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