The Implementation Modalities of the Protocol on the Resolution of the Abyei Conflict, 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 the Resolution of the Abyei Conflict, 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 by the parties that provides tables of implementation modalities for Protocol between the Government of the Sudan and the Sudan People's Liberation Movement/Army on the Resolution of Abyei Conflict. The modalities entail provisions on the special administrative status of Abyei, the administrative structure, financial resources, geographical boundaries, residents, security arrangements, referendum commission, and a reconciliation process. Attached to the agreement is the Abyei Appendix, which provides further provisions on the Abyei Boundaries Commission. This agreement and the Protocol were both incorporated into the Comprehensive Peace Agreement.


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
    Groups→Refugees/displaced persons→Substantive
    Page 4, C. Financial Resources
    5. National Government appeals to international donor community to facilitate the return and resettlement of the residents of Abyei Area.
    [Reference in the Agreement: 3.4]

    Page 9, Abyei Appendix - Understanding on Abyei Boundaries Commission
    8. Meanwhile, the two Parties shall issue appropriate instructions to their respective administrations in Abyei Area to facilitate the return of the citizens of the Area. The JIUs and the UN monitors shall facilitate and provide necessary protection to the IDPs.
  • 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)

    No specific mention.

  • State configuration
    [Agreement sets out implementation modalities for Abyei's special administrative status and relationship to the national government as well to neighboring states, Western Kordofan and Bahr el Ghazal. At the end of the Interim Period, a referendum will be held by the residents of Abyei to determine whether their special administrative status continues or become part of Bahr el Ghazal]
  • Self determination

    No specific mention.

  • Referendum
    Page 6, E. Residents
    1. Setting criteria of residence in Abyei area
    [To be worked by the referendum commission; Reference in the Agreement: 6.1]

    Page 6, G. Abyei Referendum Commission
    1. Establishment of Abyei Referendum Commission
    [Reference in the Agreement: 8.1]

    Page 6, G. Abyei Referendum Commission
    2. Abyei Referendum
    [Reference in the Agreement: 8.2]
  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation
    Page 5, D. Geographical Boundaries
    1. Establishment of Abyei Boundaries Commission
    [Reference in the Agreement: 5.1]

    Page 5, D. Geographical Boundaries
    2. Mechanism for selecting members of Abyei Boundaries Commission
    [Reference in the Agreement: 5.2]

    Page 5, D. Geographical Boundaries
    3. Presentation of final report of boundaries on Abyei
    [Reference in the Agreement: 5.3]

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    1. Upon signature, and notwithstanding Article 5.1. of the Protocol on Abyei, there shall be established by the Parties Bayei Boundaries Commission (ABC) to define and demarcate the Are of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    2. Pursuant to Article 5.2. of the Protocol on Abyei, the ABC shall be composed as follows:
    2.1. One representative from each Party;
    2.2. The Parties shall ask the US, UK and the IGAD to nominate five impartial experts knowledgeable in history, geography and any other relevant expertise. The ABC shall be chaired by one of those experts;
    2.3. Each Party shall nominate two from the present two administrations of Abyei Area;
    2.4. The GOS shall nominate two from the Messiriya;
    2.5. The SPLM/A shall nominate two from the neighbouring Dinka tribes of the South of Abyei Area.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    3. The ABC shall listen to representatives of the people of Abyei Area and the neighbors, and shall also listen to the presentations of the two Parties.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    4. In determining their findings, the Experts in the Commission shall consult the British Archives, with a view to arriving at a decision that shall be based on scientific analysis and research. The experts shall also determine the rules of the procedure of the ABC.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    5. The ABC shall present its final report to the Presidency before the end of the Pre-Interim Period. The report of the experts, arrived at as prescribed in the ABC rules of procedures, shall be final and bindings on the Parties.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    6. The Presidency shall establish the administration of Abyei Area simultaneously with the Government of South Sudan and the Governments of Southern Kordofan and Blue Nile States by the beginning of the Interim Period.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    7. In case the ABC delays presentation of the final report beyond the time prescribed above, the Presidency shall take necessary action to put the Abyei Area special status into effect with Abyei town as its seat subject to any readjustment or confirmation by the ABC final report.

    Page 9, Abyei Appendix - Understanding on Abyei Boundaries Commission
    9. The Parties shall issue an appeal to the International Community to make funds available for the formation and proper functioning of the ABC.
  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→New political institutions (indefinite)
    A. establishes governance structures: exec. council, rep. In the legislatures of Southern Kordofan and Bahr el Ghazal; B. sets out the administrative structure of Abyei Area (abyei council, depts, courts); E. provides mechanism for representation of residents of Abyei Area in the two legislatures

    Page 2, A. Abyei Special Administrative Status
    1. According Abyei special administrative status
    [Reference in the Agreement: 1.2, 2.1]

    Page 2, A. Abyei Special Administrative Status
    3. Representation of Abyei residents in the legislatures of Southern Kordofan and Bahr el Ghazal
    [Reference in the Agreement: 1.2.2]

    Page 2, A. Abyei Special Administrative Status
    4. Establishing Executive Council
    [Reference in the Agreement: 1.2.2]

    Page 3, B. Administrative Structure
    1. Mechanism for appointment of members of Abyei Council
    [Reference in the Agreement: 2.2.]

    Page 3, B. Administrative Structure
    2. Appointment of Chief Administrator and his/her deputy
    [Reference in the Agreement: 2.4.]

    Page 3, B. Administrative Structure
    4. Determining the executive, legislative and financial powers and competencies of Abyei Area
    [Reference in the Agreement: 2.6.]

    Page 3, B. Administrative Structure
    5. Establishment of Courts for Abyei Area
    [Reference in the Agreement: 2.7.]

    Page 4, C. Financial Resources
    3. Allocation from National Government to cover cost of establishment of the new administration, its running cost and provision of services
    [Reference in the Agreement: 3.2.5]

    Page 5, D. Geographical Boundaries
    4. Putting the special administrative status of Abyei Area in immediate effect
    [Reference in the Agreement: 5.3]

    Page 6, G. Abyei Referendum Commission
    2. Abyei Referendum
    [Reference in the Agreement: 8.2]
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    3. The ABC shall listen to representatives of the people of Abyei Area and the neighbors, and shall also listen to the presentations of the two Parties.
  • Traditional/religious leaders
    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    2. Pursuant to Article 5.2. of the Protocol on Abyei, the ABC shall be composed as follows:
    2.1. One representative from each Party;
    2.2. The Parties shall ask the US, UK and the IGAD to nominate five impartial experts knowledgeable in history, geography and any other relevant expertise. The ABC shall be chaired by one of those experts;
    2.3. Each Party shall nominate two from the present two administrations of Abyei Area;
    2.4. The GOS shall nominate two from the Messiriya;
    2.5. The SPLM/A shall nominate two from the neighbouring Dinka tribes of the South of Abyei Area.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    3. The ABC shall listen to representatives of the people of Abyei Area and the neighbors, and shall also listen to the presentations of the two Parties.
  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    Sub-state level
    Summary: Implementation time lines and modalities are provided for representaion of Abyei residents in the legislatures of Southern Kordofan and Bahr el Ghazal, in an agreement that concentrates on the special administrative status for Abyei, as a form of territorial power sharing.
    Power sharing→Political power sharing→Proportionality in legislature
    Sub-state level
    Page 2, A. Abyei Special Administrative Status
    3. Representation of Abyei residents in the legislatures of Southern Kordofan and Bahr el Ghazal
    [Reference in the Agreement: 1.2.2]

    Page 6, E. Residents
    2. Mechanism for representation of residents of Abyei Area in the two legislature
    [To be worked by the referendum commission; Reference in the Agreement: 6.2]
    Power sharing→Political power sharing→Other
    Sub-state level
    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    2. Pursuant to Article 5.2. of the Protocol on Abyei, the ABC shall be composed as follows:
    2.1. One representative from each Party;
    2.2. The Parties shall ask the US, UK and the IGAD to nominate five impartial experts knowledgeable in history, geography and any other relevant expertise. The ABC shall be chaired by one of those experts;
    2.3. Each Party shall nominate two from the present two administrations of Abyei Area;
    2.4. The GOS shall nominate two from the Messiriya;
    2.5. The SPLM/A shall nominate two from the neighbouring Dinka tribes of the South of Abyei Area.
  • Territorial power sharing
    Power sharing→Territorial power sharing→Local/municipal government
    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    6. The Presidency shall establish the administration of Abyei Area simultaneously with the Government of South Sudan and the Governments of Southern Kordofan and Blue Nile States by the beginning of the Interim Period.
    Power sharing→Territorial power sharing→Autonomous regions
    Page 2, A. Abyei Special Administrative Status
    1. According Abyei special administrative status
    [Reference in the Agreement: 1.2, 2.1]

    Page 2, A. Abyei Special Administrative Status
    2. Abyei residents becoming citizens of both Southern Kordofan and Bahr el Ghazal
    [Reference in the Agreement: 1.2.1]

    Page 2, A. Abyei Special Administrative Status
    3. Representation of Abyei residents in the legislatures of Southern Kordofan and Bahr el Ghazal
    [Reference in the Agreement: 1.2.2]

    Page 2, A. Abyei Special Administrative Status
    4. Establishing Executive Council
    [Reference in the Agreement: 1.2.2]

    Page 3, B. Administrative Structure
    1. Mechanism for appointment of members of Abyei Council
    [Reference in the Agreement: 2.2.]

    Page 3, B. Administrative Structure
    2. Appointment of Chief Administrator and his/her deputy
    [Reference in the Agreement: 2.4.]

    Page 3, B. Administrative Structure
    4. Determining the executive, legislative and financial powers and competencies of Abyei Area
    [Reference in the Agreement: 2.6.]

    Page 5, D. Geographical Boundaries
    1. Establishment of Abyei Boundaries Commission
    [Reference in the Agreement: 5.1]

    Page 5, D. Geographical Boundaries
    2. Mechanism for selecting members of Abyei Boundaries Commission
    [Reference in the Agreement: 5.2]

    Page 5, D. Geographical Boundaries
    3. Presentation of final report of boundaries on Abyei
    [Reference in the Agreement: 5.3]

    Page 5, D. Geographical Boundaries
    4. Putting the special administrative status of Abyei Area in immediate effect
    [Reference in the Agreement: 5.3]

    Page 6, E. Residents
    1. Setting criteria of residence in Abyei area
    [To be worked by the referendum commission; Reference in the Agreement: 6.1]

    Page 6, E. Residents
    2. Mechanism for representation of residents of Abyei Area in the two legislature
    [To be worked by the referendum commission; Reference in the Agreement: 6.2]

    Page 6, G. Abyei Referendum Commission
    2. Abyei Referendum
    [Reference in the Agreement: 8.2]

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    1. Upon signature, and notwithstanding Article 5.1. of the Protocol on Abyei, there shall be established by the Parties Bayei Boundaries Commission (ABC) to define and demarcate the Are of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    2. Pursuant to Article 5.2. of the Protocol on Abyei, the ABC shall be composed as follows:
    2.1. One representative from each Party;
    2.2. The Parties shall ask the US, UK and the IGAD to nominate five impartial experts knowledgeable in history, geography and any other relevant expertise. The ABC shall be chaired by one of those experts;
    2.3. Each Party shall nominate two from the present two administrations of Abyei Area;
    2.4. The GOS shall nominate two from the Messiriya;
    2.5. The SPLM/A shall nominate two from the neighbouring Dinka tribes of the South of Abyei Area.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    5. The ABC shall present its final report to the Presidency before the end of the Pre-Interim Period. The report of the experts, arrived at as prescribed in the ABC rules of procedures, shall be final and bindings on the Parties.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    6. The Presidency shall establish the administration of Abyei Area simultaneously with the Government of South Sudan and the Governments of Southern Kordofan and Blue Nile States by the beginning of the Interim Period.

    Page 8, Abyei Appendix - Understanding on Abyei Boundaries Commission
    7. In case the ABC delays presentation of the final report beyond the time prescribed above, the Presidency shall take necessary action to put the Abyei Area special status into effect with Abyei town as its seat subject to any readjustment or confirmation by the ABC final report.
  • Economic power sharing
    Power sharing→Economic power sharing→Sharing of resources
    Page 2, A. Abyei Special Administrative Status
    5. Establish mechanism to transfer shares of net oil revenue from Abyei Area
    [Reference in the Agreement: 1.2.3]

    Page 3, C. Financial Resources
    1. Sharing of net oil revenue from oil produced in Abyei Area
    [Reference in the Agreement: 3.1]

    Page 4, C. Financial Resources
    2. Mechanism of transferring other non-oil financial resources to Abyei Administration
    [Reference in the Agreement: 3.2]

    Page 4, C. Financial Resources
    3. Allocation from National Government to cover cost of establishment of the new administration, its running cost and provision of services
    [Reference in the Agreement: 3.2.5]
  • Military power sharing
    Power sharing→Military power sharing→Merger of forces
    Page 6, F. Security Arrangements
    2. Formation and Deployment of Joint Battalion in Abyei Area (JIU Battalion)
    [Reference in the Agreement: 7.4]

    Page 9, Abyei Appendix - Understanding on Abyei Boundaries Commission
    8. Meanwhile, the two Parties shall issue appropriate instructions to their respective administrations in Abyei Area to facilitate the return of the citizens of the Area. The JIUs and the UN monitors shall facilitate and provide necessary protection to the IDPs.
    Power sharing→Military power sharing→Joint command structures
    Page 6, F. Security Arrangements
    1. Establishment of Abyei Area Security Committee
    [Reference in the Agreement: 7.1]

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
    Rights related issues→Citizenship→Citizen delimitation
    Page 2, A. Abyei Special Administrative Status
    2. Abyei residents becoming citizens of both Southern Kordofan and Bahr el Ghazal
    [Reference in the Agreement: 1.2.1]
  • 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 3, B. Administrative Structure
    5. Establishment of Courts for Abyei Area
    [Reference in the Agreement: 2.7.]
  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.


Socio-economic reconstruction

  • Development or socio-economic reconstruction

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources
    Page 2, A. Abyei Special Administrative Status
    5. Establish mechanism to transfer shares of net oil revenue from Abyei Area
    [Reference in the Agreement: 1.2.3]

    Page 3, C. Financial Resources
    1. Sharing of net oil revenue from oil produced in Abyei Area
    [Reference in the Agreement: 3.1]
  • International funds
    Page 4, C. Financial Resources
    5. National Government appeals to international donor community to facilitate the return and resettlement of the residents of Abyei Area.
    [Reference in the Agreement: 3.4]

    Page 9, Abyei Appendix - Understanding on Abyei Boundaries Commission
    9. The Parties shall issue an appeal to the International Community to make funds available for the formation and proper functioning of the ABC.
  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees
    Page 6, F. Security Arrangements
    1. Establishment of Abyei Area Security Committee
    [Reference in the Agreement: 7.1]
  • Ceasefire

    No specific mention.

  • Police
    Page 6, F. Security Arrangements
    1. Establishment of Abyei Area Security Committee
    [Reference in the Agreement: 7.1]
  • Armed forces

    No specific mention.

  • 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
    Page 7, H. Reconciliation Process
    1. Peace and Reconciliation in Abyei Area
    [Reference in the Agreement: 9]

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 9, Abyei Appendix - Understanding on Abyei Boundaries Commission
    8. Meanwhile, the two Parties shall issue appropriate instructions to their respective administrations in Abyei Area to facilitate the return of the citizens of the Area. The JIUs and the UN monitors shall facilitate and provide necessary protection to the IDPs.
  • Enforcement mechanism
    Page 2, A. Abyei Special Administrative Status
    6. Deployment of international monitors to ensure full implementation of this Agreement
    [Reference in the Agreement: 1.2.5]

    Page 6, F. Security Arrangements
    3. Deployment of international monitors
    [Reference in the Agreement: 7.4]
  • Related cases

    No specific mention.

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

THE IMPLEMENTATION MODALITIES OF THE PROTOCOL ON THE RESOLUTION OF THE ABYEI CONFLICT

SIGNED AT NAIVASHA, KENYA, 31st DECEMBER, 2004

[Contains implementation matrix]

ABYEI APPENDIX

UNDERSTANDING ON ABYEI BOUNDARIES COMMISSION

1. Upon signature, and notwithstanding Article 5.1 of the Protocol on Abyei, there shall be established by the Parties Abyei Boundaries Commission (ABC) to define and demarcate the Area of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area.

2. Pursuant to Article 5.2 of the Protocol on Abyei, the ABC shall be composed as follows:-

2.1 One representative from each Party;

2,2 The Parties shall ask the US, UK and the IGAD to nominate five impartial experts knowledgeable in history, geography and any other relevant expertise.

The ABC shall be chaired by one of those experts;

2.3 Each Party shall nominate two from the present two administrations of Abyei Area;

2.4 The GOS shall nominate two from the Messiriya;

2.5 The SPLM/A shall nominate two from the neighbouring Dinka tribes to the South of Abyei Area.

3. The ABC shall listen to representatives of the people of Abyei Area and the neighbours, and shall also listen to presentations of the two Parties.

4. In determining their findings, the Experts in the Commission shall consult the British Archives and other relevant sources on Sudan wherever they may be available, with a view to arriving at a decision that shall be based on scientific analysis and research.

The experts shall also determine the rules of procedure of the ABC.

5. The ABC shall present its final report to the Presidency before the end of the Pre-Interim Period.

The report of the experts, arrived at as prescribed in the ABC rules of procedure, shall be final and binding on the Parties.

6. The Presidency shall establish the administration of Abyei Area simultaneously with the Government of South Sudan and the Governments of Southern Kordofan and Blue Nile States by the beginning of the Interim Period.

7. In case the ABC delays presentation of the final report beyond the time prescribed above, the Presidency shall take necessary action to put the Abyei Area special status into effect with Abyei town as its seat subject to any readjustment or confirmation by the ABC final report.