Sudan: The future’s framework

Troupe movements, administration offices, seats in the parliaments. The peace protocols form the recipe for how the country should be administered and governed

By Maja Halleen Graae

The Sudanese peace stands on a detailed long document describing the overall framework for the country’s transformation. Two important periods are defined: First the pre-interim period starting on 9th January when the agreement was signed and running for six months. Second, the interim period starting mid 2005 and running for six years. It leads to a referendum in which southern Sudan decides on independence or continued unity. Thus, in July 2011 the Sudan is - hopefully - peaceful and strong enough to stand on its own. The Government of the Sudan and the Sudanese Peoples Liberation Movement, SPLM, signed the peace agreement after years of negotiations mediated by the Intergovernmental Authority on Development, IGAD.

Here follows an overview of the protocols that together make up the comprehensive peace agreement:

Guide to the transition

The Machakos Protocol, signed July 20th 2002

This protocol identifies the procedures and levels and roles of government under the new constitution for the interim period, and it lists the tasks for the first six years:

Establishment of administrative institutions
Constitutional framework
National Constitutional Review
Implementation of the comprehensive cease-fire, and monitoring of the peace

At the end of the interim period, there shall be an internationally monitored referendum, organised jointly by the Government of Sudan and the SPLM/A, for the people of southern Sudan to vote for either unity or to separate from the Sudan.

Sharing the power

Power Sharing Protocol, signed May 5th 2004

This protocol describes the levels of government and their powers and functions during the interim period. Decentralisation and empowerment at all levels of government are fundamental principles.

The interim period will see four levels of government:

The national level: Protection and promotion of the sovereignty of the Sudan
The southern Sudan level: Exercising authority in respect of the people and States of southern Sudan
The State level: Government for each State in the Sudan
The local government level in the Sudan

A population census will be conducted by the end of the second year of the interim period. By the end of the third year an internationally monitored general election is held for the National Assembly.

Seats in the National Assembly will be distributed according to population ratios drawn from the census.

Before elections, the National Assembly will be made up as follows:

National Congress Party, NCP will have 52%
Sudan People’s Liberation Movement, SPLM will have 28%
Other northern political forces will have 14%
Other southern political forces will have 6%

Before the elections, the southern Sudan legislature and executive will be constituted as follows:

The Sudan People’s Liberation Movement, SPLM, 70%
The National Congress Party, NPC 15%
Other southern forces 15%

The composition of the States’ legislatives and executives shall be as follows:

The National Congress Party, NPC 70% seats in northern States
Sudan People’s Liberation Movement, SPLM will hold 70% seats in southern States

The remaining 30% in the northern and southern States shall be allocated as follows:

National Congress Party, NPC will have 10% in the south
Sudan People’s Liberation Movement, SPLM will have 10% in the north

The remaining 20% shall be filled by other northern political parties in the northern States and other southern political parties in the southern States.

Security for all

Security Arrangements Protocol, signed 25th September 2003.

The Sudan Armed Forces, SAF and the Sudan People’s Liberation Army, SPLA shall remain separate and both parties shall be treated equally as Sudan’s National Armed Forces during the interim period.

The SAF forces currently in the south shall redeploy north of the 1/1/1956 border within two and a half years from the signing of the agreement. The SPLA forces in the Nuba Mountains and Southern Blue Nile shall redeploy to the same border within six months of the deployment of Joint/Integrated Units, JIUs in these areas. During the interim period JIUs shall be formed of equal numbers of SAF and the SPLA.

The SPLA forces in Eastern Sudan shall be redeployed to the south of the 1/1/1956 border within one year from signing of the agreement.

Sharing the wealth

Wealth Sharing Protocol, Signed 7th January 2004.

This protocol sets out the income, revenue, taxes and other sources of wealth. The wealth of Sudan will be shared equitably and southern Sudan and areas in need of construction and reconstruction shall be brought up to the same level of socio-economic and public services standard as the northern States.

A separate process will resolve the issues of ownership of land and subterranean resources. An independent National Petroleum Commission shall be established to formulate policies and strategies for the oil industry. The Commission shall also negotiate and approve oil contracts. Existing oil contracts shall not be subject to re-negotiation.

The sharing of oil revenue of southern Sudan will be done according to the following formula:

At least 2% of oil revenue shall be allocated to the state where the oil is produced
After this payment, 50% of the oil revenue from southern Sudan shall be allocated to the Government of southern Sudan
The remaining 50% will go to the National Government and states in northern Sudan
The protocol lists what non-oil revenue National Government, GOSS and States are entitled to collect respectively.

Disputed areas

Two separate protocols describe the issues of geographic areas that are not included in the overall peace agreement:

Resolution of the conflict in southern Korodan / Nuba Mountains and Blue Nile states
Resolution of the Abyei Conflict