|
Protocol
Between
THE GOVERNMENT OF SUDAN
(GOS) AND THE SUDAN PEOPLE’S LIBERATION MOVEMENT (SPLM)
ON
POWER SHARING in
Naivasha, Kenya, Wednesday, May 26,
2004
PREAMBLE:
CONSCIOUS of the need for an expeditious termination of
Sudan's protracted and costly war;
MINDFUL AND AWARE of the yearning of all the Sudanese
for a quick, just and sustainable peace;
ENCOURAGED by the progress made thus far in our pursuit
for realizing comprehensive Peace Agreement in the
Sudan;
DETERMINED to crown the valuable achievement of this
Peace Process by arriving at an equitable and fair
formula for sharing power in the Sudan;
RESOLVED to usher in an era of responsible, just,
transparent, people-led and integrity based governance;
CONVINCED that decentralization and empowerment of all
levels of government are cardinal principles of
effective and fair administration of the country;
COGNIZANT of the fact that the smooth and successful
implementation of this agreement shall, to a large
measure, hinge on rallying the majority of the Sudanese
people behind it; and
CONVINCED that the successful implementation of this
agreement shall provide a model for good governance in
Sudan that shall help to create a solid basis to make
unity of the country attractive and preserve peace.
NOW THEREFORE, the Government of the Sudan (GOS) and the
Sudan People’s Liberation Movement (SPLM) hereby agree
as follows:-
PART
I 1.
GENERAL PRINCIPLES
1.1 In accordance with the Machakos Protocol agreed to
at Machakos, Kenya, on 20th July, 2002, the following
Protocol on Power Sharing forms an integral part of the
overall Peace Agreement.
1.2 The Parties reaffirm their acceptance of the Agreed
Principles (of Governance) as stipulated in the Machakos
Protocol of 20th July, 2002. The modalities of
implementation of these principles are the object of the
present Protocol on Power Sharing.
1.3 In accordance with the Machakos Protocol, the
structures of governments in the Sudan shall be as
follows during the Interim Period:-
1.3.1 The National level of Government which shall
exercise authority so as to protect and promote the
national sovereignty of Sudan and the welfare of its
people;
1.3.2 The Southern Sudan level of Government which shall
exercise authority in respect of the people and States
in the South;
1.3.3 The States throughout Sudan which shall
exercise authority at the state level and render public
services through the level of government close to the
people; and
1.3.4 The level of local government throughout the
Sudan.
1.4 The Parties agree that the following principles
shall guide the distribution of powers and the
establishment of structures:
1.4.1 Recognition of both the sovereignty of the nation
as vested in its people as well as the need for autonomy
of the Government of Southern Sudan and States
throughout the Sudan;
1.4.2 Affirmation of the need for both national as well
as state and Southern Sudan norms and standards so as to
reflect the unity of the country and the diversity of
the Sudanese people;
1.4.3 Acknowledgement of the need to promote the welfare
of the people and protect their human rights and
fundamental freedoms;
1.4.4 Recognition of the need for the involvement and
participation of the people of South Sudan at all levels
of government and National institutions as an expression
of the national unity of the country;
1.4.5 Pursuit of good governance, accountability,
transparency, democracy, and the rule of law at all
levels of government to achieve lasting peace;
1.4.6 Recognizing the need to legitimize the
arrangements agreed to herein, fair electoral laws shall
be adopted, including the free establishment of
political parties. Elections at all levels of government
shall be held by universal adult suffrage.
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 inter-governmental
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.
1.6 Human Rights and Fundamental Freedoms:
1.6.1 The Republic of the Sudan, including all levels of
Government throughout the country, shall
comply fully with its obligations under the
international human rights treaties to which it is or
becomes a party. These include the International
Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural
Rights, the International Convention on the Elimination
of All Forms of Racial Discrimination, the Convention on
the Rights of the Child, the Slavery Convention of 1926,
as amended, and the related Supplementary Convention,
the International Convention on the Suppression and
Punishment of the Crime of Apartheid, the International
Convention Against Apartheid in Sports, the Convention
Relating to the Status of Refugees and the Related
Protocol, and the African Charter on Human and
People’s Rights. The Republic of the Sudan
should endeavor to ratify other human rights treaties
which it has signed.
1.6.2. The rights and freedoms to be enjoyed under
Sudanese law, in accordance with the provisions of the
treaties referred to above, include in particular the
following:-
1.6.2.1 Life
Every human being has the inherent right to life. This
right shall be protected by law. No one shall be
arbitrarily deprived of his/her life;
1.6.2.2 Personal Liberty
Everyone has the right to liberty and security of
person. No one shall be subjected to arbitrary
arrest or detention. No one shall be deprived of
his/her liberty except on such grounds and in accordance
with such procedures as are established by law;
1.6.2.3 Slavery
No one shall be held in slavery; slavery and the slave
trade in all their forms shall be prohibited. No
one shall be held in servitude or be required to perform
forced or compulsory labour;
1.6.2.4 Torture
No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment;
1.6.2.5 Fair Trial
(a) Anyone who is arrested shall be informed, at the
time of arrest, of the reasons for his/her arrest and
shall be promptly informed of any charges against
him/her;
(b) In the determination of any criminal charges against
him/her, or of his/her rights and obligations in a suit
at law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial
tribunal established by law;
(c) Everyone charged with a criminal offence
shall have the right to be presumed innocent until
proved guilty according to law;
(d) No one shall be held guilty of any criminal
offence on account of any act or omission which did not
constitute a criminal offence under national or
international law at the time when it was committed;
(e) In the determination of any criminal charge
against him/her, everyone shall be entitled, in full
equality, to be tried without undue delay, to be tried
in his/her presence and to defend himself/herself in
person or through legal assistance of his/her own
choosing and to have legal assistance assigned to
him/her in any case where the interests of justice so
require.
1.6.2.6 Privacy
No one shall be subjected to arbitrary or unlawful
interference with his/her privacy, family, home or
correspondence;
1.6.2.7 Freedom of Thought, Conscience and Religion
Everyone shall have the right to freedom of thought,
conscience and religion;
1.6.2.8 Freedom of Expression
Everyone shall have the right to freedom of
expression;
1.6.2.9 Freedom of Assembly and Association: The right
of peaceful assembly shall be recognized. Everyone
shall have the right to freedom of association with
others, including the right to form and join trade
unions for the protection of his/her interests;
1.6.2.10 Family and Marriage
(a) The family is the natural and fundamental group unit
of society and is entitled to protection by society and
the State;
(b) The right of men and women of marriageable age to
marry and to found a family shall be recognized,
according to their respective family laws.
1.6.2.11 Right to Vote
Every citizen shall have the right and the opportunity,
without distinctions and unreasonable restrictions, to
vote and to be elected at genuine periodic elections,
which shall be by universal and equal suffrage and shall
be held by secret ballot, guaranteeing the free
expression of the will of the electors;
1.6.2.12 Equality Before the Law
All persons are equal before the law and are entitled
without any discrimination to the equal protection of
the law;
1.6.2.13 Freedom from Discrimination: The law shall
prohibit any discrimination and guarantee to all persons
equal and effective protection against discrimination on
any ground such as race, colour, sex, language,
religion, political or other opinion, national or social
origin, property, birth or other status;
1.6.2.14 Freedom of Movement
Everyone has the right to liberty of movement and
freedom to choose his/her residence;
1.6.2.15 The Rights of Children
Every child shall have, without any discrimination
as to race, colour, sex, language, religion, national or
social origin, property or birth, the right to such
measures of protection as are required by his/her status
as a minor.;
1.6.2.16 Equal Rights of Men and Women
(a) The equal right of men and women to the enjoyment of
all civil and political rights set forth in the
International Covenant on Civil and Political Rights and
all economic, social, and cultural rights set forth in
the International Covenant on Economic, Social and
Cultural Rights shall be ensured;
(b) The human rights and fundamental freedoms embodied
in the International Covenant on Civil and Political
Rights (ICCPR) shall also be reflected in the Interim
National Constitution. No derogation from these
rights and freedoms shall be made under the Constitution
or under the ICCPR except in accordance with the
provisions thereof and only with the approval of the
Presidency and the National Legislature, as required by
Section 2.3.14 herein;
(c) These human rights and fundamental freedoms shall be
monitored by the Human Rights Commission specified in
paragraph 2.10.1.2 herein.
1.7 Reconciliation:
The Parties agree to initiate a comprehensive process of
national reconciliation and healing throughout the
country as part of the peace building process. Its
mechanisms and forms shall be worked out by the
Government of National Unity.
1.8 Population Census, Elections and Representation:
1.8.1 Population census throughout the Sudan shall be
conducted and completed by the end of the second year of
the Interim Period;
1.8.2 The preparation, planning and organization for the
census shall commence as soon as the Peace Agreement is
signed;
1.8.3 General Elections at all levels of government
shall be completed by the end of the third year of the
Interim Period;
1.8.4 Six months before the end of the periods referred
to in Sub-Paragraphs. 1.8.1 and 1.8.3 the Parties shall
meet and review the feasibility of the dates set out in
the above-mentioned sub-Paragraphs.
1.8.5 Certain considerations, while not conditional
upon their completion, should be taken into account with
respect to the timing of the elections (including, inter
alia, resettlement, rehabilitation, reconstruction,
repatriation, building of structures and institutions,
and consolidation of the Peace Agreement);
1.8.6 Whoever runs in any election must respect, abide
by, and enforce the Peace Agreement;
1.8.7 International observers shall participate in the
observation of elections;
1.8.8 Representation of the north and the south at the
National level shall be based on population ratio;
1.8.9 The percentages agreed herein are temporary and
shall either be confirmed or adjusted on the basis of
the census results.
PART
II
2. INSTITUTIONS AT THE NATIONAL LEVEL:
2.1 During the Interim Period, the Institutions at the
National level shall consist of:-
2.1.1 The Legislature;
2.1.2 The Executive;
2.1.3 The Judiciary; and
2.1.4 The Institutions and Commissions specified
in this Agreement and the Interim National Constitution;
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.
2.2.5 Prior to the Parliamentary elections, the seats of
the National Assembly shall be allocated as follows:
(a) National Congress Party (NCP) shall be
represented by Fifty Two Per Cent (52%);
(b) Sudan People’s Liberation Movement (SPLM)
shall be represented by Twenty Eight Per Cent (28%);
(c) Other Northern political forces shall be
represented by Fourteen Per Cent (14%);
(d) Other Southern political forces shall be
represented by Six Percent (6%);
2.2.6 Both Chambers of the National Legislature
shall approve the allocation of resources and revenues,
in accordance with the agreement of Wealth Sharing. The
National Assembly shall approve the annual National
budget.
2.2.7 Amendments to the National Constitution
shall require:-
2.2.7.1 The approval of three-quarters (75%) of all the
members of each chamber, both chambers sitting
separately, and only after introduction of the draft
amendment at least two months prior to debate;
2.2.7.2 Amendments to the Interim National Constitution
affecting the provisions of the Peace Agreement may be
introduced only with the approval of both Parties
signatory to this Agreement;
2.2.7.3 A sixty-six and two-thirds percent (66.6%)
majority in the Council of States is required to pass
legislation that affects the interests of the states and
a simple majority vote of both chambers is required to
pass all other legislation.
2.2.8 Any bill duly approved by the National Legislature
shall be signed into law by the President within thirty
(30) days, failing which it shall be deemed to have been
so signed. Where the President withholds his/her
signature, he/she must present reasons for his/her
refusal to so sign when re-introducing the bill to the
National Legislature within the 30-day period stated
herein. The Bill shall become law if the National
Legislature again passes the bill by a two-thirds
majority of all the members of the respective house or
houses and the assent of the President shall not be
required.
2.2.9. The exclusive legislative powers of the National
Legislature shall be in respect of the matters set forth
in Schedule A, annexed hereto.
2.2.10 The concurrent legislative powers of the National
Legislature shall be those matters as set forth in
Schedule D, read together with Schedule F, annexed
hereto.
2.2.11 The residual legislative powers shall be
exercised in accordance with Schedule E annexed hereto.
2.2.12 Both chambers of the National Legislature shall
elect their respective Speakers, Deputy
Speakers and other officers at their first sitting. The
two Parties shall be adequately represented in these
offices.
2.2.13 Both Chambers of the National Legislature shall
respectively determine their own rules, procedures,
committees, and other matters of a similar nature.
2.11.2. There shall be established at the National Level:-
2.11.2.1. A Constitutional Court;
2.11.2.2. A National Supreme Court;
2.11.2.3. National Courts of Appeal; and
2.11.2.4. Any other National Courts or tribunals as deemed necessary
to be established by law.
2.11.3. The Constitutional Court:
2.11.3.1 There shall be established a Constitutional Court in accordance
with the provisions of this Peace Agreement and the Interim National
Constitution.
2. 11.3.2. The Constitutional Court shall:-
(i) Be independent from the Judiciary and any other courts
in the country. It shall be headed by the President of the
Constitutional Court, duly appointed by the President with the consent
of the First Vice President, and shall be answerable to the Presidency;
(ii) Uphold the Interim National, Southern Sudan, and State
Constitutions and its composition shall be representative;
(iii)
Have original jurisdiction to decide disputes that arise under the
National Interim Constitution and the constitutions of Northern States
at the instance of individuals, juridical entities or of government;
(iv)
Adjudicate on the constitutionality of laws and set aside or strike down
laws or provisions of laws that do not comply with the National,
Southern Sudan, or the relevant State constitutions;
(v)
Have appellate jurisdiction on appeals against the decisions of Southern
Sudan Supreme Court on the Constitution of Southern Sudan and the
constitutions of Southern Sudan states;
(vi)
Adjudicate on constitutional disputes between organs and levels of
government, with respect to areas of exclusive or concurrent
competencies;
(vii)
Protect human rights and fundamental freedoms;
(viii) Have criminal jurisdiction over the President, the two Vice
Presidents of the Republic, the two Speakers of the National
Legislature, and the Justices of the National and Southern Sudan Supreme
Courts.
2. 11.3.3. Decisions of the Constitutional Court shall be final and
binding.
2. 11.4. The National Supreme Court:
2. 11.4.1 The National Supreme Court shall:-
(i)
Be a court of review and cassation in respect of any criminal or
civil matter arising out of or under national laws;
(ii)
Have criminal jurisdiction over the Justices of the Constitutional
Court;
(iii)
Review death sentences imposed by any Court in respect to matters
arising out of or under National Laws; and
(iv)
Have such other jurisdiction as determined by the Interim National
Constitution, the Peace Agreement, and law.
2. 11.4.2. The National Supreme Court may establish panels for the
purposes of considering and deciding appeals on matters requiring
special expertise including commercial, personal, or labour matters.
2. 11.4.3. The Justices of the Constitutional and National Supreme
Courts and all the judges of other National Courts shall perform their
functions without political interference; they shall be independent, and
shall administer justice without fear or favour. The Interim
National Constitution and the law shall protect their independence.
2. 11.4.4. Judges other than the Justices referred to
in Section 2.11.4.6 herein shall be appointed by the Presidency on the
recommendation of the National Judicial Service Commission.
2. 11.4.5. The National Judicial Service
Commission shall be chaired by the Chief Justice. Amongst others,
representatives of academia, judges, members of the legal profession,
members of the National Legislature, and the Minister of Justice shall
sit on this Commission. The National Judicial Service Commission shall
be as determined in the Interim National Constitution referred to in
paragraph 2.12 herein and shall reflect the need for appropriate
representation, inclusiveness, and diversity.
2. 11.4.6. (i) All Justices of the
Constitutional Court shall be appointed
by the Presidency on the recommendation of the National Judicial Service
Commission, subject to approval by two-thirds majority of all the
members of the Council of States, having regard to competence,
credibility and the need for fair representation.
(ii) All Justices of the National Supreme Court shall be appointed by
the Presidency on the recommendation of the National Judicial Service
Commission, having regard to competence and credibility.
(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.
2.12 Constitutional Review Process:
2.12.1 The Peace Agreement shall be signed by the
leaders of the two Parties.
2.12.2 Upon signature, the Parties shall be bound by
the Agreement and shall assume the obligations arising therefrom, more
especially the obligations to implement the Agreement and to give legal
and constitutional effect to the arrangements agreed therein.
2.12.3 Upon signature the Parties commit themselves
to ensure that all the organs, committees and structures under their
control, including their members, shall observe the terms of the
Agreement.
2.12.4 After the Agreement has been signed:-
2.12.4.1 The text thereof shall be forwarded to the National Assembly
and the SPLM National Liberation Council for approval as is;
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.
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 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
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 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 the Council of Ministers.
2.4 National Capital:
2.4.1 Khartoum shall be the
Capital of the Republic of the Sudan. The National
Capital shall be a symbol of national unity that
reflects the diversity of Sudan.
2.4.2 The Administration of the
National Capital shall be representative; and during the
Interim Period the two Parties shall be adequately
represented in the administration of the National
Capital.
2.4.3 Human rights and
fundamental freedoms as specified in the Machakos
Protocol, and in the Agreement herein, including respect
for all religions, beliefs and customs, shall be
guaranteed and enforced in the National Capital, as well
as throughout the whole of Sudan, and shall be enshrined
in the Interim National Constitution.
2.4.4 Law enforcement agencies
of the Capital shall be representative of the population
of Sudan and shall be adequately trained and made
sensitive to the cultural, religious and social
diversity of all Sudanese.
2.4.5 Without prejudice to the
competency of any National Institution to promulgate
laws, Judges and law enforcement agents shall, in
dispensing justice and enforcing current laws in the
National Capital be guided by the following:-
2.4.5.1 Tolerance shall be the basis of coexistence
between the Sudanese people of different cultures,
religions and traditions;
2.4.5.2 Behavior based on cultural practices and
traditions which does not disturb public order, is not
disdainful of other traditions, and not in flagrant
disregard of the law or disturbing public order shall be
deemed in the eyes of the law as an exercise of personal
freedoms;
2.4.5.3 Personal privacy is inviolable and evidence
obtained in violation of such privacy shall not be
admissible in the court of law;
2.4.5.4 The judicial discretion of courts to impose
penalties on non-Muslims shall observe the
long-established legal {Sharia} principle that
non-Muslims are not subject to prescribed penalties, and
therefore remitted penalties shall apply;
2.4.5.5 Leniency and granting the accused the benefit of
doubt are legal principles of universal application,
especially in the circumstances of a poor society like
the Sudan, which is just emerging from war,
characterized by prevalent poverty and subject to
massive displacement of people.
2.4.6 A special commission
shall be appointed by the Presidency to ensure that the
rights of non-Muslims are protected in accordance with
the aforementioned guidelines and not adversely affected
by the application of Sharia Law in the Capital. The
said commission shall make its observations and
recommendations to the Presidency.
2.4.7 Additionally, a system of mechanisms of
guarantees shall be established to operationalize the
above points, which includes:-
2.4.7.1 Judicial circulars to guide the courts as to how
to observe the foregoing principles;
2.4.7.2 Establishment of specialized courts; and
2.4.7.3 Establishment of specialized Attorney General
circuits to conduct investigations and pre-trial
proceedings related to offences involving these
principles.
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.
2.5.5 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 Per Cent (28%);
(c) Other Northern political forces shall be
represented by Fourteen Per Cent (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 (NGOs),
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.
2.6
Civil Service:-
2.6.1 The Government of National Unity
shall also ensure that the National Civil Service,
notably at the senior and middle-levels, is
representative of the people of Sudan. In so
doing, the following principles shall be recognized:-
2.6.1.1 Imbalances and disadvantages which
exist must be redressed;
2.6.1.2 Merit is important and
training is necessary;
2.6.1.3 There must be fair
competition for jobs in the National Civil Service;
2.6.1.4 No level of government
shall discriminate against any qualified Sudanese
citizen on the basis of religion, ethnicity, region,
gender, or political beliefs;
2.6.1.5 The National Civil
Service will fairly represent all the people of the
Sudan and will utilize affirmative action and job
training to achieve equitable targets for representation
within an agreed time frame;
2.6.1.6 Additional
educational opportunities shall be created for war-
affected people.
2.6.2 In order to create a sense of national
belonging and address imbalances in the National Civil
Service, a National Civil Service Commission shall be
established with the task of:-
2.6.2.1 Formulating policies for training and
recruitment into the civil service, targeting between
Twenty – Thirty Percent (20% - 30%) of the positions,
confirmed upon the outcome of the census referred to
herein, for people of South Sudan who qualify;
2.6.2.2 Ensuring that not less than Twenty
Percent (20%) of the middle and upper level positions in
the National Civil Service (including the positions of
Under Secretaries) are filled with qualified persons
from the South within the first three years and
achieving twenty Five Percent (25%) in five years and
the final target figure referred to in sub-paragraph
2.6.2.1 above, within six years; and
2.6.2.3 Reviewing, after the first
three years of the beginning of the Interim Period the
progress made as a result of the policies and setting
new goals and targets as necessary, taking into account
the census results.
2.7 National Security.
2.7.1 The National Security Council:
2.7.1.1 There shall be at the National level a National
Security Council, the composition and functions of which
shall be determined by the law;
2.7.1.2 The National Security Council shall define
the new national security strategy based on the analysis
of the new security threats.
2.7.2 National Security Service:
2.7.2.1
There shall be one National Security Service. The
details of its
establishment shall be worked out under the
implementation modalities;
2.7.2.2
The National Security Service shall be representative of
the population and reflect the partnership of the
negotiating Parties;
2.7.2.3
The South shall be equitably represented in the National
Security Service;
2.7.2.4
The National Security Service shall be professional and
its mandate shall be advisory and focused on information
gathering and analysis;
2.7.2.5
There shall be established security committees at the
Government of Southern Sudan and State levels, their
composition and functions shall be determined by the
law;
2.7.2.6 The National Security Service shall be
anchored in the Presidency;
2.7.2.7
There shall be a National Security Act that shall
reflect the mandate of the National Security Service and
the provisions of this Agreement relating to the
National Security;
2.7.2.8
That all the assets of the respective security organs of
the two Parties shall accrue to the National Security
Service.
2.8 Language:
2.8.1 All
the indigenous languages are national languages which
shall be respected, developed and promoted.
2.8.2 Arabic
language is the widely spoken national language in the
Sudan.
2.8.3
Arabic, as a major language at the national level, and
English shall be the official working languages of the
National Government business and languages of
instruction for higher education.
2.8.4 In
addition to Arabic and English, the legislature of any
sub-national level of government may adopt any other
national language(s) as additional official working
language(s) at its level.
2.8.5 The
use of either language at any level of government or
education shall not be discriminated against.
2.9 Foreign Policy:
2.9.1
During the Interim Period, as a matter of
principle Sudan's Foreign Policy shall serve first and
foremost Sudan's national interests to achieve the
following objectives:-
2.9.1.1 Promotion of international
cooperation, especially within the UN and other
International and Regional Organizations for the
consolidation of universal peace, respect of
international law and treaty obligations and the
promotion of a just world economic order;
2.9.1.2 To achieve the latter, enhancement
of South-South and international cooperation;
2.9.1.3 Striving to achieve African and
Arab integration, each within the ongoing regional plans
and forums as well as promoting African and Arab Unity
and Afro-Arab cooperation;
2.9.1.4 Non-interference in the affairs of
other states and promotion of good-neighborliness and
mutual cooperation among all Sudan's neighbors;
2.9.1.5 Combating international and
transnational organized crimes and terrorism.
2.10 Other
Independent and/or National Institutions to be
Established in Accordance with the Peace Agreement:
2.10.1 The National Constitutional
Review Commission, as detailed in Section 2.12 herein,
shall also detail the mandate and provide for the
appointment and other mechanisms to ensure the
independence of the following institutions:-
2.10.1.1 An impartial and representative National
Electoral Commission;
2.10.1.2 A Human
Rights Commission;
2.10.1.3 A National
Judicial Service Commission;
2.10.1.4 A National
Civil Service Commission;
2.10.1.5 An ad-hoc Commission to monitor and
ensure accuracy, legitimacy, and transparency of the
Referendum as mentioned in the Machakos Protocol on
Self-Determination for the People of South Sudan, which
shall also include international experts;
2.10.1.6 A Fiscal and Financial Allocation and
Monitoring Commission;
2.10.1.7 Any other independent
commission/institution set forth in the Peace Agreement
or as agreed upon by the Parties.
2.11 The
National Judiciary:
2.11.1 The powers of the Judiciary shall be exercised by
Courts and other tribunals. The Judiciary shall be
independent of the Legislature and the Executive. Its
independence shall be guaranteed in the Interim National
Constitution.
|
|
PROTOCOL ON THE RESOLUTION OF CONFLICT SOUTHERN
KORDOFAN/NUBA MOUNTAINS AND BLUE NILE STATES
* Residents of the two areas will have a "popular
consultation" on the comprehensive peace agreement to be signed by
the SPLM/A and the government.
* Each state will establish a Parliamentary Assessment and Evaluation
Commission and a separate Independent Commission to evaluate the
implementation of the peace agreement. If the agreement is endorsed by
the legislature in each state, it will become "the final
settlement" of the political conflict there.
* If the agreement is not being fully implemented, negotiations will be
held with the National Government to rectify the shortcomings.
* A state executive will consist of a state governor, a state council of
ministers and local government in each state. A state legislature will
prepare and adopt a constitution in each, and may relieve the governor
of the state of his/her functions. Both institutions will be represented
55 percent by the National Congress Party, and 45 percent by the SPLM.
The governorship will rotate in each state between both sides.
* The two states will have significant autonomy over key areas,
including: state police; local government; media; social welfare; civil
service at state level; state judiciary; internal and external borrowing
of money; the provision of health care; regulation of business;
enforcement of state laws; provision of education; town planning; state
statistics and surveys; state referenda; state budget and taxation.
* The National and State governments will have concurrent powers over
some areas, including: economic and social development; tertiary
education; health policy; urban development; delivery of public
services; disaster preparedness; electricity generation; water and waste
management; gender policy and women's empowerment.
* Seventy-five percent of the total National Reconstruction and
Development Fund will be allocated for war-affected areas, particularly
to the Nuba mountains, southern Blue Nile and Abyei.
* The two states will be represented in national institutions in
proportion with their population size.
(end)
PART III
3. GOVERNMENT OF SOUTHERN SUDAN:
3.1 In respect of the
Southern Sudan, there shall be a Government of Southern Sudan {GOSS}, as
per the borders of 1/1/56, which shall consist of:-
3.1.1 The Legislature of Southern Sudan;
3.1.2 The Executive of Southern Sudan;
3.1.3 The Judiciary of Southern Sudan;
3.2 The Government of Southern Sudan shall function
in accordance with a Southern Sudan Constitution, which shall be drafted
by an inclusive Southern Sudan Constitutional Drafting Committee and
adopted by the Transitional Assembly of Southern Sudan by a two-thirds
majority of all members. It shall conform with the Interim
National Constitution.
3.3 The powers of the Government of Southern Sudan
shall be as set forth in Schedules B and D, read together with Schedules
E and F, the Interim National Constitution, Southern Sudan Constitution,
and the Peace Agreement.
3.4 A primary responsibility of the Government of Southern
Sudan will be to act as an authority in respect of the States of
Southern Sudan, to act as a link with the National Government and to
ensure that the rights and interests of the people of Southern Sudan are
safeguarded during the Interim Period.
3.5 Legislature of Southern Sudan:
3.5.1 Pending the elections, the First Southern
Sudan Assembly shall be an inclusive, constituent legislature comprised
of:-
3.5.1.1 The SPLM shall be represented by Seventy Percent (70%);
3.5.1.2 The NCP shall be represented by Fifteen Percent (15%);
3.5.1.3 The other Southern political forces shall be represented by
Fifteen Percent (15%).
3.5.2 The Southern Sudan Assembly shall, in accordance with the
Constitution adopted by it, provide for the election of its Speaker and
other office holders.
3.5.3 When enacting the Constitution of Southern Sudan, the Assembly of
Southern Sudan shall be empowered to assign such powers as set forth in
Schedules B and D, read together with Schedules E and F, to the
Government of Southern Sudan.
3.5.4 The Southern Sudan Constitution shall
make provision for the Assembly of Southern Sudan to be re-constituted
through elections in accordance with the provisions herein related to
the timing of general elections. The Constitution of the Southern
Sudan shall also make provision for the election of the President and
appointment of the Vice President of the Government of Southern Sudan.
Such elections shall be in accordance with the provisions set
forth by the National Electoral Commission specified in sub-paragraph
2.10.1.1 herein.
3.5.5 The Assembly of Southern Sudan may amend
the Constitution of the Southern Sudan by a two-thirds majority vote of
all members.
3.5.6 Apart from applicable national
legislation, legislative authority in Southern Sudan shall be vested in
the Assembly of Southern Sudan. It shall establish its own offices,
committees and rules of procedure. It shall elect a Speaker and
Deputy Speaker and other officers at its first meeting.
3.6 The Southern Sudan Executive:
3.6.1 An Executive Council of Ministers
appointed by the President of the Government of Southern Sudan, in
consultation with his/her Vice President and approved by the Assembly of
Southern Sudan, shall be established in accordance with the Southern
Sudan Constitution. The Executive Council of Ministers shall be
accountable to the President of the Government of Southern Sudan and the
Southern Sudan Assembly in the performance of their functions and may be
removed by a motion supported by two-thirds of all the members of the
Southern Sudan Assembly.
3.6.2 The Executive Authority of Southern
Sudan shall establish such independent institutions as the
Peace Agreement, the Interim National Constitution and the Southern
Sudan Constitution contemplate. It shall be empowered to establish
such further commissions and institutions compatible with its powers as
it deems necessary to promote the welfare of its people, good governance
and justice.
3.6.3 The Government of Southern
Sudan shall be established with due regard to the need for
inclusiveness.
3.6.4 Prior to elections, the
Government of Southern Sudan shall be allocated as follows:-
3.6.4.1 The SPLM shall be represented by Seventy Percent (70%);
3.6.4.2 The NCP shall be represented by Fifteen Percent (15%);
3.6.4.3 The other Southern political forces shall be represented by
Fifteen Percent (15%).
|
3.6.5 The Government of Southern Sudan shall
discharge its obligations and exercise such rights and powers in regard
to administration, security, financial, and development issues as is set
forth in the Southern Sudan Constitution, the Interim National
Constitution, the Peace Agreement and any other agreement relating to
the reconstruction and development of the Southern Sudan.
3.6.6 (a) Should the post of the
President of GOSS fall vacant, and pending the
nomination and swearing in of the new President, the functions of the
President shall be assumed by the Vice President of GOSS;
(b)
Should the post of the President of GOSS fall vacant in the period
prior to elections, the Office of the President of GOSS shall be filled
by a nominee of the SPLM within two weeks;
(c) Should the post of the President fall vacant in the period
after the elections, the post shall be filled through elections which
shall be held within sixty (60) days.
3.7 The Judiciary of Southern Sudan:
3.7.1 There shall be at the Southern Sudan Level:-
3.7.1.1 A Supreme
Court of Southern Sudan;
3.7.1.2 Courts of
Appeal; and
3.7.1.3 Any such
other courts or tribunals as deemed necessary to be established in
accordance with the Southern Sudan Constitution and the law.
3.7.2 The Constitution of Southern Sudan shall
provide for a Supreme Court for Southern Sudan which shall be the
highest court in the South and to which appeals may lie from Southern
state courts or other Courts of Southern Sudan on matters brought under
or relating to Southern state, Southern Sudan or National law, as may be
determined by the Constitution of Southern Sudan.
3.7.3 The Southern Sudan Supreme Court shall:-
3.7.3.1 Be the court of
final judicial instance in respect of any litigation or prosecution
under Southern State or Southern Sudan law, including statutory and
customary law, save that any decisions arising under National Laws shall
be subject to review and decision by the National Supreme Court;
3.7.3.2 Have original
jurisdiction to decide on disputes that arise under the Constitution of
Southern Sudan and the constitutions of Southern Sudan states at the
instance of individuals, juridical entities or of government;
3.7.3.3 Adjudicate on
the constitutionality of laws and set aside or strike down laws or
provisions of laws that contradict the Constitution of Southern Sudan or
the constitutions of Southern Sudan states;
3.7.3.4 Be a court of
review and cassation in respect of any criminal or civil matter arising
out or under Southern Sudan Laws;
3.7.3.5 Have criminal
jurisdiction over the President and Vice President of the Government of
Southern Sudan and the Speaker of Southern Sudan Legislature;
3.7.3.6 Review death
sentences imposed by Southern Sudan courts in respect of matters arising
out of or under Southern Sudan Laws;
3.7.3.7 Have such other
jurisdictions as determined by Southern Sudan Constitution, the Peace
Agreement and the Law.
3.7.4 Judges of the Courts of Southern Sudan
shall perform their functions without political interference, shall be
independent, and shall administer the law without fear or favour. The
provisions of the Southern Sudan Constitution and the Law shall protect
their independence.
3.7.5 Without prejudice
to Sub-Para. 2.11.4.4, the Legislature of Southern Sudan shall provide
for appointments, terms of service and dismissal of Southern Sudan
appointed Judges.
PART IV 4. INSTITUTIONS AT THE STATE LEVEL
4.1
The Institutions at the State level shall consist of:-
4.1.1
The State Legislature;
4.1.2
The State Executive; and
4.1.3
The State Judiciary.
4.2
There shall be legislative, executive, and judicial institutions at
state level which shall function in accordance with this Agreement, the
Interim National Constitution and, in respect of the states of Southern
Sudan, also with the Constitution of Southern Sudan.
4.3
Local Government is an important level of Government and its election,
organization and proper functioning shall be the responsibility of the
states, in accordance with the relevant state constitution.
4.4 The
State Legislature:
4.4.1 There shall be a State Legislature
comprised of members elected in accordance with the electoral provisions
herein and as set forth by the National Electoral Commission referred to
in sub-paragraph 2.10.1.1 herein.
4.4.2 Pending the elections referred to in
sub-article 4.4.1 herein, the composition of the state legislatures
shall be comprised as follows:-
4.4.2.1. The NCP is to hold Seventy Percent (70%) in the Northern
states, and the SPLM Seventy Percent (70%) in the Southern states;
4.4.2.2. The remaining Thirty Percent (30%) in the Northern and the
Southern states shall be allocated as follows:-
(i) Ten Percent (10%) in the Southern states to be filled
by the NCP;
(ii) Ten Percent (10%) in the Northern states to be filled by the SPLM;
and
(iii) Twenty Percent (20%) in the Northern and Southern states to be
filled by representatives of other Northern and Southern political
forces respectively.
4.4.3.
The elections referred to in sub-article 4.4.1. herein shall take place
on the same date as the elections for the National Assembly
referred to in Section 1.8.3.
4.4.4.
The state legislatures shall prepare and adopt state constitutions
provided that they are in conformity with the National Constitution, the
Peace Agreement, and for Southern States, also in conformity with the
Constitution of Southern Sudan.
4.4.5.
The State Legislature shall have law-making competency in respect of the
functional areas listed in Schedules C and D, read together with
Schedules E and F.
4.4.6.
Members of the State Legislature and the State Council of Ministers,
including the Governor, shall have such immunities as are provided by
law.
4.4.7.
The State Legislature shall decide its own rules, procedures, and
committees, and elect its Speaker and other officers.
4.5 The
State Executive:
4.5.1 Prior to elections the state executives
shall be allocated as follows:-
4.5.1.1 The NCP is to hold Seventy Percent (70%) in the Northern states,
and the SPLM Seventy Percent (70%) in the Southern states;
4.5.1.2 The remaining Thirty Percent (30%) in the Northern and the
Southern states shall be allocated as follows:-
(i) Ten Percent (10%) in the Southern states to be filled
by the NCP;
(ii) Ten Percent (10%) in the Northern states to be filled by the
SPLM; and
(iii) Twenty Percent (20%) in the Northern and Southern states to
be filled by representatives of other Northern and Southern political
forces, respectively.
4.5.2 As part of the Ten Percent (10%) share of
the NCP in Southern states the two Parties agreed as follows:-
(i)
The Governor of one Southern State shall be a nominee of the NCP;
(ii)
One Deputy Governor in a different Southern State shall be a nominee of
the NCP.
4.5.3 The States’ Council of Ministers shall
be appointed by the Governor in accordance with the State Constitution,
having regard to the need for inclusiveness. The State Ministers
shall be accountable to the Governor and the State Legislature in the
performance of their functions and may be removed by the Governor on a
motion supported by two-thirds of all the members of the State
Legislature.
4.5.4 The Governor shall, together with the
States’ Council of Ministers appointed by him/her, exercise the
executive powers of the state which shall be in respect of the
functional areas listed in Schedules C and D, read together with
Schedules E and F, and such other executive competencies as are
conferred upon the State by the Interim National Constitution, the
Southern Sudan Constitutions, the State Constitutions, and the Peace
Agreement.
4.5.5 State Governors must sign any law duly
approved by the State Legislature, failing which, after thirty (30) days
it shall be deemed to have been signed into law by the State Governor.
Where the State Governor withholds his/her signature, he/she must
present reasons for his/her refusal to so sign when re-introducing the
bill to the State Legislature within the 30-day period stated within.
The Bill shall become law if the State Legislature again passes
the bill by two-thirds majority of all the members and the assent of the
Governor shall not be required.
4.6 State Judicial Institutions:
4.6.1 The State Constitutions shall provide for
the establishment of such state courts by the State Judiciary as
necessary.
4.6.2 State legislation must provide for:-
4.6.2.1 The appointment and dismissal of State-appointed judges (lay magistrates);
and
4.6.2.2 Guarantees of the independence and impartiality of the judiciary
and ensure that judges shall not be subject to political or other
interference.
4.6.3 State Courts shall have civil and criminal
jurisdiction in respect of State, Southern Sudan, and National Laws,
save that a right of appeal shall lie as provided in this Agreement.
4.6.4
Notwithstanding sub-paragraph 4.6.3, the National Legislature shall
determine the civil and criminal procedures to be followed in respect of
litigation or prosecution under National laws in accordance with the
Interim National Constitution.
4.6.5 The
structures and powers of the Courts of the States of Southern Sudan
shall be subject to the provisions of this Agreement and the
Constitution of Southern Sudan.
PART V: SCHEDULES
SCHEDULE A: NATIONAL POWERS
Exclusive competencies (Legislative and Executive Powers) of the
National Government.
1. National Defense and
National Security and Protection of the National Borders;
2. Foreign Affairs and
International Representation;
3. Nationality and
Naturalization;
4. Passports and Visas;
5. Immigration and
Aliens;
6. Currency, Coinage
and Exchange Control;
7. Constitutional Court and such National
Courts responsible for enforcing or applying National laws;
8. National Police
(including Criminal Investigation Department - CID}, Coordination of
International, Regional and bilateral Criminal Matters, and Standards
and Regulations including the standards for training the police in the
National Capital);
9. The fixing of and providing for
salaries and allowances of civil and other officers of the National
Government;
10. Postal Services;
11. Civil Aviation;
12. Maritime shipment;
13. Beacons;
14. Navigation and
Shipment;
15. National Lands and
National natural resources;
16. Central Bank, the Incorporation of National banks
and issuing of paper money;
17. Bills of Exchange and Promissory Notes;
18. Weights, Measures
and Standards, Dates and Standards of Time;
19. Meteorology;
20. Establishment and
Maintenance of National Prisons;
21. National
Institutions as envisaged under the Peace Agreement or as set forth in
the Interim National Constitution;
22. Customs, Excise and
Export Duties;
23. Intellectual
Property Rights, including Patents and Copyright;
24. National Flag,
National Emblem and National Anthem;
25. Signing of
International Treaties on behalf of the Republic of Sudan;
26. National Debt and
borrowing on public credit;
27. National Census,
National Surveys and National Statistics;
28. National States of
Emergency;
29. International and
Inter-State Transport, including roads, airports, waterways, harbours
and railways;
30. National Public
Utilities;
31. National Museums
and National Heritage Sites;
32. National Economic
Policy and Planning;
33. Nile Water Commission, the management of the Nile
Waters, transboundary waters and disputes arising from the management of
interstate waters between Northern states and any dispute between
Northern and Southern states;
34. National
information, publications, telecommunications regulations;
35. National Taxation
and National Revenue Raising;
36. National Budget;
37. Laws providing for National elections and their
supervision by the Electoral Commission;
38. Issuance of
National ID Card.
SCHEDULE B: POWERS OF THE GOVERNMENT OF SOUTHERN SUDAN
The exclusive legislative and executive powers of the Government of
Southern Sudan shall be:
1. The adoption and amendment of the Constitution of the Government of
Southern Sudan (subject to compliance with the Interim National
Constitution);
2. Police, Prisons and Wildlife Services;
3. Security and military forces during the Interim Period (subject to
Agreement on Security Arrangements);
4. Legislation relating to the Government of Southern Sudan structures
for the delivery of services at all levels of Government of Southern
Sudan;
5. Borrowing of money on the sole credit of the Government of Southern
Sudan within the national macro-economic policy;
6. Planning for Southern Sudan Government services including health,
education, and welfare, etc;
7. The appointment, tenure and payment of Government of Southern Sudan
(GOSS) officers and civil servants;
8. Development of financial resources for the Government of Southern
Sudan;
9. The co-ordination of Southern Sudan services or the establishment of
minimum Southern Sudan standards or the establishment of Southern Sudan
uniform norms in respect of any matter or service referred to in
Schedule C or Schedule D, read together with Schedule E, with the
exception of Item 1 of Schedule C, including but not limited to,
education, health, welfare, police (without prejudice to the National
Standards and Regulations), prisons, state public services, such
authority over civil and criminal laws and judicial institutions as is
specified in the Schedules, lands, reformatories, personal law,
intra-state business, commerce and trade, tourism, environment,
agriculture, disaster intervention, fire and medical emergency services,
commercial regulation, provision of electricity, water and waste
management services, local Government, animal control and veterinary
services, consumer protection, and any other matters referred to in the
above Schedules;
10. Any power that a State or the National Government requests it to
exercise on its behalf, subject to the agreement of the Government of
Southern Sudan or that for reasons of efficiency the Government of
Southern Sudan itself requests to exercise in Southern Sudan and that
other level agrees;
11. Referenda in Southern Sudan on matters affecting Southern Sudan as a
whole within the competencies of Southern Sudan Government;
12. Taxation and revenue raising in Southern Sudan as a whole;
13. Southern Sudan Budget, subject to the agreement on Wealth Sharing;
14. GOSS Public utilities;
15. GOSS flag, emblem;
16. Reconstruction and development of the Southern Sudan as a whole,
subject to the provisions of the Wealth Sharing Agreement;
17. GOSS information, publications, media and telecommunications
utilities;
18. Rehabilitation and benefits to disabled war veterans, orphans,
widows and care for the dependents of deceased war fallen heroes;
19. Any matter relating to an item referred to in schedule D that cannot
be dealt with effectively by a single State and requires GOSS
legislation or intervention including, but not limited to the
following:-
19.1. Matters relating to businesses, trade licenses and conditions of
operation;
19.2. Natural resources and forestry;
19.3. Town and rural planning;
19.4 Disputes arising from the management of interstate
waters strictly within Southern Sudan;
19.5. Fire fighting and ambulance services;
19.6. GOSS reformatory institutions;
19.7. Firearm licenses within Southern Sudan; and
19.8. GOSS recreation and sports.
20. Such matters relating to taxation, royalties and economic
planning as is specified in the Agreement on Wealth Sharing as a matter
or matters in regard to which the Government of Southern Sudan is
accorded exclusive authority;
21.
Southern Sudan census and statistics within the competence of the
Southern Sudan Government;
22.
Issuance of identity cards within Southern Sudan, driving licenses and
other appropriate documentation.
SCHEDULE C: POWERS
OF STATES
Exclusive executive and legislative competencies of the individual
States of Sudan shall be as set out hereunder:-
1. The Constitution of the State, subject
to compliance with the National Constitution, and, as relevant, the
Constitution of Southern Sudan;
2. State Police, prisons;
3. Local Government;
4. State information, state publications
and state media;
5. Social Welfare including State
pensions;
6. The Civil Service at the State level;
7. The State Judiciary and administration
of justice at State level including maintenance and organization of
State Courts, and subject to national norms and standards, civil and
criminal procedure;
8. State Land and State Natural
Resources;
9. Cultural matters
within the State;
10. Regulation of
religious matters subject to the National Constitution and the Peace
Agreement;
11. Internal and
external borrowing of money on the sole credit of the State within the
National macro-economic framework;
12. The establishment, tenure, appointment, and
payment of State officers;
13. The management, lease and utilization of lands
belonging to the
State;
14. The establishment, maintenance and management of
reformatory institutions;
15. The establishment, regulation, and provision of
health care, including hospitals and other health institutions;
16. Regulation of
businesses, trade licenses, working conditions, hours, and holidays
within the State;
17. Local works and undertakings;
18. Registration of
marriage, divorce, inheritance, births, deaths, adoption and
affiliations;
19. Enforcement of
State laws;
20. Statutes enacted
under the Penal Law power, save for the penalization for the breach of
National laws relating to the national competencies;
21
|