Agreements between the Government of the Sudan and SPLM II

Sudan, East Africa

Parties: Government of Sudan; Sudan People’s Liberation Movement (SPLM)

Type: Intra-state

The Parties to the Framework Agreement on Wealth Sharing agreed on equitable principles in relation to wealth sharing, including through transfers from the National Government to the Government of South Sudan. The Parties agreed that the wealth would be shared to promote the quality of life, dignity and living conditions of all the citizens without discrimination. The Parties agreed that Southern Sudan, and those areas in need of construction/reconstruction, would be brought up to the same average level of socio-economic and public services standard as the Northern states. The Parties agreed to establish a process to resolve the issue of land and natural resource ownership and to establish a National Land Commission as well as a Southern Sudan Land Commission, which would co-operate and co-ordinate their activities.

The Parties further agreed to Guiding Principles for the management and development of the petroleum sector during the Interim Period, including sustainable utilisation, consultation with communities and a stable macroeconomic environment. The Parties agreed to establish a National Petroleum Commission with representatives from the National and South Sudanese Governments. The Parties also agreed on Guiding Principles for sharing oil revenue, including to balance the needs for national development with the reconstruction of Southern Sudan. The Parties agreed that the National Government would legislate on sharing of non-oil revenues. The Parties agreed to build on this Agreement until a comprehensive Peace Agreement is reached. The Parties agreed that upon signature of a comprehensive Peace Agreement, the Parties would establish a Joint National Transition Team to be responsible primarily for budgeting for the establishment of the Governments at the National, Southern Sudan and state/regional levels in line with the comprehensive Agreement. The Parties agreed to establish a Southern Sudan Reconstruction and Development Fund (SSRDF) as well as a National Reconstruction and Development Fund.

The Parties to the Protocol on Power Sharing reaffirmed their acceptance of the Agreed Principles of Governance as stipulated in the Machakos Protocol. The Parties agreed to the establishment of the following government structures during the Interim Period: national level of Government; Southern Sudan level of Government; states throughout Sudan which would exercise authority at the state level; and local government. The Parties agreed to principles to guide the distribution of powers and the establishment of structures, including acknowledging both national sovereignty and South Sudanese autonomy, participation at all levels of government, good governance and protection of human rights. The Parties agreed to a decentralised system of government with significant devolution of powers and collaboration and cooperation between the different levels of government.

The Parties agreed to initiate a comprehensive process of national reconciliation and healing throughout the country as part of the peacebuilding process. Its mechanisms and forms would be worked out by the Government of National Unity. The Parties agreed to undertake a population census followed by general elections for all levels of government. Part II of the Protocol set out the institutions at the national level, including a Government of National Unity reflecting the need for inclusiveness, the promotion of national unity, etc. The Parties agreed to the establishment of an impartial and representative National Electoral Commission and a Human Rights Commission, amongst others. Part III provided for the Government of Southern Sudan and Part IV for institutions at state level. Part V contained the schedules setting out the exclusive competencies of the various levels as well as the areas of concurrent competence.

The Parties to the Protocol on the Resolution of Abyei Conflict agreed that for the Interim Period Abyei would be accorded special administrative status, administered by a local Executive Council and with net oil revenues from Abyei divided between the National, Southern Sudan, regional and local levels. The Parties agreed that the National Government would provide Abyei with assistance to improve the lives of the peoples, including urbanisation and development projects. The Parties agreed that simultaneously with the referendum for Southern Sudan, the residents of Abyei would cast a separate ballot to maintain special administrative status in the North or become part of Bahr el Ghazal. The Parties agreed to establish an Abyei Resettlement, Construction and Development Fund to handle relief, repatriation, resettlement, reintegration, rehabilitation and reconstruction programmes in the area. The Parties agreed to establish an Abyei Area Council to ensure public participation. Provisions were made for the determination of geographic boundaries, residents and security arrangements. The Parties agreed that the Presidency would start a peace and reconciliation process for Abyei.

The Parties to the Protocol on the Resolution of Conflict in Southern Kordofan/ Nuba Mountains and Blue Nile States agreed to solve the problems in Southern Kordofan/Nuba Mountains and Blue Nile States as a model for solving problems throughout the country. The Parties agreed on General Principles as the basis for political, administrative, economic and social solutions to the conflict, including guarantees of human rights, development of infrastructure and protection of diverse cultural heritage. The Parties agreed to submit this agreement to popular consultation and endorsement in the two States. The Parties agreed to the structure, election and functions of the state government, as well as the modalities for state sharing in the national wealth. The Parties agreed to establish a State Land Commission in each of the states.

The Parties to the Nairobi Declaration reaffirmed their commitment to the previous agreements, including the Machakos Protocol and the five protocols adopted thereafter. The Parties committed to conclude a peaceful, durable, negotiated solution to the longstanding conflict in the Sudan, resolve the root causes of the conflict and violence, and finalise the outstanding matters on the ceasefire and Modalities of Implementation of the Comprehensive Peace Agreement.

The Parties to the Permanent Ceasefire Agreement agreed that national ownership of the peace process, political will and continuous dialogue are indispensable elements for sustainable peace, and committed to unceasingly create and maintain a conducive atmosphere for peace and tranquillity. The Parties agreed to engage the other armed groups and political forces to become part of the peace process and committed to immediately release prisoners of war and, as a gesture of national reconciliation, release any other persons detained as a result of the war. The Parties agreed to assist displaced persons, refugees and other affected persons to return. The Parties agreed to promote and disseminate peace culture and confidence-building measures among and between the people. The Parties agreed to expedite the process of incorporation and reintegration of armed groups allied to either Party, into their armed forces, other organised forces, the civil service and civil societal institutions. The Parties agreed that the two Armed Forces would be regular, professional and non-partisan and would respect the rule of law and civilian government, democracy, basic human rights and the will of the people. The Parties would jointly develop a code of conduct for the members of all armed forces. The Parties agreed to establish Joint/Integrated Units from the SAF and the SPLA, which would form the nucleus of the future Sudanese National Armed Forces, if the referendum confirmed unity. The Parties agreed that a DDR programme would take place within a comprehensive process of national reconciliation and healing throughout the country, as part of the peace and confidence-building measures.

In the Chapeau of the Comprehensive Peace Agreement (CPA) the Parties agreed to commence with the Pre-Interim and thereafter the Interim Period and to comply with the obligations and commitments in the preceding protocols and agreements constituting the CPA, namely the Machakos Protocol, dated 20 July 2002, which was set out in Chapter I of the CPA; the Agreement on Security Arrangements, dated 25 September 2003, which was set out in Chapter VI of the CPA; the Agreement on Wealth Sharing, dated 7 January 2004, which was set out in Chapter III of the CPA; the Protocol on Power Sharing, dated 26 May 2004, which was set out in Chapter II of the CPA; the Protocol on the Resolution of the Conflict in Southern Kordofan and Blue Nile States, dated 26 May 2004, which was set out in Chapter V of the CPA; and the Protocol on the Resolution of the Conflict in Abyei Area, dated 26 May 2004, which was set out in Chapter IV of the CPA.