The Protocol between the Government of Sudan and the People's Liberation Movement on the Resolution of the Abyei Conflict

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Country/entity: South Sudan
Sudan
Southern Kordofan - Blue Nile - Abyei
Region: Africa (excl MENA)
Agreement name: The Protocol between the Government of Sudan and the People's Liberation Movement on the Resolution of the Abyei Conflict
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: [Uploaded document has no signatures, so it is difficult to document representation of the Parties, though Page 1 footnote describes US Special Envoy Senator John Danforth; H.E. First Vice President Ali Osman Mohamed Taha, presumably for the Government of Sudan; Dr. John Garang, SPLM/A Chairman] Government of Sudan; Sudan People's Liberation Movement/Army (SPLM/A)
Third parties: [Uploaded document has no signatures, so it is difficult to document Third Parties signatures or status of involvement, though footnote on Page 1 suggests that US Special Envoy Senator John Danforth was involved]
Description: An agreement between the parties that provides the Abyei Area, between North and South Sudan, an Interim Period where it is given special administrative status that includes representation in the legislatures of the states, Kordofan and Bahr el Ghazal, a degree of wealth-sharing on oil revenue, and an established Executive Council, with members initially selected by the Presidency but to eventually be elected by the Abyei residents. At the end of the Interim Period, that concludes with the referendum for southern Sudan, the Abyei residents will partake in a separate referendum to determine whether they retain special administrative status in the north, or become a part of Bahr el Ghazal in the south. The agreement includes details on the Interim Period, the administrative structure, financial resources, public participation, a commission for the demarcation of boundaries, security arrangements, and a commission for the future referendum.

Agreement document: 040526 Protocol btwn Sudan and SPLM on Abyei Conflict.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 6, 3. Financial Resources
3.3 There shall be established, under the Executive Council, Abyei Resettlement, Construction and Development Fund to handle relief, repatriation, resettlement, reintegration, rehabilitation and reconstruction programmes in the Area. The Fund may establish specialized agencies.

Page 6, 3. Financial Resources
3.4 The National Government shall appeal to the international and donor community to facilitate the return and resettlement of the residents of Abyei Area.
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): Page 4, 2. Administrative Structure:
2.3 The administration of the Abyei Area shall be representative and inclusive of all the residents of the area.
State configuration: Page 2, 1.2. Interim Period
Upon signing the peace agreement, Abyei will be accorded special administrative status, in which:
1.2.1 Residents of Abyei will be citizens of both Western Kordofan and Bahr el Ghazal, with representation in the legislatures of both states;

Page 3, 1.3. End of Interim Period:
Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot. The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.

Page 3, 2. Administrative Structure:
2.1 Upon signing the Peace Agreement, Abyei Area shall be accorded special administrative status under the institution of the Presidency.
Self determination: No specific mention.
Referendum: Page 3, 1.3. End of Interim Period:
Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot. The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.

Page 7, 6. Residents of the Area:
6.1 The residents of Abyei Area shall be:
(a) The Members of Ngok Dinka community and other Sudanese residing in the area;
(b) The criteria of residence shall be worked out by the Abyei Referendum Commission.

Page 8, 8. Abyei Referendum Commission
8.1 There shall be established by the Presidency an Abyei Referendum Commission to conduct Abyei referendum simultaneously with the referendum of Southern Sudan. The
composition of the Commission shall be determined by the Presidency.

Page 8, 8. Abyei Referendum Commission
8.2 The residents of Abyei shall cast a separate ballot. The proposition voted on in the separate ballot shall present residents of Abyei with the following choices; irrespective of the results of the Southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.

Page 9, 8. Abyei Referendum Commission
8.3 The January 1, 1956 line between north and south shall be inviolate, except as agreed above.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 2, 1. Principles of Agreement on Abyei, 1.1. In General
1.1.2 The territory is defined as the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905;

Page 3, 1.3. End of Interim Period
1.4 The January 1, 1956 line between north and south will be inviolate, except as agreed above.

Page 7, 5. Determination of Geographic Boundaries:
5.1 There shall be established by the Presidency, Abyei Boundaries Commission (ABC) to define and demarcate the area of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area.

Page 7, 5. Determination of Geographic Boundaries:
5.2 The composition and timeframe of the Abyei Boundaries Commission (ABC) shall be determined by the Presidency. However, the Commission shall include, inter alia, experts, representatives of the local communities and the local administration. The Commission shall finish its work within the first two years of the Interim Period.

Page 7, 5. Determination of Geographic Boundaries:
5.3 The Abyei Boundaries Commission (ABC) shall present its final report to the Presidency as soon as it is ready. Upon presentation of the final report, the Presidency shall take necessary action to put the special administrative status of Abyei Area into immediate effect.

Page 9, 8. Abyei Referendum Commission
8.3 The January 1, 1956 line between north and south shall be inviolate, except as agreed above.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 3, 2. Administrative Structure:
2.1 Upon signing the Peace Agreement, Abyei Area shall be accorded special administrative status under the institution of the Presidency.

Page 3, 2. Administrative Structure:
2.2 Abyei area shall be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members shall be appointed by the Presidency.

Page 4, 2. Administrative Structure:
2.3 The administration of the Abyei Area shall be representative and inclusive of all the residents of the area.

Page 4, 2. Administrative Structure:
2.4 The Executive Council shall be composed of the Chief Administrator, his/her Deputy and not more than five heads of departments. Prior to elections, the Chief Administrator and his/her Deputy shall be appointed by the Presidency. The Chief Administrator shall make recommendations to the Presidency regarding the appointments of the heads of departments.

Page 4, 2. Administrative Structure:
2.5 The Executive Council, in exercise of its executive powers, shall:
2.5.1 render necessary services;
2.5.2 supervise and promote security and stability in the area;
2.5.3 Propose development and urbanization projects for the area to both the Abyei Area Council and to the Presidency;
2.5.4 Present to the National Government proposals regarding the provision of assistance to improve the lives of the peoples of Abyei, including urbanization and development;

Page 4, 2. Administrative Structure:
2.6 The Presidency, upon the recommendation of the Executive Council, shall determine the executive, legislative and financial powers and competencies of the special status of Abyei Area, having regard to this protocol, other protocols, agreements, and the Comprehensive Peace Agreement.

Page 5, 3. Financial Resources
3.2 In addition to the above financial resources, Abyei Area shall be entitled to: [...]
3.2.5 Allocations from the National Government to cover the cost of establishment of the new administration, its running and provision of services;

Page 6, 3. Financial Resources
3.5 The financial resources due to Abyei Area as provided in section 3 herein shall be deposited in special accounts, acceptable to the Presidency, from which the administration of the Area shall make withdrawals.

Page 6, 4. Public Participation
4.1 There shall be established Abyei Area Council comprised of not more than twenty members.

Page 6, 4. Public Participation
4.2 Prior to elections, the Presidency shall appoint the members of the Abyei Area Council.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 2, 1.2. Interim Period
Upon signing the peace agreement, Abyei will be accorded special administrative status, in which:
1.2.1 Residents of Abyei will be citizens of both Western Kordofan and Bahr el Ghazal, with representation in the legislatures of both states;

Page 2, 1.2. Interim Period
1.2.2 Abyei will be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members will be appointed by the Presidency;

Page 3, 1.3. End of Interim Period:
Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot. The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.
Elections: Page 2, 1.2. Interim Period
1.2.2 Abyei will be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members will be appointed by the Presidency;

Page 3, 2. Administrative Structure:
2.2 Abyei area shall be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members shall be appointed by the Presidency.

Page 4, 2. Administrative Structure:
2.4 The Executive Council shall be composed of the Chief Administrator, his/her Deputy and not more than five heads of departments. Prior to elections, the Chief Administrator and his/her Deputy shall be appointed by the Presidency. The Chief Administrator shall make recommendations to the Presidency regarding the appointments of the heads of departments.

Page 6, 4. Public Participation
4.2 Prior to elections, the Presidency shall appoint the members of the Abyei Area Council.

Page 7, 6. Residents of the Area:
6.2 Residents of Abyei shall be citizens of both Western Kordofan and Bahr el Ghazal with representation in the legislatures of both States as determined by the National Electoral Commission. However, prior to elections, the Presidency shall determine such representation.
Electoral commission: Page 7, 6. Residents of the Area:
6.2 Residents of Abyei shall be citizens of both Western Kordofan and Bahr el Ghazal with representation in the legislatures of both States as determined by the National Electoral Commission. However, prior to elections, the Presidency shall determine such representation.
Political parties reform: No specific mention.
Civil society: Page 4, 2. Administrative Structure:
2.3 The administration of the Abyei Area shall be representative and inclusive of all the residents of the area.

Page 6, 4. Public Participation
4.1 There shall be established Abyei Area Council comprised of not more than twenty members.

Page 7, 5. Determination of Geographic Boundaries:
5.2 The composition and timeframe of the Abyei Boundaries Commission (ABC) shall be determined by the Presidency. However, the Commission shall include, inter alia, experts, representatives of the local communities and the local administration. The Commission shall finish its work within the first two years of the Interim Period.
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, 1.2. Interim Period
Upon signing the peace agreement, Abyei will be accorded special administrative status, in which:
1.2.1 Residents of Abyei will be citizens of both Western Kordofan and Bahr el Ghazal, with representation in the legislatures of both states;

Page 2, 1.2. Interim Period
1.2.2 Abyei will be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members will be appointed by the Presidency;

Page 3, 1.3. End of Interim Period:
Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot. The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.
Power sharing→Political power sharing→Executive coalition
Sub-state level
Page 4, 2. Administrative Structure:
2.3 The administration of the Abyei Area shall be representative and inclusive of all the residents of the area.

Page 4, 2. Administrative Structure:
2.4 The Executive Council shall be composed of the Chief Administrator, his/her Deputy and not more than five heads of departments. Prior to elections, the Chief Administrator and his/her Deputy shall be appointed by the Presidency. The Chief Administrator shall make recommendations to the Presidency regarding the appointments of the heads of departments.

Page 4, 2. Administrative Structure:
2.6 The Presidency, upon the recommendation of the Executive Council, shall determine the executive, legislative and financial powers and competencies of the special status of Abyei Area, having regard to this protocol, other protocols, agreements, and the Comprehensive Peace Agreement.
Power sharing→Political power sharing→Proportionality in legislature
Sub-state level
Page 2, 1.2. Interim Period
Upon signing the peace agreement, Abyei will be accorded special administrative status, in which: 1.2.1 Residents of Abyei will be citizens of both Western Kordofan and Bahr el Ghazal, with representation in the legislatures of both states;

Page 7, 6. Residents of the Area:
6.2 Residents of Abyei shall be citizens of both Western Kordofan and Bahr el Ghazal with representation in the legislatures of both States as determined by the National Electoral Commission. However, prior to elections, the Presidency shall determine such representation.
Territorial power sharing: Power sharing→Territorial power sharing→Local/municipal government
Page 2, 1.2. Interim Period
1.2.2 Abyei will be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members will be appointed by the Presidency;

Page 3, 2. Administrative Structure:
2.2 Abyei area shall be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members shall be appointed by the Presidency.

Page 4, 2. Administrative Structure:
2.3 The administration of the Abyei Area shall be representative and inclusive of all the residents of the area.
Power sharing→Territorial power sharing→Autonomous regions
Page 2, 1.2. Interim Period
Upon signing the peace agreement, Abyei will be accorded special administrative status, in which: 1.2.1 Residents of Abyei will be citizens of both Western Kordofan and Bahr el Ghazal, with representation in the legislatures of both states;

Page 2, 1.2. Interim Period
1.2.2 Abyei will be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members will be appointed by the Presidency;

Page 3, 1.3. End of Interim Period:
Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot. The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.

Page 3, 2. Administrative Structure:
2.1 Upon signing the Peace Agreement, Abyei Area shall be accorded special administrative status under the institution of the Presidency.

Page 3, 2. Administrative Structure:
2.2 Abyei area shall be administered by a local Executive Council, elected by the residents of Abyei. Pending the election of the Executive Council, its initial members shall be appointed by the Presidency.

Page 4, 2. Administrative Structure:
2.3 The administration of the Abyei Area shall be representative and inclusive of all the residents of the area.

Page 4, 2. Administrative Structure:
2.4 The Executive Council shall be composed of the Chief Administrator, his/her Deputy and not more than five heads of departments. Prior to elections, the Chief Administrator and his/her Deputy shall be appointed by the Presidency. The Chief Administrator shall make recommendations to the Presidency regarding the appointments of the heads of departments.

Page 4, 2. Administrative Structure:
2.6 The Presidency, upon the recommendation of the Executive Council, shall determine the executive, legislative and financial powers and competencies of the special status of Abyei Area, having regard to this protocol, other protocols, agreements, and the Comprehensive Peace Agreement.

Page 7, 5. Determination of Geographic Boundaries:
5.2 The composition and timeframe of the Abyei Boundaries Commission (ABC) shall be determined by the Presidency. However, the Commission shall include, inter alia, experts, representatives of the local communities and the local administration. The Commission shall finish its work within the first two years of the Interim Period.

Page 7, 5. Determination of Geographic Boundaries:
5.3 The Abyei Boundaries Commission (ABC) shall present its final report to the Presidency as soon as it is ready. Upon presentation of the final report, the Presidency shall take necessary action to put the special administrative status of Abyei Area into immediate effect.

Page 7, 6. Residents of the Area:
6.2 Residents of Abyei shall be citizens of both Western Kordofan and Bahr el Ghazal with representation in the legislatures of both States as determined by the National Electoral Commission. However, prior to elections, the Presidency shall determine such representation.

Page 8, 8. Abyei Referendum Commission
8.2 The residents of Abyei shall cast a separate ballot. The proposition voted on in the separate ballot shall present residents of Abyei with the following choices; irrespective of the results of the Southern referendum:
a. That Abyei retain its special administrative status in the north;
b. That Abyei be part of Bahr el Ghazal.
Economic power sharing: Power sharing→Economic power sharing→Sharing of resources
Page 2, 1.2. Interim Period
1.2.3 Net oil revenues from Abyei will be divided six ways during the Interim Period: the National Government
(50 percent); the Government of Southern Sudan (42 percent); Bahr el Ghazal region (2 percent); Western Kordofan (2 percent); locally with the Ngok Dinka (2 percent); and locally with the Misseriya people (2 percent);

Page 5, 3. Financial Resources
3.1 Without prejudice to the provisions of the Wealth Sharing Agreement, the net-oil revenue from the oil produced in Abyei Area shall be shared during the Interim Period as follows:
3.1.1 Fifty Percent (50%) to the National Government;
3.1.2 Forty Two Percent (42%) to the Government of Southern Sudan;
3.1.3 Two Percent (2%) to Bahr el Ghazal Region;
3.1.4 Two Percent (2%) to Western Kordofan;
3.1.5 Two Percent (2%) locally with the Ngok Dinka;
3.1.6 Two Percent (2%) locally with the Misseriya people.

Page 5, 3. Financial Resources
3.2 In addition to the above financial resources, Abyei Area shall be entitled to:
3.2.1 The area share of the national revenue as per the Wealth Sharing Agreement;
3.2.2 The revenues raised in the Abyei Area from Income Tax and other taxes and levies;
3.2.3 The share of the Area in the National Reconstruction and Development Fund;
3.2.4 An equitable share of Southern Sudan Development and Reconstruction Fund;
3.2.5 Allocations from the National Government to cover the cost of establishment of the new administration, its running and provision of services;
3.2.6 Donations and grants.

Page 6, 3. Financial Resources
3.5 The financial resources due to Abyei Area as provided in section 3 herein shall be deposited in special accounts, acceptable to the Presidency, from which the administration of the Area shall make withdrawals.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 8, 7. Security Arrangements:
7.2 Without prejudice to the Agreement on Security Arrangements, the two Parties shall, through the Interim Period form and deploy one joint battalion in the Area.
Power sharing→Military power sharing→Joint command structures
Page 8, 7. Security Arrangements:
7.1 There shall be established Abyei Area Security Committee, chaired by the Chief Administrator, and shall comprise of the Deputy Chief Administrator, the Army Commander, the Police Chief, and the representative of the Security Organ.

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: No specific mention.
Protection measures: No specific mention.
Other: Page 2, 1. Principles of Agreement on Abyei, 1.1. In General
1.1.3 The Misseriya and other nomadic peoples retain their traditional rights to graze cattle and move across the territory of Abyei.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 5, 2. Administrative Structure:
2.7 In view of the special status of Abyei Area, the Presidency shall apply to the Judiciary to establish courts for Abyei Area as deemed appropriate.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 3, 1.2. Interim Period
1.2.4 The National Government will provide Abyei with assistance to improve the lives of the peoples of Abyei, including urbanization and development projects;

Page 4, 2. Administrative Structure:
2.5 The Executive Council, in exercise of its executive powers, shall: [...]
2.5.3 Propose development and urbanization projects for the area to both the Abyei Area Council and to the Presidency;
2.5.4 Present to the National Government proposals regarding the provision of assistance to improve the lives of the peoples of Abyei, including urbanization and development;

Page 5, 3. Financial Resources
3.2 In addition to the above financial resources, Abyei Area shall be entitled to:
3.2.1 The area share of the national revenue as per the Wealth Sharing Agreement;
3.2.2 The revenues raised in the Abyei Area from Income Tax and other taxes and levies;
3.2.3 The share of the Area in the National Reconstruction and Development Fund;
3.2.4 An equitable share of Southern Sudan Development and Reconstruction Fund;
3.2.5 Allocations from the National Government to cover the cost of establishment of the new administration, its running and provision of services;

Page 6, 3. Financial Resources
3.3 There shall be established, under the Executive Council, Abyei Resettlement, Construction and Development Fund to handle relief, repatriation, resettlement, reintegration, rehabilitation and reconstruction programmes in the Area. The Fund may establish specialized agencies.

Page 6, 4. Public Participation
4.3 The Abyei Area Council shall: [...]
4.3.3 Adopt reconstruction, development and urbanization plans for the Area;
Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
Page 6, 3. Financial Resources
3.3 There shall be established, under the Executive Council, Abyei Resettlement, Construction and Development Fund to handle relief, repatriation, resettlement, reintegration, rehabilitation and reconstruction programmes in the Area. The Fund may establish specialized agencies.

Page 6, 4. Public Participation
4.3 The Abyei Area Council shall: [...]
4.3.3 Adopt reconstruction, development and urbanization plans for the Area;
National economic plan: Page 5, 3. Financial Resources
3.2 In addition to the above financial resources, Abyei Area shall be entitled to:
3.2.1 The area share of the national revenue as per the Wealth Sharing Agreement; [...]
3.2.3 The share of the Area in the National Reconstruction and Development Fund;
Natural resources: Page 2, 1.2. Interim Period
1.2.3 Net oil revenues from Abyei will be divided six ways during the Interim Period: the National Government (50 percent); the Government of Southern Sudan (42 percent); Bahr el Ghazal region (2 percent); Western Kordofan (2 percent); locally with the Ngok Dinka (2 percent); and locally with the Misseriya people (2 percent);

Page 5, 3. Financial Resources
3.1 Without prejudice to the provisions of the Wealth Sharing Agreement, the net-oil revenue from the oil produced in Abyei Area shall be shared during the Interim Period as follows:
3.1.1 Fifty Percent (50%) to the National Government;
3.1.2 Forty Two Percent (42%) to the Government of Southern Sudan;
3.1.3 Two Percent (2%) to Bahr el Ghazal Region;
3.1.4 Two Percent (2%) to Western Kordofan;
3.1.5 Two Percent (2%) locally with the Ngok Dinka;
3.1.6 Two Percent (2%) locally with the Misseriya people.
International funds: Page 6, 3. Financial Resources
3.4 The National Government shall appeal to the international and donor community to facilitate the return and resettlement of the residents of Abyei Area.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Power to tax
Page 5, 3. Financial Resources
3.2 In addition to the above financial resources, Abyei Area shall be entitled to: [...]
3.2.2 The revenues raised in the Abyei Area from Income Tax and other taxes and levies;
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: Page 2, 1. Principles of Agreement on Abyei, 1.1. In General
1.1.3 The Misseriya and other nomadic peoples retain their traditional rights to graze cattle and move across the territory of Abyei.
Cultural heritage: Land, property and environment→Cultural heritage→Promotion
Page 6, 4. Public Participation
4.3 The Abyei Area Council shall:
4.3.1 Issue local enactments within the powers of local government and on customary matters;
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 8, 7. Security Arrangements:
7.1 There shall be established Abyei Area Security Committee, chaired by the Chief Administrator, and shall comprise of the Deputy Chief Administrator, the Army Commander, the Police Chief, and the representative of the Security Organ.

Page 8, 7. Security Arrangements:
7.2 Without prejudice to the Agreement on Security Arrangements, the two Parties shall, through the Interim Period form and deploy one joint battalion in the Area.

Page 8, 7. Security Arrangements:
7.4 International monitors shall be deployed to Abyei to ensure full implementation of these Agreements.
Ceasefire: Security sector→Ceasefire→Ceasefire provision
Page 8, 7. Security Arrangements:
7.3 International monitors, as shall be agreed in the comprehensive Cease-fire Agreement shall also be deployed in the Area through the Interim Period.
Police: Page 8, 7. Security Arrangements:
7.1 There shall be established Abyei Area Security Committee, chaired by the Chief Administrator, and shall comprise of the Deputy Chief Administrator, the Army Commander, the Police Chief, and the representative of the Security Organ.
Armed forces: No specific mention.
DDR: Security sector→DDR→DDR programmes
Page 6, 3. Financial Resources
3.3 There shall be established, under the Executive Council, Abyei Resettlement, Construction and Development Fund to handle relief, repatriation, resettlement, reintegration, rehabilitation and reconstruction programmes in the Area. The Fund may establish specialized agencies.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 6, 4. Public Participation
4.3 The Abyei Area Council shall: [...]
4.3.5 Participate in the promotion of reconciliation efforts in the Area.

Page 9, 9. Reconciliation Process
Upon signing the Comprehensive Peace Agreement, the Presidency shall, as a matter of urgency, start peace and reconciliation process for Abyei that shall work for harmony and peaceful co-existence in the Area.

Implementation

UN signatory: No specific mention.
Other international signatory: [Uploaded document has no signatures, so it is difficult to document International Signatures, though footnote on Page 1 suggests that US Special Envoy Senator John Danforth was involved in the agreement]
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 3, 1.2. Interim Period
1.2.5 International monitors will be deployed to Abyei to ensure full implementation of these agreements.

Page 8, 7. Security Arrangements:
7.4 International monitors shall be deployed to Abyei to ensure full implementation of these Agreements.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

PROTOCOL Between THE GOVERNMENT OF THE SUDAN (GOS) And THE SUDAN PEOPLE’S LIBERATION MOVEMENT/ARMY (SPLM/A) On THE RESOLUTION OF ABYEI CONFLICT

Naivasha, Kenya May 26th, 2004

1. PRINCIPLES OF AGREEMENT ON ABYEI∗

1.1 In General

1.1.1 Abyei is a bridge between the north and the south, linking the people of Sudan;

1.1.2 The territory is defined as the area of the nine Ngok Dinka chiefdoms transferred to Kordofan in 1905;

1.1.3 The Misseriya and other nomadic peoples retain their traditional rights to graze cattle and move across the territory of Abyei.

1.2 Interim Period:

Upon signing the peace agreement, Abyei will be accorded special administrative status, in which:

1.2.1 Residents of Abyei will be citizens of both Western Kordofan and Bahr el Ghazal, with representation in the legislatures of both states;

1.2.2 Abyei will be administered by a local Executive Council, elected by the residents of Abyei.

Pending the election of the Executive Council, its initial members will be appointed by the Presidency;

1.2.3 Net oil revenues from Abyei will be divided six ways during the Interim Period:

the National Government (50 percent);

the Government of Southern Sudan (42 percent);

Bahr el Ghazal region (2 percent);

Western Kordofan (2 percent);

locally with the Ngok Dinka (2 percent);

and locally with the Misseriya people (2 percent);

∗ This is the full text of the proposal entitled “Principles of Agreement on Abyei,” presented by US Special Envoy Senator John Danforth to H.E. First Vice President Ali Osman Mohamed Taha and SPLM/A Chairman Dr. John Garang on the 19th March, 2004.

The Parties hereby declare to adopt these Principles as the basis for the resolution of Abyei Conflict.

1.2.4 The National Government will provide Abyei with assistance to improve the lives of the peoples of Abyei, including urbanization and development projects;

1.2.5 International monitors will be deployed to Abyei to ensure full implementation of these agreements.

1.3 End of Interim Period:

Simultaneously with the referendum for southern Sudan, the residents of Abyei will cast a separate ballot.

The proposition voted on in the separate ballot will present the residents of Abyei with the following choices, irrespective of the results of the southern referendum:

a. That Abyei retain its special administrative status in the north;

b. That Abyei be part of Bahr el Ghazal.

1.4 The January 1, 1956 line between north and south will be inviolate, except as agreed above.

2. ADMINISTRATIVE STRUCTURE:

2.1 Upon signing the Peace Agreement, Abyei Area shall be accorded special administrative status under the institution of the Presidency.

2.2 Abyei area shall be administered by a local Executive Council, elected by the residents of Abyei.

Pending the election of the Executive Council, its initial members shall be appointed by the Presidency.

2.3 The administration of the Abyei Area shall be representative and inclusive of all the residents of the area.

2.4 The Executive Council shall be composed of the Chief Administrator, his/her Deputy and not more than five heads of departments.

Prior to elections, the Chief Administrator and his/her Deputy shall be appointed by the Presidency.

The Chief Administrator shall make recommendations to the Presidency regarding the appointments of the heads of departments.

2.5 The Executive Council, in exercise of its executive powers, shall:

2.5.1 render necessary services;

2.5.2 supervise and promote security and stability in the area;

2.5.3 Propose development and urbanization projects for the area to both the Abyei Area Council and to the Presidency;

2.5.4 Present to the National Government proposals regarding the provision of assistance to improve the lives of the peoples of Abyei, including urbanization and development;

2.6 The Presidency, upon the recommendation of the Executive Council, shall determine the executive, legislative and financial powers and competencies of the special status of Abyei Area, having regard to this protocol, other protocols, agreements, and the Comprehensive Peace Agreement.

2.7 In view of the special status of Abyei Area, the Presidency shall apply to the Judiciary to establish courts for Abyei Area as deemed appropriate.

3. FINANCIAL RESOURCES:

3.1 Without prejudice to the provisions of the Wealth Sharing Agreement, the net-oil revenue from the oil produced in Abyei

Area shall be shared during the Interim Period as follows:

3.1.1 Fifty Percent (50%) to the National Government;

3.1.2 Forty Two Percent (42%) to the Government of Southern Sudan;

3.1.3 Two Percent (2%) to Bahr el Ghazal Region;

3.1.4 Two Percent (2%) to Western Kordofan;

3.1.5 Two Percent (2%) locally with the Ngok Dinka;

3.1.6 Two Percent (2%) locally with the Misseriya people.

3.2 In addition to the above financial resources, Abyei Area shall be entitled to:

3.2.1 The area share of the national revenue as per the Wealth Sharing Agreement;

3.2.2 The revenues raised in the Abyei Area from Income Tax and other taxes and levies;

3.2.3 The share of the Area in the National Reconstruction and Development Fund;

3.2.4 An equitable share of Southern Sudan Development and Reconstruction Fund;

3.2.5 Allocations from the National Government to cover the cost of establishment of the new administration, its running and provision of services;

3.2.6 Donations and grants.

3.3 There shall be established, under the Executive Council, Abyei Resettlement, Construction and Development Fund to handle relief, repatriation, resettlement, reintegration, rehabilitation and reconstruction programmes in the Area.

The Fund may establish specialized agencies.

3.4 The National Government shall appeal to the international and donor community to facilitate the return and resettlement of the residents of Abyei Area.

3.5 The financial resources due to Abyei Area as provided in section 3 herein shall be deposited in special accounts, acceptable to the Presidency, from which the administration of the Area shall make withdrawals.

4. PUBLIC PARTICIPATION:

4.1 There shall be established Abyei Area Council comprised of not more than twenty members.

4.2 Prior to elections, the Presidency shall appoint the members of the Abyei Area Council.

4.3 The Abyei Area Council shall:

4.3.1 Issue local enactments within the powers of local government and on customary matters;

4.3.2 Approve the budget of the Area;

4.3.3 Adopt reconstruction, development and urbanization plans for the Area;

4.3.4 If necessary, recommend to the Presidency the relief of the Chief Administrator or his/her Deputy;

4.3.5 Participate in the promotion of reconciliation efforts in the Area.

5. DETERMINATION OF GEOGRAPHIC BOUNDARIES:

5.1 There shall be established by the Presidency, Abyei Boundaries Commission (ABC) to define and demarcate the area of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area.

5.2 The composition and timeframe of the Abyei Boundaries Commission (ABC) shall be determined by the Presidency.

However, the Commission shall include, inter alia, experts, representatives of the local communities and the local administration.

The Commission shall finish its work within the first two years of the Interim Period.

5.3 The Abyei Boundaries Commission (ABC) shall present its final report to the Presidency as soon as it is ready.

Upon presentation of the final report, the Presidency shall take necessary action to put the special administrative status of Abyei Area into immediate effect.

6. RESIDENTS OF THE AREA:

6.1 The residents of Abyei Area shall be:

(a) The Members of Ngok Dinka community and other Sudanese residing in the area;

(b) The criteria of residence shall be worked out by the Abyei Referendum Commission.

6.2 Residents of Abyei shall be citizens of both Western Kordofan and Bahr el Ghazal with representation in the legislatures of both States as determined by the National Electoral Commission.

However, prior to elections, the Presidency shall determine such representation.

7. SECURITY ARRANGEMENTS:

7.1 There shall be established Abyei Area Security Committee, chaired by the Chief Administrator, and shall comprise of the Deputy Chief Administrator, the Army Commander, the Police Chief, and the representative of the Security Organ.

7.2 Without prejudice to the Agreement on Security Arrangements, the two Parties shall, through the Interim Period form and

deploy one joint battalion in the Area.

7.3 International monitors, as shall be agreed in the comprehensive Cease-fire Agreement shall also be deployed in the Area

through the Interim Period.

7.4 International monitors shall be deployed to Abyei to ensure full implementation of these Agreements.

8. ABYEI REFERENDUM COMMISSION

8.1 There shall be established by the Presidency an Abyei Referendum Commission to conduct Abyei referendum simultaneously with the referendum of Southern Sudan.

The composition of the Commission shall be determined by the Presidency.

8.2 The residents of Abyei shall cast a separate ballot.

The proposition voted on in the separate ballot shall present residents of Abyei with the following choices;

irrespective of the results of the Southern referendum:

a. That Abyei retain its special administrative status in the north;

b. That Abyei be part of Bahr el Ghazal.

8.3 The January 1, 1956 line between north and south shall be inviolate, except as agreed above.

9. RECONCILIATION PROCESS

Upon signing the Comprehensive Peace Agreement, the Presidency shall, as a matter of urgency, start peace and reconciliation process for Abyei that shall work for harmony and peaceful co-existence in the Area.