Comprehensive Peace Agreement between the Government of the Republic of the Sudan and the Sudan People's Liberation Army/Sudan People's Liberation Movement (Naivasha Agreement)

• Country/entity

  South Sudan
  Sudan
  
• Region

  Africa (excl MENA)
  Africa (excl MENA)
  
• Agreement name

  Comprehensive Peace Agreement between the Government of the Republic of the Sudan and the Sudan People's Liberation Army/Sudan People's Liberation Movement (Naivasha Agreement)
• Date

  9 Jan 2005
• Agreement status

  Multiparty signed/agreed
• Interim arrangement

  Yes
• Agreement/conflict level

  Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
• Stage

  Framework/substantive - comprehensive
• Conflict nature

  Government/territory
• Peace process

  Sudanese (North-South) peace process
• Parties

  H.E. Ali Osman Mohamed Taha, First Vice President of the Republic of the Sudan on behalf of the Government of the Republic of the Sudan; Dr. John Garang de Mabior, Chairman of the Sudan People's Liberation Movement/Sudan People's Liberation Army on behalf of the Sudan People's Liberation Movement/Sudan People's Liberation Army
• Third parties

  WITNESSED BY: H.E. Hon. Mwai Kibaki, President of the Republic of Kenya on behalf of the IGAD Sub-Committee on the Sudan; H.E. Hon. Yowaeri Kaguta Museveni, President of the Republic of Uganda on behalf of IGAD Member States; H.E. Mr. Ahmed Aboul Gheit, Egyptian Minister of Foreign Affairs on behalf of the Government of the Republic of Egypt; Senator Alfredo Mantica, Deputy Minister for Foreign Affairs on behalf of the Government of Italy; H.E. Mr. Fred Racka, Special Envoy of the Netherlands on behalf of the Royal Kingdom of the Netherlands; H.E. Ms. Hilde F. Johnson, Minister of International Development on behalf of the Royal Norwegian Government; Right Hon. Hilary Benn, M.P., Secretary of State for International Development on behalf of the United Kingdom and Northern Ireland; Mr. Colin L. Powell, United States Secretary of State, on behalf of the United States of America; H.E. Mr. Alpha Oumar Konare, Chairperson of the African Union on behalf of the African Union; Hon. Charles Goerens, Minister of Development Co-operation of Netherlands on behalf of the European Union; H.E. Ms. Hilde F. Johnson, Minister of International Development on behalf of the IGAD Partners Forum (IPF); Senator Alfredo Mantic, Deputy Minister for Foreign Affairs on behalf of the IGAD Partners Forum (IPF); H.E. Mr. Amre Mousse, Secretary General of the League of Arab States on behalf of the League of Arab States; H.E. Jan Pronk, Special Representative of the Secretary General in the Sudan on behalf of the United Nations
• Description

  A collection of previously agreed upon documents, with Chapter I consisting of the Machakos Protocol, Chapter II as the Protocol on Power Sharing, Chapter III as the Framework Agreement on Wealth Sharing, Chapter IV as the Resolution of the Abyei Conflict, Chapter V as the Resolution of the Conflict in the Two States of Southern Kordofan and Blue Nile, Chapter VI incorporates the Agreements on Security Arrangements, and Annexure I incorporates the Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices. Additionally, Annexure II establishes Implementation Modalities and a Global Implementaiton Matrix for the included agreements and protocols. A list of Corrections is appended to the end, to correct technicalities throughout the overall agreement.

• Agreement document

  SD 050109 CPA.pdf | Download PDF

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

The Comprehensive Peace Agreement Between The Government of The Republic of The Sudan and the Sudan People’s Liberation Movement/ Sudan’s People Liberation Army

Table of Contents

List of Abbreviations

Chapeau

Chapter I:

The Machakos Protocol

Chapter II:

Power Sharing

Chapter III:

Wealth Sharing

Chapter IV:

The Resolution of the Abeyi Conflict

Chapter V:

The Resolution of the Conflict in the Two States of Southern Kordofan and Blue Nile

Chapter VI:

Security Arrangements

Annexure I:

Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices

Annexure II:

Implementation Modalities and Global Implementation Matrix and Appendices

List of Corrections

LIST OF ABBREVIATIONS

AA Abyei Area

AAC Abyei Area Council

AASC Abyei Area Security Committee

ABC Abyei Boundaries Commission

A/C Account

ACHPR International Charter on Human and Peoples Rights

AEC Assessment and Evaluation Commission

AJMC Area Joint Military Committee

ARC Abyei Referendum Commission

ASAs Agreement on Security Arrangements

AU African Union

Bde Hqs Brigade Headquarters

BGR Bahr El Ghazal Region

BNL Bicameral National Legislature

BOD Board of Directors of the Central Bank of Sudan

BOSS Bank of Southern Sudan

BRA Banking Regulatory Act

CAA Chief Administrator for Abyei

CA Courts of Appeal

CBOS Central Bank of Sudan

CC Constitutional Court

CCA Comprehensive Ceasefire Agreement

CFA Ceasefire Agreement

CFM Ceasefire Modalities

CID Criminal Investigation Department

CJMC Ceasefire Joint Military Committee

CPA Comprehensive Peace Agreement

CPC Ceasefire Political Commission

CPMT Civilian Protection Monitoring Team

CRC Convention on the Rights of the Child

CS Civil Service

CSR Convention on Status of Refugees

CSS Constitution of Southern Sudan

DD D-Day

DDR Disarmament, Demobilization and Reintegration

DDRR Demobilization, Disarmament, Re-Integration and Reconciliation

DG Deputy Governor

DOP (IGAD) Declaration of Principles

EC Electoral Commission

EC Executive Council

ECM Executive Council of Ministers

FFAMC Fiscal and Financial Allocation and Monitoring Commission

FOB Free on Board

FX Foreign Exchange

GONU/GNU Government of National Unity

GOS Government of the Republic of Sudan/Government of Sudan

GOSS Government of Southern Sudan

GST General Sales Tax

HDI Human Development Index

HQ Headquarters

HRC Human Rights Commission

ICRC International Committee of the Red Cross

ID Identity Card

IDPs Internally Displaced Persons

IGAD Inter-Governmental Authority on Development

IMF International Monetary Fund

IMS IGAD Member States

INC Interim National Constitution

Inf. Bn.

Infantry Battalion

IP Interim Period

IPF IGAD Partner’s Forum

JAM Joint Assessment Mission

JAM CCG Joint Assessment Mission Core Coordination Group JDB Joint Defence Board

JIUs Joint/Integrated Units

JMC Joint Military Commission (for the Nuba Mountains)

JMTs Joint Military Teams

JNTT Joint National Transition Team

JSS Judiciary of Southern Sudan

LEC Local Executive Council

LG Local Government

LICUS Low Income Countries Under Stress

M-Day Mandate Day (UN)

MDTF Multi-Donor Trust Fund

MDTFs Multi-Donor Trust Funds

MEM Ministry of Energy and Mining

MIC Ministry of International Corporation

MOF Ministry of Finance

MOU Memorandum of Understanding

MOU-CH Memorandum of Understanding on Cessation of Hostilities MP Machakos Protocol

NA National Assembly

NAC National Audit Chamber

NC National Capital

NCA National Congress Act

NCA National Court of Appeal

NLC National Liberation Council (of SPLM/A)

NCOs Non-Commissioned Officers

NCP National Congress Party

NCRC National Constitutional Review Commission

NSC National Civil Service

NCSC National Civil Service Commission

NCSG Northern Civil Society Groups

NDDRC Northern Sudan DDR Commission

NDDRCC National DDR Coordination Council

NE National Executive

NEC National Electoral Commission

NG National Government

NGOs Non-governmental Organizations

NJSC National Judicial Service Commission

NL National Legislature

NLC National Land Commission

NLC National Liberation Council

NM Nuba Mountains

NMDTF National Multi-Donor Trust Fund

NPC National Petroleum Commission

NPCA National Population Census Act

NPF Northern Political Forces

NRDF National Reconstruction and Development Fund

NRF National Revenue Fund

NSA National Security Act

NSC National Supreme Court

NSS National Security Service

OAG Other Armed Groups

OAGs CC Other Armed Groups Collaborative Committee

ORSA Oil Revenue Stabilization Account

PAEC Parliamentary Assessment and Evaluation Commission

PC Presidential Council

PCA Permanent Ceasefire Agreement

PIP Pre-Interim Period

POW Prisoners of War

PSP Power Sharing Protocol

SA Security Arrangements

SAF Sudan Armed Forces

SC State Constitution

SCM State Council of Ministers

SSDDRC Southern Sudan DDR Commission

SIC State Interim Constitution

SJ State Judiciary

SK Southern Kordofan

SL State Legislature

SLC State Land Commission

SNAF Sudan National Armed Forces

SOFA Status of Forces Agreement

SOMA Status of Mission Agreement

SP State Police

SPF Southern Political Forces

SPLA Sudan People’s Liberation Army

SPLM Sudan People’s Liberation Movement

SPLM/A Sudan People’s Liberation Movement/Sudan People’s Liberation Army

SPS State Police Service

SPS Special Administrative Status

SRS State Revenue Sources

SSC State Security Committee

SSC Southern Sudan Constitution

SSL Southern Sudan Legislature

SSL Southern Sudan Laws

SSLC Southern Sudan Land Commission

SSMDTF Southern Sudan Multi-Donor Trust Fund

SSRDF Southern Sudan Reconstruction and Development Fund

SSSC Southern Sudan Supreme Court

UN United Nations

UNAMIS United Nations Advanced Mission in Sudan

UNDP United Nations Development Programme

UNDPKO United Nations Department of Peacekeeping Operations UNFPA United Nations Population Fund

UNHCR United Nations High Commission/High Commissioner for Refugees

UNICEF United Nations International Children’s Emergency Fund

VAT Value Added Tax

VMM Verification and Monitoring Team

VMT Verification and Monitoring Team

WB World Bank

WK Western Kordofan

WSA Wealth Sharing Agreement

CHAPEAU OF THE COMPREHENSIVE PEACE AGREEMENT

WHEREAS the Government of the Republic of the Sudan (GOS) and the Sudan People's Liberation Movement/Sudan People's Liberation Army (SPLM/A) (hereinafter referred to as the "Parties"), having met in continuous negotiations between May 2002 and December 2004, in Karen, Machakos, Nairobi, Nakuru, Nanyuki and Naivasha, Kenya, under the auspices of the Inter-Governmental Authority on Development (IGAD) Peace Process, and, in respect of the issues related to the Conflict Areas of Southern Kordofan and Blue Nile States and Abyei Area, under the auspices of the Government of the Republic of Kenya;

CONSCIOUS that the conflict in the Sudan is the longest running conflict in Africa;

that it has caused tragic loss of life, destroyed the infrastructure of the country, eroded its economic resources and caused suffering to the people of the Sudan;

MINDFUL of the urgent need to bring peace and security to the people of the Sudan who have endured this conflict for far too long;

AWARE of the fact that peace, stability and development are aspirations shared by all people of the Sudan;

IN PURSUANCE OF the commitment of the Parties to a negotiated settlement on the basis of a democratic system of governance which, on the one hand, recognizes the right of the people of Southern Sudan to self-determination and seeks to make unity attractive during the Interim Period, while at the same time is founded on the values of justice, democracy, good governance, respect for fundamental rights and freedoms of the individual, mutual understanding and tolerance of diversity within the realities of the Sudan;

RECORDING AND RECONFIRMING that in pursuance of this commitment the Parties duly reached agreement on the following texts:

the Machakos Protocol, dated 20th July, 2002 which is set out in Chapter I of the Comprehensive Peace Agreement (CPA);

the Agreement on Security Arrangements, dated 25th September, 2003 which is set out in Chapter VI of the CPA;

the Agreement on Wealth Sharing, dated 7th January, 2004 which is set out in Chapter III of the CPA;

the Protocol on Power Sharing, dated 26th May, 2004 which is set out in Chapter II of the CPA;

the Protocol on the Resolution of the Conflict In Southern Kordofan and Blue Nile States, dated 26th May, 2004 which is set out in Chapter V of the CPA;

and the Protocol on the Resolution of the Conflict in Abyei Area,

dated 26th May, 2004 which is set out in Chapter IV of the CPA;

and that the Security Council of the United Nations in its Resolution 1574 of 19th November, 2004, took note of these aforementioned Protocols and Agreements;

RECOGNIZING that the Parties have concluded an Agreement on a Permanent Ceasefire and Security, Arrangements Implementation Modalities During the Pre-Interim and Interim Periods dated 31st December, 2004 which is set out in Annexure I of the

CPA, within the Framework of the Agreement on Security Arrangements of 25th September, 2003;

FURTHER RECOGNIZING that the Parties have also concluded the Agreement on the Implementation Modalities of the Protocols and Agreements dated 31st December, 2004 which is set out in Annexure II of the CPA;

NOW HEREIN THE PARTIES JOINTLY ACKNOWLEDGE that the CPA offers

not only hope but also a concrete model for solving problems and other conflicts in the country;

THE PARTIES FURTHER ACKNOWLEDGE that the successful implementation of the CPA shall provide a model for good governance in the Sudan that will help create a solid basis to preserve peace and make unity attractive and therefore undertake to fully adhere to the letter and spirit of the CPA so as to guarantee lasting peace, security for all, justice and equality in the Sudan;

NOW THEREFORE, THE PARTIES AGREE, upon signing this Agreement, on the following:

(1) The Pre-Interim Period shall commence, and all the obligations and commitments specified in the CPA shall be binding in accordance with the provisions thereof;

(2) The CPA shall be comprised of the texts of the Protocols and Agreements already signed, together with this Chapeau, the Agreement on Permanent Ceasefire and Security Arrangements Implementation Modalities and Appendices as Annexure I and the Agreement on the Implementation Modalities and the Global Implementation Matrix and Appendices as Annexure

(3) The agreed Arabic and English texts of the CPA shall both be official and authentic.

However, in the event of a dispute regarding the meaning of any provision of the text, and only if there is a difference in meaning between the Arabic and English texts;

the English text shall be authoritative as English as the language of the peace negotiations. (

4) Upon completion the official and authentic Arabic and English texts of the CPA, the initialled copies of both texts shall be given to both Parties, and copies shall also be lodged with the United Nations, the African Union, IGAD Secretariat in Djibouti, the League of Arab States and the Republic of Kenya. (

5) All persons performing governmental functions shall continue to do so at the place at which they render such services or perform such functions unless or until redeployed or alternative instructions are received in accordance with the arrangements agreed by the Parties. (

6) To establish such priority joint task teams, particularly the Joint National Transitional Team (JNTT), the Abyei Boundaries Commission (ABC), the Constitutional Task Team and the Joint Technical Team on "New National Currency" as required to facilitate and prepare for the operationalization of the Agreement once it is put into force;

(7) To take the necessary steps to ensure the effective implementation of the Permanent Ceasefire;

(8) To take such steps as are necessary to ensure that resources and funds .are available for the establishment of the structures, bodies and institutions contemplated by the CPA especially the establishment of the Government of Southern Sudan;

THE PARTIES EXPRESS THEIR GRATITUDE for the persistent efforts of the Facilitators, the IGAD Member States, and the International Community in assisting the people of the Sudan to return to peace and stability, and in particular, to the African Union, IGAD Partners Forum, the United Nations, and the Governments of Italy, Norway, United Kingdom and the United States of America for their support for the IGAD Peace Initiative and their unwavering interest and consistent endeavours in support of the Peace Process;

THE PARTIES JOINTLY APPEAL to the Regional and International Community and call on Organizations and States which have been requested to witness the signing of this Agreement to provide and affirm their unwavering support to the implementation of the CPA, and further appeal to· them to avail resources for the necessary and urgent programmes and activities of the transition to peace as contemplated and agreed herein;

THE PARTIES RECOGNIZE the enormity of the tasks that lie ahead in successfully implementing the Comprehensive Peace Agreement and in signing below and before the witnesses here present, they reconfirm their commitment to implement the Comprehensive Peace Agreement fully and jointly.

CHAPTER I THE MACHAKOS PROTOCOL SIGNED AT MACHAKOS, KENYA ON 20TH JULY, 2002 THE PREAMBLE, PRINCIPLES, AND THE TRANSITION

WHEREAS the Government of the Republic of the Sudan and the Sudan People's Liberation Movement/Sudan People's Liberation Army (hereafter referred to as the Parties) having met in Machakos, Kenya, from 18 June 2002 through 20 July 2002;

and

WHEREAS the Parties are desirous of resolving the Sudan Conflict in a just and sustainable manner by addressing the root causes of the conflict and by establishing a framework for governance through which power and wealth shall be equitably shared and human rights guaranteed;

and

MINDFUL that the conflict in the Sudan is the longest running conflict in Africa, that it has caused horrendous loss of life and destroyed the infrastructure of the country, wasted economic resources, and has caused untold suffering, particularly with regard to the people of South Sudan;

and

SENSITIVE to historical injustices and inequalities in development between the different regions of the Sudan that need to be redressed;

and

RECOGNIZING that the present moment offers a window of opportunity to reach a just peace agreement to end the war;

and

CONVINCED that the rejuvenated IGAD peace process under the chairmanship of the Kenyan President, H.E. Daniel T. arap Moi, provides the means to resolve the conflict and reach a just and sustainable peace;

and

COMMITTED to a negotiated, peaceful, comprehensive resolution to the conflict based on the Declaration of Principles (DOP) for the benefit of all the people of the Sudan;

NOW THEREFORE, the Parties hereto hereby agree as follows:

PART A - AGREED PRINCIPLES

1.1 That the unity of the Sudan, based on the free will of its people democratic governance, accountability, equality, respect, and justice for all citizens of the Sudan is and shall be the priority of the parties and that it is possible to redress the grievances of the people of South Sudan and to meet their aspirations within such a framework.

1.2 That the people of South Sudan have the right to control and govern affairs in their region and participate equitably in the National Government.

1.3 That the people of South Sudan have the right to self-determination, inter alia, through a referendum to determine their future status.

1.4 That religion, customs, and traditions are a source of moral strength and inspiration for the Sudanese people.

1.5 That the people of the Sudan share a common heritage and aspirations and accordingly agree to work together to:

1.6 Establish a democratic system of governance taking account of the cultural, ethnic, racial, religious and linguistic diversity and gender equality of the people of the Sudan.

1.7 Find a comprehensive solution that addresses the economic and social deterioration of the Sudan and replaces war not just with peace, but also with social, political and economic justice which respects the fundamental human and political rights of all the Sudanese people.

1.8 Negotiate and implement a comprehensive cease-fire to end the suffering and killing of the Sudanese people.

1.9 Formulate a repatriation, resettlement, rehabilitation, reconstruction and development plan to address the needs of those areas affected by the war and redress the historical imbalances of development and resource allocation.

1.10 Design and implement the Peace Agreement so as to make the unity of the Sudan an attractive option especially to the people of South Sudan.

1.11 Undertake the challenge by finding a framework by which these common objectives can be best realized and expressed for the benefit of all the Sudanese.

PART B - THE TRANSITION PROCESS

In order to end the conflict and to secure a peaceful and prosperous future for all the people of the Sudan and in order to collaborate in the task of governing the country, the Parties hereby agree to the implementation of the Peace Agreement in accordance with the sequence, time periods and process set out below.

2. There shall be a Pre-Interim Period, the duration of which shall be six (6) months.

2.1 During the Pre-Interim Period:

a) The institutions and mechanisms provided for in the Peace Agreement shall be established;

b) If not already in force, there shall be a cessation of hostilities with appropriate monitoring mechanisms established;

c) Mechanisms to implement and monitor the Peace Agreement shall be created;

d) Preparations shall be made for the implementation of a comprehensive cease-fire as soon as possible;

e) International assistance shall be sought;

and

f) A Constitutional Framework for the Peace Agreement and the institutions referred to in 2.1 (a) shall be established.

2.2 The Interim Period will commence at the end of the Pre-Interim Period and shall last for six years.

2.3 Throughout the Interim Period:

a) The institutions and mechanisms established during the Pre-Interim Period shall be operating in accordance with the arrangements and principles set out in the Peace Agreement.

b) If not already accomplished, the negotiated comprehensive cease-fire will be implemented and international monitoring mechanisms shall be established and operationalized.

2.4 An independent Assessment and Evaluation Commission shall be established during the Pre-Interim Period to monitor the implementation of the Peace Agreement and conduct a mid-term evaluation of the unity arrangements established under the Peace Agreement.

2.4.1.

The composition of the Assessment and Evaluation Commission shall consist of equal representation from the GOS and the SPLM/A, and not more than two (2) representatives, respectively, from each of the following categories:

2.4.1.1.

Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea, Ethiopia, Kenya, and Uganda);

2.4.1.2.

Observer States (Italy, Norway, UK, and US);

and

2.4.1.3.

Any other countries or regional or international bodies to be agreed upon by the parties.

2.4.2 The Parties shall work with the Commission during the Interim Period with a view to improving the institutions and arrangements created under the Agreement and making the unity of Sudan attractive to the people of South Sudan.

2.5 At the end of the six (6) year Interim Period there shall be an internationally monitored referendum, organized jointly by the GOS and the SPLM/A, for the people of South Sudan to:

confirm the unity of the Sudan by voting to adopt the system of government established under the Peace Agreement;

or to vote for secession.

2.6 The parties shall refrain from any form of unilateral revocation or abrogation of the Peace Agreement.

STATE AND RELIGION

Recognizing that Sudan is a multi-cultural, multi-racial, multi-ethnic, multi-religious, and multi-lingual country and confirming that religion shall not be used as a divisive factor, the Parties hereby agree as follows:

6.1 Religions, customs and beliefs are a source of moral strength and inspiration for the Sudanese people.

6.2 There shall be freedom of belief, worship and conscience for followers of all religions or beliefs or customs and no one shall be discriminated against on such grounds.

6.3 Eligibility for public office, including the presidency, public service and the enjoyment of all rights and duties shall be based on citizenship and not on religion, beliefs, or customs.

6.4 All personal and family matters including marriage, divorce, inheritance, succession, and affiliation may be governed by the personal laws (including Sharia or other religious laws, customs, or traditions) of those concerned.

6.5 The Parties agree to respect the following Rights:

6.5.1.

To worship or assemble in connection with a religion or belief and to establish and maintain places for these purposes;

6.5.2.

To establish and maintain appropriate charitable or humanitarian institutions;

6.5.3.

To make, acquire and use to an adequate extent the necessary articles and materials related to the rites or customs of a religion or belief;

6.5.4.

To write, issue and disseminate relevant publications in these areas;

6.5.5.

To teach religion or belief in places suitable for these purposes;

6.5.6.

To solicit and receive voluntary financial and other contributions from individuals and institutions;

6.5.7.

To train, appoint, elect or designate by succession appropriate leaders called for by the requirements and standards of any religion or belief;

6.5.8.

To observe days of rest and to celebrate holidays and ceremonies in accordance with the precepts of one's religious beliefs;

6.5.9.

To establish and maintain communications with individuals and communities in matters of religion and belief and at the national and international levels.

6.5.10.

For avoidance of doubt, no one shall be subject to discrimination by the National Government, state, institutions, group of persons or person on grounds of religion or other beliefs.

6.6 The Principles enumerated in Section 6.1 through 6.5 shall be reflected in the Constitution.

PART C - STRUCTURES OF GOVERNMENT

To give effect to the agreements set out in Part A, the Parties, within a framework of a unified Sudan which recognizes the right to self-determination for the people of Southern Sudan, hereby agree that with respect to the division of powers and the structures and functions of the different organs of government, the political framework of governance in the Sudan shall be structured as follows:

3.1 Supreme Law

3.1.1 The National Constitution of the Sudan shall be the Supreme Law of the land.

All laws must comply with the National Constitution.

This constitution shall regulate the relations and allocate the powers and functions between the different levels of government as well as prescribe the wealth sharing arrangements between the same.

The National Constitution shall guarantee freedom of belief, worship and religious practice in full to all Sudanese citizens.

3.1.2 A representative National Constitutional Review Commission shall be established during the Pre-Transition Period which shall have as its first task the drafting of a Legal and Constitutional Framework to govern the Interim Period and which incorporates the Peace Agreement.

3.1.3 The Framework mentioned above shall be adopted as shall be agreed upon by the Parties.

3.1.4 During the Interim Period an inclusive Constitutional Review Process shall be undertaken.

3.1.5 The Constitution shall not be amended or repealed except by way of special procedures and qualified majorities in order that the provisions of the Peace Agreement are protected.

3.2 National Government

3.2.1 There shall be a National Government which shall exercise such functions and pass such laws as must necessarily be exercised by a sovereign state at national level.

The National Government in all its laws shall take into account the religious and cultural diversity of the Sudanese people.

3.2.2 Nationally enacted legislation having effect only in respect of the states outside Southern Sudan shall have as its source of legislation Sharia and the consensus of the people.

3.2.3 Nationally enacted legislation applicable to the southern States and/or the Southern Region shall have as its source of legislation popular consensus, the values and the customs of the people of Sudan including their traditions and religious beliefs, having regard to Sudan's diversity).

3.2.4.

Where national legislation is currently in operation or is enacted and its source is religious or customary law, then a state or region, the majority of whose residents do not practice such religion or customs may:

(i) Either introduce legislation so as to allow or provide for institutions or practices in that region consistent with their religion or customs, or

(ii) Refer the law to the Council of States for it to approve by a two-thirds majority or initiate national legislation which will provide for such necessary alternative institutions as is appropriate.

THE RIGHT TO SELF-DETERMINATION FOR THE PEOPLE OF SOUTH SUDAN

1.3 That the people of South Sudan have the right to self-determination, inter alia, through a referendum to determine their future status.

2.4 An independent Assessment and Evaluation Commission shall be established during the Pre-Transition period to monitor the implementation of the Peace Agreement during the Interim Period.

This Commission shall conduct a mid-term evaluation of the unity arrangements established under the Peace Agreement.

2.4.1 The composition of the Assessment and Evaluation Commission shall consist of equal representation from the GOS and the SPLM/A, and not more than two (2) representatives, respectively, from each of the following categories:

2.4.1.1.

Member states of the IGAD Sub-Committee on Sudan (Djibouti, Eritrea, Ethiopia, Kenya, and Uganda);

2.4.1.2.

Observer States (Italy, Norway, UK, and US);

and

2.4.1.3.

Any other countries or regional or international bodies to be agreed upon by the parties.

2.4.2 The Parties shall work with the Commission during the Interim Period with a view to improving the institutions and arrangements created under the Agreement and making the unity of Sudan attractive to the people of South Sudan.

2.5 At the end of the six (6) year interim period there shall be an internationally monitored referendum, organized jointly by the GOS and the SPLM/A, for the people of South Sudan to:

confirm the unity of the Sudan by voting to adopt the system of government established under the Peace Agreement;

or to vote for secession.

2.6 The Parties shall refrain from any form of unilateral revocation or abrogation of the Peace Agreement.

CHAPTER II, POWER SHARING, SIGNED AT NAIVASHA, KENYA ON 26TH MAY, 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 m 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 0F 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

1.1 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 20 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 elections 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 2J2.6 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