The Implementation Modalities for the Protocol on the Resolution of Conflict in Southern Kordofan and Blue Nile States, dated 26th May, 2004

  • Country/entity
    South Sudan
    Sudan
    Southern Kordofan - Blue Nile - Abyei
  • Region
    Africa (excl MENA)
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name
    The Implementation Modalities for the Protocol on the Resolution of Conflict in Southern Kordofan and Blue Nile States, dated 26th May, 2004
  • Date
    31 Dec 2004
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Sudan Conflicts (1955 - ) )
  • Stage
    Implementation/renegotiation
  • Conflict nature
    Government/territory
  • Peace process
    Kordofan - Blue Nile - Abyei process
  • Parties
    The Government of Sudan, Sudan People's Liberation Movement/Army
  • Third parties
    -
  • Description
    An agreement by the parties on implementation modalities for the Protocol on the Resolution of the Conflict in Southern Kordofan and Blue Nile State, of which both agreements are incorporated into the Comprehensive Peace Agreement. The implementation modalities provide a table settting out modalities for statehood and governance issues, state judiciary, state share in national wealth, state land commission, security arrangements, pre-election arrangements. An Annex sets out an agreement on the framework for governance of the State of Southern Kordofan.


Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons

    No specific mention.

  • Social class

    No specific mention.


Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.


State definition

  • Nature of state (general)
    A. provides for settling the name of Nuba Mountains/Southern Kordofan and issues of merger, and B. provides for subjecting the Comprehensive Peace Agmt to the will of the people of the two areas; Southern Kordofan Annex: provides that the name of the state shall be Southern Kordofan
  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation
    Page 11, Southern Kordofan Appendix - State of Southern Kordofan
    11. Presidency declares the formation of Southern Kordofan State as per agreed borders of 1974.
  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→New political institutions (indefinite)
    B.6 provides for establishing state legislature, 7. appointment of governor and deputy governor, and 8. appointment of state council of ministers in pre-elections and commissioners, 10. establishment of local councils; C. 1 provides for drafting, preparation and adoption of state constitution, D. establishment of state courts; H. governs pre-election arrangements for the representation of the state in national insitutions, national legislative assembly, rep. In constitutional review process; Southern Kordofan Annex: governs power-sharing make-up of state legislature and cabinet, and 9. provides that the seat of govt will alternate between Kaduglia and El-Fula

    Pages 2-4, B. Popular Consultation
    2. Establishment of two Parliamentary Assessment and Evaluation Commissions
    [Reference in the Agreement: 3.3.]

    Pages 2-4, B. Popular Consultation
    3. Establishment of Presidential Monitoring and Evaluation Commission
    [Reference in the Agreement: 3.4.]

    Pages 2-4, B. Popular Consultation
    5. Rectifying the Peace Agreement
    [Reference in the Agreement: 3.6.]

    Pages 2-4, B. Popular Consultation
    6. Establishment of Stage Legislature
    [Reference in the Agreement: 4., 6.]

    Pages 2-4, B. Popular Consultation
    7. Appointment of Governor and Deputy Governor
    [Reference in the Agreement: 4.2.1., 5.1., 5.3, 11.]

    Pages 2-4, B. Popular Consultation
    8. Appointment of State Council Ministers in Pre-Elections and Commissioners
    [Reference in the Agreement: 4.2.2., 5.2., 5.3, 11.]

    Pages 2-4, B. Popular Consultation
    9. Appointment of State Council of Ministers and Commissioners
    [Reference in the Agreement: 4.2.2., 5.2., 5.3, 5.5., 11.]

    Pages 2-4, B. Popular Consultation
    10. Establishment of local councils pre-elections
    [Reference in the Agreement: 5.5]

    Pages 2-4, B. Popular Consultation
    11. Elected Local Councils
    [Reference in the Agreement: 5.5]

    Page 4-5, C. The State Legislature
    1. Drafting, preparation and adoption of State Constitution
    [Procedures and process entail consultation with the population; Reference in Agreement: 6.2.]

    Page 4-5, C. The State Legislature
    1. Drafting, preparation and adoption of State Constitution
    [Procedures and process entail consultation with the population, model State Constitution based on Interim National Constitution, state values and customs, and confirmation of compatibility from the Ministry of Justice; Reference in Agreement: 6.2.]

    Page 4-5, C. The State Legislature
    2. New Legislation/laws
    [Reference in Agreement: 6.5.]

    Page 5, D. The State Judiciary:
    Establishment of State Courts
    [Reference in Agreement: 7.2.]

    Page 8, H. Pre-Election Arrangements
    1. Representation of the state in National institutions
    2. Representation in national legislative assembly
    3. Representation in Council of states
    4. Representation Fiscal and Financial Allocation & Monitoring Commission
    6. Representation in Constitutional Review Process
    [Reference in the Agreement: 11.2]

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    2. The State Legislature shall compose of Fifty-Four (54) members, Thirty Six (36) from the previous Southern Kordofan component and Eighteen (18) from the previous Western Kordofan component including Abyei. However representation of the two components is subject to readjustment according to the population census and the decision of the National Electoral Commission as appropriate.

    Page 11, Southern Kordofan Appendix - State of Southern Kordofan
    10. Notwithstanding that Kadugli is the Capital and seat of the state legislature, the State Legislature shall convene its sessions alternately in Kadugli and El-Fula.
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    3. For the pre-election formation of the State Legislature, the GOS shall nominate Eighteen (18) members from the previous Southern Kordofan component and Twelve (12) members form the previous Western Kordofan component, whereas the SPLM/A shall nominate Eighteen (18) members from the previous southern Kordofan component and Six (6) members from the previous Western Kordofan component.

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    4. The State Cabinet shall be composed as follows:
    4.1. The State shall have Eleven (11) cabinet members including the Governor and the Deputy Governor, Seven (7) cabinet members shall be from the Southern Kordofan component and Four (4) cabinet members shall be from the Western Kordofan component.
    4.2. For the pre-election formation of the State cabinet, the GOS shall nominate Six (6) cabinet members of whom Three (3) shall be from each component, whereas the SPLM/A shall nominate Five (5) cabinet members of whom Four (4) shall be from the previous Southern Kordofan component and One (1) shall be from the previous Western Kordofan component.

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    5. Regarding the representation of the State in the Council of States:
    5.1. Each of the two components shall have one of the two representatives in the Council of States. However, this arrangement shall be subject to any agreed future changes.
    5.2. In the pre-election arrangement the GOS shall nominate the representatives from the previous Western Kordofan component whereas the SPLM/A shall nominate the representative from the previous Southern Kordofan Component.
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Pages 2-4, B. Popular consultation
    1. Subjecting the Comprehensive Agreement to the will of the people of the two areas [Reference in the Agreement: 3.2]

    Page 4-5, C. The State Legislature
    1. Drafting, preparation and adoption of State Constitution
    [Procedures and process entail consultation with the population, state values and customs, and confirmation of compatibility from the Ministry of Justice; Reference in Agreement: 6.2.]
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution
    Governance→Constitution→Constitutional reform/making
    Pages 2-4, B. Popular Consultation
    5. Rectifying the Peace Agreement
    [Reference in the Agreement: 3.6]

    Page 4-5, C. The State Legislature
    1. Drafting, preparation and adoption of State Constitution
    [Procedures and process entail consultation with the population, model State Constitution based on Interim National Constitution, state values and customs, and confirmation of compatibility from the Ministry of Justice; Reference in Agreement: 6.2.]

    Page 4-5, C. The State Legislature
    2. New Legislation/laws
    [Reference in Agreement: 6.5.]

    Page 4-5, D. The State Judiciary:
    Establishment of State Courts
    [Interim State Constitution to provide for establishment of state courts; Reference in Agreement: 7.2.]

    Page 8, H. Pre-Election Arrangements
    6. Representation in Constitutional Review Process
    [Reference in the Agreement: 11.2]

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    State level
    Sub-state level
    Summary, limited state level power sharing is provided for, see below.

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    5. Regarding the representation of the State in the Council of States:
    5.1. Each of the two components shall have one of the two representatives in the Council of States. However, this arrangement shall be subject to any agreed future changes.
    5.2. In the pre-election arrangement the GOS shall nominate the representatives from the previous Western Kordofan component whereas the SPLM/A shall nominate the representative from the previous Southern Kordofan Component.

    Summary: Sub-state level power sharing is provided for in the state of Southern Kordofan, which is established by the agreement, see below.
    Power sharing→Political power sharing→Executive coalition
    State level
    Sub-state level
    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    4. The State Cabinet shall be composed as follows:
    4.1. The State shall have Eleven (11) cabinet members including the Governor and the Deputy Governor, Seven (7) cabinet members shall be from the Southern Kordofan component and Four (4) cabinet members shall be from the Western Kordofan component.
    4.2. For the pre-election formation of the State cabinet, the GOS shall nominate Six (6) cabinet members of whom Three (3) shall be from each component, whereas the SPLM/A shall nominate Five (5) cabinet members of whom Four (4) shall be from the previous Southern Kordofan component and One (1) shall be from the previous Western Kordofan component.
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Sub-state level
    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    2. The State Legislature shall compose of Fifty-Four (54) members, Thirty Six (36) from the previous Southern Kordofan component and Eighteen (18) from the previous Western Kordofan component including Abyei. However representation of the two components is subject to readjustment according to the population census and the decision of the National Electoral Commission as appropriate.

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    3. For the pre-election formation of the State Legislature, the GOS shall nominate Eighteen (18) members from the previous Southern Kordofan component and Twelve (12) members form the previous Western Kordofan component, whereas the SPLM/A shall nominate Eighteen (18) members from the previous southern Kordofan component and Six (6) members from the previous Western Kordofan component.
  • Territorial power sharing
    Power sharing→Territorial power sharing→Local/municipal government
    Pages 2-4, B. Popular Consultation
    10. Establishment of local councils pre-elections
    [Reference in the Agreement: 5.5]

    Pages 2-4, B. Popular Consultation
    11. Elected Local Councils
    [Reference in the Agreement: 5.5]
    Power sharing→Territorial power sharing→Autonomous regions
    Pages 2-4, B. Popular Consultation
    6. Establishment of Stage Legislature
    [Reference in the Agreement: 4., 6.]

    Pages 2-4, B. Popular Consultation
    7. Appointment of Governor and Deputy Governor
    [Reference in the Agreement: 4.2.1., 5.1., 5.3, 11.]

    Pages 2-4, B. Popular Consultation
    8. Appointment of State Council Ministers in Pre-Elections and Commissioners
    [Reference in the Agreement: 4.2.2., 5.2., 5.3, 11.]

    Pages 2-4, B. Popular Consultation
    9. Appointment of State Council of Ministers and Commissioners
    [Reference in the Agreement: 4.2.2., 5.2., 5.3, 5.5., 11.]

    Page 4-5, C. The State Legislature
    1. Drafting, preparation and adoption of State Constitution
    [Procedures and process entail consultation with the population, model State Constitution based on Interim National Constitution, state values and customs, and confirmation of compatibility from the Ministry of Justice; Reference in Agreement: 6.2.]

    Page 4-5, C. The State Legislature
    2. New Legislation/laws
    [Reference in Agreement: 6.5.]

    Page 5, D. The State Judiciary:
    Establishment of State Courts
    [Reference in Agreement: 7.2.]

    Page 8, H. Pre-Election Arrangements
    1. Representation of the state in National institutions
    2. Representation in national legislative assembly
    3. Representation in Council of states
    5. Representation Fiscal and Financial Allocation & Monitoring Commission
    6. Representation in Constitutional Review Process
    [Reference in the Agreement: 11.2]

    Page 8, H. Pre-Election Arrangements
    8. Order in which each party assumes the governorship in each state
    [Reference in the Agreement: 11.1.5.]

    Page 9, H. Pre-Election Arrangements
    8.A. Southern Kordofan - First rotation SPLM assumes the office of the Governorship and the NCP assumes the office of the Deputy Governor
    [Reference in the Agreement: 11.1.5.]

    Page 9, H. Pre-Election Arrangements
    8.B. Blue Nile State - First rotation the NCP assumes the office of the Governorship and SPLM assumes the office of the Deputy Governor.
    [Reference in the Agreement: 11.1.5.]

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    2. The State Legislature shall compose of Fifty-Four (54) members, Thirty Six (36) from the previous Southern Kordofan component and Eighteen (18) from the previous Western Kordofan component including Abyei. However representation of the two components is subject to readjustment according to the population census and the decision of the National Electoral Commission as appropriate.

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    3. For the pre-election formation of the State Legislature, the GOS shall nominate Eighteen (18) members from the previous Southern Kordofan component and Twelve (12) members form the previous Western Kordofan component, whereas the SPLM/A shall nominate Eighteen (18) members from the previous southern Kordofan component and Six (6) members from the previous Western Kordofan component.

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    4. The State Cabinet shall be composed as follows:
    4.1. The State shall have Eleven (11) cabinet members including the Governor and the Deputy Governor, Seven (7) cabinet members shall be from the Southern Kordofan component and Four (4) cabinet members shall be from the Western Kordofan component.
    4.2. For the pre-election formation of the State cabinet, the GOS shall nominate Six (6) cabinet members of whom Three (3) shall be from each component, whereas the SPLM/A shall nominate Five (5) cabinet members of whom Four (4) shall be from the previous Southern Kordofan component and One (1) shall be from the previous Western Kordofan component.

    Page 10, Southern Kordofan Appendix - State of Southern Kordofan
    5. Regarding the representation of the State in the Council of States:
    5.1. Each of the two components shall have one of the two representatives in the Council of States. However, this arrangement shall be subject to any agreed future changes.
    5.2. In the pre-election arrangement the GOS shall nominate the representatives from the previous Western Kordofan component whereas the SPLM/A shall nominate the representative from the previous Southern Kordofan Component.
  • Economic power sharing
    Power sharing→Economic power sharing→Sharing of resources
    Page 6, E. State Share in National Wealth
    1. Collection of taxes and revenue
    [Reference in the Agreement: 8.2.]

    Page 6, E. State Share in National Wealth
    2. Transfer of State's share of (2%) of net oil revenue oil producing States
    [Reference in the Agreement: 8.3.]

    Page 6, E. State Share in National Wealth
    3. State representation in FFAMC
    [Reference in the Agreement: 8.4.]

    Page 6, E. State Share in National Wealth
    4. Transfer of State's share in NRDF
    [Reference in the Agreement: 8.5., 8.6, 8.7.]

    Page 6, E. State Share in National Wealth
    5. Presidential additional allocation to State
    [Reference in the Agreement: 8.9.]

    Page 7, E. State Share in National Wealth
    6. Establishment of Technical Committee for Division of government assets and disputes resolution
    [Reference in the Agreement: 8.14.]

    Page 8, H. Pre-Election Arrangements
    5. Representation Fiscal and Financial Allocation & Monitoring Commission
    7. Representation in NRDF Steering Committee
    [Reference in the Agreement: 11.2]

    Page 11, Southern Kordofan Appendix - State of Southern Kordofan
    8. The previous Western Kordofan component (with all its localities) shall continue to enjoy all benefits of the current Western Kordofan Fund, which shall be sustained by the National Government.

    Page 11, Southern Kordofan Appendix - State of Southern Kordofan
    9. The State share of the Oil Revenue shall be distributed as follows:
    8.1. The Two Percent (2%) due of the oil revenue produced in any part of the State shall benefite the two components of the state equitably.
    8.2. The Two Percent (2%) forming the MEssiriya share in Abyei oil shall benefit the previous Western Kordofan share of Abyei Oil shall be equally divded between the two components of the state One Percent (1%) each.
    8.3 The Two Percent (2%) forming the Western Kordofan share of Abyei Oil shall be equally divided between the two components of the state One Percent (1%) each.
  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation

    No specific mention.

  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts
    Page 4-5, C. The State Legislature
    1. Drafting, preparation and adoption of State Constitution
    [Procedures and process entail consultation with the population, state values and customs, and confirmation of compatibility from the Ministry of Justice; Reference in Agreement: 6.2.]

    Page 5, D. The State Judiciary:
    Establishment of State Courts
    [Reference in Agreement: 7.2.]
  • Prisons and detention
    Pages 2-4, B. Popular Consultation
    13. State Police Service, Prisons, Wildlife, Fire Brigade be recruited
    [Reference in the Agreement: 5.6]
  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
    Page 6, E. State Share in National Wealth
    4. Transfer of State's share in NRDF
    [Reference in the Agreement: 8.5., 8.6, 8.7.]

    Page 6, E. State Share in National Wealth
    5. Presidential additional allocation to State
    [Reference in the Agreement: 8.9.]

    Page 8, H. Pre-Election Arrangements
    7. Representation in NRDF Steering Committee
    [Reference in the Agreement: 11.2]
  • National economic plan

    No specific mention.

  • Natural resources
    Page 6, E. State Share in National Wealth
    2. Transfer of State's share of (2%) of net oil revenue oil producing States
    [Reference in the Agreement: 8.3.]
  • International funds
    Pages 2-4, B. Popular Consultation
    2. Establishment of two Parliamentary Assessment and Evaluation Commissions
    [Funding Sources: International Community and the Two States; Reference in the Agreement: 3.3.]

    Pages 2-4, B. Popular Consultation
    3. Establishment of Presidential Monitoring and Evaluation Commission
    [Funding Sources: International Community and the Two States; Reference in the Agreement: 3.4.]
  • Business

    No specific mention.

  • Taxation
    Socio-economic reconstruction→Taxation→Power to tax
    Page 6, E. State Share in National Wealth
    1. Collection of taxes and revenue
    [Reference in the Agreement: 8.2.]
  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights
    Land, property and environment→Land reform/rights→Land reform and management
    Page 7, F. State Land Commission
    1. Establishment of State Land Commission
    [Reference in the Agreement: 9.3]

    Page 7, F. State Land Commission
    2. Review existing land leases and contracts and examine the criteria
    [Reference in the Agreement: 9.6]
  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage
    Land, property and environment→Cultural heritage→Intangible
    Page 4-5, C. The State Legislature
    1. Drafting, preparation and adoption of State Constitution
    [Procedures and process entail consultation with the population and state values and customs; Reference in Agreement: 6.2.]
  • Environment
    Pages 2-4, B. Popular Consultation
    13. State Police Service, Prisons, Wildlife, Fire Brigade be recruited
    [Reference in the Agreement: 5.6]
  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 7, G. Security Arrangements
    SAF troops level in the two States
    [Reference in the Agreement: 10.1.]
  • Ceasefire

    No specific mention.

  • Police
    Pages 2-4, B. Popular Consultation
    13. State Police Service, Prisons, Wildlife, Fire Brigade be recruited
    [Reference in the Agreement: 5.6]
  • Armed forces
    Page 7, G. Security Arrangements
    SAF troops level in the two States
    [Reference in the Agreement: 10.1.]
  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.


Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release

    No specific mention.

  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Pages 2-4, B. Popular Consultation
    2. Establishment of two Parliamentary Assessment and Evaluation Commissions
    [Reference in the Agreement: 3.3.]

    Pages 2-4, B. Popular Consultation
    3. Establishment of Presidential Monitoring and Evaluation Commission
    [Reference in the Agreement: 3.4.]
  • Related cases

    No specific mention.

  • Source
    United States Institute of Peace (2005) Peace Agreements: Sudan - Peace Agreements Digital Collection. Available at: https://www.usip.org/publications/2005/03/peace-agreements-sudan (Accessed 14 October 2020).

[First 8 Pages contain an implementation matrix]

SOUTHERN KORDOFAN APPENDIX

STATE OF SOUTHERN KORDOFAN

1. The name of the State shall be Southern Kordofan and its Capital shall be Kadugli.

2. The State Legislature shall compose of Fifty-Four (54) members, Thirty Six (36) from the previous Southern Kordofan component and Eighteen (18) from the previous Western Kordofan component including Abyei.

However representation of the two components is subject to readjustment according to the population census and the decision of the National Electoral Commission as appropriate.

3. For the pre-election formation of the State Legislature, the GOS shall nominate Eighteen (18) .members from the previous Southern Kordofan component and Twelve (12) members from the previous Western Kordofan component, whereas the SPLM/A shall nominate Eighteen (18) members from the previous southern Kordofan component and Six (6) members from the previous Western Kordofan component.

4. The State Cabinet shall be composed as follows:-

4.1 The State shall have Eleven (11) cabinet members including the Governor and the Deputy Governor, Seven (7) cabinet members shall be

from the Southern Kordofan component and Four ( 4) cabinet members shall be from the Western Kordofan component.

4.2 For the pre-election formation of the State cabinet, the GOS shall nominate Six (6) cabinet members of whom Three (3) shall be from each component, whereas the SPLM/A shall nominate Five (5) cabinet members of whom Four (4) shall be from the previous Southern Kordofan component and One (1) shall be from the previous Western Kordofan component.

5. Regarding the representation of the State in the Council of States:-

5.1 Each of the two components shall have one of the two representatives in the Council of States.

However, this arrangement shall be subject to any agreed future changes.

5.2 In the pre-election arrangement the GOS shall nominate the representative from the previous Western Kordofan component whereas the SPLM/A shall nominate the representative from the previous Southern Kordofan Component.

6. El-Fula shall have branches of all the State ministries and Institutions each headed by a Deputy Secretary General.

The branch shall abide by the 7.

policies and directives of the concerned ministry and report to its Secretary General.

8. The previous Western Kordofan component (with all its localities) shall continue to enjoy all benefits of the current Western Kordofan Fund, which shall be sustained by the National Government.

9. The State share of the Oil Revenue shall be distributed as follows:-

8.1 The Two Percent (2%) due of the oil revenue produced in any part of the State shall benefit the two components of the state equitably.

8.2 The Two Percent (2%) forming the Messiriya share in Abyei oil shall benefit the previous Western Kordofan component

8.3 The Two Percent (2%) forming the Western Kordofan share of Abyei Oil shall be equally divided between the two components of the state One Percent (1 %) each.

10. Notwithstanding that Kadugli is tqe Capital and seat of the state legislature, the State legislature shall convene its sessions alternately in Kadugli and ElFula.

11. Presidency declares the formation of Southern Kordofan State as per agreed borders of 1974.