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From Dr. John Garang

TO      : ALL UNITS

001/01/2005 

1.      Yesterday, December 31st 2004, the SPLM and the Government of Sudan (GOS) signed two agreements: The first is on Comprehensive Ceasefire and is titled "Agreement on Permanent Ceasefire and Security Arrangements Implementation Modalities Between the Government of Sudan (GoS) and the Sudan People's Liberation Movement/ Sudan People's Liberation Army (SPLM/SPLA) During the Pre-Interim and Interim Periods". The second Agreement is on Implementation Modalities and is titled "Agreement Between the Government of Sudan (GoS) and the Sudan People's Liberation Movement/ Sudan People's Liberation Army (SPLM/SPLA) on Implementation Modalities of the Protocols and Agreements".

2.      The signing ceremony was attended by President Beshir of Sudan and President Mbeki of South Africa. On our side, representing  the SPLM/A, the Comprehensive Ceasefire Agreement was signed by CDR. Taban Deng Gai, while the Agreement on Implementation Modalities was signed by Dr. Samson Kwaje. As you can see all the regions of the New Sudan have been represented in signature of the eight agreements that we have so far signed. These two agreements and the six Protocols we had signed earlier constitute the Sudan Comprehensive  Peace Agreement (CPA). The IGAD Secretariat is now compiling these eight Protocols and Agreements into one document that shall become the CPA, and this will be signed in eight days time on January 9th 2005 in Nyayo Stadium in Nairobi.

3.      The Secretariat of Information (Attention: Dr Samson Kwaje) and the SPLM Reconciliation and Peace Commission (Attention: CDR James Kok) will arrange to send copies of the above two Agreements to all Fronts, Regions and Counties, so that our people are adequately informed on the real contents of these agreements rather than depending on hearsay and rumours. However, for now, the following highlights of the two agreements are being sent to you in this message for your information until when the full documents reach you. The highlights are:-

(a)   Highlights of the Comprehensive Ceasefire Agreement

 (1)   It is important for all units to know that the Comprehensive Ceasefire Agreement will come into effect from the date of signature of the comprehensive Peace Agreement (CPA), which will be signed on 9th January 2005.

(2)   Upon signature of the CPA and therefore the coming into effect of the Comprehensive Ceasefire on January 9th 2005, all the SPLA Officers, NCOs and men will be ordered to move to designated Assembly Areas for reorganization as those who will remain in the standing (Mother) SPLA, those who will go into Joint Integrated Units (JIUs), those who will be shifted to other organized forces (Police, Prisons Wildlife and Fire-fighters) and those who will go to the civil service and civil society organizations. As came in my recent messages, this reorganization will be made at SPLM/A GHQ in Rumbek and Ramchiel by the Cluster Committees of the SPLM-LC, which I formed, assisted by the associated Technical Committees as came in my messages. Members of these bodies are therefore here ordered to move to Rumbek and Ramchiel immediately to start working as the pace of events will be very fast and may overtake us.

 (3)   A third important highlight of the Comprehensive Ceasefire Agreement concerns funding of the Armed Forces. This was a very difficult issue to resolve as we argued that both the present GOS army, i.e Sudan Armed Forces (SAF) and the SPLA must be funded by the National Government because the Agreement says both forces "shall be considered and treated equally as Sudan's National Armed Forces (SNAF)" while the other side refused and resisted this demand. At the end we reached an important compromise, which must be understood correctly. We have agreed that: (a) SAF and all the JIUs will be funded by the Government of National Unity (GONU), while (b) the rest of the (Mother) SPLA shall be funded by the Government of South Sudan (GOSS). So, the big question is where will the GOSS get the money to fund the (Mother) SPLA. For this we have agreed, and I quote, that "to meet this obligation, the Government of Southern Sudan shall raise financial resources from both local and foreign sources and seek International assistance". Furthermore, we have agreed that " these financial resources shall be channelled through the Bank of South Sudan (BOSS) and managed according to the principles of the Wealth Sharing Protocol". So, nobody should listen to any rumours that anybody may create that the SPLA will not be taken funded, so some of our detractors may try to agitate along these lines. The SPLA will be funded by the GOSS and the GOSS has been empowered by the Peace Agreement and therefore by the Interim National constitution "to raise financial resources from both local and foreign sources and seek international assistance" in its own right, and such financial resources shall come directly through the Bank of Southern Sudan. Countries in the Region such as Ethiopia, Kenya, Eritrea, Uganda and Rwanda have far less national resources than Southern Sudan, and yet they are able to take care of their Armed Forces. There is therefore absolutely no reason why the Government of Southern Sudan would be unable to take care of the SPLA.

(4)   A fourth important highlight concerns Other Armed Groups (OAG), that is, the GOS militias. Like the funding of the two Armed Forces, this will also be a very difficult issue. The summary is that we have agreed that by (D + 6months) no any OAG shall be allowed to continue to have a separate existence outside the military command of either SAF or SPLA. This means that by the end of the Pre-interim period, all OAG shall have made their choices as to whether to be incorporated into either SAF or SPLA. We have also agreed that by (D + 12months) incorporation of all OAG into either SAF or SPLA shall have been completed. This means that six months into the Interim Period there must be nothing called OAG (militias). Any OAG outside the command of either SAF or SPLA by (D + 6months) or any OAG not incorporated into SAF or SPLA by (D + 6months) shall be considered as bandits and shall be dealt with accordingly by either or both SAF and SPLA or by UN Peace Keeping Forces.

 (5)   The Comprehensive Ceasefire Agreement is 49 pages long, but the above are the most immediate points that all units need to know. However, I encourage all units, and especially SPLA GHQ, to get a full copy of the Ceasefire Agreement and to study it thoroughly to know the obligations of the SPLA GHQ in the coming period.

(b) Highlights of the Implementation Modalities Agreement

This Agreement covers Implementation Modalities for the five Protocols and Agreements on: (1) Machakos Protocol, (2) Wealth Sharing, (3) Power Sharing, (4) Nuba Mountains and Southern Kordofan Agreement, (5) Agreement on Abyei.

The main highlights of the Implementation Modalities Agreement are the following:-

(1)   In the Power Sharing Agreement there were five contentious issues. The first was GOS insistence that the referendum on self determination at the end of six years should be conducted by the National Electoral Commission, while our position was that it should be conducted by a special Referendum Commission. We finally agreed on a special Referendum Commission rather than an Electoral Commission.

 (2)   The second issue was the mechanism for conducting the national population census. We agreed to establish a Population Census Council, formed by the Presidency, and consisting of representatives of GONU, GOSS, the Council of States, the States and Head of the Central Bureau of Statistics. We also agreed that the National Population Census will be conducted by the GONU Central Bureau of Statistics and the GOSS Centre for Statistics and Evaluation (the Centre for Statistics and Evaluation is an SPLM structure under Dr. Luka Biong, but when we form the GOSS it shall become a structure of GOSS).

(3)   The third issue concerned three Ministries at the national level, which the SPLM wanted abolished. These are: the Ministry of Defense whose role we argued should be taken over by the Joint Defense Board (JDB); the Ministry of Federalism Affairs, which will become redundant in the new political dispensation since the ten states in the South will be under the Government of South Sudan (GOSS); the Ministry of Endowment and Guidance which we argued to be an Islamic Ministry and therefore contradicts the Machakos Protocol. The issue of the Ministry of Defense was resolved by restricting its jurisdiction to SAF Affairs, while the SPLA will politically be under a Ministry for SPLA affairs in the GOSS, and at the national level under the Presidency, that is under the 1st Vice President, in his capacity as Commander-in-Chief of the SPLA, while both SAF and SPLA shall be coordinated through the JDB.

 (4)   The fourth problem was the appointment of State Governors and a related issue of appointment of judges of the Southern Sudanese judiciary, both of which the other side argued should be done by the Presidency. This problem was resolved as follows: (a) For Governors of the Northern States appointment will be made by the President of the Republic in consultation with the 1st Vice President; (b) For Governors of the Southern States appointment will be made by the President of the Government of South Sudan (GOSS) in consultation with the Vice President of GOSS; (c) For the establishment of the Judiciary of Southern Sudan and appointment of the President and Justices of Southern Sudan Supreme Court, Court of Appeal and Judges of other Southern Sudan courts, the appointment will be made by the President of GOSS.
 
(5) The fifth issue was establishment of State Legislature Notes. This was resolved as follows; - (a) for the Northern States, except for Southern Kordofan and Blue Nile, the State Legislature shall consist of between 30 and 48 members depending on consultation between the President of the Republic and the Governors of those States; (b) For the Southern States, the State Legislature shall consist of between 30 and 48 members depending on consultation between the President of Government of Southern Sudan (GOSS) and the Governors of those States; (c) For Southern Kordofan State the State Legislature shall consist of between 30 and 48 members depending on consultation between the Presidency and the Governor of Blue Nile State.

(6) In Wealth Sharing, the most difficult issue was the manner of transfer of 50% of net revenues to the GOSS. The other side insisted that the transfer be made in local currency. After long discussions, it was agreed that the transfer should be in foreign currency through the Bank of Southern Sudan (BOSS). The (BOSS) shall only be required to "provide the Central Bank of Sudan (CBOS) with relevant data as per Section 14.4 of the Wealth Sharing Agreement.

(7) On Abyei Implementation Modalities the main controversial issue was establishment of Abyei Area Boundaries Commission (ABC) and definition of the initial Abyei Area before the ABC completes its work, since the Abyei Executive Council would need to be formed and to operate from some Seat of Administration. The other side insisted that Abyei Area should initially consist of the small area south of the Kiir River (Bahr el Arab), which excludes Abyei Town itself. On these issues, we agreed that the ABC shall be established upon signature of the Agreement and that it should present its final report the Presidency shall set the end of the Pre-Interim Period, and that in case it delays the Presidency shall set up the Abyei Area Executive Council at the same time with the GOSS and the Governments of Southern Kordofan and Blue Nile States, with Abyei town as its seat, and in any case not later than the beginning of the Interim Period.

(8)On the two areas of Nuba Mountains and Southern Blue Nile, the most controversial issue concerned the merging of the two States of Western Kordofan and Nuba Mountains. The problems concerned the name of the new State, the capital of the new State (Kadugli of Fulla) and the size of the State Legislature and State Executive, and how these are apportioned between the former States and between the Parties (NCP), SPLM and others). On these issues the compromises were as follows: (a) We compromised on the name of the new State to be Southern Kordofan State, while the other side compromised of fifty four (54) members, thirty six from the previous Western Kordofan component including Abyei; (c) For the pre-election of the State Legislature, the GOS shall nominate Eighteen (18) members from the previous Southern Kordofan component and twelve (12) members from the previous Western Kordofan component of a total of 30 members, i.e., fifty five (55) per cent of the total of fifty four (54) members of the State Legislature; while the SPLM/A shall nominate Eighteen (18) members from the previous Western Kordofan component for a total of 24 members, 1.e., forty five (45) per cent of the total State Legislature of fifty four (54) members.

(9) The implementation Modalities Agreement is 101 pages long, but the above are the most immediate points, However, I encourage all units to get a full copy of the Implementation Modalities Agreement and to study it thoroughly to know your obligation in the coming period.

4.  The above are the main points or highlights of the two last Agreements we signed on 31/12/2004. As I said earlier these two agreements will be combined to make up the Comprehensive Peace Agreement (CPA), which will be signed on January 9th 2005. Many heads of states and international dignitaries will attend the signing ceremony of the CPA. It will be a public occasion and a historic even. If it were possible, the Movement would bring all our people to attend this historic ceremony, but that of course is not possible. However, those who can sponsor themselves to go to Nairobi to attend the signing ceremony are encouraged and welcomed to attend this important event.

5.  Comrades: Your Movement, the SPLM/SPLA, has delivered to you a just and honourably Peace Agreement, peace with dignity, and so you celebrate now and celebrate on January 9th when the CPA is finally signed. I pay tribute to our martyrs and wounded heroes and give congratulations to all SPLM/A officers, NGO's and men and to all our civil population and to the Sudanese people as a whole for this dawn of a jus and Comprehensive Peace Agreement and the beginning of a new era of peace, reconciliation, unity and prosperity for all Sudanese. I also thank and congratulate the SPLM/A delegation to the IGAD Peace Talks for successfully negotiating this Comprehensive Peace Agreement, which will completely change the Sudan beyond recognition.

6.      I assure you that more victories in the areas of development and provision of services to our people will follow signature of the CPA and its implementation. I assure you that the SPLAM/A and the Government of Southern Sudan (GOSS) that we will soon form as well as the Governments of the Nuba Mountains, Southern Blue Nile and Abyei will enable us take good care of all SPLM/A officers, NGO's and men and the people of New Sudan and Sudan as a whole for whose interests we went to war in the first place. I assure you that the SPLM and the Governments will not forget the widows and orphans of our martyrs in honour of their memory and as their right for which thy paid the ultimate sacrifice, their lives, which has enabled us to achieve the just and honourable peace which shall be signed in Nyayo Stadium, Nairobi, Kenya on January 9th 2005.

7.      The above is for your information, again millions of congratulation. Celebrate wherever you are! SPLA Oyee! SPLM  Oyee! New Sudan Oyee!