Framework Agreement to Facilitate Payment of Post Service benefits between Sudan and South Sudan

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Country/entity: South Sudan
Sudan
Region: Africa (excl MENA)
Agreement name: Framework Agreement to Facilitate Payment of Post Service benefits between Sudan and South Sudan
Date: 27 Sep 2012
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Territory
Peace process: North - South Sudan secession process
Parties: H.E. Idriss Abdel Gadir, On behalf of: The Republic of the Sudan; H.E. Pagan Amum Okiech, On behalf of: The Republic of South Sudan
Third parties: Witnessed by: H.E. General Abdusalami Abubakar - African Union High Level Implementation Panel
Description: An agreement by the parties that provides the specific obligations of the Parties regarding Post-Service Benefits for citizens of either State, and establishes a Joint Ministerial Committee on Pensions (JMCP) to oversee all issues related to pension administration for the eligible citizens in each state, including a Joint Technical Committee on Pensions. In cases where the JCMP cannot resolve an amicable solution, the International Labour Organization shall be referred to on the matter.

Agreement document: SD_120927_Framework Agreement to Facilitate Payment of Post-Service Benefits.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: No specific mention.
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: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: Page 2, Preamble
Acknowledging also that there are citizens of the Republic of the Sudan who, prior to or after the secession of South Sudan worked in the public service of the government of South Sudan who are pensioners or will be eligible to become pensioners under applicable laws of the Republic of South Sudan;
Mindful of the critical importance, following the secession of the Republic of South Sudan, of agreeing on appropriate mechanisms to ensure uninterrupted, timely and convenient delivery of Post Service Benefits to all qualified individuals as aforesaid who are citizens of the Republic of South Sudan or of the Republic of the Sudan and who reside in either State;
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Page 2, Preamble
Mindful of the critical importance, following the secession of the Republic of South Sudan, of agreeing on appropriate mechanisms to ensure uninterrupted, timely and convenient delivery of Post Service Benefits to all qualified individuals as aforesaid who are citizens of the Republic of South Sudan or of the Republic of the Sudan and who reside in either State;

Page 3-4, 2. Specific Obligations of the Parties
2.1 The Republic of Sudan acknowledges its duty to pay Post-Service Benefits and hereby commits to pay all Post-Service Benefits, including pensions and gratuities and other payments due to eligible and vested current and former Public Servants of the Republic of the Sudan and their Survivors at the central, state or local levels, including Public Servants who have become citizens of the Republic of South Sudan and reside in the Republic of South Sudan or any other country, all in accordance with applicable laws of the Republic of the Sudan.

Page 4, 2. Specific Obligations of the Parties
2.2. The Republic of South Sudan acknowledges its duty to pay Post-Service Benefits and hereby commits to pay all Post-Service Benefits, including pensions and gratuities and other payments due to eligible and vested current and former Public Servants of the Republic of South Sudan and their Survivors at the central, state or local levels, including Public Servants who have become citizens of the Republic of the Sudan and who reside in the Republic of the Sudan or any other country, all in accordance with applicable laws of the Republic of South Sudan.

Page 4, 2. Specific Obligations of the Parties
2.3 Subject to agreements reached by the Parties on the basis of the assessments and reviews to be carried out in accordance with the provisions of this Agreement, the Republic of the Sudan hereby commits to finance identified and agreed unpaid contributions of eligible Public Servants who were serving in the Co-ordinating Council for Southern States. This is in accordance with the provision of the MoU, signed by the Government of National Unity and the Government of Southern Sudan, dated 14 July 2010.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 2, Preamble
Acknowledging that there are South Sudanese public servants now residing in the territory of the Republic of South Sudan or the Republic of the Sudan or any other country who, prior to the secession of South Sudan, worked in the public service of the Republic of the Sudan and who are pensioners, or may be eligible to become pensioners, under applicable laws of the Republic of the Sudan;
Acknowledging also that there are citizens of the Republic of the Sudan who, prior to or after the secession of South Sudan worked in the public service of the government of South Sudan who are pensioners or will be eligible to become pensioners under applicable laws of the Republic of South Sudan;
Mindful of the critical importance, following the secession of the Republic of South Sudan, of agreeing on appropriate mechanisms to ensure uninterrupted, timely and convenient delivery of Post-Service Benefits to all qualified individuals as aforesaid who are citizens of the Republic of South Sudan or of the Republic of the Sudan and who reside in either State;

Page 2, 1. Definitions
"Post-Service Benefits" means pensions, gratuities and any other payments, for which a liability is provided under the relevant pension-related laws of the Republic of the Sudan and the Republic of South Sudan;

Page 3, 1. Definitions
"Public Servant" means (a) constitutional post holders; (b) justices and judges of the judiciary; (c) legal counsels of the Ministry of Justice, (d) civil servants, and (e) persons employed or engaged in employment in government institutions as defined in the applicable laws of the two States;

Page 3, 1. Definitions
"Pensioner" means a person who has served in the Organized Forces or public service of the Republic of the Sudan or the Republic of South Sudan, or worked in the private sector and who has a vested right to a pension on account of previous employment in pensionable service in accordance with the applicable laws of the two States;

Page 3-4, 2. Specific Obligations of the Parties
2.1 The Republic of Sudan acknowledges its duty to pay Post-Service Benefits and hereby commits to pay all Post-Service Benefits, including pensions and gratuities and other payments due to eligible and vested current and former Public Servants of the Republic of the Sudan and their Survivors at the central, state or local levels, including Public Servants who have become citizens of the Republic of South Sudan and reside in the Republic of South Sudan or any other country, all in accordance with applicable laws of the Republic of the Sudan.

Page 4, 2. Specific Obligations of the Parties
2.2. The Republic of South Sudan acknowledges its duty to pay Post-Service Benefits and hereby commits to pay all Post-Service Benefits, including pensions and gratuities and other payments due to eligible and vested current and former Public Servants of the Republic of South Sudan and their Survivors at the central, state or local levels, including Public Servants who have become citizens of the Republic of the Sudan and who reside in the Republic of the Sudan or any other country, all in accordance with applicable laws of the Republic of South Sudan.

Page 4, 2. Specific Obligations of the Parties
2.3 Subject to agreements reached by the Parties on the basis of the assessments and reviews to be carried out in accordance with the provisions of this Agreement, the Republic of the Sudan hereby commits to finance identified and agreed unpaid contributions of eligible Public Servants who were serving in the Co-ordinating Council for Southern States. This is in accordance with the provision of the MoU, signed by the Government of National Unity and the Government of Southern Sudan, dated 14 July 2010.

Page 4, 2. Specific Obligations of the Parties
2.4 Following the completion of the identification and calculation processes provided for in Articles 6.1 (a) and (b) of this Agreement, the Parties shall cause their respective Pension Entities, promptly and without delay, to pay to eligible pensioners or survivors any arrears or amounts that are due and payable to them, and shall ensure that such payments are continued in accordance with the respective applicable laws of the Republic of the Sudan and the Republic of South Sudan.

Page 4-5, 3. Joint Ministerial Committee on Pensions
3.1 Within thirty (30) days of the signing of this Agreement, the Parties shall establish a Joint Ministerial Committee on Pensions (JMCP). The JMCP shall be composed of six (6) members, with three (3) each representing each State. The JMCP shall be co-chaired by the respective Ministers of each State responsible for pension matters, and with membership of the ministers of Interior and Defence.
3.2 The first meeting of the JMCP shall take place withi n fifteen (15) days of its establishment in accordance with Article 3.1 and thereafter, the JMCP shall meet, periodically, at times and locations to be determined by it.
3.3 The JMCP shall adopt its internal rules of procedure for regulation of its business.
3.4 The costs of meetings of the JMCP shall be shared equally between the two States.

Page 5, 4. Mandate of the JMCP
4.1 The JMCP shall have primary responsibility for discussing and reaching agreement on all issues related to pensions administration of relevance to the two States.

Page 5, 4. Mandate of the JMCP
4.2 Consistent with the objectives of this Agreement, the JMCP shall at its first meeting establish additional timeframes and completion dates for the carrying out of the mandates listed in Articles 6.1 (a) and (b) of this Agreement.

Page 5, 4. Mandate of the JMCP
4.3 The JMCP shall oversee and approve the work programme of the Joint Technical Committee on Pensions established pursuant to Article 5.1 of this Agreement.

Page 5, 4. Mandate of the JMCP
4.4 The JMCP shall be responsible for making decisions on any issues that are brought to its attention in the course of the deliberations and work of the Joint Technical Committee on Pensions.

Page 5, 4. Mandate of the JMCP
4.5 The JMCP may add to its mandate such other matters, relevant to Post-Service Benefits, as it may deem necessary.

Page 5, 4. Mandate of the JMCP
4.6 The JMCP may add such other matters to the terms of reference of the JTCP as it deems relevant to the achievement of the objectives of this Agreement.

Page 6, 4. Mandate of the JMCP
4.7 The JMCP may request support and technical advisory services from the International Labour Organization or any other institution with expertise in pension-related matters, to support the work of the JTCP.

Page 6, 4. Mandate of the JMCP
4.8 The JMCP shall ensure that the JTCP completes the tasks listed in Article 6 within 12 months from the date of its establishment.

Page 6, 5. Joint Technical Committee on Pensions
5.1 Within thirty (30) days of the establishment of the JMCP, the Parties shall establish a Joint Technical Committee on Pensions (JTCP).

Page 6, 5. Joint Technical Committee on Pensions
5.2 The JTCP shall be composed of ten (10) members) with each Party nominating five (5) members to represent all the relevant ministries and departments within the governments of the two States having substantive dealings with, and interests in, pension-related matters. The JTCP shall be co-chaired by a member representing each Party.

Page 6, 5. Joint Technical Committee on Pensions
5.3 The JTCP may establish such sub-committees and working groups as it deems necessary to enable it to discharge its responsibilities with due diligence and efficiency and may co-opt qualified and experienced officials from relevant ministries of the governments of the two Parties to assist on particular issues.

Page 6, 5. Joint Technical Committee on Pensions
5.4 The first meeting of the JTCP shall take place within 15 days of its establishment under Article 5.1 and, thereafter, it shall meet periodically at times and locations to be determined by it.

Page 6, 5. Joint Technical Committee on Pensions
5.5 The JTCP shall adopt its internal rules of procedure and regulations to ensure the effective and efficient carrying out of its work, including guidelines and procedures for reporting to the JMCP on a quarterly basis.

Page 6, 5. Joint Technical Committee on Pensions
5.6 The work plans and associated budgets of the JTCP shall be subject to the approval of the JMCP.

Page 6, 5. Joint Technical Committee on Pensions
5.7 The costs of operations of the JTCP shall be shared equally by the Parties.

Page 7, 5. Joint Technical Committee on Pensions
5.8 The JTCP may refer to the JMCP for decision, any dispute or matter concerning the work and activities under these terms of reference that the JTCP deems appropriate.

Page 7, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(a) identify those individuals who are citizens of the either the Republic of the Sudan or the Republic of South Sudan who are, or shall be eligible, to receive Post-Service Benefits from Pensions Entities of the other State, according to the relevant laws of the two States;

Page 7, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(b) provide guidance for the calculation of Post-Service Benefits for pensioners and eligible pensioners according to the relevant laws of the two States; and complete any incomplete files with in forty-five (45) days of the establishment of the JTCP;

Page 7, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(c) resolve any problems that may be hindering the calculation of pensions, brought to its attention by the Pensions Entities in the course of the carrying-out of the identification and calculation process referred to in (a) and (b) above;

Page 7, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(d) facilitate the transfer of all relevant financial entitlements, including payments from the Pensions Entities of the Republic of the Sudan to the South Sudan Pensions Fund (SSPF) and payments from the SSPF to the Pensions Entities of the Republic of the Sudan, for the benefit of pensioners;

Page 7, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(e) determine modalities to ensure prompt and continuous payment, including payment of arrears, in accordance with the respective laws of the two States;

Page 7-8, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(f) facilitate transfer of payments through the two Central Banks, calculated in Sudanese pounds (SDG) and South Sudan Pounds (SSP), at prevailing exchange rates as agreed by the JTCP, for transfer through the two Central Banks according to financial procedures agreed by the Central Banks;

Page 8, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(g) devise methods to facilitate the transfer of data and information between the Pensions Entities in Sudan and the SSPF, upon request;

Page 8, 6. Terms of Reference of the JTCP
(h) develop materials and provide relevant information which the Pension Entities in the two States may utilize to inform prospective beneficiaries of their rights and the relevant procedures for applications to the Pensions Entities;

Page 8, 6. Terms of Reference of the JTCP
(i) assist in the identification of assets, including financial assets, of Pensions Entities in each State located in the other State;

Page 8, 6. Terms of Reference of the JTCP
(j) provide assistance to, and advise, missions of auditing teams of Pensions Entities from one State visiting the other State, as required;

Page 8, 6. Terms of Reference of the JTCP
(k) develop a program for cooperation and collaboration between the Pensions Entities of the two States, including provision of technical assistance to each other; and

Page 8, 6. Terms of Reference of the JTCP
(1) submit quarterly reports to the JMCP.

Page 8, 7. Data
The Parties shall establish mechanisms for the sharing in a timely manner, of all relevant data, records, documents and information related to Post-Service Benefits and relevant to the terms of reference of the JTCP and, in particular, data on individuals who receive, or are eligible to receive, Post-Service Benefits, and shall furnish to each other all such information related thereto as the other Party shall reasonably request.

Page 9, 8. Dispute resolution mechanism
In case any dispute arises and the JMPC fails to reach an amicable solution, the matter shall be referred to the International Labour Organization (ILO) or any other international institution agreed by the Parties, and their opinion shall be final and binding.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: Power sharing→Economic power sharing→Fiscal federalism
Page 4, 2. Specific Obligations of the Parties
2.3 Subject to agreements reached by the Parties on the basis of the assessments and reviews to be carried out in accordance with the provisions of this Agreement, the Republic of the Sudan hereby commits to finance identified and agreed unpaid contributions of eligible Public Servants who were serving in the Co-ordinating Council for Southern States. This is in accordance with the provision of the MoU, signed by the Government of National Unity and the Government of Southern Sudan, dated 14 July 2010.
Military power sharing: No specific mention.

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: Rights related issues→Citizenship→Citizen, general
Page 2, Preamble:
Mindful of the critical importance, following the secession of the Republic of South Sudan, of agreeing on appropriate mechanisms to ensure uninterrupted, timely and convenient delivery of Post Service Benefits to all qualified individuals as aforesaid who are citizens of the Republic of South Sudan or of the Republic of the Sudan and who reside in either State;

Page 3-4, 2. Specific Obligations of the Parties
2.1 The Republic of Sudan acknowledges its duty to pay Post-Service Benefits and hereby commits to pay all Post-Service Benefits, including pensions and gratuities and other payments due to eligible and vested current and former Public Servants of the Republic of the Sudan and their Survivors at the central, state or local levels, including Public Servants who have become citizens of the Republic of South Sudan and reside in the Republic of South Sudan or any other country, all in accordance with applicable laws of the Republic of the Sudan.

Page 4, 2. Specific Obligations of the Parties
2.2. The Republic of South Sudan acknowledges its duty to pay Post-Service Benefits and hereby commits to pay all Post-Service Benefits, including pensions and gratuities and other payments due to eligible and vested current and former Public Servants of the Republic of South Sudan and their Survivors at the central, state or local levels, including Public Servants who have become citizens of the Republic of the Sudan and who reside in the Republic of the Sudan or any other country, all in accordance with applicable laws of the Republic of South Sudan.

Page 7, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(a) identify those individuals who are citizens of the either the Republic of the Sudan or the Republic of South Sudan who are, or shall be eligible, to receive Post-Service Benefits from Pensions Entities of the other State, according to the relevant laws of the two States;
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 8, 6. Terms of Reference of the JTCP
6.1. The terms of reference of the JTCP shall include the following:
(h) develop materials and provide relevant information which the Pension Entities in the two States may utilize to inform prospective beneficiaries of their rights and the relevant procedures for applications to the Pensions Entities;

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 3, 1. Definitions
"Public Servant" means (a) constitutional post holders; (b) justices and judges of the judiciary; (c) legal counsels of the Ministry of Justice, (d) civil servants, and (e) persons employed or engaged in employment in government institutions as defined in the applicable laws of the two States;
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: No specific mention.
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: No specific mention.
Ceasefire: No specific mention.
Police: Page 3, 1. Definitions
"Organized Forces" means the armed forces, unified police forces, National Security and any other regular forces in accordance with the laws of the two States;
Armed forces: Page 3, 1. Definitions
"Organized Forces" means the armed forces, unified police forces, National Security and any other regular forces in accordance with the laws of the two States;
DDR: No specific mention.
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: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: Witnessed by: H.E. General Abdusalami Abubakar
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.

Framework Agreement to Facilitate Payment of Post Services Benefits between The Republic of the Sudan and The Republic of South Sudan

Addis Ababa, 27 September 2012

Preamble

Acknowledging that there are South Sudanese public servants now residing in the territory of the Republic of South Sudan or the Republic of the Sudan or any other country who, prior to the secession of South Sudan, worked in the public service of the Republic of the Sudan and who are pensioners, or may be eligible to become pensioners, under applicable laws of the Republic of the Sudan;

Acknowledging also that there are citizens of the Republic of the Sudan who prior to or after the secession of South Sudan worked in the public service of the government of South Sudan who are pensioners or will be eligible to become pensioners under applicable laws of the Republic of South Sudan.

Mindful of the critical importance, following the secession of the Republic of South Sudan, of agreeing on appropriate mechanisms to ensure uninterrupted, timely and convenient delivery of Post-Service Benefits to all qualified individuals as aforesaid who are citizens of the Republic of South Sudan or of the Republic of the Sudan and who reside in either State;

Committed to dealing with this matter in an expeditious manner to ensure that qualified individuals are duly paid post-service benefits in which they have vested interests, in order to protect their livelihoods and wellbeing;

The Parties agree as follows;

1. Definitions

“Post-Service Benefits” means pensions, gratuities and any other payments, for which a liability is provided under the relevant pension-related laws of the Republic of the Sudan and the Republic of South Sudan;

“Public Servant” means (a) constitutional post holders, (b) justices and judges of the judiciary;

(c) legal counsels of the Ministry of Justice, (d) civil servants, and (e) persons employed or engaged in employment in government institutions as defined in the applicable laws of the two States;

“Pensions Entities” means the National Pensions Fund of the Republic of the Sudan and other institutions responsible for pension matters in accordance with the laws of the two States;

“National Pension Fund” means the Public Servants Pension Fund of the Republic of the Sudan (also referred to as NPF);

“Pensioner” means a person who has served in the Organized Forces or public service of the Republic of the Sudan or the Republic of South Sudan, or worked in the private sector and who has a vested right to a pension on account of previous employment in pensionable service in accordance with the applicable laws of the two States;

“Survivor” means a person who is the legal heir of the Post Service Benefits of a deceased Pensioner in accordance with the applicable law;

“Organized Forces” means the armed forces, unified police forces, National Security and any other regular forces in accordance with the laws of the two States;

and,

“Sudan laws”, for the purpose of this agreement, means all relevant laws governing Pension Entities in the Republic of the Sudan prior to July 9, 2011.

2. Specific Obligations of the Parties

2.1 The Republic of Sudan acknowledges its duty to pay Post-Service Benefits and hereby commits to pay all Post-Service Benefits, including pensions and gratuities and other payments due to eligible and vested current and former Public Servants of the Republic of the Sudan and their Survivors at the central, state or local levels, including Public Servants who have become citizens of the Republic of South Sudan and who reside in the Republic of South Sudan or any other country, all in accordance with applicable laws of the Republic of the Sudan.

2.2 The Republic of South Sudan acknowledges its duty to pay Post-Service Benefits and hereby commits to pay all Post-Service Benefits, including pensions and gratuities and other payments due to eligible and vested current and former Public Servants of the Republic of South Sudan and their Survivors at the central, state or local levels, including Public Servants who have become citizens of the republic of the Sudan and who reside in the Republic of the Sudan or any other county, all in accordance with applicable laws of the Republic of South Sudan.

2.3 Subject to agreements reached by the Parties on the basis of the assessments and reviews to be carried out in accordance with the provisions of this Agreement, the Republic of the Sudan hereby commits to finance identified and agreed unpaid contributions of eligible Public Servants who were serving in the Co-ordinating Council for Southern States.

This is in accordance with the provision of the MoU, signed by the Government of National Unity and the Government of South Sudan, dated 14 July 2010.

2.4 Following the completion of the identification and calculation processes provided for in Articles 6.1 (a) and (b) of this Agreement, the Parties shall cause their respective Pension Entities, promptly and without delay, to pay to eligible pensioners or survivors any arrears or amounts that are due and payable to them, and shall ensure that such payments are continued in accordance with the respective applicable laws of the Republic of the Sudan and the Republic of South Sudan.

3. Joint Ministerial Committee on Pensions

3.1 Within thirty (30) days of the signing of this Agreement, the Parties shall establish a Joint Ministerial Committee on Pensions (JMCP).

The JMCP shall be composed of six (6) members, with three (3) each representing each State.

The JMCP shall be co-chaired by the respective Ministers of each State responsible for pension matters, and with membership of the ministers of Interior and Defence.

3.2 The first meeting of the JMCP shall take place within fifteen (15) days of its establishment in accordance with Article 3.1 and thereafter, the JMCP shall meet, periodically, at times and locations to be determined by it.

3.3 The JMCP shall adopt its internal rules of procedure for regulation of its business.

3.4 The costs of meetings of the JMCP shall be shared equally between the two States.

4. Mandate of the JMCP

4.1 The JMCP shall have primary responsibility for discussing and reaching agreement on all issues related to pensions administration of relevance to the two States.

4.2 Consistent with the objectives of this Agreement, the JMCP shall at its first meeting establish additional timeframes and completion dates for the carrying out of the mandates listed in Articles 6.1 (a) and (b) of this Agreement.

4.3 The JMCP shall oversee and approve the work programme of the Joint Technical Committee on Pensions established pursuant to Article 5.1 of this Agreement.

4.4 The JMCP shall be responsible for making decisions on any issues that are brought to its attention in the course of the deliberations and work of the Joint Technical Committee on Pensions.

4.5 The JMCP may add to its mandate such other matters, relevant to Post-Service Benefits, as it may deem necessary.

4.6 The JMCP may add such other matters to the terms of reference to the JTCP as it deems relevant to the achievement of the objectives of this Agreement.

4.7 The JMCP may request support and technical advisory services from the International Labour Organization or any other institution with expertise in pension-related matters, to support the work of the JTCP.

4.8 The JMCP shall ensure that the JTCP completes the tasks listed in Article 6 within 12 months from the date of its establishment.

5. Joint Technical Committee on Pensions

5.1 Within thirty (30) days of the establishment of the JMCP, the Parties shall establish a Joint Technical Committee on Pensions (JTCP).

5.2 The JTCP shall be composed of ten (10) members, with each Party nominating five (5) members to represent all the relevant ministries and departments within the governments of the two States having substantive dealings with, and interests in, pension-related matters.

The JTCP shall be co-chaired by a member representing each Party.

5.3 The JTCP may establish such sub-committees and working groups as it deems necessary to enable it to discharge its responsibilities with due diligence and efficiency and may co-opt qualified and experienced officials from relevant ministries of the governments of the two Parties to assist on particular issues.

5.4 The first meeting of the JTCP shall take place within 15 days of its establishment under Article 5.1 and, thereafter, it shall meet periodically at times and locations to be determined by it.

5.5 The JTCP shall adopt its internal rules of procedure and regulations to ensure the effective and efficient carrying out of its work, including guidelines and procedures for reporting to the JMCP on a quarterly basis.

5.6 The work plans and associated budgets of the JTCP shall be subject to the approval of the JMCP.

5.7 The costs of operations of the JTCP shall be shared equally by the Parties.

5.8 The JTCP may refer to the JMCP for decision, any dispute or matter concerning the work and activities under these terms of reference that the JTCP deems appropriate.

6. Terms of Reference of the JTCP

6.1 The terms of reference of the JTCP shall include the following:

(a) identify those individuals who are citizens of either the Republic of the Sudan or the Republic of South Sudan who are, or shall be eligible, to receive Post-Service Benefits from Pensions Entities of the other State, according to the relevant laws of the two States;

(b) provide guidance for the calculation of Post-Service Benefits for pensioners and eligible pensioners according to the relevant laws of the two States;

and complete any incomplete files within forty-five (45) days of the establishment of the JTCP;

(c) resolve any problems that may be hindering the calculation of the pensions, brought to its attention by the Pensions Entities in the course of the carrying-out of the identification and calculation process referred to in (a) and (b) above;

(d) facilitate the transfer of all relevant financial entitlements, including payments from the Pensions Entities of the Republic of the Sudan to the South Sudan Pensions Fund (SSPF) and payments from the SSPF to the Pensions Entities of the Republic of the Sudan, for the benefit of pensioners;

(e) determine modalities to ensure prompt and continuous payment, including payment of arrears, in accordance with the respective laws of the two States;

(f) facilitate transfer of payments through the two Central Banks, calculated in Sudanese pounds (SDG) and South Sudan Pounds (SSP), at prevailing exchange rates as agreed by the JTCP, for transfer through the two Central Banks according to the financial procedures agreed by the Central Banks;

(g) devise methods to facilitate the transfer of data and information between the Pensions Entities in Sudan and the SSPF, upon request;

(h) develop materials and provide relevant information which the Pensions Entities in the two States may utilize to inform prospective beneficiaries of their rights and the relevant procedures for applications to the Pensions Entities;

(i) assist in the identification of assets, including financial assets, of Pensions Entities in each State located in the other State;

(j) provide assistance to, and advise, missions of auditing teams of Pensions Entities from one State visiting the other State, as required;

(k) develop a program for cooperation and collaboration between the Pensions Entities of the two States, including provision of technical assistance to each other;

and

(l) submit quarterly reports to the JMCP.

7. Data

The Parties shall establish mechanisms for the sharing in a timely manner, of all relevant data, records, documents and information related to Post-Service Benefits and relevant to the terms of reference of the JTCP and, in particular, data on individuals who receive, or are eligible to receive, Post-Service Benefits, and shall furnish to each other all such information related thereto as the other Party shall reasonably request.

8. Dispute resolution mechanism

In case any dispute arises and the JMPC fails to reach an amicable solution, the matter shall be referred to the International Labour Organisation (ILO) or any other international institution agreed by the Parties, and their opinion shall be final and binding.

Done in Addis Ababa, this 27th day of September, 2012:

..................................................... .....................................................

H.E. Idriss Abdel Gadir H.E. Pagan Amum Okiech

On behalf of:

The Republic of the Sudan Republic of South Sudan

Witnessed by:

..................................................................

H.E. General Abdusalami Abubakar

On behalf of the African Union High Level Implementation Panel