southern Sudan (GoSS), the Speaker of the Southern Sudan Legislative Assembly, and the President of the Central Bank, as well as with UN staff, humanitarians and representatives from non-governmental organizations (NGOs), southern Sudanese opposition figures, church and civil society leaders, and average citizens of the South. They visited Juba, the capital of South Sudan, as well as two key southern state capitals, Rumbek and Malakal, in order to better understand local dynamics. They were not permitted to visit Khartoum, so this report is based on conversations with people they met in the South, some of whom travel regularly to the North. However, Mr. Natsios has had extensive interactions with northern leaders over the years.
    [Show full text]
  • Abyei: from a Shared Past to a Contested Future Dr Kwesi Sansculotte-Greenidge1 © K
    ISSUE # 007 Policy & Practice Brief May Knowledge for durable peace 2011 Abyei: From a Shared Past to a Contested Future Dr Kwesi Sansculotte-Greenidge1 © K. San K. © S culotte-Greenid G e 2011 e Introduction 1The Sudanese region of Abyei currently sits at the centre Omar Bashir also unilaterally dissolved the joint of a conflict between the north and south of what was North-South Abyei Administration; in addition to Africa’s largest state. While analysts have described the being unconstitutional the move serves only the situation in Abyei as “an intractable conflict”, this policy further inflames tensions in the region. Khartoum brief examines the current impasse, its historical context claimed the assault was in retaliation for the killing of 22 SAF soldiers by South Sudanese military forces in and the options available for breaking the deadlock and the region. The current crisis emerges in large part forestalling further conflict. The stalemate in the region from the intransigence of the parties and the inability has shown itself capable of pushing the two sides to of the international community to convince the full scale conflict as witnessed on 21 May 2011 when Sudanese People’s Liberation Movement (SPLM) that the Sudan Armed Forces (SAF) launched a coordinated they can prevent further reneging on agreed issues by attack on South Sudanese military personnel in the the National Congress Party (NCP)2. Additionally the contested region of Abyei. Sudanese President General 1. Kwesi Sansculotte-Greenidge is a Senior Researcher in the Photo: A prominent street sign in Juba, capital of South Knowledge Production Department at ACCORD.
    [Show full text]
  • The Issue of Oil and Disputed Areas in the Conflicts Between Sudan and South Sudan
    Journal of Global Peace and Conflict December 2020, Vol. 8, No. 2, pp. 12-18 ISSN: 2333-584X(Print), 2333-5858 (Online) Copyright © The Author(s). All Rights Reserved. Published by American Research Institute for Policy Development DOI: 10.15640/jgpc.v8n2a2 URL: http://=.doi.org/10.15640/jgpc.v8n2a2 The Issue of Oil and Disputed Areas in the Conflicts between Sudan and South Sudan Bithou M. Mayik1 & Erneo B. Ochi2 Abstract Utilization of oil resources and peaceful coexistence among communities bordering sisterly countries are imperative for sustainable development. The issue of oil and disputed areas in the conflicts between Sudan and South Sudan remain unabated. This paper sheds light on the causes, the socio-economic and political implications, and the possible strategies to resolve the conflicts over oil and borders between the two Sudans. Theories of social conflict, the cooperative, human needs as well as the conflict transformation and relevant literature were consulted. The major causes and implications of such conflicts in post-independent South Sudan were discussed. The paper reveals the consequential massive displacement of local inhabitants and loss of lives, reduced oil revenues, augmented political upheavals, and armed rebellions in the two Sudans. Seemingly, negotiations and litigations are some key strategies to resolve such devastating conflicts. The setting up of truths, political and reconciliation commission is highly needed to cease hostilities and resolve conflicts for sustainable socio-economic development of South Sudan and Sudan. Keywords: Conflicts, Agreements, Disagreements, Displacements, Disputes, Territories. 1. Introduction Oil is one of the key strategic esources incurring substantial economic benefits for sustainable development of the nations worldwide.
    [Show full text]
  • S/Res/2550 (2020)
    United Nations S/RES/2550 (2020) Security Council Distr.: General 12 November 2020 Resolution 2550 (2020) Adopted by the Security Council at its 8774th meeting, on 12 November 2020 The Security Council, Reaffirming all previous resolutions and Presidential statements concerning the situation in Abyei and along the border between Sudan and South Sudan and underlining the importance of full compliance with and implementation of these, Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of Sudan and South Sudan, and to the purposes and the principles of the Charter of the United Nations, and recalling the importance of the principles of good neighbourliness, non-interference and regional cooperation, Reiterating that the territorial boundaries of States shall not be altered by force, and that any territorial disputes shall be settled exclusively by peaceful means, affirming the priority it attaches to the full and urgent implementation of all outstanding issues from the Comprehensive Peace Agreement (CPA), underscoring that the future status of Abyei shall be resolved by negotiations between the parties in a manner consistent with the CPA and not by the unilateral actions of either party, and recalling prior agreements on the administration and security of the Abyei Area, Welcoming continued cooperation between the Government of the Republic of the Sudan and Government of the Republic of South Sudan in support of peace, security and stability, including the signing of the Juba Peace Agreement
    [Show full text]