CHAPTER ONE POLITICAL ISSUES: GOVERNANCE AND POWER GENERAL AND FUNDAMENTAL PRINCIPLES FOR RESOLVING POLITICAL ISSUES ARTICLE 1 The Parties agreed on the following fundamental principles:- 1. The Republic of the Sudan is a united, independent, and sovereign state. Sovereignty is vested in the people and shall be exercised by the State in accordance with the National Interim Constitution into which this Agreement shall be incorporated. 2. Sudan is a multi-cultural, multi-religious, multi-lingual and multi-racial nation. Recognition and respect of this diversity is an important foundation of national cohesion. 3. Citizenship shall be the basis for civil and political rights and obligations. 4. The political system in the Sudan shall ensure the respect, protection and promotion of human rights and fundamental freedoms for all citizens; good governance, political pluralism, and peaceful transition of power through fair, free and observed elections; and stability and sustainable development. 5. A federal system of government, with an effective devolution of powers and a clear distribution of responsibilities between the centre and other levels of government, including local administration, is essential to ensure fair and equitable participation of the citizens of the Sudan in general and the people of Eastern Sudan in particular. 6. The National Civil Service, the National Armed Forces, the Police, the Security and Intelligence Services shall reflect at all levels a fair and equitable representation of all citizens, including those from Eastern Sudan. 7. Women shall be fairly represented in all government institutions at all levels and their equal and effective participation ensured. PRINCIPLES OF ADMINISTRATION AND INTERGOVERNMENTAL RELATIONS ARTICLE 2 THE FEDERAL SYSTEM OF GOVERNMENT 8. The Republic of the Sudan has a federal system of government in which power shall be effectively devolved. Responsibilities shall be distributed between the national and other levels of government in accordance with the provisions of the Constitution. ARTICLE 3 LEVELS OF GOVERNMENT AND THEIR COMPETENCIES 9. Without prejudice to the status of Southern Sudan, there are the following levels of government in the Sudan:- (a) The national level of government which shall exercise authority with the view of protecting the national sovereignty and territorial integrity of Sudan and promoting the welfare of its people. (b) The State level of Government which shall exercise authority at the state level throughout the Sudan and render public services through the level closest to the people. (c) Local level of government, which is essential to fulfill the commitment to vest sovereignty in the people, bring power to the grassroots, ensure effective participation of citizens, promote development as close to the population as possible, and make the management of public affairs more cost effective. ARTICLE 4 INTERGOVERNMENTAL RELATIONS 10. The relationship among the different levels of government shall be on the basis of non-interference, cooperation, and recognition of the responsibilities of each other, so as to ensure national unity and achieve better quality of life for citizens. ARTICLE 5 THE ADMINISTRATION OF EASTERN SUDAN 11. Exercising their rights as set out in the INC, the three states of the Eastern Sudan shall set up an Eastern Sudan States’ Coordinating Council to enhance coordination and cooperation among them. (a) The Council shall be composed of 15 members as follows:-
(b) The chair of the Council shall rotate among the three governors. (c) The Council shall perform its duties without prejudice to the constitutional powers and functions of the three states. 12. Without prejudice to the status of Southern Sudan as enshrined in the INC, the Parties agree that the GoS shall convene, by the end of 2007, a nationwide conference to revisit the administrative structure of the country. Representatives of the executive and legislative branches of the National Government, representatives of the executive and legislative branches of the States, representatives of political parties, civil society groups and relevant experts shall participate in the nationwide conference; The GoS shall accept and implement the recommendations of the conference. ARTICLE 6 HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 13. The Parties reaffirm their commitment to respect and promote human rights and fundamental freedoms as detailed in the INC, and in international human rights covenants ratified by the Government of Sudan. EFFECTIVE PARTICIPATION OF THE PEOPLE OF EASTERN SUDAN IN ALL INSTITUTIONS AND AT ALL LEVELS OF GOVERNMENT ARTICLE 7 GUIDELINES FOR EFFECTIVE PARTICIPATION OF THE PEOPLE OF EASTERN SUDAN 14. The Parties commit themselves to ensure fair and effective participation of the people of Eastern Sudan at national, state, local, and national capital levels; and at all institutions including the Presidency, the executive, legislative, judiciary, armed forces, security services, civil service, national academic institutions and commissions. 15. Relevant precedents, population size, level of marginalization, principles of affirmative action, shall be used in determining the representation of the people of Eastern Sudan. 16. To ensure that people of Eastern Sudan participate fully in the upcoming election; representation for Eastern Sudanese shall be spread across the board in the political sphere. 17. The criteria and modalities for the exercise of power after the elections shall be determined by the result of the elections and in accordance with the provisions of the INC. 18. In ensuring the effective participation of Eastern Sudanese, the parties shall be guided by the principles of good faith, transparency and accountability. 19. Special measures shall be taken to ensure the participation of women in all institutions at all levels of government. THE NATIONAL GOVERNMENT ARTICLE 8 THE NATIONAL EXECUTIVE The Presidency 20. Upon the signing of this Agreement, the President shall appoint an Assistant to the President from a list of nominees provided by the Eastern Front. 21. The Assistant shall be a member of, inter alia, the National Council of Ministers, the National Security Council and the National Planning Council and shall participate in their deliberations and decision-making. In addition, the Assistant shall: (a) Undertake all national tasks entrusted to him/her by the President. (b) Serve as Deputy-Chair of the Joint Implementation Committee of this Agreement which will be chaired by the Vice-President. (c) Supervise the work of the Eastern Sudan Reconstruction and Development Fund (ESRDF). 22. In addition to the Assistant, the President shall also appoint from a list of nominees provided by the Eastern Front, one advisor to the President. The Council of Ministers 23. Prior to the elections, and with a view to reflecting the need for unity and inclusiveness, the GoS shall ensure effective representation of the people Eastern Sudan, including the Eastern Sudan Front, as follows: (a) The two posts of Cabinet Minister and one post of State Minister currently held by Eastern Sudanese shall continue to be held by Eastern Sudanese. (b) One additional post of State Minister shall be allocated to nominees of the Eastern Sudan Front. (c) Special effort shall be made to ensure that women are represented in these nominations. ARTICLE 9 THE NATIONAL LEGISLATURE The National Assembly 24. Prior to the elections and with a view to reflecting the need for unity and inclusiveness the GoS shall ensure the representation of Eastern Sudanese in the National Assembly, including the Eastern Front. In this regard, not less than eight seats shall be allocated to nominees of the Eastern Sudan Front. It is highly recommended that some of the nominees be women. ARTICLE 10 THE NATIONAL JUDICIARY ORGANS 25. Eastern Sudanese shall be adequately represented in the Constitutional Court, the National Supreme Court and other National Courts, as well as in the National Judicial Service Commission. ARTICLE 11 THE NATIONAL CIVIL SERVICE 26. The Parties agree that the National Civil Service (NCS), including the senior and middle levels, shall be representative of the people of Sudan. 27. The Eastern Front shall be fairly represented in the National Civil Service Commission, which, among other things, is responsible to redress existing imbalances. 28. A Panel of Experts that shall be established under the National Civil Service Commission shall determine the representation of people of Eastern Sudan in the NCS across all tiers and all levels of government. The Eastern Front shall nominate competent and qualified Eastern Sudanese to serve in the Panel: (a) The Panel shall identify any area of imbalances that have undermined the representation of Eastern Sudanese in the NCS and make practical recommendations to redress such imbalances and discrepancies. (b) To determine the issue of imbalances and recommend appropriate measures, the Panel shall be guided by the criteria as per Article 7. (c) The Panel shall complete its work and submit its Report to NCSC not later than six months after the signing of this Agreement; following which the GoS shall take remedial actions. 29. While waiting for the outcome of the determination by the Panel, the GoS shall take measures to ensure the participation of Eastern Sudanese especially at the middle and upper levels of the NCS, including but not limited to Under-Secretaries, Ambassadors, Board Members and Chairpersons of parastatals, so as to address the concerns that Eastern Sudanese are under-represented at some levels. Taking into account the need for the Front to be represented within the NCS, some of these positions shall be reserved for nominees of the Eastern Sudan Front. ARTICLE 12 OTHER NATIONAL INSTITUTIONS AND COMMISSIONS 30. Eastern Sudanese, including the Eastern Sudan Front, shall be adequately represented in all institutions and Commissions provided for in the Constitution, the law and this Agreement, taking into account the requirements of qualification and competence, including in particular the National Constitutional Review Commission, National Elections Commission, National Civil Service Commission Human Rights Commission Population Census Council, Public Grievances Chamber, and Land Commission. ARTICLE 13 EDUCATIONAL INSTITUTIONS 31. The GoS shall give priority to promote primary, intermediary and secondary, as well as, vocational education in Eastern Sudan, with the aim of bringing Eastern Sudan to parity in the national level of educational enrollment and achievement. 32. Eastern Sudanese shall be fairly represented in the Management and Governing Councils of Public Universities and other educational institutions of higher learning in all parts of Sudan, taking into account the requirements of qualification and competence. 33. The use of local languages shall be encouraged at the primarily level and the media to promote literacy and education in Eastern Sudan. 34. The GoS shall invest in boarding schools to foster the education of children from nomadic families. ARTICLE 14 THE NATIONAL CAPITAL 35. The National Capital, Khartoum, shall be a symbol of national unity and reflect the diversity of the Sudan. 36. The GoS shall ensure adequate representation of all, particularly Eastern Front, in the Administration of the National Capital. Pending the state Elections, one position of advisor in the Executive of the Khartoum State Government shall be filled by a nominee of the Eastern Front. STATE GOVERNMENT ARTICLE 15 INSTITUTIONS AT THE STATE LEVEL 37. The institutions at the State level are:- (a) The Executive, which shall consist of the Governor and the Council of Ministers. (b) State Legislature. (c) State Judiciary functioning under the National Judiciary. ARTICLE 16 THE STATE EXECUTIVE 38. Eastern Sudan Front shall nominate Deputy-Governors for Kassala and Gadaref States. 39. One Ministerial position in Red Sea State and one Advisor in each of the three states of Eastern Sudan shall be allocated to nominees of the Eastern Front. ARTICLE 17 THE STATE LEGISLATURE 40. Ten seats in the legislatures of each of the three Eastern Sudan states shall be allocated to nominees of the Eastern Sudan Front. 41. The Chairmanship of one of the committees in each of the legislatures of the three States of Eastern Sudan shall be assumed by a representative of the Eastern Sudan Front. LOCAL GOVERNMENT ARTICLE 18 42. The Eastern Sudan Front nominates three of the administrators (Mutamedin) in each of the three states of Eastern Sudan. In Kassala State two will be Mutamedin Mehalyyat and one Mutamed Re’asi ; in Gadaref State one will be Mutamed Mehalyya and two will be Mutemedin Re’asi; and in the Red Sea State two will be Mutemedin Mehalyyat and one will be Mutemed Re’asi. 43. Five of the members of the assembly of each local government (Meahalya) shall be nominees of the Eastern Sudan Front. The Parties agree that as long as the total number of Eastern Front nominees in the assemblies of the local governments is maintained there can be variance in the number of Eastern Front nominees in each local government (Meahalya).
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