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Roadmap for Return of IDPs and Implementation of Abyei Protocol

  • Country/entity

    South Sudan
    Sudan
    Southern Kordofan - Blue Nile - Abyei
  • Region

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

    Roadmap for Return of IDPs and Implementation of Abyei Protocol
  • Date

    8 Jun 2008
  • 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

    Signed by: Mr. Dirdeiry Mohamed Ahmed, National Congress Party; Mr. Deng Alor Kuol, Sudan People's Liberation Movement
  • Third parties

    Endorsed by the Presidency: Vice President of the Republic; Vice President of the Republic; First Vice President of the Republic; President of the Republic of the Sudan
  • Description

    An Agreement by the presidents on the implementation of the Abyei Protocol, including security arrangements, return of IDPs, interim arrangements for Abyei Administration, and arrangements on the arbitration of Abyei boundaries, in accordance with the findings of the Abyei Boundaries Commission.


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→Rhetorical
    Page 2, 2. Return of IDPs:
    2.1. The civil population shall return to their former homesteads on completion of the above mentioned security arrangements [See Security Sector], which are expected to finish before the end of June 2008.
    2.2. The GoNU shall take all arrangements for availing the resources for the return programme of the civil population and with the involvement of the relevant international agencies and organizations, which shall be implemented through the Abyei Area Administration.
  • 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
    Page 2, 3. Interim Arrangements for Abyei Administration:
    Without prejudice to the outcome of arbitration as per the provisions of section 4 below, the Parties agree on the following:
    3.1. The Presidency shall set up Abyei Area Administration as per the provisions of the CPA within two weeks from the date of the adoption of these resolutions.

    Page 2, 3. Interim Arrangements for Abyei Administration:
    3.3. The administration of Abyei Area shall be accorded special administrative status and perform its functions as per the provisions of the Abyei Protocol.
  • 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 2, 3. Interim Arrangements for Abyei Administration:
    Without prejudice to the outcome of arbitration as per the provisions of section 4 below, the Parties agree on the following:
    3.2. The interim boundaries of the administration of Abyei Area shall be as per the attached the attached map. [No map included in uploaded document]

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.9. Without prejudice to the wealth sharing formula agreed upon in the CPA and pending the final demarcation of the Abyei area in accordance with the arbitration award and subject to its outcome, the oil revenue from the oilfields in the areas under arbitration shall be allocated in accordance with the wealth sharing arrangements in Abyei Protocol.

    Page 4, 4. Arrangements for Final Settlement:
    Without prejudice to the position of either party on the findings of the Abyei Boundaries Commission (ABC) Report, the Parties Agree on the following:
    4.1. The two parties shall resort to a professional and specialized arbitration tribunal to be agreed upon by the Parties to settle their dispute over the finding of the Abyei Boundaries Commission (ABC).

    Page 4, 4. Arrangements for Final Settlement:
    4.1. The two parties shall work out the terms of reference (compromis) for the arbitration which shall include nomination of professional arbitration tribunal, selection process of the arbitrators, referred issues for decision by the arbitration, procedure of arbitration, decision making process and the enforcement of the ward of the arbitration tribunal.

    Page 4, 4. Arrangements for Final Settlement:
    4.3. The parties commit themselves to abide by and implement the award of the arbitration tribunal.

    Page 4, 4. Arrangements for Final Settlement:
    4.4. The entire arbitration process including the issuance of the final award shall be done within a period not exceeding six months from the date of the formation of the arbitration tribunal, and subject to an extension for a period not exceeding three months.

    Page 4, 4. Arrangements for Final Settlement:
    4.5. In case the two Parties failed within one month to reach agreement on the arbitration tribunal or compromis or other terms of reference and rules of procedure for the arbitral process, the Secretary General of the permanent Court of Arbitration (PCA), the Hauge, shall within fifteen days, designate an institution and finalize the rules of procedures and terms of reference in accordance with the PCA Rules and applicable international practices.
  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 2, 3. Interim Arrangements for Abyei Administration:
    Without prejudice to the outcome of arbitration as per the provisions of section 4 below, the Parties agree on the following:
    3.1. The Presidency shall set up Abyei Area Administration as per the provisions of the CPA within two weeks from the date of the adoption of these resolutions.

    Page 2, 3. Interim Arrangements for Abyei Administration:
    3.3. The administration of Abyei Area shall be accorded special administrative status and perform its functions as per the provisions of the Abyei Protocol.

    Page 2, 3. Interim Arrangements for Abyei Administration:
    3.4. The Presidency shall appoint Chief Administrator as nominee of the Sudan People's Liberation Movement (SPLM) and Deputy Chief Administrator as nominee of the National Congress Party (NCP) from among the residents of Abyei area as per provisions of the CPA. The Parties shall observe in their nominations considerations of amity, reconciliation and accord.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.5. The Chief Administrator, in consultation with Deputy Chief Administrator, shall make recommendations to the Presidency for the appointment of the heads of departments and members of Abyei Council from among the residents of Abyei area as per the provisions of the CPA.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.6. The Presidency to avail the necessary funds to the Abyei Area Administration for delivery in accordance with the provisions of the CPA.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.7. The Presidency shall initiate the peace and reconciliation in the area in collaboration with the administration of the area and the surrounding communities.
  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 2, 2. Return of IDPs:
    2.2. The GoNU shall take all arrangements for availing the resources for the return programme of the civil population and with the involvement of the relevant international agencies and organizations, which shall be implemented through the Abyei Area Administration.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    Sub-state level
    Page 2, 3. Interim Arrangements for Abyei Administration:
    Without prejudice to the outcome of arbitration as per the provisions of section 4 below, the Parties agree on the following:
    3.1. The Presidency shall set up Abyei Area Administration as per the provisions of the CPA within two weeks from the date of the adoption of these resolutions.

    Page 2, 3. Interim Arrangements for Abyei Administration:
    3.3. The administration of Abyei Area shall be accorded special administrative status and perform its functions as per the provisions of the Abyei Protocol.
    Power sharing→Political power sharing→Other
    Sub-state level
    Page 2, 3. Interim Arrangements for Abyei Administration:
    3.4. The Presidency shall appoint Chief Administrator as nominee of the Sudan People's Liberation Movement (SPLM) and Deputy Chief Administrator as nominee of the National Congress Party (NCP) from among the residents of Abyei area as per provisions of the CPA. The Parties shall observe in their nominations considerations of amity, reconciliation and accord.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.5. The Chief Administrator, in consultation with Deputy Chief Administrator, shall make recommendations to the Presidency for the appointment of the heads of departments and members of Abyei Council from among the residents of Abyei area as per the provisions of the CPA.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.7. The Presidency shall initiate the peace and reconciliation in the area in collaboration with the administration of the area and the surrounding communities.
  • Territorial power sharing
    Power sharing→Territorial power sharing→Autonomous regions
    Page 2, 3. Interim Arrangements for Abyei Administration:
    Without prejudice to the outcome of arbitration as per the provisions of section 4 below, the Parties agree on the following:
    3.1. The Presidency shall set up Abyei Area Administration as per the provisions of the CPA within two weeks from the date of the adoption of these resolutions.

    Page 2, 3. Interim Arrangements for Abyei Administration:
    3.3. The administration of Abyei Area shall be accorded special administrative status and perform its functions as per the provisions of the Abyei Protocol.

    Page 2, 3. Interim Arrangements for Abyei Administration:
    3.4. The Presidency shall appoint Chief Administrator as nominee of the Sudan People's Liberation Movement (SPLM) and Deputy Chief Administrator as nominee of the National Congress Party (NCP) from among the residents of Abyei area as per provisions of the CPA. The Parties shall observe in their nominations considerations of amity, reconciliation and accord.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.5. The Chief Administrator, in consultation with Deputy Chief Administrator, shall make recommendations to the Presidency for the appointment of the heads of departments and members of Abyei Council from among the residents of Abyei area as per the provisions of the CPA.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.6. The Presidency to avail the necessary funds to the Abyei Area Administration for delivery in accordance with the provisions of the CPA.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.7. The Presidency shall initiate the peace and reconciliation in the area in collaboration with the administration of the area and the surrounding communities.
    Power sharing→Territorial power sharing→Other
    Page 4, 4. Arrangements for Final Settlement:
    Without prejudice to the position of either party on the findings of the Abyei Boundaries Commission (ABC) Report, the Parties Agree on the following:
    4.1. The two parties shall resort to a professional and specialized arbitration tribunal to be agreed upon by the Parties to settle their dispute over the finding of the Abyei Boundaries Commission (ABC).

    Page 4, 4. Arrangements for Final Settlement:
    4.3. The parties commit themselves to abide by and implement the award of the arbitration tribunal.

    Page 4, 4. Arrangements for Final Settlement:
    4.4. The entire arbitration process including the issuance of the final award shall be done within a period not exceeding six months from the date of the formation of the arbitration tribunal, and subject to an extension for a period not exceeding three months.

    Page 4, 4. Arrangements for Final Settlement:
    4.5. In case the two Parties failed within one month to reach agreement on the arbitration tribunal or compromise or other terms of reference and rules of procedure for the arbitral process, the Secretary General of the permanent Court of Arbitration (PCA), the Hauge, shall within fifteen days, designate an institution and finalize the rules of procedures and terms of reference in accordance with the PCA Rules and applicable international practices.
  • Economic power sharing
    Power sharing→Economic power sharing→Sharing of resources
    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.9. Without prejudice to the wealth sharing formula agreed upon in the CPA and pending the final demarcation of the Abyei area in accordance with the arbitration award and subject to its outcome, the oil revenue from the oilfields in the areas under arbitration shall be allocated in accordance with the wealth sharing arrangements in Abyei Protocol.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.10. The Government of National Unity and Government of Southern Sudan shall contribute fifty percent (50%) and twenty-five percent (5) respectively from their oil revenue share from oilfields in the areas under arbitration to a fund to be established by the Presidency for the development of the areas along the North-South border and financing the joint projects presented to the Third Sudan Consortium in Oslo, Norway, May 2008.
  • Military power sharing
    Power sharing→Military power sharing→Merger of forces
    Page 1, 1. Security Arrangements
    1.1. The JDB shall deploy a new JIU battalion within a maximum of ten days from the date of adoption of these resolutions by the Presidency; the new JIUs battalion shall be constituted from new elements other than those elements of the former Abyei JIUs battalion as per the resolution of the CPC issues on 27/5/2008. The Parties urge the JDB to learn the lessons from the experience with the former Abyei JIUs battalion and expedite training and integration process to make this new battalion a model unit and more effective.

    Page 1, 1. Security Arrangements
    1.4. With the deployment of the new JIU battalion and police force in the area and resumption of their duties, SAF and SPLA troops shall be redeployed beyond the Abyei administrative area as per the attached map.

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
    Page 1, 1. Security Arrangements
    1.3. UNMIS force in Abyei area shall have free movement and access to the north and south of Abyei area to carry out its mandate as specified in the CPA.
  • 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

    No specific mention.

  • 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 3, 3. Interim Arrangements for Abyei Administration:
    3.9. Without prejudice to the wealth sharing formula agreed upon in the CPA and pending the final demarcation of the Abyei area in accordance with the arbitration award and subject to its outcome, the oil revenue from the oilfields in the areas under arbitration shall be allocated in accordance with the wealth sharing arrangements in Abyei Protocol.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.10. The Government of National Unity and Government of Southern Sudan shall contribute fifty percent (50%) and twenty-five percent (5) respectively from their oil revenue share from oilfields in the areas under arbitration to a fund to be established by the Presidency for the development of the areas along the North-South border and financing the joint projects presented to the Third Sudan Consortium in Oslo, Norway, May 2008.
  • International funds

    No specific mention.

  • 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 1, 1. Security Arrangements
    1.1. The JDB shall deploy a new JIU battalion within a maximum of ten days from the date of adoption of these resolutions by the Presidency; the new JIUs battalion shall be constituted from new elements other than those elements of the former Abyei JIUs battalion as per the resolution of the CPC issues on 27/5/2008. The Parties urge the JDB to learn the lessons from the experience with the former Abyei JIUs battalion and expedite training and integration process to make this new battalion a model unit and more effective.

    Page 1, 1. Security Arrangements
    1.4. With the deployment of the new JIU battalion and police force in the area and resumption of their duties, SAF and SPLA troops shall be redeployed beyond the Abyei administrative area as per the attached map.

    Page 1, 1. Security Arrangements
    1.5. The Parties condemn the incidents that took place recently in Abyei, and confirm the CPC resolution to immediately investigate the incidents by CJMC plus additional members as shall be agreed upon by the Parties.

    Page 2, 2. Return of IDPs:
    2.1. The civil population shall return to their former homesteads on completion of the above mentioned security arrangements, which are expected to finish before the end of June 2008.
  • Ceasefire

    No specific mention.

  • Police
    Page 1, 1. Security Arrangements
    1.2. Police shall be deployed in the area after consultation between the National Minister of Interior and Minister of Internal Affairs of Government of Southern Sudan within two weeks from the date of adoption of these resolutions.

    Page 1, 1. Security Arrangements
    1.4. With the deployment of the new JIU battalion and police force in the area and resumption of their duties, SAF and SPLA troops shall be redeployed beyond the Abyei administrative area as per the attached map.
  • Armed forces

    No specific mention.

  • DDR
    Security sector→DDR→Demilitarisation provisions
    Page 1, 1. Security Arrangements
    1.4. With the deployment of the new JIU battalion and police force in the area and resumption of their duties, SAF and SPLA troops shall be redeployed beyond the Abyei administrative area as per the attached map.
  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces
    Page 1, 1. Security Arrangements
    1.4. With the deployment of the new JIU battalion and police force in the area and resumption of their duties, SAF and SPLA troops shall be redeployed beyond the Abyei administrative area as per the attached map. [Map not included]
  • 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 2, 3. Interim Arrangements for Abyei Administration:
    3.4. The Presidency shall appoint Chief Administrator as nominee of the Sudan People's Liberation Movement (SPLM) and Deputy Chief Administrator as nominee of the National Congress Party (NCP) from among the residents of Abyei area as per provisions of the CPA. The Parties shall observe in their nominations considerations of amity, reconciliation and accord.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.7. The Presidency shall initiate the peace and reconciliation in the area in collaboration with the administration of the area and the surrounding communities.

    Page 3, 3. Interim Arrangements for Abyei Administration:
    3.8. The Presidency shall work at making Abyei area a model of national reconciliation and peace building.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 1, 1. Security Arrangements
    1.3. UNMIS force in Abyei area shall have free movement and access to the north and south of Abyei area to carry out its mandate as specified in the CPA.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

The Road Map for Return of IDPs and Implementation of Abyei Protocol Khartoum, 8th June 2008

1. Security Arrangements:

1.1. The JOB shall deploy a new JIU battalion within a maximum of ten days from the date of adoption of these resolutions by the Presidency;

the new JIUs battalion shall be constituted from new elements other than those elements of the former Abyei JIUs battalion as per the resolution of the CPC issued on 27 /5/2008.

The Parties urge the JOB to learn the lessons from the experience with the former Abyei JIUs battalion and expedite training and integration process to make this new battalion a model unit and more effective.

1.2. Police shall be deployed in the area after consultation between the National Minister of Interior and Minister of Internal Affairs of Government of Southern Sudan within two weeks from the date of adoption of these resolutions.

1.3. UNMIS force in Abyei area shall have free movement and access to the north and south of Abyei area to carry out its mandate as specified in the CPA.

1.4. With the deployment of the new JIU battalion and police force in the area and resumption of their duties, SAF and SPLA.

troops shall be redeployed beyond the Abyei administrative area as per the attached map.

1 .5.

The Parties condemn the incidents that took place recently in Abyei, and confirm the CPC resolution to immediately investigate the incidents by CJMC plus additional members as shall be agreed upon by the Parties.

2. Return of IDPs:

2.1. The civil population shall return to their former homesteads on completion of the above mentioned security arrangements, which are expected to finish before the end of June 2008.

2.2. The GoNU shall take all arrangements for availing the resources for the return programme of the civil population and with the involvement of the relevant international agencies and organizations, which shall be implemented through the Abyei Area Administration ..

3. Interim Arrangements for Abyei Administration:

Without prejudice to the outcome of arbitration as per the provisions of section 4 below, the Parties agree on the following:

3.1 The Presidency shall set up Abyei Area Administration as per the provisions of the CPA within two weeks from the date of the adoption of these resolutions.

3.2 The interim boundaries of the administration of Abyei Area shall be as per the attached map.

3.3 The administration of Abyei Area shall be accorded special administrative status and perform its functions as per the provisions of the Abyei Protocol.

3.4 The Presidency shall appoint Chief Administrator as nominee of the Sudan People's Liberation Movement (SPLM) and Deputy Chief Administrator as nominee of the National Congress Party (NCP) from among the residents of Abyei area as per provisions of the CPA.

The Parties shall observe in their nominations considerations of amity, reconciliation and accord.

3.5 The Chief Administrator, in consultation with Deputy Chief Administrator, shall make recommendations to the Presidency for the appointment of the heads of departments and members of Abyei Area Council from among the residents of Abyei area as per the provisions of the CPA.

3.6 The Presidency to avail the necessary funds to the Abyei Area Administration for delivery of basic services and running of administration in accordance with the provisions of the CPA.

3.7 The Presidency shall initiate the peace and reconciliation in the area in collaboration with the administration of the area and the surrounding communities.

3.8 The Presidency shall work at making Abyei area a model of national reconciliation and peace building.

3.9 Without prejudice to the wealth sharing formula agreed upon in the CPA and pending the final demarcation of the Abyei area in accordance with the arbitration award and subject to its outcome, the oil revenue from the oilfields in the areas under arbitration shall be allocated in accordance with the wealth sharing arrangements in Abyei Protocol.

3.10 The Government of National Unity and Government of Southern Sudan shall contribute fifty percent (503) and twenty-five percent (253) respectively from their oil revenue share from oilfields in the areas under arbitration to a fund to be established by the Presidency for the development of the areas along the North-South border and financing the joint projects presented to the Third Sudan Consortium in Oslo, Norway, May 2008.

4. Arrangements for Final Settlement:

Without prejudice to the position of either party on the findings of the Abyei Boundaries Commission (ABC) Report, the Parties agree on the following:

4.1. The two parties shall resort to a professional and specialized arbitration tribunal to be agreed upon by the Parties to settle their dispute over the finding of the Abyei Boundaries Commission (ABC).

4.2. The two parties shall work out the terms of reference (compromis) for the arbitration which shall include nomination of professional arbitration tribunal, selection process of the arbitrators, referred issues for decision by the arbitration, procedure of arbitration, decision making process and the enforcement of the award of the arbitration tribunal.

4.3. The parties commit themselves to abide by and implement the award of the arbitration tribunal.

4.4. The entire arbitration process including the issuance of the final award shall be done within a period not exceeding six months from the date of the formation of the arbitration tribunal, and subject to an extension for a period not exceeding three months.

4.5. In case the two Parties failed within one month to reach agreement on the arbitration tribunal or compromis or other terms of reference and rules of procedure for the arbitral process, the Secretary General of the Permanent Court of Arbitration (PCA), the Hauge, shall, within fifteen days, designate an institution and finalize the rules of procedures and terms of reference in accordance with the PCA Rules and

applicable international practices.

Signed by:

Mr. Dirdeiry Mohamed Ahmed

National Congress Party

Khartoum, 8th June 2008

Mr. Deng Aler Kuol

Sudan People's liberation Movement,

Khartoum, 8th June 2008

Endorsed by the Presidency:

Vice President of the Republic First Vice President of the Republic

President of the Republic of the Sudan