Roadmap for Return of IDPs and Implementation of Abyei Protocol

Country/entity
South Sudan
Sudan
Southern Kordofan - Blue Nile - Abyei
Region
Africa (excl MENA)
Agreement name
Roadmap for Return of IDPs and Implementation of Abyei Protocol
Date
8 Jun 2008
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Implementation/renegotiation
Conflict nature
Government/territory
Peace process
Kordofan - Blue Nile - Abyei process
Parties
Signed by: Mr. Dirdeiry Mohamed Ahmed, National Congress Party; Mr. Deng Alor Kuol, Sudan People's Liberation Movement
Third parties
Endorsed by the Presidency: Vice President of the Republic; Vice President of the Republic; First Vice President of the Republic; President of the Republic of the Sudan
Description
An Agreement by the presidents on the implementation of the Abyei Protocol, including security arrangements, return of IDPs, interim arrangements for Abyei Administration, and arrangements on the arbitration of Abyei boundaries, in accordance with the findings of the Abyei Boundaries Commission.


Groups

Children/youth

No specific mention.

Disabled persons

No specific mention.

Elderly/age

No specific mention.

Migrant workers

No specific mention.

Racial/ethnic/national group

No specific mention.

Religious groups

No specific mention.

Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons
Groups→Refugees/displaced persons→Rhetorical
Page 2, 2. Return of IDPs:
2.1. The civil population shall return to their former homesteads on completion of the above mentioned security arrangements [See Security Sector], which are expected to finish before the end of June 2008.
2.2. The GoNU shall take all arrangements for availing the resources for the return programme of the civil population and with the involvement of the relevant international agencies and organizations, which shall be implemented through the Abyei Area Administration.
Social class

No specific mention.


Gender

Women, girls and gender

No specific mention.

Men and boys

No specific mention.

LGBTI

No specific mention.

Family

No specific mention.


State definition

Nature of state (general)

No specific mention.

State configuration
Page 2, 3. Interim Arrangements for Abyei Administration:
Without prejudice to the outcome of arbitration as per the provisions of section 4 below, the Parties agree on the following:
3.1. The Presidency shall set up Abyei Area Administration as per the provisions of the CPA within two weeks from the date of the adoption of these resolutions.

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

No specific mention.

Referendum

No specific mention.

State symbols

No specific mention.

Independence/secession

No specific mention.

Accession/unification

No specific mention.

Border delimitation
Page 2, 3. Interim Arrangements for Abyei Administration:
Without prejudice to the outcome of arbitration as per the provisions of section 4 below, the Parties agree on the following:
3.2. The interim boundaries of the administration of Abyei Area shall be as per the attached the attached map. [No map included in uploaded document]

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

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

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

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

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

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

No specific mention.


Governance

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

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

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

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

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

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

No specific mention.

Electoral commission

No specific mention.

Political parties reform

No specific mention.

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

No specific mention.

Public administration

No specific mention.

Constitution

No specific mention.


Power sharing

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Human rights and equality

Human rights/RoL general

No specific mention.

Bill of rights/similar

No specific mention.

Treaty incorporation

No specific mention.

Civil and political rights

No specific mention.

Socio-economic rights

No specific mention.


Rights related issues

Citizenship

No specific mention.

Democracy

No specific mention.

Detention procedures

No specific mention.

Media and communication

No specific mention.

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

No specific mention.

Other

No specific mention.


Rights institutions

NHRI

No specific mention.

Regional or international human rights institutions

No specific mention.


Justice sector reform

Criminal justice and emergency law

No specific mention.

State of emergency provisions

No specific mention.

Judiciary and courts

No specific mention.

Prisons and detention

No specific mention.

Traditional Laws

No specific mention.


Socio-economic reconstruction

Development or socio-economic reconstruction

No specific mention.

National economic plan

No specific mention.

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

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

No specific mention.

Business

No specific mention.

Taxation

No specific mention.

Banks

No specific mention.


Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment

No specific mention.

Water or riparian rights or access

No specific mention.


Security sector

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

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

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

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

No specific mention.

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

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

No specific mention.

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

No specific mention.

Parastatal/rebel and opposition group forces
Page 1, 1. Security Arrangements
1.4. With the deployment of the new JIU battalion and police force in the area and resumption of their duties, SAF and SPLA troops shall be redeployed beyond the Abyei administrative area as per the attached map. [Map not included]
Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime

No specific mention.

Drugs

No specific mention.

Terrorism

No specific mention.


Transitional justice

Transitional justice general

No specific mention.

Amnesty/pardon

No specific mention.

Courts

No specific mention.

Mechanism

No specific mention.

Prisoner release

No specific mention.

Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations

No specific mention.

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

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

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

Implementation

UN signatory

No specific mention.

Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

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

No specific mention.

Related cases

No specific mention.

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

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

1. Security Arrangements:

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

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

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

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

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

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

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

1 .5.

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

2. Return of IDPs:

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

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

3. Interim Arrangements for Abyei Administration:

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

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

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

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

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

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

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

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

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

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

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

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

4. Arrangements for Final Settlement:

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

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

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

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

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

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

applicable international practices.

Signed by:

Mr. Dirdeiry Mohamed Ahmed

National Congress Party

Khartoum, 8th June 2008

Mr. Deng Aler Kuol

Sudan People's liberation Movement,

Khartoum, 8th June 2008

Endorsed by the Presidency:

Vice President of the Republic First Vice President of the Republic

President of the Republic of the Sudan