The Implementation Modalities of the Protocol on Power Sharing, dated 26th May, 2004

  • Country/entity
    South Sudan
    Sudan
  • Region
    Africa (excl MENA)
    Africa (excl MENA)
  • Agreement name
    The Implementation Modalities of the Protocol on Power Sharing, 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
    Sudanese (North-South) peace process
  • Parties
    The Government of Sudan; Sudan People's Liberation Movement/Army
  • Third parties
    -
  • Description
    An agreement on the implementation modalities of the Machakos and power sharing protocols, with provisions on the referendum for the people of South Sudan, national reconciliation and healing, power-sharing mechanisms at the national level, sub-state level, and in Southern Sudan, taking into account the protocols on the resolution of the conflict in Abyei and the Kordofan and Blue Nile States, with their respective provisions on administrative status and representation. Attached to the agreement are Appendixes which denote the functions of the first vice president and the vice president, in addition to the appointments that require or do not require consultation or consent in the executive coalition. Lastly, the Appendix D provides a table of the Clusters of National Ministries.


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
    Groups→Racial/ethnic/national group→Substantive
    Page 18, Power Sharing: Part II
    35. Development and promotion of national languages
    a. Enactment of a founding law
    b. Establishment of a council for development and promotion of national languages
    [Reference in the Agreement: PS 2.8.1]
  • Religious groups
    Groups→Religious groups→Substantive
    Page 14, Power Sharing: Part II
    23. Appointment of a special commission to ensure that the rights of non-Muslims are protected in the National Capital
    24. Establishment of mechanisms of guarantees of the rights of non-Muslims in the National Capital
  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Substantive
    Page 3, Machakos Protocol
    2. Plan for 5 Rs (Repatriation, Resettlement, Reintegration, Rehabilitation, and Reconstruction)
    [Reference in Agreements: MP 1.5.4]
  • 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)
    Protocol 1. provides for self-determination referendum for the people of South Sudan; 4. provides for 'Improvement of Institutions and arrangements created under the Agreement to making the unity of Sudan attractive to the people of Southern Sudan; 35. provides for development and promotion of national languages and establishment of a council to develop and promote national languages; 46. provides for determination of the North/South border of 1/1/1956; 56. provides for establishment of Abyei Area Council; Annex B.1. provides for establishment of Abyei Boundaries Commission and Abyei Referendum Commission; Annex C-2 president to decide whether to put special administrative status of Abyei Area into effect

    Page 4, Machakos Protocol
    4. Improvement of institutions and arrangements created under the Agreement to making the unity of Sudan attractive to the people of Southern Sudan
    [Reference in Agreements: MP 2.4.2]
  • State configuration

    No specific mention.

  • Self determination
    Page 2, Machakos Protocol
    1. Self determination Referendum for people of South Sudan
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]
  • Referendum
    Page 2, Machakos Protocol
    1. Self determination Referendum for people of South Sudan
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]

    Page 2, Machakos Protocol
    1.(a) Enactment of Referendum Act
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]

    Page 2, Machakos Protocol
    1.(b) Establishment of Referendum Commission
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]

    Page 2, Machakos Protocol
    1.(c) Registration of voters
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]

    Page 3, Machakos Protocol
    1.(d) Enlightenment campaign on the Referendum
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]

    Page 3, Machakos Protocol
    1.(e) Voting
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    6. Establishment of Ad-Hoc Commission to monitor and ensure accuracy, legitimacy and transparency of the Referendum (2.10.1.5 of PSP and 2.5 of MP)

    Page 31, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    25. Establishment of Abyei Referendum Commission (8.1 of AP)
  • State symbols
    Page 13, Power Sharing: Part II
    21. Representiveness of the administration of the National Capital
    [Reference in the Agreement: 2.4.2]

    Page 15, Power Sharing: Part II
    27. Information Campaign in all languages to popularize the Peace Agreement and foster national unity, reconciliation, and mutual understanding.
    [Reference in the Agreement: PS 2.5.9]

    Page 18, Power Sharing: Part II
    35. Development and promotion of national languages
    a. Enactment of a founding law
    b. Establishment of a council for development and promotion of national languages
    [Reference in the Agreement: PS 2.8.1]
  • Independence/secession
    Page 2, Machakos Protocol
    1. Self determination Referendum for people of South Sudan
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]
  • Accession/unification

    No specific mention.

  • Border delimitation
    Page 23, Power Sharing: Part III
    46. Determination of North/South border of 1/1/1956
    [Reference in the Agreement: PS 3.1]

    Page 31, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    24. Establishment of Abyei Boundaries Commission (5.1 of AP)
  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→General references
    [[3. provides for adoption of interim national constitution (INC); Power-sharing Part 1. provides for political parties act; 9. provides for enactment of national electoral law and establishment of National Electoral Commission, and general elections comprising elections for state governors, national assembly, the legislature of Southern Sudan, and state legislatures all over Sudan, and presidential elections and election to President of Southern Sudan; Part II: establishes the Council of States to comprise reps from each state plus observers from Abyei Area, to function as upper chamber; 12. provides for establishment and convening of national assembly; 13. Joint Constitutional Task Team to draft constitutional text and decide relationship between upper and lower chambers; 19. the jurisdiction of the Ministry of Defence shall not extend to the SPLA, and the jurisidiction of the Ministry of Guidance and Endowment and the Ministry of Federal Governance shall not extend to the Southern States; 26. sets out allocation of seats of the national executive (power-sharing); 28. provides for National Civil Service Commission; 41. establishment and composition of the National Constitutional Review Commission; 45. provides for organization of an inclusive constitutional review process; establishment of an inclusive South Sudan Constitutional Drafting Committee; 48. provides for establishment of the First Sudan Assembly, and 51. council of ministers of GOSS, and 54. appointment of state governors and 55. state legislatures; 56. provides for establishment of Abyei Area Council; Appendix A: functions of the first vice president, and B. the appointments that the President is required to make; Appendix D lists clusters of ministries]]

    Page 2, Machakos Protocol
    1. Self determination Referendum for people of South Sudan
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]

    Page 4, Machakos Protocol
    4. Improvement of institutions and arrangements created under the Agreement to making the unity of Sudan attractive to the people of Southern Sudan
    [Reference in Agreements: MP 2.4.2]

    Page 8, Power Sharing: Part II
    11. The Council of States
    [Reference in the Agreement: PS 2.2.3.2]

    Page 10, Power Sharing: Part II
    13. Determination of the scope of legislative competency of the National Assembly and the Council of States respectively
    [Reference in the Agreement: PS 2.2.5]

    Page 11, Power Sharing: Part II
    14. Elections of Speakers, Deputy Speakers and other officers of the National Legislature
    [Reference in the Agreement: PS 2.2.12]

    Page 11, Power Sharing: Part II
    15. Establishment of the Institution of the Presidency
    [Reference in the Agreement: PS 2.3.2]

    Page 12, Power Sharing: Part II
    18. Establishment of Council of Ministers (prior to elections)
    [Reference in the Agreement: PS 2.3.12]

    Page 15, Power Sharing: Part II
    25. Clustering of National Ministries.
    [Reference in the Agreement: PS 2.5.3]

    Page 20, Power Sharing: Part II
    38. The National Judicial Service Commission
    a. Enactment of the NJSC Act
    b. Establishment of the National Judicial Service Commission (NJSC)
    [Reference in the Agreement: PS 2.11.4.5]

    Page 21, Power Sharing: Part II
    39. Southern Sudan representation in Constitutional Court, National Supreme Court and other national courts in the Capital
    [Reference in the Agreement: PS 2.11.4.6(iii)]

    Page 22, Power Sharing: Part II
    40. Submission and approval of the CPA to the National Assembly (NA) and National Liberation Council (NLC)
    [Reference in the Agreement: PS 2.12.4.1]

    Page 23, Power Sharing: Part II
    44. Preparation of other legal instruments stipulated in 2.10 of PSP.
    [Reference in the Agreement: PS 2.12.9]

    Page 23-24, Power Sharing: Part III
    47. a) Establishment of an inclusive Southern Sudan Constitutional Drafting Committee (SSDCC)
    b) Drafting and adoption of the text
    c) Determination of Compatibility of SSC with INC
    [Reference in the Agreement: PS 3.2, 2.12.12]

    Page 25, Power Sharing: Part III
    48. Establishment of the First Southern Sudan Assembly (SSA)
    [Reference in the Agreement: PS 3.5.1]

    Page 25, Power Sharing: Part III
    49. Election of the Speaker, Deputy Speaker and officers of TASS
    [Reference in the Agreement: PS 3.5.6]

    Page 25, Power Sharing: Part III
    50. Appointment of the Vice President of GOSS
    [Reference in the Agreement: PS 3.5.4]

    Page 25, Power Sharing: Part III
    51. Establishment of the Council of Ministers of Government of Southern Sudan
    [Reference in the Agreement: PS 3.6.1. 3.6.3, 3.6.4, 3.6.4.3]

    Page 27, Power Sharing: Part IV
    56. Establishment of Abyei Area Council
    [Composition: 20 members to constitute Abyei Area Council as agreed in article 4.1. of the Protocol on the Resolution of Abyei Conflict]

    Page 31, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    17. Establishment of and appointment to the National Audit Chambers (12.2 of WSP)

    Page 31, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    21. Appointment of Abyei Areas Executive Council (1.2.2 and 2.2 of AP)
    22. Appointment of Abyei Area Chief Administer and his/her Deputy (2.4 of AP)
    23. Appointment of the members of Abyei Area Council (4.2 of AP)
    24. Establishment of Abyei Boundaries Commission (5.1 of AP)
    25. Establishment of Abyei Referendum Commission (8.1 of AP)
    26. Establishment of any other Commission or as my be agreed upon by the Parties (2.10.1.7 of PSP)
    27. Establishment of an independent assessment and evaluation Commission (2.4 of MP)

    Page 32, Appendix C 2: Matters to be decided upon by the Presidency:
    1. Determination of the Executive, Legislative and Financial powers and competencies of Abyei Area (2.6 of AP)
    2. Application to the Judiciary for establishment of Courts for Abyei Area as deemed appropriate (2.7 ofAP)
    3. Approval of Abyei Area Special Account 3.5 of AP)
    4. Putting the Special Administrative status of Abyei Area into effect (5.3 of AP)
    5. Determination of representation of citizens of Abyei Area in an appropriate State in Bahr El Ghazal and in Southern Kordofan State (6.2 of AP)
    6. Approval of the budget of the National Land Commission (2.6.12. WSA)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    [[3. provides for adoption of interim national constitution (INC);
  • Elections
    Page 5, Power Sharing: Part I
    6. Enactment of Political Parties Act
    [Reference in the Agreement: PS 1.4.6]

    Page 7, Power Sharing: Part I
    9. General Elections.
    (a) Enactment of National Electoral Law
    (b) Establishment of the National Electoral Commission
    (c) General Elections comprising elections for the State Governors, National Assembly, the Legislature of Southern Sudan, and State Legislatures all over Sudan
    [Reference in the Agreement: PS 1.8.3]

    Page 8, Power Sharing: Part I
    9. General Elections.
    (d) Presidential elections and elections for the post of President of the government of southern Sudan (GOSS)
    [Reference in the Agreement: PS 2.3.7]

    Page 8, Power Sharing: Part I
    10. Review of the feasibility of the dates set for census and elections
    [Reference in the Agreement: PS 1.8.4]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    2. Establishment of impartial and representative National Electoral Commission (2.10.1.1 of PSP)
  • Electoral commission
    9. provides for enactment of national electoral law and establishment of National Electoral Commission, and general elections comprising elections for state governors, national assembly, the legislature of Southern Sudan, and state legislatures all over Sudan, and presidential elections and election to President of Southern Sudan


    Page 7, Power Sharing: Part I
    9. General Elections.
    (a) Enactment of National Electoral Law
    (b) Establishment of the National Electoral Commission
    (c) General Elections comprising elections for the State Governors, National Assembly, the Legislature of Southern Sudan, and State Legislatures all over Sudan
    [Reference in the Agreement: PS 1.8.3]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    2. Establishment of impartial and representative National Electoral Commission (2.10.1.1 of PSP)
  • Political parties reform
    Governance→Political parties reform→Other political parties reform
    Power-sharing Part 1. provides for political parties act;
  • Civil society
    Page 22, Power Sharing: Part II
    41. Establishment and composition of the National Constitutional Review Commission (NCRC)
    [Reference in the Agreement: PS 2.12.4.2 and 2.12.4.3]

    Page 23, Power Sharing: Part II
    45. Organization of an inclusive Constitutional Review Process (CRP)
    [Reference in the Agreement: PS 2.12.10]

    Page 23, Power Sharing: Part III
    47. a) Establishment of an inclusive Southern Sudan Constitutional Drafting Committee (SSDCC)
    b) Drafting and adoption of the text
    c) Determination of Compatibility of SSC with INC
    [Reference in the Agreement: PS 3.2, 2.12.12]
  • Traditional/religious leaders

    No specific mention.

  • Public administration
    Page 16, Power Sharing: Part II
    28. Establishment of the National Civil Service Commission (NCSC)
    (a) Enactment of the National Civil Service Commission Act
    (b) Establishment of the NCSC
    [Reference in the Agreement: PS 2.6.1.5, 2.6.2]

    Page 16, Power Sharing: Part II
    29. Mechanism for operationalization of affirmative action
    [Reference in the Agreement: PS 2.6.1.5]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    5. Establishment of a National Civil Service Commission (2.6.2. and 2.10.1.4 of PSP)
  • Constitution
    Governance→Constitution→Constitutional reform/making
    Page 5, Power Sharing: Part I
    6. Enactment of Political Parties Act
    [Reference in the Agreement: PS 1.4.6]

    Page 9, Power Sharing: Part II
    12. Establishment and convening of National Assembly
    [Reference in the Agreement: PS 2.2.5]

    Page 10, Power Sharing: Part II
    13. Determination of the scope of legislative competency of the National Assembly and the Council of States respectively
    [Reference in the Agreement: PS 2.2.5]

    Page 18-19, Power Sharing: Part II
    36. Human Rights Commission
    a. Enactment of the HRC Act
    b. Establishment of Human Rights Commission (HRC)
    [Reference in the Agreement: PS 2.10.1.2.]

    Page 19, Power Sharing: Part II
    37. The Constitutional Court Act
    a. Enactment of the Constitutional Court Act
    b. Establishment of the Constitutional Court
    [Reference in the Agreement: PS 2.11.2.1]

    Page 20, Power Sharing: Part II
    38. The National Judicial Service Commission
    a. Enactment of the NJSC Act
    b. Establishment of the National Judicial Service Commission (NJSC)
    [Reference in the Agreement: PS 2.11.4.5]

    Page 21, Power Sharing: Part II
    39. Southern Sudan representation in Constitutional Court, National Supreme Court and other national courts in the Capital
    [Reference in the Agreement: PS 2.11.4.6(iii)]

    Page 22, Power Sharing: Part II
    40. Submission and approval of the CPA to the National Assembly (NA) and National Liberation Council (NLC)
    [Reference in the Agreement: PS 2.12.4.1]

    Page 22, Power Sharing: Part II
    41. Establishment and composition of the National Constitutional Review Commission (NCRC)
    [Reference in the Agreement: PS 2.12.4.2 and 2.12.4.3]

    Page 22, Power Sharing: Part II
    42. Preparation of the Constitutional Text by NCRC
    [Reference in the Agreement: PS 2.12.5]

    Page 22, Power Sharing: Part II
    43. Adoption of the Constitutional Text as INC
    [Reference in the Agreement: PS 2.12.7]

    Page 23, Power Sharing: Part II
    44. Preparation of other legal instruments stipulated in 2.10 of PSP.
    [Reference in the Agreement: PS 2.12.9]

    Page 23, Power Sharing: Part II
    45. Organization of an inclusive Constitutional Review Process (CRP)
    [Reference in the Agreement: PS 2.12.10]

    Page 23-24, Power Sharing: Part III
    47. a) Establishment of an inclusive Southern Sudan Constitutional Drafting Committee (SSDCC)
    b) Drafting and adoption of the text
    c) Determination of Compatibility of SSC with INC
    [Reference in the Agreement: PS 3.2, 2.12.12]

    Page 25, Power Sharing: Part III
    48. Establishment of the First Southern Sudan Assembly (SSA)
    [Reference in the Agreement: PS 3.5.1]

    Page 25, Power Sharing: Part III
    49. Election of the Speaker, Deputy Speaker and officers of TASS
    [Reference in the Agreement: PS 3.5.6]

    Page 25, Power Sharing: Part III
    50. Appointment of the Vice President of GOSS
    [Reference in the Agreement: PS 3.5.4]

    Page 25, Power Sharing: Part III
    51. Establishment of the Council of Ministers of Government of Southern Sudan
    [Reference in the Agreement: PS 3.6.1. 3.6.3, 3.6.4, 3.6.4.3]

    Page 28, Power Sharing: Part IV
    58. a) Drafting and adoption of the State constitutions
    b) Determination of the Compatibility of the State constitutions with INC, and in case of states in Southern Sudan according to INC and SSC.
    [Reference in the Agreement: 4.4.4]
    [Reference in the Agreement: 4.4.2.2(iii)]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    8. Appointment of the President of the Constitutional Court (2.11.3.2 of PSP)
    9. Appointment of Judges other than Justices of the Constitutional Court (2.11.4.4 of PSP)
    10. Appointment of Justices of the Constitutional Court (2.11.4.6(i) of the PSP)

    Page 31, Appendix B 2: The following appointments shall be made through consultations within the Presidency
    2. Appointment of Constitutional Post holders in the Government of National Unity (Ministers and State Ministers)

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    State level
    Sub-state level
    Summary: Provides detailed implementation modalities for the state level political power sharing arrangements in other agreements.

    Summary: Provides detailed implementation modalities for the sub-state level political power sharing arrangements in other agreements.
    Power sharing→Political power sharing→Executive coalition
    State level
    Sub-state level
    Provides for implementation plans for executive coalition power-sharing.

    Page 28, Power Sharing: Part IV
    57. Mechanism for selection of 20% of other political forces in the Northern and Southern States
    [Reference in the Agreement: 4.4.2.2(iii)]
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Sub-state level
    Provides for implementation plans for legislative coalition power sharing.
    Power sharing→Political power sharing→Other proportionality
    State level
    Sub-state level
    Provides for implementation plans for power sharing in matters such as judiciary.
  • Territorial power sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Summary: Agreement provides timetable and implementation modalities for the power-sharing commitments.

    Page 4, Machakos Protocol
    4. Improvement of institutions and arrangements created under the Agreement to making the unity of Sudan attractive to the people of Southern Sudan
    [Reference in Agreements: MP 2.4.2]

    Page 26, Power Sharing: Part IV
    54. Appointment of state governors
    [Procedures, Process and criteria: According to the INC, CPA and in the case of Southern Sudan according to SSC]

    Page 28, Power Sharing: Part IV
    57. Mechanism for selection of 20% of other political forces in the Northern and Southern States
    [Reference in the Agreement: 4.4.2.2(iii)]

    Page 28, Power Sharing: Part IV
    58. a) Drafting and adoption of the State constitutions
    b) Determination of the Compatibility of the State constitutions with INC, and in case of states in Southern Sudan according to INC and SSC.
    [Reference in the Agreement: 4.4.4]

    59. Establishment of state Council of Ministers
    [Composition: Except for Southern Kordofan State, between 5 to 8 ministries, one of whom shall be appointed a deputy governor; the numbers are subject to review. In the case of Southern Kordofan State, the State Council of Ministers shall consist of 11 members including the State Governor and his/her deputy; Reference in the Agreement: 4.5.1, 4.5.3]

    Page 32, Appendix C 2: Matters to be decided upon by the Presidency:
    1. Determination of the Executive, Legislative and Financial powers and competencies of Abyei Area (2.6 of AP)
    2. Application to the Judiciary for establishment of Courts for Abyei Area as deemed appropriate (2.7 ofAP)
    3. Approval of Abyei Area Special Account 3.5 of AP)
    4. Putting the Special Administrative status of Abyei Area into effect (5.3 of AP)
    5. Determination of representation of citizens of Abyei Area in an appropriate State in Bahr El Ghazal and in Southern Kordofan State (6.2 of AP)

    Page 28, Power Sharing: Part IV
    58. a) Drafting and adoption of the State constitutions
    b) Determination of the Compatibility of the State constitutions with INC, and in case of states in Southern Sudan according to INC and SSC.
    [Reference in the Agreement: 4.4.4]
    Power sharing→Territorial power sharing→Local/municipal government
    Page 23-24, Power Sharing: Part III
    47. a) Establishment of an inclusive Southern Sudan Constitutional Drafting Committee (SSDCC)
    b) Drafting and adoption of the text
    c) Determination of Compatibility of SSC with INC
    [Reference in the Agreement: PS 3.2, 2.12.12]

    Page 25, Power Sharing: Part III
    48. Establishment of the First Southern Sudan Assembly (SSA)
    [Reference in the Agreement: PS 3.5.1]

    Page 26, Power Sharing: Part IV
    54. Appointment of state governors
    [Procedures, Process and criteria: According to the INC, CPA and in the case of Southern Sudan according to SSC]

    Page 31, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    21. Appointment of Abyei Areas Executive Council (1.2.2 and 2.2 of AP)
    22. Appointment of Abyei Area Chief Administer and his/her Deputy (2.4 of AP)
    23. Appointment of the members of Abyei Area Council (4.2 of AP)
    24. Establishment of Abyei Boundaries Commission (5.1 of AP)
    25. Establishment of Abyei Referendum Commission (8.1 of AP)
    26. Establishment of any other Commission or as my be agreed upon by the Parties (2.10.1.7 of PSP)
    27. Establishment of an independent assessment and evaluation Commission (2.4 of MP)

    Page 31, Appendix B 2: The following appointments shall be made through consultations within the Presidency
    1. Appointment of the Governors of States SK and BN
  • Economic power sharing
    Power sharing→Economic power sharing→Sharing of resources
    Page 3, Machakos Protocol
    2. Plan for 5 Rs (Repatriation, Resettlement, Reintegration, Rehabilitation, and Reconstruction)
    [Reference in Agreements: MP 1.5.4]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    7. Establishment of Fiscal and Financial Allocation and Monitoring Commission (2.10.1.6 of PSP)

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    16. Establishment and appointment of the Chairperson of FFAMC (8.4 of WSP)
  • Military power sharing
    Power sharing→Military power sharing→Merger of forces
    Page 12, Power Sharing: Part II
    19. The status of the Ministries of Defence, Guidance and Endowment, and Federal Governance
    [Procedures, Process and criteria: (a) the Jurisdiction of the Ministry of Defence shall not extend to the SPLA (b) The military chain of authority and command common to both Parties to the CAP shall strictly consist of: (i) The Presidency, (ii) The Joint Defence Board (JDB), (c) the jurisdiction of the Ministry of Guidance and Endowment and the Ministry of Federal Governance shall not extend to the Southern States, (d) Matters that fall within the Ministries of Federal Governance and Guidance and Endowment shall be in conformity with the provisions of the Protocols on the resolution of the Conflict in Southern Kordofan and the Blue Nile States and the Protocol on the resolution of the Conflict in Abyei Area]
    Power sharing→Military power sharing→Joint command structures
    Page 12, Power Sharing: Part II
    19. The status of the Ministries of Defence, Guidance and Endowment, and Federal Governance
    [Procedures, Process and criteria: (a) the Jurisdiction of the Ministry of Defence shall not extend to the SPLA (b) The military chain of authority and command common to both Parties to the CAP shall strictly consist of: (i) The Presidency, (ii) The Joint Defence Board (JDB), (c) the jurisdiction of the Ministry of Guidance and Endowment and the Ministry of Federal Governance shall not extend to the Southern States, (d) Matters that fall within the Ministries of Federal Governance and Guidance and Endowment shall be in conformity with the provisions of the Protocols on the resolution of the Conflict in Southern Kordofan and the Blue Nile States and the Protocol on the resolution of the Conflict in Abyei Area]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    13. Establishment of the Joint Defence Board (5.1. of SAP)

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
    Human rights and equality→Civil and political rights→Vote and take part
    Page 5, Power Sharing: Part I
    6. Enactment of Political Parties Act
    [Reference in the Agreement: PS 1.4.6]
  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy
    Page 5, Power Sharing: Part I
    6. Enactment of Political Parties Act
    [Reference in the Agreement: PS 1.4.6]
  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 3, Machakos Protocol
    1.(d) Enlightenment campaign on the Referendum
    [Reference in Agreements: MP 2.5, PS 2.10.1.5]

    Page 15, Power Sharing: Part II
    27. Information Campaign in all languages to popularize the Peace Agreement and foster national unity, reconciliation, and mutual understanding.
    [Reference in the Agreement: PS 2.5.9]
  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other
    Page 14, Power Sharing: Part II
    23. Appointment of a special commission to ensure that the rights of non-Muslims are protected in the National Capital
    24. Establishment of mechanisms of guarantees of the rights of non-Muslims in the National Capital
    [Reference in the Agreement: PS 2.4.6, 2.4.7]

Rights institutions

  • NHRI
    Rights institutions→NHRI→New or fundamentally revised NHRI
    Page 14, Power Sharing: Part II
    23. Appointment of a special commission to ensure that the rights of non-Muslims are protected in the National Capital
    24. Establishment of mechanisms of guarantees of the rights of non-Muslims in the National Capital
    [Reference in the Agreement: PS 2.4.6, 2.4.7]

    Page 18-19, Power Sharing: Part II
    36. Human Rights Commission
    a. Enactment of the HRC Act
    b. Establishment of Human Rights Commission (HRC)
    [Reference in the Agreement: PS 2.10.1.2.]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    1. Establishment of a Special Commission to ensure that the rights of non-Muslims are protected in the National Capital (2.4.6 of the PSP)
    3. Establishment of Human Rights Commission (2.10.1.2 of PSP)
  • Regional or international human rights institutions

    No specific mention.


Justice sector reform

  • Criminal justice and emergency law
    Justice sector reform→Criminal justice and emergency law→Reform to specific laws
    Page 32, Appendix C 1: Matters in respect of which the President shall take decisions with the consent of the 1st VP according to the Protocols and Agreements
    1. Declaration and termination of state and emergency (2.3.6.1 of PSP)
  • State of emergency provisions
    Page 32, Appendix C 1: Matters in respect of which the President shall take decision with the consent of the 1st CP according to the Protocols and Agreements
    Declaration and termination of state and emergency (2.3.6.1 pf PSP)
  • Judiciary and courts
    Page 19, Power Sharing: Part II
    37. The Constitutional Court Act
    a. Enactment of the Constitutional Court Act
    b. Establishment of the Constitutional Court
    [Reference in the Agreement: PS 2.11.2.1]

    Page 20, Power Sharing: Part II
    38. The National Judicial Service Commission
    a. Enactment of the NJSC Act
    b. Establishment of the National Judicial Service Commission (NJSC)
    [Reference in the Agreement: PS 2.11.4.5]

    Page 21, Power Sharing: Part II
    39. Southern Sudan representation in Constitutional Court, National Supreme Court and other national courts in the Capital
    [Reference in the Agreement: PS 2.11.4.6(iii)]

    Page 25, Power Sharing: Part III
    52. Establishment of Judiciary of Southern Sudan
    [Reference in the Agreement: PS 3.7.1]

    Page 25, Power Sharing: Part III
    53. Appointment of the President and Justices of Southern Sudan Supreme Court, Courts of Appeal, and Judges of other courts
    [Reference in the Agreement: PS 3.7.2, 3.7.5]

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    4. Establishment of the National Judicial Service Commission (2.10.1.3 of PSP)
    8. Appointment of the President of the Constitutional Court (2.11.3.2 of PSP)
    9. Appointment of Judges other than Justices of the Constitutional Court (2.11.4.4 of PSP)
    10. Appointment of Justices of the Constitutional Court (2.11.4.6(i) of the PSP)
    11. Appointment of Justices of the National Supreme Court (2.11.4.6(ii) of PSP)

    Page 32, Appendix C 2: Matters to be decided upon by the Presidency:
    2. Application to the Judiciary for establishment of Courts for Abyei Area as deemed appropriate (2.7 ofAP)
    3. Approval of Abyei Area Special Account 3.5 of AP)
  • Prisons and detention

    No specific mention.

  • 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 3, Machakos Protocol
    2. Plan for 5 Rs (Repatriation, Resettlement, Reintegration, Rehabilitation, and Reconstruction)
    [Reference in Agreements: MP 1.5.4]
    Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
    Page 3, Machakos Protocol
    2. Plan for 5 Rs (Repatriation, Resettlement, Reintegration, Rehabilitation, and Reconstruction)
    [Reference in Agreements: MP 1.5.4]
  • National economic plan

    No specific mention.

  • Natural resources
    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    15. Establishment of the National Petroleum Commission (3.2 of WSP)
  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks
    Socio-economic reconstruction→Banks→Central bank
    Page 31, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    18. Appointment of the Governor of CBOS and his/her two Deputies (14.7 of WSP)
    19. Appointment of the Board Directors of the CBOS responsible and accountable to the Presidency (14.8 of WSP)

Land, property and environment

  • Land reform/rights
    Land, property and environment→Land reform/rights→Land reform and management
    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    14. Appointment of Chairperson of the National Land Commission (2.6.10 of WSP)

    Page 32, Appendix C 2: Matters to be decided upon by the Presidency:
    6. Approval of the budget of the National Land Commission (2.6.12. WSA)
  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage
    Land, property and environment→Cultural heritage→Intangible
    Page 18, Power Sharing: Part II
    35. Development and promotion of national languages
    a. Enactment of a founding law
    b. Establishment of a council for development and promotion of national languages
    [Reference in the Agreement: PS 2.8.1]
  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 12, Power Sharing: Part II
    19. The status of the Ministries of Defence, Guidance and Endowment, and Federal Governance
    [Procedures, Process and criteria: (a) the Jurisdiction of the Ministry of Defence shall not extend to the SPLA (b) The military chain of authority and command common to both Parties to the CAP shall strictly consist of: (i) The Presidency, (ii) The Joint Defence Board (JDB), (c) the jurisdiction of the Ministry of Guidance and Endowment and the Ministry of Federal Governance shall not extend to the Southern States, (d) Matters that fall within the Ministries of Federal Governance and Guidance and Endowment shall be in conformity with the provisions of the Protocols on the resolution of the Conflict in Southern Kordofan and the Blue Nile States and the Protocol on the resolution of the Conflict in Abyei Area]

    Page 16, Power Sharing: Part II
    30. Enactment of the National Security Act
    [Reference in the Agreement: PS 2.7.1.1]

    Page 17, Power Sharing: Part II
    31. Establishment of the National Security Council (NSC)
    [Reference in the Agreement: PS 2.7.1.1]

    Page 17, Power Sharing: Part II
    32. Establishment of the National Security Service (NSS)
    [Reference in the Agreement: PS 2.7.1.1]

    Page 17, Power Sharing: Part II
    33. Establishment of Security Committees at the GOSS and the States level.
    [Reference in the Agreement: PS 2.7.2.5]

    Page 18, Power Sharing: Part II
    34. Identification of the security organs of the two Parties and their assets
    [Reference in the Agreement: PS 2.7.2.8]

    Page 30, Appendix A
    (i) FUNCTIONS OF THE FIRST VICE PRESIDENT
    [...] 3. Member of the National Security Council


    Page 30, Appendix A
    (ii) FUNCTIONS OF THE VICT PRESIDENT
    [...] 3. Member of the Presidential Council and Commander-in-Chief of SAF in case of a vacancy in the post of the President in the Pre and Post Election periods
    4. Member of the National Security Council

    Page 30, Appendix B 1: Appointments that the President is required to make with the consent of the 1st VP
    13. Establishment of the Joint Defence Board (5.1. of SAP)
  • Ceasefire
    Security sector→Ceasefire→Ceasefire provision
    Page 4, Machakos Protocol
    5. Guarantees to safeguard CPA against revocation or abrogation
    [Procedures, Process and criteria: Built-in Regional and International guarantees (AEC, and UN Peace Support Mission of the Ceasefire Agreement). The Parties urge the international community to take necessary measures in support of the Peace Agreement and its full implementation; Reference in Agreements: MP 2.6]
  • Police
    Page 14, Power Sharing: Part II
    22. Representation of the people of Sudan in the law enforcement agencies in the National Capital and provision for their adequate training
    [Reference in the Agreement: PS 2.4.4]
  • Armed forces
    Page 32, Appendix C 1: Matters in respect of which the President shall take decisions with the consent of the 1st VP according to the Protocols and Agreements
    4. Determination of SAF troop levels in SK and BN States during the Interim Period (10.1 of SK and BNP)
  • DDR
    Security sector→DDR→DDR programmes
    Page 3, Machakos Protocol
    2. Plan for 5 Rs (Repatriation, Resettlement, Reintegration, Rehabilitation, and Reconstruction)
    [Reference in Agreements: MP 1.5.4]
  • 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
    Page 5, Power Sharing: Part I
    7. National reconciliation and healing process (NRHP)
    [Reference in the Agreement: PS 1.7]

    Page 15, Power Sharing: Part II
    27. Information Campaign in all languages to popularize the Peace Agreement and foster national unity, reconciliation, and mutual understanding.
    [Reference in the Agreement: PS 2.5.9]

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 4, Machakos Protocol
    5. Guarantees to safeguard CPA against revocation or abrogation
    [Procedures, Process and criteria: Built-in Regional and International guarantees (AEC, and UN Peace Support Mission of the Ceasefire Agreement). The Parties urge the international community to take necessary measures in support of the Peace Agreement and its full implementation; Reference in Agreements: MP 2.6]
  • Enforcement mechanism
    Page 3, Machakos Protocol
    3. Establishment of Assessment and Evaluation Commission (AEC)
    [Reference in Agreements: MP 2.4 and 2.4.1]

    Page 4, Machakos Protocol
    5. Guarantees to safeguard CPA against revocation or abrogation
    [Procedures, Process and criteria: Built-in Regional and International guarantees (AEC, and UN Peace Support Mission of the Ceasefire Agreement). The Parties urge the international community to take necessary measures in support of the Peace Agreement and its full implementation; Reference in Agreements: MP 2.6]
  • Related cases

    No specific mention.

  • Source
    Unmis.unmissions.org,. 2015. 'United Nations Missions In Sudan (UNMIS)'. https://unmis.unmissions.org/.

THE IMPLEMENTATION MODALITIES OF THE MACHAKOS AND POWER SHARING PROTOCOLS

SIGNED AT NAIVASHA, KENYA ON 31st DECEMBER, 2004

[First 28 pages are an implementation matrix]

Appendix A

(i) FUNCTIONS OF THE FIRST VICE PRESIDENT

1. Acts i n the absence of the President

2. Member of the Council of Ministers

3. Member of the National Security Council

4. Member of the Presidential Council in the Pre-election Period and Chairman of the Council in the Post Election Period in the event of the post of President falling vacant

(ii) FUNCTIONS OF THE VICE PRESIDENT

1. Acts in the absence of the President and the First Vice President

2. Member of the Council of Ministers

3. Member of the Presidential Council and Commander-in-Chief of SAF in case of a vacancy in the post of the President in the Pre and Post Election Periods

4. Member of the National Security Council

5. Any other functions and duties that may be assigned to him by the President taking into account the hierarchy of the Presidency.

Appendix B 1 :

Appointments that the President is required to make with the consent of the 1 st VP

1 . Establishment of a Special Commission to ensure that the rights of non Muslims are protected in the National Capital (2.4.6 of the PSP).

2. Establishment of impartial and representative National Electoral Commission (2.

10.

1.1.

of PSP).

3. Establishment of Human Rights Commission (2.

10.

1.2 of PSP).

4. Establishment of the National Judicial Service Commission (2.

10.

1.3 of PSP).

5. Establishment of a National Civil Service Commission (2.6.2 and 2.10.1.4 of PSP).

6. Establishment of Ad-Hoe Commission to monitor and ensure accuracy, legitimacy and transparency of the Referendum (2.10.1.5 of PSP and 2.5 of MP).

7. Establishment of Fiscal and Financial Allocation and Monitoring Commission (2.

10.

1.6 of PSP).

8. Appointment of the President of the Constitutional Court (2.1 1 .3.2 (i) of PSP).

9. Appointment of Judges other than Justices of the Constitutional Court ((2.1 1.4.4 of PSP).

10. Appointment of Justices of the Constitutional Court ((2.1 1.4.6 (i) of PSP).

11. Appointment of Justices of the National Supreme Court (2.

11.4.6 (ii) of PSP).

12. Establishment and appointment of the National Constitutional Review Commission (2.

12.4 of PSP and 3.1.2 of MP).

13. Establishment of the Joint Defence Board (5.

1 of SAP).

14. Appointment of Chairperson of the National Land Commission (2.6.

10 of WSP).

15. Establishment of the National Petroleum Commission (3.2 of WSP).

16. Establishment and appointment of the Chairperson of FFAMC (8.4 of WSP).