Protocol between the Government of Sudan and the Sudan People's Liberation Movement on the Resolution of Conflict in Southern Kordofan/Nuba Mountains and the Blue Nile States

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Country/entity: South Sudan
Sudan
Southern Kordofan - Blue Nile - Abyei
Region: Africa (excl MENA)
Agreement name: Protocol between the Government of Sudan and the Sudan People's Liberation Movement on the Resolution of Conflict in Southern Kordofan/Nuba Mountains and the Blue Nile States
Date: 26 May 2004
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Sudan Conflicts (1955 - )
Agreements relate to several distinct dyads, and also the negotiated independence of South Sudan, and subsequent internal conflict in South Sudan. Sudan-South Sudan. The long-standing conflict between the north and the south of the country dates back to colonial times, where the British introduced a so-called ‘Southern Policy’, severely hampering population movements between these big regions. Immediately after gaining independence in 1956, southern movements started to fight for independence; this fight became professionalised in 1983 with the foundation of the soon internationally supported Sudan People’s Liberation Army (SPLA). When the Islamic Front government introduced strict sharia laws in the south after it took over power in 1988 the war intensified. A decade later, the military situation reached a stalemate, enabling internationally facilitated peace negotiations to begin in 1997. After more fighting, a final negotiation push began in 2002, leading to the signing of the Comprehensive Peace Areement (CPA) in January 2005.

Sudan-South Sudan post referendum. South Sudan became independent in July 2011; since then, relations between the two countries are complicated and violent conflict led by the SPLM (North) in the Sudanese Nuba mountains region has since intensified.

Darfur. Other long-standing violent conflicts are in the east and the west of the country. In the east, the Beja Congress, established in 1957, is the spearhead of a currently ‘peaceful’ opposition movement. In the west, the violent conflict in Darfur intensified in the early 2000s and rapidly gained international attention, even resulting in genocide charges against leading figures of the Sudanese government. The situation on the ground is complex, with over a dozen organisations (most notably the Sudanese Liberation Movement and the Justice and Equality Movement) fighting the Sudanese government and allied groups like the Janjaweed – although all parties have switched sides on numerous occasions. Several mediation attempts have not been successful, due to the shaky commitment of the Sudanese central government and the distrust among the armed opposition.

South Sudan - internal
In December 2013, after president Salva Kiir accused opposition leader Riek Machar of attempting a coup, violent conflict broke out between government forces of the SPLM/A and anti-governmental groups. In addition, several other political militias as well as communal militias have joined the conflict. In 2015 the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) was signed. Due to unsuccessful implementation the agreement was revitalized in 2018. In September 2019, Kiir and Machar agreed to establish a power-sharing government after struggles on forming a unity transitional government.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Kordofan - Blue Nile - Abyei process
Parties: Government of Sudan, Sudan's People Lieration Movement (SPLM) [Uploaded document does not contain signatures of Parties or Third Parties]
Third parties: [Uploaded document does not contain signatures of Parties or Third Parties]
Description: An agreement establishing principles and modalities for resolution of conflict in the states of Kordofan/Nuba Mountains and Blue Nile, providing general principles, a definition of the two areas, a commitment to popular consultation of the people, and the structures of governance, primarily the state executive, legislatures, and courts, in each state. Attached are Schedules which provide for the devolved competencies to the two states, the concurrent powers between the states and the national government, and the residual powers of the national government.

Agreement document: SD_040526_Protocol on Conflict in Kordofan-Nuba Mtns and Blue Nile.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Substantive
Page 17, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below:
23. Women welfare and child protection and care; [...]
25. Rehabilitation and care for disabled war veterans, orphans, widows and their dependants.
Disabled persons: Groups→Disabled persons→Substantive
Page 16-17, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below:
...
25. Rehabilitation and care for disabled war veterans, orphans, widows and their dependants.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Anti-discrimination
Page 2, Preamble:
REAFFIRMING that citizenship shall be the basis for equal rights and duties for all Sudanese citizens regardless of their ethnicity or religion;
Religious groups: Groups→Religious groups→Anti-discrimination
Page 2, Preamble:
REAFFIRMING that citizenship shall be the basis for equal rights and duties for all Sudanese citizens regardless of their ethnicity or religion;
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
16. Relief, repatriation, resettlement, rehabilitation and reconstruction;

Page 17, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
25. Rehabilitation and care for disabled war veterans, orphans, widows and their dependants.
Social class: No specific mention.

Gender

Women, girls and gender: Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
19. Gender policy;
20. Women’s empowerment;

Page 17, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below:
23. Women welfare and child protection and care; [...]
25. Rehabilitation and care for disabled war veterans, orphans, widows and their dependents.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
26.Population policy and family planning;

State definition

Nature of state (general): No specific mention.
State configuration: Page 4, 4. Structure of the State Government
4.1. The State shall have the following structure:
4.2 The State Executive, which shall comprise of:
4.2.1 The State Governor;
4.2.2 The State Council of Ministers; and
4.2.3 Local Governments.
4.3 The State Legislature (SL).
4.4 The State Judiciary.
Self determination: No specific mention.
Referendum: Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
29.State referenda, in matters within the state’s competencies;
State symbols: Page 2, 1. General Principles: [...]
1.2. The diverse cultural heritage and local languages of the population of the State shall be developed and protected;

Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
44.Flag and Emblem;
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 3, 2. Definition of the Two Areas:
2.1. The boundaries of Southern Kordofan/Nuba Mountains State shall be the same boundaries of former Southern Kordofan Province when Greater Kordofan was sub-divided into two provinces.

Page 3, 2. Definition of the Two Areas:
2.2. For the purpose of this Protocol, Blue Nile State shall be understood as referring to the presently existing Blue Nile State.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
[[The agreement provides the structure of state government. Sets out power-sharing percentages to go to National Congress Party and to SPLM (Art 11). Rotational governonship in the two states, not to be held simultaneosly in the two states at the same time (Art 11.1.2, 11.1.3). Deputy Governor to go to toher party. Elections to be held, but pending them, 'and as part of affirmative action' the parties agree that the states shall be adequately representived in National Institutions targeting a percentage not less than the ration of their population size (11.2).]]

Page 2, 1. General Principles:
The Parties agree on the following, as the basis for political, administrative, economic and social solution to the conflict in Southern Kordofan/Nuba Mountains and Blue Nile: [...]

Page 3, 3. Popular Consultation:
3.2. That this comprehensive agreement shall be subjected to the will of the people of the two States through their respective democratically elected legislatures.

Page 3, 3. Popular Consultation:
3.3. That the legislatures of the two States shall each establish a Parliamentary Assessment and Evaluation Commission to assess and evaluate the implementation of the agreement in each State. The two Commissions shall submit their reports to the legislatures of the two States by the fourth year of the signing of the comprehensive Peace Agreement.

Page 4, 3. Popular Consultation:
3.4. An independent Commission shall be established by the Presidency to assess and evaluate the implementation of the comprehensive Peace Agreement in each of the two States. The Commission shall submit its reports to the National Government and the Governments of the two States who shall use the reports to rectify any procedure that needs to be rectified to ensure faithful implementation of the Agreement.

Page 4, 3. Popular Consultation:
3.5. Once this agreement is endorsed by the people through the legislature of any of the two States as meeting their aspirations, then the agreement becomes the final settlement of the political conflict in that State.

Page 4, 3. Popular Consultation:
3.6. Should any of the legislatures of the two States, after reviewing the Agreement, decide to rectify, within the framework of the Agreement, any shortcomings in the constitutional, political and administrative arrangements of the Agreement, then such legislature shall engage in negotiations with the National Government with the view of rectifying these shortcomings.
Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 4, 4. Structure of the State Government
4.1. The State shall have the following structure:
4.2 The State Executive, which shall comprise of:
4.2.1 The State Governor;
4.2.2 The State Council of Ministers; and
4.2.3 Local Governments.
4.3 The State Legislature (SL).
4.4 The State Judiciary.

Page 4, 5. The State Executive:
[...]
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 5, 5. The State Executive:
5.2. The Governor shall appoint the ministers and the commissioners of the state in accordance with the State Interim Constitution. The State Council of Ministers shall be representative.

Page 5, 5. The State Executive:
5.3. The Governor shall, together with the State Council of Ministers, exercise the Executive Powers of the State which shall be in respect of the functional areas listed in Schedules A and B, read together with Schedule C, attached hereto, and in accordance with the State Interim Constitution.

Page 5, 5. The State Executive:
5.4. The State Council of Ministers shall be accountable to the Governor and the State Legislature in the performance of their duties.

Page 5, 5. The State Executive:
5.5. The State shall have commissioners and elected local councils. The organization and proper functioning of the Local Governments shall be the responsibility of the Government of the State.

Page 5, 5. The State Executive:
5.6 There shall be State Security Committee to be chaired by the Governor of the State. The Committee shall include, among others, the Military Commander of the area, his Deputy, the Director of the State Police and Director of the State National Security Branch.

Page 6, 6. The State Legislature:
6.1. Members of the State Legislature (SL) shall be elected by the registered voters of the State in accordance with the State Law and in conformity with the general guidelines as set forth by electoral provisions as set forth by the National Electoral Commission.

Page 6, 6. The State Legislature:
6.2. The State Legislature shall prepare and adopt the State Constitution, provided that it shall conform to the Interim National Constitution.

Page 6, 6. The State Legislature:
6.3. The Governor of the State shall sign any law duly approved by the State Legislature, failing which, after thirty (30) days it shall be deemed to have been signed into law, unless the Governor has submitted the law to the Constitutional Court for a ruling on its constitutionality. If the Constitutional Court finds the law constitutional, the Governor shall immediately sign such law.

Page 7, 6. The State Legislature:
6.4. The State Legislature shall legislate for the state within its legislative powers as stipulated in schedule (A) attached herewith.

Page 7, 6. The State Legislature:
6.5. State laws currently applicable in the State shall continue until new legislation is duly enacted by the SL within its competence.

Page 7, 6. The State Legislature:
6.6. The State Legislature shall decide its own rules, procedures, and committees, and elect its Speaker and other officers.

Page 7, 6. The State Legislature:
6.7. The State Legislature may relieve the Governor of the State of his/her functions by a motion supported by two-thirds of its membership.

Page 7, 6. The State Legislature:
6.8. Members of the State Legislature and the State Executive shall have such immunities as are provided by law.

Page 7, 7. The State Courts:
7.1. The structures and powers of the courts of the States shall be subject to the Interim National Constitution.

Page 7, 7. The State Courts:
7.2. The State Constitution shall provide for the establishment of such state courts as are necessary.

Page 7, 7. The State Courts:
7.3. The State Legislature shall provide for the appointment and dismissal of state appointed judges, subject to the State Constitution and the approval of the National Judicial Service Commission.

Page 8, 7. The State Courts
7.6. The National Legislature shall determine the civil and criminal procedures to be followed in respect of litigation or prosecution under National laws in accordance with the Interim National Constitution.

Page 10, 8. The State Share in the National Wealth:
8.9. In addition to the budgetary allocations and the two states’ share in the NRDF, the President shall allocate an amount of money to each of the two states.

Page 12, 11. Pre-Election Arrangements:
11.1. As part of pre-election arrangements, the Parties agree on the following:
11.1.1. The Executive and Legislature in the two states shall be allocated as follows:
(a) Fifty-five Percent (55%) to the National Congress Party;
(b) Forty-five Percent (45%) to the SPLM.

Page 12, 11. Pre-Election Arrangements:
11.1.2. There shall be rotational governorship in the two states with each Party holding the Office of Governor for half of the pre-election period in each of the two states.

Page 12, 11. Pre-Election Arrangements:
11.1.3. No one Party is to hold the Governorship in both states at the same time.

Page 13, 11. Pre-Election Arrangements:
11.2 Pending general elections, and as part of affirmative action, the Parties agree that Southern Kordofan/Nuba Mountains and Blue Nile States shall be adequately represented in National Institutions targeting a percentage not less than the ratio of their population size.
Elections: Page 3, 3. Popular Consultation:
3.2. That this comprehensive agreement shall be subjected to the will of the people of the two States through their respective democratically elected legislatures.

Page 5, 5. The State Executive:
5.1. The Governor of the State shall be directly elected by the registered voters
of the State in a public adult suffrage.

Page 6, 6. The State Legislature:
6.1. Members of the State Legislature (SL) shall be elected by the registered voters of the State in accordance with the State Law and in conformity with the general guidelines as set forth by electoral provisions as set forth by the National Electoral Commission.
Electoral commission: Page 6, 6. The State Legislature:
6.1. Members of the State Legislature (SL) shall be elected by the registered voters of the State in accordance with the State Law and in conformity with the general guidelines as set forth by electoral provisions as set forth by the National Electoral Commission.
Political parties reform: No specific mention.
Civil society: [[Provides for 'popular consultation' on comprehensive peace agreement (Art 3). By this it means 'through the two states through their repsecitve democratically elected legislatures.]]

Page 3, 3. Popular Consultation:
The Government of Sudan and the Sudan People’s Liberation Movement (the Parties), committed to reaching a just, fair and comprehensive peace agreement to end the war in Southern Kordofan/Nuba Mountains and Blue Nile States, agree on the following:
3.1. Popular consultation is a democratic right and mechanism to ascertain the views of the people of Southern Kordofan/Nuba Mountains and Blue Nile States on the comprehensive agreement reached by the Government of Sudan and the Sudan People’s Liberation Movement.

Page 3, 3. Popular Consultation:
3.2. That this comprehensive agreement shall be subjected to the will of the people of the two States through their respective democratically elected legislatures.

Page 4, 3. Popular Consultation:
3.5. Once this agreement is endorsed by the people through the legislature of any of the two States as meeting their aspirations, then the agreement becomes the final settlement of the political conflict in that State.

Page 16, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
45.Community empowerment.

Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
17. The initiation and negotiation of international and regional agreements on culture, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign non-governmental organizations;
Traditional/religious leaders: No specific mention.
Public administration: Page 2, 1. General Principles:
1.3. Development of human resources and infrastructure shall be the main goal of the State. It shall be conducted to meet human needs in accordance with the best-known practices of sustainable development within a transparent and accountable framework.

Page 10, 8. The State Share in the National Wealth:
8.14 There shall be a fair and equitable division of government assets. An asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related (e.g., school buildings to the level of government responsible for education). In the event of a dispute, the Parties agree that such dispute shall be referred to a committee comprising a representative of each of the Parties involved in the dispute and a mutually agreed expert.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States:
6. Social Welfare, including state pensions;
7. The Civil Service at the state level; [...]
12.The establishment, tenure, appointment, and payment of state civil service officers; [...]
15.The establishment, regulation, and provision of health care, including hospitals and other health institutions;
16.Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state; [...]
18.Registration of marriage, divorce, inheritance, births, deaths, adoption and affiliations;

Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
22.Primary and secondary school and education administration in regard thereto;
25.Intrastate public transport and roads;
26.Population policy and family planning; [...]
34.Recreation and sport within the state; [...]
38.State budget;
39.State archives, antiquities, and monuments; [...]
41.State public utilities;
42.Vehicle licensing;
43.Fire fighting and ambulance services;
Constitution: Governance→Constitution→Constitution affirmation/renewal
Page 2, 1. General Principles:
The Parties agree on the following, as the basis for political, administrative, economic and social solution to the conflict in Southern Kordofan/Nuba Mountains and Blue Nile:
1.1. Human rights and fundamental freedoms shall be guaranteed to all individuals in the State as prescribed in the Interim National Constitution;

Page 4, 3. Popular Consultation:
3.6. Should any of the legislatures of the two States, after reviewing the Agreement, decide to rectify, within the framework of the Agreement, any shortcomings in the constitutional, political and administrative arrangements of the Agreement, then such legislature shall engage in negotiations with the National Government with the view of rectifying these shortcomings.

Page 5, 5. The State Executive:
5.2. The Governor shall appoint the ministers and the commissioners of the state in accordance with the State Interim Constitution. The State Council of Ministers shall be representative.

Page 5, 5. The State Executive:
5.3. The Governor shall, together with the State Council of Ministers, exercise the Executive Powers of the State which shall be in respect of the functional areas listed in Schedules A and B, read together with Schedule C, attached hereto, and in accordance with the State Interim Constitution.

Page 6, 6. The State Legislature:
6.2. The State Legislature shall prepare and adopt the State Constitution, provided that it shall conform to the Interim National Constitution.

Page 6, 6. The State Legislature:
6.3. The Governor of the State shall sign any law duly approved by the State Legislature, failing which, after thirty (30) days it shall be deemed to have been signed into law, unless the Governor has submitted the law to the Constitutional Court for a ruling on its constitutionality. If the Constitutional Court finds the law constitutional, the Governor shall immediately sign such law.

Page 7, 7. The State Courts:
7.1. The structures and powers of the courts of the States shall be subject to the Interim National Constitution.

Page 7, 7. The State Courts:
7.2. The State Constitution shall provide for the establishment of such state courts as are necessary.

Page 7, 7. The State Courts:
7.3. The State Legislature shall provide for the appointment and dismissal of state appointed judges, subject to the State Constitution and the approval of the National Judicial Service Commission.

Page 8, 8. The State Share in the National Wealth:
8.1. The National wealth shall be shared equitably between different levels of Government so as to allow enough resources for each level of Government to exercise its constitutional competencies.

Page 12, 9. State Land Commission:
9.8. In case of conflict between the findings and recommendations of the National Land Commission and the State Land Commission which cannot be resolved by agreement, the two Commissions shall reconcile their positions. Failure to reconcile, the matter shall be referred to the Constitutional Court for adjudication.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States:
1. The drafting, adoption and amendment of the Constitution of the state, subject to conformity with the Interim National Constitution; [...]
10.Religious matters, subject to the Interim National Constitution;

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Sub-state level
Summary: Limited state level power sharing is provided, see below.

Page 13, 11. Pre-Election Arrangements:
11.2 Pending general elections, and as part of affirmative action, the Parties agree that Southern Kordofan/Nuba Mountains and Blue Nile States shall be adequately represented in National Institutions targeting a percentage not less than the ratio of their population size.

Sub-state level power sharing is provided as a temporary measure, see below.
Power sharing→Political power sharing→Executive coalition
State level
Sub-state level
Page 5, 5. The State Executive:
5.3. The Governor shall, together with the State Council of Ministers, exercise the Executive Powers of the State which shall be in respect of the functional areas listed in Schedules A and B, read together with Schedule C, attached hereto, and in accordance with the State Interim Constitution.

Page 12, 11. Pre-Election Arrangements:
11.1. As part of pre-election arrangements, the Parties agree on the following:
11.1.1. The Executive and Legislature in the two states shall be allocated as follows:
(a) Fifty-five Percent (55%) to the National Congress Party;
(b) Forty-five Percent (45%) to the SPLM.

Page 12, 11. Pre-Election Arrangements:
11.1.2. There shall be rotational governorship in the two states with each Party holding the Office of Governor for half of the pre-election period in each of the two states.

Page 12, 11. Pre-Election Arrangements:
11.1.3. No one Party is to hold the Governorship in both states at the same time.

Page 13, 11. Pre-Election Arrangements:
11.1.4. The office of Deputy Governor is to be allocated to the Party that is not presently occupying the Office of Governor.

Page 13, 11. Pre-Election Arrangements:
11.1.5. The Parties are to decide upon the signature of the comprehensive Peace Agreement the time and order in which each party assumes the Governorship in each state.

Page 13, 11. Pre-Election Arrangements:
11.2 Pending general elections, and as part of affirmative action, the Parties agree that Southern Kordofan/Nuba Mountains and Blue Nile States shall be adequately represented in National Institutions targeting a percentage not less than the ratio of their population size.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [See Page 14-15 for full list].
Power sharing→Political power sharing→Proportionality in legislature
State level
Sub-state level
Page 12, 11. Pre-Election Arrangements:
11.1. As part of pre-election arrangements, the Parties agree on the following:
11.1.1. The Executive and Legislature in the two states shall be allocated as follows:
(a) Fifty-five Percent (55%) to the National Congress Party;
(b) Forty-five Percent (45%) to the SPLM.
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Page 5, 5. The State Executive:
5.5. The State shall have commissioners and elected local councils. The organization and proper functioning of the Local Governments shall be the responsibility of the Government of the State.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
4. Local Governments;
Power sharing→Territorial power sharing→Autonomous regions
Page 4, 4. Structure of the State Government
4.1. The State shall have the following structure:
4.2 The State Executive, which shall comprise of:
4.2.1 The State Governor;
4.2.2 The State Council of Ministers; and
4.2.3 Local Governments.
4.3 The State Legislature (SL).
4.4 The State Judiciary.

Page 5, 5. The State Executive:
5.3. The Governor shall, together with the State Council of Ministers, exercise the Executive Powers of the State which shall be in respect of the functional areas listed in Schedules A and B, read together with Schedule C, attached hereto, and in accordance with the State Interim Constitution.

Page 5, 5. The State Executive:
5.4. The State Council of Ministers shall be accountable to the Governor and the State Legislature in the performance of their duties.

Page 5, 5. The State Executive:
5.5. The State shall have commissioners and elected local councils. The organization and proper functioning of the Local Governments shall be the responsibility of the Government of the State.

Page 5, 5. The State Executive:
5.6 There shall be State Security Committee to be chaired by the Governor of the State. The Committee shall include, among others, the Military Commander of the area, his Deputy, the Director of the State Police and Director of the State National Security Branch.

Page 6, 6. The State Legislature:
6.2. The State Legislature shall prepare and adopt the State Constitution, provided that it shall conform to the Interim National Constitution.

Page 7, 7. The State Courts:
7.3. The State Legislature shall provide for the appointment and dismissal of state appointed judges, subject to the State Constitution and the approval of the National Judicial Service Commission.

Page 11, 9. State Land Commission:
9.1. The regulation of the land tenure, usage and exercise of rights in land shall be a concurrent competency exercised by the National and State Governments

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [See Page 14-15 for full list].

Page 17, Schedule (C): Residual Powers - The residual powers shall be exercised in accordance with its nature and as to whether the power pertains to a national matter, requires a national standard or is a matter that cannot be regulated by a single state, in which case it shall be exercised by the National Government. If the power pertains to a state matter, it shall be exercised by the state.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 8, 8. The State Share in the National Wealth:
8.1. The National wealth shall be shared equitably between different levels of Government so as to allow enough resources for each level of Government to exercise its constitutional competencies.

Page 8, 8. The State Share in the National Wealth:
8.3. Oil producing state is entitled to two percent (2%) of the oil produced in that state, as specified in the Wealth Sharing Agreement.

Page 8, 8. The State Share in the National Wealth:
8.4. The state shall be represented in the Fiscal and Financial Allocation and Monitoring Commission, which shall ensure transparency and fairness in regard to allocation of the share due to the state from the Nationally collected revenues and ensure that allocations due to the state are not withheld.

Page 9, 8. The State Share in the National Wealth:
8.6. In allocating the funds to the war-affected areas and least developed areas, NRDF shall use the effects of war and level of development as the main criteria. The Parties agree to allocate seventy-five percent (75%) of the total fund to the war-affected areas, particularly to Southern Kordofan/Nuba Mountains and Blue Nile States, while the remaining balance shall be earmarked to the least developed areas.

Page 9, 8. The State Share in the National Wealth:
8.7. The allocation of funds among the areas affected shall be determined during the Pre-Interim Period by the Joint National Transition Team (JNTT) that shall be established as agreed to in the Wealth Sharing Agreement, within the agreed percentages as in the above paragraph, taking into consideration the actual needs based on the results of Joint Assessment Mission.

Page 9, 8. The State Share in the National Wealth:
8.8. The Fiscal and Financial Allocation and Monitoring Commission (FFAMC), as agreed to in the Wealth Sharing Agreement, shall allocate current transfers to Southern Kordofan/Nuba Mountains, Blue Nile and other war-affected areas and least developed areas according to the following criteria: [...]

Page 10, 8. The State Share in the National Wealth:
8.14 There shall be a fair and equitable division of government assets. An asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related (e.g., school buildings to the level of government responsible for education). In the event of a dispute, the Parties agree that such dispute shall be referred to a committee comprising a representative of each of the Parties involved in the dispute and a mutually agreed expert.

Page 17, Schedule (D): State Revenue Sources - The state shall be entitled to raise and collect the taxes and revenues from the sources listed hereunder: [See page 17-18 for full list]
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2, Preamble:
REAFFIRMING that citizenship shall be the basis for equal rights and duties for all Sudanese citizens regardless of their ethnicity or religion;

Page 2, 1. General Principles:
The Parties agree on the following, as the basis for political, administrative, economic and social solution to the conflict in Southern Kordofan/Nuba Mountains and Blue Nile:
1.1. Human rights and fundamental freedoms shall be guaranteed to all individuals in the State as prescribed in the Interim National Constitution;
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: Page 3, 3. Popular Consultation:
The Government of Sudan and the Sudan People’s Liberation Movement (the Parties), committed to reaching a just, fair and comprehensive peace agreement to end the war in Southern Kordofan/Nuba Mountains and Blue Nile States, agree on the following:
3.1. Popular consultation is a democratic right and mechanism to ascertain the views of the people of Southern Kordofan/Nuba Mountains and Blue Nile States on the comprehensive agreement reached by the Government of Sudan and the Sudan People’s Liberation Movement.

Page 3, 3. Popular Consultation:
3.2. That this comprehensive agreement shall be subjected to the will of the people of the two States through their respective democratically elected legislatures.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Governance of media
Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
5. State information, state publications and state media;
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 17, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below:
23. Women welfare and child protection and care; [...]
25. Rehabilitation and care for disabled war veterans, orphans, widows and their dependants.
Rights related issues→Protection measures→Other
Page 2, 1. General Principles: [...]
1.2. The diverse cultural heritage and local languages of the population of the State shall be developed and protected;

Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
15. Environmental management, conservation and protection;
Other: Page 8, 7. The State Courts:
7.5. The state courts shall have civil and criminal jurisdiction in respect of State
and National Laws, save that a right of appeal shall lie to the National Courts in respect of matters brought before or heard under National laws.

Rights institutions

NHRI: No specific mention.
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 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
20.Statutes enacted under the penal law power, save for the penalization for the breach of National laws relating to the National competencies;
Justice sector reform→Criminal justice and emergency law→Delimitation of powers in Criminal Justice System
Page 8, 7. The State Courts:
7.5. The state courts shall have civil and criminal jurisdiction in respect of State and National Laws, save that a right of appeal shall lie to the National Courts in respect of matters brought before or heard under National laws.

Page 8, 7. The State Courts
7.6. The National Legislature shall determine the civil and criminal procedures to be followed in respect of litigation or prosecution under National laws in accordance with the Interim National Constitution.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
8. The state judiciary and administration of justice at the state level, including maintenance and organization of state courts, subject to national norms and standards of civil and criminal procedure;
State of emergency provisions: No specific mention.
Judiciary and courts: [[State courts provided for (art 7). State legsilature is to provide guarantees for the independence and impartiality of the State judiciary and ensure that state judges not be subject to political or other interference ((7.4).]]

Page 4, 4. Structure of the State Government
4.1. The State shall have the following structure:
4.2 The State Executive, which shall comprise of: [...]
4.3 The State Legislature (SL).
4.4 The State Judiciary.

Page 7, 7. The State Courts:
7.1. The structures and powers of the courts of the States shall be subject to the Interim National Constitution.

Page 7, 7. The State Courts:
7.2. The State Constitution shall provide for the establishment of such state courts as are necessary.

Page 7, 7. The State Courts:
7.3. The State Legislature shall provide for the appointment and dismissal of state appointed judges, subject to the State Constitution and the approval of the National Judicial Service Commission.

Page 8, 7. The State Courts:
7.4. The State legislations shall provide for guarantees for the independence and impartiality of the State judiciary and ensures that state judges shall not be subject to political or other interference.

Page 8, 7. The State Courts:
7.5. The state courts shall have civil and criminal jurisdiction in respect of State
and National Laws, save that a right of appeal shall lie to the National Courts in respect of matters brought before or heard under National laws.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
8. The state judiciary and administration of justice at the state level, including maintenance and organization of state courts, subject to national norms and standards of civil and criminal procedure;

Page 17, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
24. State courts responsible for enforcing or applying national laws; and
Prisons and detention: Page 6, 5. The State Executive:
5.9 Police, Prisons, Wildlife and Fire Brigade Officers shall be recruited by the State Service according to the National standards, trained and commissioned nationally and returned to the State for service. The other ranks shall be locally recruited to serve within the State. Recruitment and training regulations shall be designed and standardized by the National Police Service.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
3. State Prisons; [...]
14.The establishment, maintenance and management of reformatory institutions;
Traditional Laws: Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
10.Religious matters, subject to the Interim National Constitution;

Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
33.Traditional and customary law;

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Preamble:
EMPHASIZING equality, fairness, economic development, social welfare and stability as overarching goals of the Sudanese people in general and the population of the conflict affected areas in particular;

Page 2, 1. General Principles:
The Parties agree on the following, as the basis for political, administrative, economic and social solution to the conflict in Southern Kordofan/Nuba Mountains and Blue Nile: [...]

Page 2, 1. General Principles:
1.3. Development of human resources and infrastructure shall be the main goal of the State. It shall be conducted to meet human needs in accordance with the best-known practices of sustainable development within a transparent and accountable framework.

Page 8, 8. The State Share in the National Wealth:
8.5. The general objective of the National Reconstruction and Development Fund (NRDF) is to develop the war affected areas and least developed areas in the Sudan with the aim of bringing these areas to the national average standards and level of development.

Page 9, 8. The State Share in the National Wealth:
8.6. In allocating the funds to the war-affected areas and least developed areas, NRDF shall use the effects of war and level of development as the main criteria. The Parties agree to allocate seventy-five percent (75%) of the total fund to the war-affected areas, particularly to Southern Kordofan/Nuba Mountains and Blue Nile States, while the remaining balance shall be earmarked to the least developed areas.

Page 9, 8. The State Share in the National Wealth:
8.8. The Fiscal and Financial Allocation and Monitoring Commission (FFAMC), as agreed to in the Wealth Sharing Agreement, shall allocate current transfers to Southern Kordofan/Nuba Mountains, Blue Nile and other war-affected areas and least developed areas according to the following criteria:
8.8.1. Population;
8.8.2. Minimum expenditure responsibilities;
8.8.3. Human Development Index / Social Indicators (social development factor);
8.8.4. Geographical area (cost disability factor);
8.8.5. Fiscal effort (internal revenue effort); and
8.8.6. The effect of war factor.

Page 10, 8. The State Share in the National Wealth:
8.9. In addition to the budgetary allocations and the two states’ share in the NRDF, the President shall allocate an amount of money to each of the two states.

Page 10, 8. The State Share in the National Wealth:
8.10 The Parties agree to appeal to the donor community to provide technical assistance to the FFAMC to develop comprehensive equalization criteria.

Page 10, 8. The State Share in the National Wealth:
8.12. There shall be no impediment to interstate commerce or the flow of goods and services, capital, or labour to and from the state.

Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below:
1. Economic and social development within the state; [...]
5. Urban development, planning and housing;
16. Relief, repatriation, resettlement, rehabilitation and reconstruction; [...]
18. Financial and economic policies and planning;

Page 17, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
25. Rehabilitation and care for disabled war veterans, orphans, widows and their dependants.
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below:
16. Relief, repatriation, resettlement, rehabilitation and reconstruction; [...]
National economic plan: Page 8, 8. The State Share in the National Wealth:
8.5. The general objective of the National Reconstruction and Development Fund (NRDF) is to develop the war affected areas and least developed areas in the Sudan with the aim of bringing these areas to the national average standards and level of development.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
11.Internal and external borrowing of money on the sole credit of the state within the national macro-economic framework, as set by the Ministry of Finance;

Page 17, Schedule (D): State Revenue Sources - The state shall be entitled to raise and collect the taxes and revenues from the sources listed hereunder:
10. Loans and borrowing in accordance with the national macroeconomic policy framework;
Natural resources: Page 8, The State Share in the National Wealth:
8.3. Oil producing state is entitled to two percent (2%) of the oil produced in that state, as specified in the Wealth Sharing Agreement.

Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
21.The development, conservation and management of state natural resources and state forestry resources;

Page 17, Schedule (D): State Revenue Sources - The state shall be entitled to raise and collect the taxes and revenues from the sources listed hereunder: [...]
6. Share of natural resource revenues;
International funds: Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
17. The initiation and negotiation of international and regional agreements on culture, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign non-governmental organizations;
Business: Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
16.Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state;

Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
2. Legal and other professions and their associations; [...]
6. Trade, commerce, industry and industrial development; [...]
10. Manufacturing licenses; [...]
Taxation: Socio-economic reconstruction→Taxation→Power to tax
Page 8, 8. The State Share in the National Wealth:
8.2. The States shall raise and collect taxes and revenues as listed in Schedule (D), annexed herewith.

Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
40.Direct and indirect taxation within the state in order to raise revenue for the state;

Page 17, Schedule (D): State Revenue Sources - The state shall be entitled to raise and collect the taxes and revenues from the sources listed hereunder:
1. State land and property tax and royalties;
2. Service charges for state services;
3. Licenses;
4. State personal income tax;
5. Tourism levies;
6. Share of natural resource revenues;
7. State Government projects;
8. Stamp duties;
9. State agricultural taxes;
10. Loans and borrowing in accordance with the national macroeconomic policy framework;
11. Excise taxes;
12. Border trade charges or levies in accordance with National legislation;

Page 18, Schedule (D): State Revenue Sources - The state shall be entitled to raise and collect the taxes and revenues from the sources listed hereunder:
13. Other state taxes which do not encroach on National taxes; and
14. Grants in Aid and Foreign Aid through the National Government.
Banks: Socio-economic reconstruction→Banks→Personal or commercial banking
Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
8. Banking and insurance;
9. Bankruptcy and insolvency;
Socio-economic reconstruction→Banks→International finance
Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
17. The initiation and negotiation of international and regional agreements on culture, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign non-governmental organizations;

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 11, 9. State Land Commission:
9.1. The regulation of the land tenure, usage and exercise of rights in land shall be a concurrent competency exercised by the National and State Governments.

Page 11, 9. State Land Commission:
9.2. Rights in land owned by the National Government within the State shall be exercised through the appropriate or designated level of government.

Page 11, 9. State Land Commission:
9.3. There shall be established a State Land Commission in the State of Southern Kordofan/Nuba Mountains and Blue Nile, respectively.

Page 11, 9. State Land Commission:
9.4. The State Land Commission shall be composed of persons from the State concerned.

Page 11, 9. State Land Commission:
9.5. The State Land Commission shall exercise all the powers of the National Land Commission at the State level.

Page 11, 9. State Land Commission:
9.7. The National Land Commission and the State Land Commission shall cooperate and coordinate their activities so as to use their resources efficiently. Without limiting the matters of coordination, the National Land Commission and the State Land Commission may agree as follows:
9.7.1. To exchange information and decisions of each Commission;
9.7.2. That certain functions of the National Land Commission, including collection of data and research, may be carried out through the State Land Commission;

Page 12, 9. State Land Commission:
9.8. In case of conflict between the findings and recommendations of the National Land Commission and the State Land Commission which cannot be resolved by agreement, the two Commissions shall reconcile their positions. Failure to reconcile, the matter shall be referred to the Constitutional Court for adjudication.

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
13.The management, lease and utilization of lands belonging to the state;

Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
23.Laws in relation to agriculture within the state;
Land, property and environment→Land reform/rights→Property return and restitution
Page 11, 9. State Land Commission:
9.6. The State Land Commission shall be competent to review existing land leases and contracts and examine the criteria for the present land allocations and recommend to the State authority the introduction of such necessary changes, including restitution of land rights or compensation.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
32.State cultural and heritage sites, state libraries, state museums, and other historical sites;
Land, property and environment→Cultural heritage→Intangible
Page 2, 1. General Principles: [...]
1.2. The diverse cultural heritage and local languages of the population of the State shall be developed and protected;

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
9. Cultural matters within the state;
10.Religious matters, subject to the Interim National Constitution;
Environment: Page 6, 5. The State Executive:
5.9 Police, Prisons, Wildlife and Fire Brigade Officers shall be recruited by the State Service according to the National standards, trained and commissioned nationally and returned to the State for service. The other ranks shall be locally recruited to serve within the State. Recruitment and training regulations shall be designed and standardized by the National Police Service.

Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
21.The development, conservation and management of state natural resources and state forestry resources; [...]
27.Pollution control; [...]
37.State irrigation and embankments;

Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
13. Electricity generation and water and waste management; [...]
15. Environmental management, conservation and protection;
16. Relief, repatriation, resettlement, rehabilitation and reconstruction; [...]
21. Animal and livestock control, animal diseases, pastures and veterinary services;
Water or riparian rights or access: Page 16, Schedule (B): Concurrent Powers - The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below: [...]
13. Electricity generation and water and waste management;

Security sector

Security Guarantees: Page 5, 5. The State Executive:
5.6 There shall be State Security Committee to be chaired by the Governor of the State. The Committee shall include, among others, the Military Commander of the area, his Deputy, the Director of the State Police and Director of the State National Security Branch.

Page 5, 5. The State Executive:
5.7 Without prejudice to the provisions of paragraph 5.6 above, the Governor of the State may demand the transfer of the Director of the National Security Branch from the State.

Page 12, 10. Security Arrangements:
10.1 Without prejudice to the Agreement on the Security Arrangements and the right of Sudan Armed Forces (SAF) Command to deploy forces all over North Sudan as it deems fit, SAF troop levels in Southern Kordofan/Nuba Mountains and Blue Nile during the Interim Period shall be determined by the Presidency.
Ceasefire: No specific mention.
Police: Page 5, 5. The State Executive:
5.6 There shall be State Security Committee to be chaired by the Governor of the State. The Committee shall include, among others, the Military Commander of the area, his Deputy, the Director of the State Police and Director of the State National Security Branch.

Page 6, 5. The State Executive:
5.8 The State Police Service shall adhere to the National standards and regulations as set forth by National Police Service.

Page 6, 5. The State Executive:
5.9 Police, Prisons, Wildlife and Fire Brigade Officers shall be recruited by the State Service according to the National standards, trained and commissioned nationally and returned to the State for service. The other ranks shall be locally recruited to serve within the State. Recruitment and training regulations shall be designed and standardized by the National Police Service.

Page 6, 5. The State Executive:
5.10 Without prejudice to the provisions of paragraph 5.9 above, the National Authority may agree with the State Authority to transfer any number of police officers from the State police to the National Police Service whenever necessary.

Page 6, 5. The State Executive:
5.11 The State Authority may request the National Authority to transfer to the State any number of police officers to fill any vacancies in the State

Page 14, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
2. State Police;

Page 15, Schedule (A) - The Exclusive Executive and Legislative Competencies of the Two States: [...]
19.Enforcement of state laws;
Armed forces: No specific mention.
DDR: Security sector→DDR→Demilitarisation provisions
Page 12, 10. Security Arrangements:
10.1 Without prejudice to the Agreement on the Security Arrangements and the right of Sudan Armed Forces (SAF) Command to deploy forces all over North Sudan as it deems fit, SAF troop levels in Southern Kordofan/Nuba Mountains and Blue Nile during the Interim Period shall be determined by the Presidency.
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: Transitional justice→Reparations→Material reparations
Page 11, 9. State Land Commission:
9.6. The State Land Commission shall be competent to review existing land leases and contracts and examine the criteria for the present land allocations and recommend to the State authority the introduction of such necessary changes, including restitution of land rights or compensation.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: [[An independnet Commission is to be established to assess and evaluate the implrementaiotn of the CPA in each of the two states. It is to submit its reports to the Nationa l Government and the Governments of the two staates who shall use reports to rectify procedures. Joint National Transitional Team to look at funds distribution as set out in Wealth Agreement (8.7). Fiscal and Financial Allocation and Monitoring Comimssion to allocate transfers as in Wealth Agmt (8.8).]]

Page 3, 3. Popular Consultation:
3.3. That the legislatures of the two States shall each establish a Parliamentary Assessment and Evaluation Commission to assess and evaluate the implementation of the agreement in each State. The two Commissions shall submit their reports to the legislatures of the two States by the fourth year of the signing of the comprehensive Peace Agreement.

Page 4, 3. Popular Consultation:
3.4. An independent Commission shall be established by the Presidency to assess and evaluate the implementation of the comprehensive Peace Agreement in each of the two States. The Commission shall submit its reports to the National Government and the Governments of the two States who shall use the reports to rectify any procedure that needs to be rectified to ensure faithful implementation of the Agreement.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.; Unmis.unmissions.org,. 2015. 'United Nations Missions In Sudan (UNMIS)'. http://unmis.unmissions.org/.

PROTOCOL Between THE GOVERNMENT OF SUDAN (GOS) AND THE SUDAN PEOPLE’S LIBERATION MOVEMENT (SPLM) ON THE RESOLUTION OF CONFLICT IN SOUTHERN KORDOFAN/NUBA MOUNTAINS AND BLUE NILE STATES

Naivasha, Kenya, 26TH May, 2004

PREAMBLE:-

RECOGNIZING that the conclusion of the comprehensive peace settlement that the Sudanese people are longing for requires solving the problems in Southern Kordofan/Nuba Mountains(1) and Blue Nile States as a model for solving problems throughout the country;

and

REAFFIRMING that citizenship shall be the basis for equal rights and duties for all Sudanese citizens regardless of their ethnicity or religion;

and

UNDERLINING the importance of recognizing the cultural and social diversity of the Sudan as a source of strength and unity;

and

EMPHASIZING equality, fairness, economic development, social welfare and stability as overarching goals of the Sudanese people in general and the population of the conflict affected areas in particular;

NOW THEREFORE, the Parties hereby agree as follows:-

1. General Principles:

The Parties agree on the following, as the basis for political, administrative, economic and social solution to the conflict in Southern Kordofan/Nuba Mountains and Blue Nile:

1.1. Human rights and fundamental freedoms shall be guaranteed to all individuals in the State as prescribed in the Interim National Constitution;

1.2. The diverse cultural heritage and local languages of the population of the State shall be developed and protected;

1.3. Development of human resources and infrastructure shall be the main goal of the State.

It shall be conducted to meet human needs in accordance with the best-known practices of sustainable development within a transparent and accountable framework.

(1) The name of the State shall be settled before the conclusion of the Peace Agreement by a committee representing the State formed by the two Parties.

2. Definition of the Two Areas:

2.1. The boundaries of Southern Kordofan/Nuba Mountains State shall be the same boundaries of former Southern Kordofan Province when Greater Kordofan was sub-divided into two provinces.

2.2. For the purpose of this Protocol, Blue Nile State shall be understood as referring to the presently existing Blue Nile State.

3. Popular Consultation:

The Government of Sudan and the Sudan People’s Liberation Movement (the Parties), committed to reaching a just, fair and comprehensive peace agreement to end the war in Southern Kordofan/Nuba Mountains and Blue Nile States, agree on the following:-

3.1. Popular consultation is a democratic right and mechanism to ascertain the views of the people of Southern Kordofan/Nuba Mountains and Blue Nile States on the comprehensive agreement reached by the Government of Sudan and the Sudan People’s Liberation Movement.

3.2. That this comprehensive agreement shall be subjected to the will of the people of the two States through their respective democratically elected legislatures.

3.3. That the legislatures of the two States shall each establish a Parliamentary Assessment and Evaluation Commission to assess and evaluate the implementation of the agreement in each State.

The two Commissions shall submit their reports to the legislatures of the two States by the fourth year of the signing of the comprehensive Peace Agreement.

3.4. An independent Commission shall be established by the Presidency to assess and evaluate the implementation of the comprehensive Peace Agreement in each of the two States.

The Commission shall submit its reports to the National Government and the Governments of the two States who shall use the reports to rectify any procedure that needs to be rectified to ensure faithful implementation of the Agreement.

3.5. Once this agreement is endorsed by the people through the legislature of any of the two States as meeting their aspirations, then the agreement becomes the final settlement of the political conflict in that State.

3.6. Should any of the legislatures of the two States, after reviewing the Agreement, decide to rectify, within the framework of the Agreement, any shortcomings in the constitutional, political and administrative arrangements of the Agreement, then such legislature shall engage in negotiations with the National Government with the view of rectifying these shortcomings.

4. Structure of the State Government:

4.1. The State shall have the following structure:-

4.2 The State Executive, which shall comprise of:-

4.2.1 The State Governor;

4.2.2 The State Council of Ministers;

and

4.2.3 Local Governments.

4.3 The State Legislature (SL).

4.4 The State Judiciary.

5. The State Executive:

5.1. The Governor of the State shall be directly elected by the registered voters of the State in a public adult suffrage.

5.2. The Governor shall appoint the ministers and the commissioners of the state in accordance with the State Interim Constitution.

The State Council of Ministers shall be representative.

5.3. The Governor shall, together with the State Council of Ministers, exercise the Executive Powers of the State which shall be in respect of the functional areas listed in Schedules A and B, read together with Schedule C, attached hereto, and in accordance with the State Interim Constitution.

5.4. The State Council of Ministers shall be accountable to the Governor and the State Legislature in the performance of their duties.

5.5. The State shall have commissioners and elected local councils.

The organization and proper functioning of the Local Governments shall be the responsibility of the Government of the State.

5.6 There shall be State Security Committee to be chaired by the Governor of the State.

The Committee shall include, among others, the Military Commander of the area, his Deputy, the Director of the State Police and Director of the State National Security Branch.

5.7 Without prejudice to the provisions of paragraph 5.6 above, the Governor of the State may demand the transfer of the Director of the National Security Branch from the State.

5.8 The State Police Service shall adhere to the National standards and regulations as set forth by National Police Service.

5.9 Police, Prisons, Wildlife and Fire Brigade Officers shall be recruited by the State Service according to the National standards, trained and commissioned nationally and returned to the State for service.

The other ranks shall be locally recruited to serve within the State.

Recruitment and training regulations shall be designed and standardized by the National Police Service.

5.10 Without prejudice to the provisions of paragraph 5.9 above, the National Authority may agree with the State Authority to transfer any number of police officers from the State police to the National Police Service whenever necessary.

5.11 The State Authority may request the National Authority to transfer to the State any number of police officers to fill any vacancies in the State.

6. The State Legislature:

6.1. Members of the State Legislature (SL) shall be elected by the registered voters of the State in accordance with the State Law and in conformity with the general guidelines as set forth by electoral provisions as set forth by the National Electoral Commission.

6.2. The State Legislature shall prepare and adopt the State Constitution, provided that it shall conform to the Interim National Constitution.

6.3. The Governor of the State shall sign any law duly approved by the State Legislature, failing which, after thirty (30) days it shall be deemed to have been signed into law, unless the Governor has submitted the law to the Constitutional Court for a ruling on its constitutionality.

If the Constitutional Court finds the law constitutional, the Governor shall immediately sign such law.

6.4. The State Legislature shall legislate for the state within its legislative powers as stipulated in schedule (A) attached herewith.

6.5. State laws currently applicable in the State shall continue until new legislation is duly enacted by the SL within its competence.

6.6. The State Legislature shall decide its own rules, procedures, and committees, and elect its Speaker and other officers.

6.7. The State Legislature may relieve the Governor of the State of his/her functions by a motion supported by two-thirds of its membership.

6.8. Members of the State Legislature and the State Executive shall have such immunities as are provided by law.

7. The State Courts:

7.1. The structures and powers of the courts of the States shall be subject to the Interim National Constitution.

7.2. The State Constitution shall provide for the establishment of such state courts as are necessary.

7.3. The State Legislature shall provide for the appointment and dismissal of state appointed judges, subject to the State Constitution and the approval of the National Judicial Service Commission.

7.4. The State legislations shall provide for guarantees for the independence and impartiality of the State judiciary and ensures that state judges shall not be subject to political or other interference.

7.5. The state courts shall have civil and criminal jurisdiction in respect of State and National Laws, save that a right of appeal shall lie to the National Courts in respect of matters brought before or heard under National laws.

7.6. The National Legislature shall determine the civil and criminal procedures to be followed in respect of litigation or prosecution under National laws in accordance with the Interim National Constitution.

8. The State Share in the National Wealth:

8.1. The National wealth shall be shared equitably between different levels of Government so as to allow enough resources for each level of Government to exercise its constitutional competencies.

8.2. The States shall raise and collect taxes and revenues as listed in Schedule (D), annexed herewith.

8.3. Oil producing state is entitled to two percent (2%) of the oil produced in that state, as specified in the Wealth Sharing Agreement.

8.4. The state shall be represented in the Fiscal and Financial Allocation and Monitoring Commission, which shall ensure transparency and fairness in regard to allocation of the share due to the state from the Nationally collected revenues and ensure that allocations due to the state are not withheld.

8.5. The general objective of the National Reconstruction and Development Fund (NRDF) is to develop the war affected areas and least developed areas in the Sudan with the aim of bringing these areas to the national average standards and level of development.

8.6. In allocating the funds to the war-affected areas and least developed areas, NRDF shall use the effects of war and level of development as the main criteria.

The Parties agree to allocate seventy-five percent (75%) of the total fund to the war-affected areas, particularly to Southern Kordofan/Nuba Mountains and Blue Nile States, while the remaining balance shall be earmarked to the least developed areas.

8.7. The allocation of funds among the areas affected shall be determined during the Pre-Interim Period by the Joint National Transition Team (JNTT) that shall be established as agreed to in the Wealth Sharing Agreement, within the agreed percentages as in the above paragraph, taking into consideration the actual needs based on the results of Joint Assessment Mission.

8.8. The Fiscal and Financial Allocation and Monitoring Commission (FFAMC), as agreed to in the Wealth Sharing Agreement, shall allocate current transfers to Southern Kordofan/Nuba Mountains, Blue Nile and other waraffected areas and least developed areas according to the following criteria:-

8.8.1.

Population;

8.8.2.

Minimum expenditure responsibilities;

8.8.3.

Human Development Index / Social Indicators (social development factor);

8.8.4.

Geographical area (cost disability factor);

8.8.5.

Fiscal effort (internal revenue effort);

and

8.8.6.

The effect of war factor.

8.9. In addition to the budgetary allocations and the two states’ share in the NRDF, the President shall allocate an amount of money to each of the two states.

8.10 The Parties agree to appeal to the donor community to provide technical assistance to the FFAMC to develop comprehensive equalization criteria.

8.11.

The states shall hold all income and revenue received in audited public accounts and shall comply with the regulations and auditing standards set by the Chamber of the Auditor General, who may audit the state’s accounts.

8.12.

There shall be no impediment to interstate commerce or the flow of goods and services, capital, or labour to and from the state.

8.13 Any debts/liabilities incurred by any level of government shall be the responsibility of that level of government.

8.14 There shall be a fair and equitable division of government assets.

An asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related (e.g., school buildings to the level of government responsible for education).

In the event of a dispute, the Parties agree that such dispute shall be referred to a committee comprising a representative of each of the Parties involved in the dispute and a mutually agreed expert.

8.15 There shall be at the State’s level accounting standards, procedures and fiscal accountability institutions operating in accordance with generally accepted accounting standards and procedures to ensure that funds are distributed according to the agreed Government budget and properly expended having regard to value for money.

9. State Land Commission:

9.1. The regulation of the land tenure, usage and exercise of rights in land shall be a concurrent competency exercised by the National and State Governments.

9.2. Rights in land owned by the National Government within the State shall be exercised through the appropriate or designated level of government.

9.3. There shall be established a State Land Commission in the State of Southern Kordofan/Nuba Mountains and Blue Nile, respectively.

9.4. The State Land Commission shall be composed of persons from the State concerned.

9.5. The State Land Commission shall exercise all the powers of the National Land Commission at the State level.

9.6. The State Land Commission shall be competent to review existing land leases and contracts and examine the criteria for the present land allocations and recommend to the State authority the introduction of such necessary changes, including restitution of land rights or compensation.

9.7. The National Land Commission and the State Land Commission shall cooperate and coordinate their activities so as to use their resources efficiently.

Without limiting the matters of coordination, the National Land Commission and the State Land Commission may agree as follows:-

9.7.1.

To exchange information and decisions of each Commission;

9.7.2.

That certain functions of the National Land Commission, including collection of data and research, may be carried out through the State Land Commission;

and

9.7.3.

On the way in which any conflict between the findings or recommendations of each Commission may be resolved.

9.8. In case of conflict between the findings and recommendations of the National Land Commission and the State Land Commission which cannot be resolved by agreement, the two Commissions shall reconcile their positions.

Failure to reconcile, the matter shall be referred to the Constitutional Court for adjudication.

10. Security Arrangements:

10.1Without prejudice to the Agreement on the Security Arrangements and the right of Sudan Armed Forces (SAF) Command to deploy forces all over North Sudan as it deems fit, SAF troop levels in Southern Kordofan/Nuba Mountains and Blue Nile during the Interim Period shall be determined by the Presidency.

11. Pre-Election Arrangements:

11.1.

As part of pre-election arrangements, the Parties agree on the following:-

11.1.1.

The Executive and Legislature in the two states shall be allocated as follows:-

(a) Fifty-five Percent (55%) to the National Congress Party;

(b) Forty-five Percent (45%) to the SPLM.

11.1.2.

There shall be rotational governorship in the two states with each Party holding the Office of Governor for half of the preelection period in each of the two states.

11.1.3.

No one Party is to hold the Governorship in both states at the same time.

11.1.4.

The office of Deputy Governor is to be allocated to the Party that is not presently occupying the Office of Governor.

11.1.5.

The Parties are to decide upon the signature of the comprehensive Peace Agreement the time and order in which each party assumes the Governorship in each state.

11.2 Pending general elections, and as part of affirmative action, the Parties agree that Southern Kordofan/Nuba Mountains and Blue Nile States shall be adequately represented in National Institutions targeting a percentage not less than the ratio of their population size.

SCHEDULES:

Schedule (A)

The Exclusive Executive and Legislative Competencies of the Two States:-

1. The drafting, adoption and amendment of the Constitution of the state, subject to conformity with the Interim National Constitution;

2. State Police;

3. State Prisons;

4. Local Governments;

5. State information, state publications and state media;

6. Social Welfare, including state pensions;

7. The Civil Service at the state level;

8. The state judiciary and administration of justice at the state level, including maintenance and organization of state courts, subject to national norms and standards of civil and criminal procedure;

9. Cultural matters within the state;

10. Religious matters, subject to the Interim National Constitution;

11. Internal and external borrowing of money on the sole credit of the state within the national macro-economic framework, as set by the Ministry of Finance;

12. The establishment, tenure, appointment, and payment of state civil service officers;

13. The management, lease and utilization of lands belonging to the state;

14. The establishment, maintenance and management of reformatory institutions;

15. The establishment, regulation, and provision of health care, including hospitals and other health institutions;

16. Regulation of businesses, trade licenses, working conditions, hours, and holidays within the state;

17. Local works and undertakings;

18. Registration of marriage, divorce, inheritance, births, deaths, adoption and affiliations;

19. Enforcement of state laws;

20. Statutes enacted under the penal law power, save for the penalization for the breach of National laws relating to the National competencies;

21. The development, conservation and management of state natural resources and state forestry resources;

22. Primary and secondary school and education administration in regard thereto;

23. Laws in relation to agriculture within the state;

24. Airstrips other than international and national airports within civil aviation regulations;

25. Intrastate public transport and roads;

26. Population policy and family planning;

27. Pollution control;

28. State statistics, and state surveys;

29. State referenda, in matters within the state’s competencies;

30. State charities and endowment;

31. Town and rural planning;

32. State cultural and heritage sites, state libraries, state museums, and other historical sites;

33. Traditional and customary law;

34. Recreation and sport within the state;

35. Firearms Licenses;

36. State finances;

37. State irrigation and embankments;

38. State budget;

39. State archives, antiquities, and monuments;

40. Direct and indirect taxation within the state in order to raise revenue for the state;

41. State public utilities;

42. Vehicle licensing;

43. Fire fighting and ambulance services;

44. Flag and Emblem;

and

45. Community empowerment.

Schedule (B): Concurrent Powers

The National and State Governments shall have concurrent Legislative and Executive competencies on any of the matters listed below:-

1. Economic and social development within the state;

2. Legal and other professions and their associations;

3. Tertiary education, educational policy and scientific research;

4. Health policy;

5. Urban development, planning and housing;

6. Trade, commerce, industry and industrial development;

7. Delivery of public services;

8. Banking and insurance;

9. Bankruptcy and insolvency;

10. Manufacturing licenses;

11. Disaster preparedness, management and relief and epidemics;

12. Traffic regulations;

13. Electricity generation and water and waste management;

14. Broadcasting and telecommunications utilities;

15. Environmental management, conservation and protection;

16. Relief, repatriation, resettlement, rehabilitation and reconstruction;

17. The initiation and negotiation of international and regional agreements on culture, trade, investment, credit, loans, grants and technical assistance with foreign governments and foreign non-governmental organizations;

18. Financial and economic policies and planning;

19. Gender policy;

20. Women’s empowerment;

21. Animal and livestock control, animal diseases, pastures and veterinary services;

22. Consumer safety and protection;

23. Women welfare and child protection and care;

24. State courts responsible for enforcing or applying national laws;

and

25. Rehabilitation and care for disabled war veterans, orphans, widows and their dependants.

Schedule (C): Residual Powers

The residual powers shall be exercised in accordance with its nature and as to whether the power pertains to a national matter, requires a national standard or is a matter that cannot be regulated by a single state, in which case it shall be exercised by the National Government.

If the power pertains to a state matter, it shall be exercised by the state.

Schedule (D): State Revenue Sources

The state shall be entitled to raise and collect the taxes and revenues from the sources listed hereunder:-

1. State land and property tax and royalties;

2. Service charges for state services;

3. Licenses;

4. State personal income tax;

5. Tourism levies;

6. Share of natural resource revenues;

7. State Government projects;

8. Stamp duties;

9. State agricultural taxes;

10. Loans and borrowing in accordance with the national macroeconomic policy framework;

11. Excise taxes;

12. Border trade charges or levies in accordance with National legislation;

13. Other state taxes which do not encroach on National taxes;

and

14. Grants in Aid and Foreign Aid through the National Government.