Implementation Matrix for Agreements between the Sudan and South Sudan
- Country/entity
-
South Sudan
Sudan - Region
-
Africa (excl MENA)
- Agreement name
- Implementation Matrix for Agreements between the Sudan and South Sudan
- Date
- 12 Mar 2013
- Agreement status
- Multiparty signed/agreed
- Interim arrangement
- Yes
- Agreement/conflict level
- Interstate/intrastate conflict(s)
- Stage
- Implementation/renegotiation
- Conflict nature
- Territory
- Peace process
- North - South Sudan secession process
- Parties
- Idris Mohamed Abdel Gader, on behalf of the Government of the Republic of the Sudan; Pagan Amum Okiech, On behalf of the Government of the Republic of South Sudan
- Third parties
- Witnessed by: Thabo Mvuyelwa Mbeki, Chairperson, African Union High-level Implementation Panel for Sudan and South Sudan, On behalf of the African Union High-level Implementation Panel
- Description
- An agreement that provides a matrix for the facilitation and coordination by the parties in their pursuit to implement their commitments in prior agreements, most notably the Cooperation Agreement.
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
No specific mention.
- Accession/unification
No specific mention.
- Border delimitation
- Page 3, 1. Cooperation Agreement
1.3. Completion of negotiation on disputed and claimed border areas (art. 4.1)
Timing: See below (sect. 5.4)
Remarks: See below (sect. 5.4)
Page 8, 5. Agreement on border issues (including demarcation)
5.1 Border management
5.1.1 Maintenance of soft border (art. 2), and facilitation of movement of people, goods and services - Timing: D-Day onwards
Remarks: Principle of the soft border should inform specific policies and should be adopted by joint security, nationals and economic bodies. Implementation will require coordination across several areas to be identified within the Joint Border Commission. Liaison is required between the Commission and the Joint Political and Security Mechanism on opening of border crossings
Page 10, 5. Agreement on border issues (including demarcation)
5.2 Boundary demarcation process
5.2.1 Establishment of Joint Demarcation Committee (art. 8.1) - Timing: D-Day + 7
Remarks: 10 members, 5 from each State, including a Co-chair. During this period names of nominees to be exchanged
5.2.2 First meeting of the Committee (art. 8.5) - Timing: D-Day + 14
5.2.3 Establishment of Joint Technical Team (art. 9.1) - Timing: 5.2.2 (first meeting of Joint Demarcation Committee)
Remarks: The Joint Technical Team is to have 80 persons, 40 from each state. Composition to be confirmed at first meeting of the Joint Demarcation Committee. The African Union is to provide surveyors and other technical experts to assist team
5.2.5 Development of demarcation plan (art. 10.1) - Timing: 5.2.2 + 21
Remarks: Parties may seek advice from African Union representatives or any other source. Security elements of plan will require some participation of representatives of Joint Political and Security Mechanism in the planning
Page 11, 5. Agreement on border issues (including demarcation)
5.2 Boundary demarcation process
5.2.7 Commencement of demarcation (art. 7.2) - Timing: 5.2.2 + 60
Page 11, 5. Agreement on border issues (including demarcation)
5.3 Security for demarcation process
5.3.1 Submission of demarcation plan to the Joint Political and Security Mechanism (art. 13.1) - Timing: 5.2.5 (development of demarcation plan) + 7 days
Remarks: Security proposals should reflect the particular ethos and sensitivities of demarcation and should incorporate community sensitization to the process
5.3.2 Arrangement of security for demarcation (art. 13.2) - Timing: During demarcation
Remarks: Security arrangements and implementation must accord with 5.3.1 and be carried out in consultation with the Joint Demarcation Committee and Joint Technical Team
5.3.3 Completion of demarcation (art. 7.1) - Timing: 5.2.7 (commencement of demarcation plan) + 3 months - Cross-border provision
- Page 12, 6. Agreement on trade and trade-related issues
6.1 Establishment of Joint Ministerial
Committee on Trade Relations (art. 3.1) and preparations to establish the Joint Technical Committee on Trade Relations - Timing: D-Day + 5
Remarks: Goal is to agree trade policy and framework of cooperation between the
parties, including both existing and future agreements that would enhance and facilitate trade. The parties may request assistance from the African Development Bank (AfDB), which provided them with a consultant at earlier stages, as well as the Common Market for Eastern and Southern Africa (COMESA) and other regional organizations
Page 17, 10. Agreement concerning oil and related economic matters
10.6 Establishment of Joint Cross-Border Cooperation Committee (art. 9.1.2) and entry into agreements to facilitate movement and security of personnel - Timing: D-Day +14
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
- Page 11, 5. Agreement on border issues (including demarcation)
5.3 Security for demarcation process 5.3.1 Submission of demarcation plan to the Joint Political and Security Mechanism (art. 13.1) - Timing: 5.2.5 (development of demarcation plan) + 7 days
Remarks: Security proposals should reflect the particular ethos and sensitivities of demarcation and should incorporate community sensitization to the process - Traditional/religious leaders
No specific mention.
- Public administration
- Page 14, 8. Framework agreement to facilitate payment of post-service benefits
8.1 Payment by the Sudan of all post-service benefits and arrears due, including to South Sudan citizens (art. 2.1) - Timing: Immediate Existing/continuing obligation
8.2 Payment by South Sudan of all post-service benefits and arrears due, including to Sudan citizens (art. 2.2) - Timing: Immediate Existing/continuing obligation - Constitution
No specific mention.
Power sharing
- Political power sharing
- Power sharing→Political power sharing→OtherState levelPage 3, 1. Cooperation Agreement
1.4 Determination of the final status of Abyei and consideration of formation of the Abyei Referendum Commission (art. 4.2)
Timing: Date to be agreed The Presidents
Remarks: To be dealt with at the level of the Presidents
Page 6-7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.1 Constitute Abyei Area Administration (art. 5) - Timing: D-Day + 7
Remarks: Abyei Joint Oversight Committee to constitute the Abyei Area Administration
3.2 Constitute Abyei Area Council (art. 8) - Timing: D-Day + 7
Remarks: The Abyei Joint Oversight Committee Co-Chairs agreed that the Sudan nomination for Chairperson of the Council adopted at the 8th Abyei Joint Oversight Committee meeting shall remain the same and can become effective only when the matter of Abyei Area Council membership has been resolved
• Agreement on the composition of the Council. The Committee has sent the matter to the Presidents for guidance
• The Committee is to constitute the Abyei Area Council in accordance with the guidance from the Presidents - Territorial power sharing
- Power sharing→Territorial power sharing→Autonomous regionsPage 3, 1. Cooperation Agreement
1.4 Determination of the final status of Abyei and consideration of formation of the Abyei Referendum Commission (art. 4.2)
Timing: Date to be agreed The Presidents
Remarks: To be dealt with at the level of the Presidents
Page 6-7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.1 Constitute Abyei Area Administration (art. 5) - Timing: D-Day + 7
Remarks: Abyei Joint Oversight Committee to constitute the Abyei Area Administration
3.2 Constitute Abyei Area Council (art. 8) - Timing: D-Day + 7
Remarks: The Abyei Joint Oversight Committee Co-Chairs agreed that the Sudan nomination for Chairperson of the Council adopted at the 8th Abyei Joint Oversight Committee meeting shall remain the same and can become effective only when the matter of Abyei Area Council membership has been resolved
• Agreement on the composition of the Council. The Committee has sent the matter to the Presidents for guidance
• The Committee is to constitute the Abyei Area Council in accordance with the guidance from the Presidents
Page 11-12, 5. Agreement on border issues (including demarcation)
5.4 Process for settlement of status of the five disputed areas and claimed border areas
5.4.1 Written submissions provided to the African Union Team of Experts - Timing: D-Day + 66
5.4.2 Parties to determine, in consultation with the African Union Team of Experts, time frame for process of preparing non- binding opinion of Team on status of the 5 disputed areas - Timing: D-Day + 21
5.4.3 Completion of non-binding opinion of the African Union Team of Experts on the status of the 5 disputed areas - Timing: 5.4.1 + 60
Remarks: Parties have commenced cooperation with the experts in line with draft terms of reference for the African Union Team of Experts. Timeline subject to change by parties pursuant to 5.4.2
5.4.4 Consideration of opinion and preparation for negotiations - Timing: 5.4.3 + 35
5.4.5 Conclusion of discussions on the 5 disputed areas (para. 3.1.1 Heads of State Summit Outcome document) - Timing: 5.4.4 + 35
Remarks: Discussions shall be with the facilitation of AUHIP. If there is no settlement within this period, the parties shall:
• Extend the period for discussion, or
• Refer the matter to arbitration, or
• Refer the matter to any other binding settlement process
5.4.6 Agreement on process for settling status of claimed areas - Timing: 5.4.5 + 20 - Economic power sharing
- Power sharing→Economic power sharing→Fiscal federalismPage 12, 6. Agreement on trade and trade-related issues
6.1 Establishment of Joint Ministerial
Committee on Trade Relations (art. 3.1) and preparations to establish the Joint Technical Committee on Trade Relations - Timing: D-Day + 5
Remarks: Goal is to agree trade policy and framework of cooperation between the
parties, including both existing and future agreements that would enhance and facilitate trade. The parties may request assistance from the African Development Bank (AfDB), which provided them with a consultant at earlier stages, as well as the Common Market for Eastern and Southern Africa (COMESA) and other regional organizations
Page 15, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.1 The Sudan to provide South Sudan any part of an archive which is required for the normal administration of the territory of South Sudan or which relates directly to the territory of South Sudan; the best available evidence from its State archives, including maps and other documents, relating to title to the territory of South Sudan and its boundaries; and such other information as is necessary to clarify the meaning of archives that pass to South Sudan (arts. 4.2.1-4.2.2) - Timing: D-Day + 120
Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate
Page 16, 10. Agreement concerning oil and related economic matters
10.1 The Sudan to sell oil on-board tanker Isis and transfer proceeds to South Sudan (art. 13.1)
10.2 The Sudan to direct funds deposited at High Court in London related to vessel RatnaShradha (art. 13.2)
10.3 South Sudan to instruct oil companies to re-establish oil production (art. 15.1) - Timing: D-Day +14
Remarks: Resumption of production shall take place as soon as technically feasible.
The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art. 15.1)
Page 17, 10. Agreement concerning oil and related economic matters
10.4 The Sudan to instruct oil companies to re-establish oil processing and transportation (art. 15.2) - Timing: D-Day + 14
Remarks: Resumption of processing and transportation shall take place as soon as technically feasible. The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art. 15.2)
Page 17, 10. Agreement concerning oil and related economic matters
10.7 Establishment of the Petroleum Monitoring Committee (art. 10.1) - Timing: D-Day + 14
Remarks: It is the responsibility of the African Union Commission to appoint an international Chairperson for the committee after consultation with both parties. Both parties have submitted observations on their preferred candidates to AUHIP. Both Governments have already appointed their members to the Petroleum Monitoring Committee
Page 18, 10. Agreement concerning oil and related economic matters
10.8 Conclusion of processing agreements (art. 3.3 (a)) - Timing: D-Day + 150
10.9 Conclusion of transportation agreements (art. 3.3 (b)) - Timing: D-Day + 150
10.10 Development of quality adjustment procedures for the Greater Nile Petroleum Operating Company transportation system (art. 8.1) - Timing: D-Day + 150
10.11 The parties to discuss the Sudapet issue with the aim of reaching an agreement
(art. 14) - Timing: D-Day + 5 to
Page 19, 10. Agreement concerning oil and related economic matters
10.17 Establishment of two subcommittees of the Petroleum Monitoring Committee (art. 10.4) - Timing: D-Day + 60
Remarks: The technical and financial subcommittees shall monitor oil operations and review all monthly reports, and should be operational as soon as possible after resumption of oil production
10.18 Either party may exercise option to nominate representatives (observers) to be located at facilities within the territory of the other State (art. 11)
10.19 Adoption of detailed agreements (art. 20) - Timing: D-Day + 150
10.20 Payment of TFA (arts. 4.4, 5.2) - Timing: Within 40 days from date of bill of lading - 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, generalPage 7-8, 4. Framework agreement on the status of nationals of the other State
4.1 Establishment of the Joint High-level Committee (art. 1.1) - Timing: D-Day + 7
Remarks: During this period, names of nominees to the Committee are to be exchanged
4.2 First meeting of the Committee (art. 1.3) - Timing: D-Day + 14
Remarks: AUHIP to convene meeting in Juba/Khartoum; may amend the proposed agenda submitted in March 2012 in consultation with the parties
4.3 Confirmation of composition of the Committee (art. 4.3) - Timing: During 4.2
Remarks: The parties have agreed to confirm the membership and number of the Joint High-level Committee at its first meeting
4.4 Accelerate cooperation to provide nationals with identity and other relevant documents (art. 2.1) - Timing: After 4.2
4.5 Elaboration of Four Freedoms agreement (art. 4.3) - Timing: 4.2 + 60
Remarks: Elaborated Four Freedoms text, prepared by AUHIP, already circulated to the parties. An annotated version to be prepared and circulated to the parties by the first Joint High-level Committee meeting. Issue will require further consideration by the Committee
4.6 Appeal for support for documentation, if necessary (art. 2.2) - Timing: After 4.4
Remarks: The requirement for support will depend on the needs assessed by the Committee. The two States may jointly appeal for technical support through the AUHIP for their cooperative efforts. This is without prejudice to each State’s right to solicit assistance for its own activities - Democracy
No specific mention.
- Detention procedures
No specific mention.
- Media and communication
No specific mention.
- Mobility/access
- Page 6, 2 Agreements on security arrangements
2.5 Opening of 10 border-crossing corridors (art. 5) Immediate establishment of national
technical border corridor committee in each country and preparation for Joint Technical Border Corridor Committee - Timing: D-Day + 7
2.5.1 Meeting of the Joint Technical Border Corridor Committee - Timing: D-Day + 7
2.5.2 Establishment of necessary office and foundations - Timing: D-Day + 60
2.5.3 Joint visit from both sides to the crossing corridors to review completion
and readiness - Timing: D-Day + 70
Page 8, 5 Agreement on border issues (including demarcation)
5.1 Border management
5.1.1 Maintenance of soft border (art. 2), and facilitation of movement of people, goods and services - Timing: D-Day onwards
Remarks: Principle of the soft border should inform specific policies and should be adopted by joint security, nationals and economic bodies. Implementation will require coordination across several areas to be identified within the Joint Border Commission. Liaison is required between the Commission and the Joint Political and Security Mechanism on opening of border crossings
Page 9, 5. Agreement on border issues (including demarcation)
5.1 Border management
5.1.5 Management of transhumance: development of policy and regulations for resource management (part VII) - Timing: 5.1.2 + 30 - 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
- Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic developmentPage 8, 5 Agreement on border issues (including demarcation)
5.1 Border management
5.1.1 Maintenance of soft border (art. 2), and facilitation of movement of people, goods and services - Timing: D-Day onwards
Remarks: Principle of the soft border should inform specific policies and should be adopted by joint security, nationals and economic bodies. Implementation will require coordination across several areas to be identified within the Joint Border Commission. Liaison is required between the Commission and the Joint Political and Security Mechanism on opening of border crossings - National economic plan
No specific mention.
- Natural resources
- Page 16, 10. Agreement concerning oil and related economic matters
10.1 The Sudan to sell oil on-board tanker Isis and transfer proceeds to South Sudan (art. 13.1)
10.2 The Sudan to direct funds deposited at High Court in London related to vessel RatnaShradha (art. 13.2)
10.3 South Sudan to instruct oil companies to re-establish oil production (art. 15.1) - Timing: D-Day +14
Remarks: Resumption of production shall take place as soon as technically feasible.
The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art. 15.1)
Page 17, 10. Agreement concerning oil and related economic matters
10.4 The Sudan to instruct oil companies to re-establish oil processing and transportation (art. 15.2) - Timing: D-Day + 14
Remarks: Resumption of processing and transportation shall take place as soon as technically feasible. The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art. 15.2)
Page 17, 10. Agreement concerning oil and related economic matters
10.7 Establishment of the Petroleum Monitoring Committee (art. 10.1) - Timing: D-Day + 14
Remarks: It is the responsibility of the African Union Commission to appoint an international Chairperson for the committee after consultation with both parties. Both parties have submitted observations on their preferred candidates to AUHIP. Both Governments have already appointed their members to the Petroleum Monitoring Committee
Page 18, 10. Agreement concerning oil and related economic matters
10.8 Conclusion of processing agreements (art. 3.3 (a)) - Timing: D-Day + 150
10.9 Conclusion of transportation agreements (art. 3.3 (b)) - Timing: D-Day + 150
10.10 Development of quality adjustment procedures for the Greater Nile Petroleum Operating Company transportation system (art. 8.1) - Timing: D-Day + 150
10.11 The parties to discuss the Sudapet issue with the aim of reaching an agreement
(art. 14) - Timing: D-Day + 5 to
Page 19, 10. Agreement concerning oil and related economic matters
10.17 Establishment of two subcommittees of the Petroleum Monitoring Committee (art. 10.4) - Timing: D-Day + 60
Remarks: The technical and financial subcommittees shall monitor oil operations and review all monthly reports, and should be operational as soon as possible after resumption of oil production
10.18 Either party may exercise option to nominate representatives (observers) to be located at facilities within the territory of the other State (art. 11)
10.19 Adoption of detailed agreements (art. 20) - Timing: D-Day + 150
10.20 Payment of TFA (arts. 4.4, 5.2) - Timing: Within 40 days from date of bill of lading - International funds
- Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate - Business
No specific mention.
- Taxation
No specific mention.
- Banks
- Socio-economic reconstruction→Banks→Central bankPage 13, 7. Agreement on a framework for cooperation on central banking issues
7.1 Establishment of Joint Central Banks Committee (art. 1.1) - Timing: D-Day + 5
Remarks: Committee should support financial stability and sound banking practices, including systems for facilitation of payments and financial transactions. It would be most appropriate for this Committee and the trade-related committee to arrange a joint meeting on issues of mutual relevance. As also envisaged in the borders agreement, it might also be useful to include a “soft border” element in such a meeting. One or all multilateral development banks can be requested to provide assistance (see 5.1.1 and 5.1.7 above)
Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriateSocio-economic reconstruction→Banks→Personal or commercial bankingPage 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriateSocio-economic reconstruction→Banks→International financePage 12, 6. Agreement on trade and trade-related issues
6.1 Establishment of Joint Ministerial
Committee on Trade Relations (art. 3.1) and preparations to establish the Joint Technical Committee on Trade Relations - Timing: D-Day + 5
Remarks: Goal is to agree trade policy and framework of cooperation between the
parties, including both existing and future agreements that would enhance and facilitate trade. The parties may request assistance from the African Development Bank (AfDB), which provided them with a consultant at earlier stages, as well as the Common Market for Eastern and Southern Africa (COMESA) and other regional organizations
Page 16, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
Countries Initiative decision point (art. 3.1.4 (a)) - Timing: Ratification + 2 years
Remarks: The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate
Land, property and environment
- Land reform/rights
No specific mention.
- Pastoralist/nomadism rights
- Page 9, 5. Agreement on border issues (including demarcation)
5.1 Border management
5.1.5 Management of transhumance: development of policy and regulations for resource management (part VII) - Timing: 5.1.2 + 30 - Cultural heritage
- Land, property and environment→Cultural heritage→PromotionPage 15, 9. Agreement on certain economic matters: division of assets and liabilities, arrears and claims and joint approach to the international community
9.2 Establishment of Joint Archives and Cultural Heritage Committee and repatriation archives and cultural property (arts. 4.2.1, 4.3.1, 4.3.5) - Timing: D-Day + 30 - Environment
No specific mention.
- Water or riparian rights or access
No specific mention.
Security sector
- Security Guarantees
- Page 3, 1. Cooperation Agreement
1.1. Full implementation of previous agreements relating to common security, including Abyei Temporary Arrangements (art. 2.2)
Timing: Immediately
Remarks: See below (sects. 2 and 3)
Page 4, 2 Agreements on security arrangements (The agreement on Modalities for the Implementation of the Security Arrangements Agreement between the Sudan and South Sudan adopted by the Joint Political and Security Mechanism on 8 March 2013 is the reference document for the timelines below)
2.1 Immediate and unconditional withdrawal of forces to their side of the safe demilitarized border zone (art. 1)
2.1.1 Immediate orders issued D-Day + 4 South Sudan and the Sudan - Timing: D-Day + 4
2.1.2 Start of withdrawal - Timing: D-Day + 4
2.1.3 Joint Border Verification and Monitoring Mechanism to receive update from parties and report to parties - Timing: D-Day + 4
2.1.4 Completion of withdrawal - Timing: D-Day + 7
2.1.4.1 Completion of withdrawal in the 14-mile area - Timing: D-Day + 14
2.1.5 United Nations Interim Security Force for Abyei (UNISFA) Force Commander to report to the Joint Political and Security Mechanism on withdrawal - Timing: D-Day + 14
Page 4, 2 Agreements on security arrangements
2.2 Operationalization of the Joint Border Verification and Monitoring Mechanism (art. 2)
2.2.1 Start of operationalization of the Mechanism - Timing: D-Day
Remarks: Governments of the Sudan and South Sudan agreed to the requirement of force protection battalion of 860 personnel. Parties agreed that the Mechanism will have final strength of 90 monitors each (Joint Political and Security Mechanism decisions 18 September 2011, Security Council resolution 2024 (2011)). They will initially deploy 70 monitors and build up this strength progressively as per progress of operationalization
Page 5, 2 Agreements on security arrangements
2.2 Operationalization of the Joint Border Verification and Monitoring Mechanism (art. 2)
2.2.2 Allocation of land for Joint Border Verification and Monitoring Mechanism Sector Headquarters in Gok Machar - Timing: D-Day + 16
2.2.3 Initial operating capacity - Timing: D-Day + 46
2.2.4 Provision of land at Malakal and Buram for Sector Headquarters -Timing: D-Day + 30
2.2.5 Force generation for full operating capacity - Timing: D-Day + 60
2.2.6 Full operating capacity - Timing: D-Day + 90
Page 5, 2 Agreements on security arrangements
2.3 Operationalization of the safe demilitarized border zone (art. 2)
2.3.1 Start redeployment of forces from safe demilitarized border zone -Timing:D-Day + 7
2.3.2 Completion of redeployment of forces - Timing: D-Day + 26
2.3.3 Joint Border Verification and Monitoring Mechanism reports on completion of redeployment - Timing: D-Day + 33
Page 5-6, 2 Agreements on security arrangements
2.4 Activation of the Ad Hoc Committee (art. 4)
2.4.1 Activation of the Ad Hoc Committee - Timing: D-Day + 7
2.4.2 Activation of the Ad Hoc Committee of the Joint Border Verification and Monitoring Mechanism Sector Headquarters (in the 14-mile sector of the Mechanism) within 30 days (art. 3) - Timing: D-Day + 44
Page 6, 2 Agreements on security arrangements
2.5 Opening of 10 border-crossing corridors (art. 5) Immediate establishment of national
technical border corridor committee in each country and preparation for Joint Technical Border Corridor Committee - Timing: D-Day + 7
2.5.1 Meeting of the Joint Technical Border Corridor Committee - Timing: D-Day + 7
2.5.2 Establishment of necessary office and foundations - Timing: D-Day + 60
2.5.3 Joint visit from both sides to the crossing corridors to review completion
and readiness - Timing: D-Day + 70
Page 6-7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.1 Constitute Abyei Area Administration (art. 5) - Timing: D-Day + 7
Remarks: Abyei Joint Oversight Committee to constitute the Abyei Area Administration
3.2 Constitute Abyei Area Council (art. 8) - Timing: D-Day + 7
Remarks: The Abyei Joint Oversight Committee Co-Chairs agreed that the Sudan nomination for Chairperson of the Council adopted at the 8th Abyei Joint Oversight Committee meeting shall remain the same and can become effective only when the matter of Abyei Area Council membership has been resolved
• Agreement on the composition of the Council. The Committee has sent the matter to the Presidents for guidance
• The Committee is to constitute the Abyei Area Council in accordance with the guidance from the Presidents
3.3 Constitute Abyei Police Service (arts. 25 and 26) - Timing: D-Day + 30
Remarks: UNISFA proposal shared with the parties. Each State to bring to Abyei Joint Oversight Committee its proposals for the composition of the Abyei Police Service, including a Migrations Unit, for discussion. Police technical teams of the two States to complete their preparatory work by 30 March 2013
Page 9, 5. Agreement on border issues (including demarcation)
5.1 Border management
5.1.2 Establishment of Joint Border Commission (art. 17.1) and subcommittees (art. 19) - Timing: D-Day + 14
Remarks: Five representatives and Co-chair (ministerial level) from each State have already been nominated. First meeting to be held during this period. Parties may wish to convene first Joint Border Commission meeting prior to Joint Demarcation Committee (c.f. 5.2.2)
5.1.3 Establishment of fund to facilitate Joint Border Commission activities (art. 28) - Timing: 5.1.2 (establishment of Joint Border Commission) + 21
Remarks: Equal contributions from each party to
be agreed at first meeting. Parties may seek additional funds from third parties
5.1.4 Elaboration of Integrated Border Management Approach and relevant policies (arts. 3, 4, 18 (2) (a)), including facilitation of cross-border trade and investment promotion
- Timing: 5.1.2 + 30
Remarks: Ongoing process. Internal consultations required per principles of the agreement on border issues. Potential to work with African Union Border Programme to
elaborate an Integrated Border Management Approach
5.1.5 Management of transhumance: development of policy and regulations for resource management (part VII) - Timing: 5.1.2 + 30
5.1.7 Coordination of border management:
convening of joint meeting of the Joint Border Commission, Joint Political and Security Mechanism, Joint High-level Committee, Governors Forum, Abyei Joint Oversight Committee etc. (art. 21) - Timing: First meeting: between D-Day + 60 and D-Day + 90
Page 10, 5. Agreement on border issues (including demarcation)
5.2 Boundary demarcation process
5.2.5 Development of demarcation plan (art. 10.1) - Timing: 5.2.2 + 21
Remarks: Parties may seek advice from African Union representatives or any other source. Security elements of plan will require some participation of representatives of Joint Political and Security Mechanism in the planning
Page 11, 5. Agreement on border issues (including demarcation)
5.3 Security for demarcation process
5.3.2 Arrangement of security for demarcation (art. 13.2) - Timing: During demarcation
Remarks: Security arrangements and implementation must accord with 5.3.1 and be carried out in consultation with the Joint Demarcation Committee and Joint Technical Team - Ceasefire
No specific mention.
- Police
- Page 7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.3 Constitute Abyei Police Service (arts. 25 and 26) - Timing: D-Day + 30
Remarks: UNISFA proposal shared with the parties. Each State to bring to Abyei Joint Oversight Committee its proposals for the composition of the Abyei Police Service, including a Migrations Unit, for discussion. Police technical teams of the two States to complete their preparatory work by 30 March 2013 - Armed forces
No specific mention.
- 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 signature - however agreement is attached to 'Letter dated 15 March 2013 from the Secretary-General addressed to the President of the Security Council', signed by UNSG.
- Other international signatory
- Witnessed by: Thabo Mvuyelwa Mbeki, Chairperson, African Union High-level Implementation Panel for Sudan and South Sudan, On behalf of the African Union High-level Implementation Panel
- Referendum for agreement
No specific mention.
- International mission/force/similar
- Page 4, 2 Agreements on security arrangements (The agreement on Modalities for the Implementation of the Security Arrangements Agreement between the Sudan and South Sudan adopted by the Joint Political and Security Mechanism on 8 March 2013 is the reference document for the timelines below)
2.1 Immediate and unconditional withdrawal of forces to their side of the safe demilitarized border zone (art. 1)
2.1.5 United Nations Interim Security Force for Abyei (UNISFA) Force Commander to report to the Joint Political and Security Mechanism on withdrawal - Timing: D-Day + 14
Page 7, 3. Agreement on temporary arrangements for administration and security of the Abyei Area
3.3 Constitute Abyei Police Service (arts. 25 and 26) - Timing: D-Day + 30
Remarks: UNISFA proposal shared with the parties. Each State to bring to Abyei Joint Oversight Committee its proposals for the composition of the Abyei Police Service, including a Migrations Unit, for discussion. Police technical teams of the two States to complete their preparatory work by 30 March 2013 - Enforcement mechanism
- Page 3, 1. Cooperation Agreement
1.5 Development of modalities for implementing and monitoring all the agreements (art. 4.3)
Timing: D-Day + 14
Remarks: During this period, the Legal Cluster will meet to discuss proposal of AUHIP and present outcome to Lead Negotiation Panel for consideration - Related cases
No specific mention.
- Source
- Peacemaker.un.org,. 2015. 'UN Peacemaker'. http://peacemaker.un.org.
Adoption of the implementation matrix by the Sudan and South Sudan
1. The parties have adopted the attached integrated matrix to facilitate the coordinated implementation of their commitments as reflected in the agreements referred to in the cooperation agreement of 27 September 2012.
2. In particular, the parties shall be guided by the principle of good faith and the principles set forth in the preamble to the cooperation agreement.
3. This matrix shall be an integral part of the cooperation agreement.
Done in Addis Ababa, this 12th day of March 2013.
(Signed) Idris Mohamed Abdel Gader On behalf of the Government of the Republic of the Sudan
Witnessed by
(Signed) Pagan Amum Okiech On behalf of the Government of the Republic of South Sudan
(Signed) Thabo Mvuyelwa Mbeki
Chairperson
African Union High-level Implementation Panel for Sudan and South Sudan On behalf of the African Union High-level Implementation Panel
S/2013/168
13-26725
3
Implementation matrix for agreements between the Sudan and South Sudan
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
1 Cooperation agreement
1.1 Full implementation of previous agreements relating to common security, including Abyei Temporary Arrangements (art.
2.2)
Immediately
The Sudan and South Sudan
See below (sects.
2 and 3)
1.2 Ratification of the cooperation agreement by the two National
Within 40 days of signing
South Sudan and the Sudan
Both States have fulfilled this obligation
Assemblies (art.
3.2)
1.3 Completion of negotiation on disputed and claimed border areas (art.
4.1)
See below (sect.
5.4) Date to be agreed
See below (sect.
5.4) The Presidents
See below (sect.
5.4)
1.4 Determination of the final status of Abyei and consideration of formation of the Abyei Referendum Commission (art.
4.2)
To be dealt with at the level of the Presidents
1.5 Development of modalities for implementing and monitoring all the
D-Day + 14
South Sudan and the Sudan, through Legal Cluster and Lead Negotiation Panel with African Union High-level Implementation Panel (AUHIP) facilitation
During this period, the Legal Cluster will meet to discuss proposal of AUHIP and present outcome to Lead Negotiation Panel for consideration
agreements (art.
4.3)
1.6 Establishment of mechanisms and frameworks for cooperation (art.
5.1)
D-Day + 21
The Sudan and South Sudan
Legal Cluster will make proposals at the same time as the activity in 1.5.
Mechanisms to include summits and ministerial/technical meetings
1.7 Establish viable dispute resolution mechanisms (art.
5.2)
D-Day + 21
South Sudan and the Sudan
Legal Cluster will make appropriate proposals taking into account the particular provisions of each agreement, including the oil agreement
S/2013/168
4
13-26725
Timing
Number Obligation (D-Day = 10 March 2013) Responsible Remarks
2 Agreements on security arrangements
(The agreement on Modalities for the Implementation of the Security Arrangements Agreement between the Sudan and South Sudan adopted by the Joint Political and Security Mechanism on 8 March 2013 is the reference document for the timelines below)
2.1 Immediate and unconditional withdrawal of forces to their side of the safe demilitarized border zone (art.
1)
2.1.1 Immediate orders issued
D-Day + 4 D-Day + 4 D-Day + 4
South Sudan and the Sudan
2.1.2 Start of withdrawal
South Sudan and the Sudan
2.1.3 Joint Border Verification and Monitoring Mechanism to receive update from
South Sudan and the Sudan
parties and report to parties 2.1.4 Completion of withdrawal
D-Day + 7 D-Day + 14 D-Day + 14
South Sudan and the Sudan
2.1.4.1 Completion of withdrawal in the 14-mile area
2.1.5 United Nations Interim Security Force for Abyei (UNISFA) Force Commander to report to the Joint Political and Security Mechanism on withdrawal
UNISFA Force Commander
2.2 Operationalization of the Joint Border Verification and Monitoring Mechanism (art.
2)
2.2.1 Start of operationalization of the Mechanism
D-Day The Sudan, South Sudan, UNISFA
Governments of the Sudan and South Sudan agreed to the requirement of force protection battalion of 860 personnel.
Parties agreed that the Mechanism will have final strength of 90 monitors each (Joint Political and Security Mechanism decisions
18 September 2011, Security Council resolution 2024 (2011)).
They will initially deploy 70 monitors and build up this strength progressively as per progress of operationalization
S/2013/168
13-26725
5
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
2.2.2 Allocation of land for Joint Border Verification and Monitoring Mechanism Sector Headquarters in GokMachar
D-Day + 16 D-Day + 46
South Sudan
2.2.3 Initial operating capacity
The Sudan, South Sudan, UNISFA
Temporary Headquarters to be in Kadugli
2.2.4 Provision of land at Malakal and Buram for Sector Headquarters
D-Day + 30 D-Day + 60 D-Day + 90
South Sudan, the Sudan
2.2.5 Force generation for full operating capacity
The Sudan, South Sudan, UNISFA
2.2.6 Full operating capacity
The Sudan, South Sudan, UNISFA
Permanent Headquarters to be in Abyei
2.3 Operationalization of the safe demilitarized border zone (art.
2)
2.3.1 Start redeployment of forces from safe demilitarized border zone
D-Day + 7 D-Day + 26 D-Day + 33
South Sudan, the Sudan
2.3.2 Completion of redeployment of forces
South Sudan, the Sudan
2.3.3 Joint Border Verification and Monitoring Mechanism reports on
Joint Border Verification and Monitoring Mechanism
completion of redeployment
2.4 Activation of the Ad Hoc Committee (art.
4)
2.4.1 Activation of the Ad Hoc Committee D-Day + 7
South Sudan, the Sudan and UNISFA
Sector Headquarters in Kadugli and GokMachar
New sector Headquarters sites for full operating capacity are Malakal in South Sudan and Buram in the Sudan
S/2013/168
6
13-26725
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
2.4.2 Activation of the Ad Hoc Committee of the Joint Border Verification and
D-Day + 44
South Sudan, the Sudan and UNISFA
Monitoring Mechanism Sector Headquarters (in the 14-mile sector of the Mechanism) within 30 days (art.
3)
2.5 Opening of 10 border-crossing corridors (art.
5)
Immediate establishment of national technical border corridor committee in each country and preparation for Joint Technical Border Corridor Committee
D-Day + 7
The Sudan, South Sudan
2.5.1 Meeting of the Joint Technical Border Corridor Committee
D-Day + 7 D-Day + 60
The Sudan, South Sudan
Note remarks in 5.1.1;
requires coordination with Joint Border Committee
2.5.2 Establishment of necessary office and foundations
The Sudan, South Sudan
The Joint Technical Border Corridor Committee is to sit with other ministries and concerned organs to complete work on their reports to the Joint Political and Security Mechanism Co-Chairs prior to the end of January
2.5.3 Joint visit from both sides to the crossing corridors to review completion and readiness
D-Day + 70
The Sudan, South Sudan
3 Agreement on temporary arrangements for administration and security of the Abyei Area
3.1 Constitute Abyei Area Administration (art.
5)
D-Day + 7
The Sudan, South Sudan, Abyei Joint Oversight Committee
Heads of departments have been agreed
Abyei Joint Oversight Committee to constitute the Abyei Area Administration
S/2013/168
13-26725
7
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
3.2 Constitute Abyei Area Council (art.
8)
D-Day + 7
The Sudan, South Sudan, Abyei Joint Oversight Committee
The Abyei Joint Oversight Committee Co-Chairs agreed that the Sudan nomination for Chairperson of the Council adopted at the 8th Abyei Joint Oversight Committee meeting shall remain the same and can become effective only when the matter of Abyei Area Council membership has been resolved
3.3 Constitute Abyei Police Service (arts.
25 and 26)
D-Day + 30
Abyei Joint Oversight Committee
UNISFA proposal shared with the parties.
Each State to bring to Abyei Joint Oversight Committee its proposals for the composition of the Abyei Police Service, including a Migrations Unit, for discussion.
Police technical teams of the two States to complete their preparatory work by
4 Framework agreement on the status of nationals of the other State
4.1 Establishment of the Joint High-level Committee (art.
1.1)
D-Day + 7 D-Day + 14
The Sudan and South Sudan
During this period, names of nominees to the Committee are to be exchanged
4.2 First meeting of the Committee (art.
1.3)
AUHIP
AUHIP to convene meeting in Juba/Khartoum;
may amend the proposed agenda submitted in March 2012 in consultation with the parties
• Agreement on the composition of the Council.
The Committee has sent the matter to the Presidents for guidance
• The Committee is to constitute the Abyei Area Council in accordance with the guidance from the Presidents
30 March 2013
S/2013/168
8
13-26725
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
4.3 Confirmation of composition of the Committee (art.
4.3)
During 4.2
The Sudan and South Sudan
The parties have agreed to confirm the membership and number of the Joint High-level Committee at its first meeting
4.4 Accelerate cooperation to provide nationals with identity and other
After 4.2 4.2 + 60
The Sudan with South Sudan
Cooperation to be overseen by the Joint High-level Committee
relevant documents (art.
2.1)
4.5 Elaboration of Four Freedoms agreement (art.
4.3)
The Sudan and South Sudan with AUHIP facilitation
Elaborated Four Freedoms text, prepared by AUHIP, already circulated to the parties.
An annotated version to be prepared and circulated to the parties by the first Joint High-level Committee meeting.
Issue will require further consideration by the Committee
4.6 Appeal for support for documentation, if necessary (art.
2.2)
After 4.4
Joint High-level Committee and AUHIP
The requirement for support will depend on the needs assessed by the Committee.
The two States may jointly appeal for technical support through the AUHIP for their cooperative efforts.
This is without prejudice to each State’s right to solicit assistance for its own activities
5 Agreement on border issues (including demarcation) 5.1 Border management
5.1.1 Maintenance of soft border (art.
2), and facilitation of movement of people,
D-Day onwards
The Sudan and South Sudan
Principle of the soft border should inform specific policies and should be adopted by joint security, nationals and economic bodies.
Implementation will require coordination across several areas to be identified within the Joint Border Commission.
Liaison is required between the Commission and the Joint Political and Security Mechanism on opening of border crossings
goods and services
S/2013/168
13-26725
9
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
5.1.2 Establishment of Joint Border Commission (art.
17.1) and
D-Day + 14
South Sudan Sudan
and the
Five representatives and Co-chair (ministerial level) from each State have already been nominated.
First meeting to be held during this period.
Parties may wish to convene first Joint Border Commission meeting prior to Joint Demarcation Committee
subcommittees (art.
19)
5.1.3 Establishment of fund to facilitate Joint Border Commission activities (art.
28)
5.1.2 (establishment of Joint Border Commission) + 21
South Sudan Sudan
and the
Equal contributions from each party to be agreed at first meeting.
Parties may seek additional funds from third parties
5.1.4 Elaboration of Integrated Border Management Approach and relevant
5.1.2 + 30
Joint Border Commission
Ongoing process.
Internal consultations required per principles of the agreement on border issues.
Potential to work with African Union Border Programme to elaborate an Integrated Border Management Approach
policies (arts.
3, 4, 18 (2) (a)), including facilitation of cross-border trade and investment promotion
5.1.5 Management of transhumance:
development of policy and regulations
5.1.2 + 30
Joint Border Commission
Ongoing process.
Consultations required with all relevant bodies including trade and security committees and bodies
for resource management (part VII)
5.1.6 Convening of Border Governors Forum (art.
23) and subsequent coordination of Forum activities
D-Day + 30
The Sudan and South Sudan
The first meeting will present an opportunity to update Governors on relevant agreements and the work of committees.
This meeting should take place prior to first coordination meeting (c.f.
5.1.7)
5.1.7 Coordination of border management:
convening of joint meeting of the Joint Border Commission, Joint Political and Security Mechanism, Joint High-level Committee, Governors Forum, Abyei Joint Oversight Committee etc. (
art.
21)
At least twice a year
Joint Border Commission
First meeting may require session to familiarize participants with key principles and provisions of the agreement on border issues
First meeting:
between D-Day + 60 and D-Day + 90
(c.f.
5.2.2)
S/2013/168
10
13-26725
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
5.2 Boundary demarcation process
5.2.1 Establishment of Joint Demarcation Committee (art.
8.1)
D-Day + 7
Joint Border Commission
10 members, 5 from each State, including a Co-chair.
During this period names of nominees to be exchanged
5.2.2 First meeting of the Committee (art.
8.5)
D-Day + 14
Joint Demarcation Committee
Large number of issues on agenda, including escrow account (5.2.5) and question of technical support from the African Union.
Joint Demarcation Committee to reconfirm timelines from 5.2.4-5.2.7
5.2.3 Establishment of Joint Technical Team (art.
9.1)
5.2.2 (first meeting of Joint Demarcation Committee)
Joint Demarcation Committee
The Joint Technical Team is to have 80 persons, 40 from each state.
Composition to be confirmed at first meeting of the Joint Demarcation Committee.
The African Union is to provide surveyors and other technical experts to assist team
5.2.4 First meeting of the Joint Technical Team (art.
9.1)
5.2.2 + 7
Joint Technical Team
The Team will need to develop a demarcation plan, determine its operational needs and develop a programme of work
5.2.5 Development of demarcation plan (art.
10.1)
5.2.2 + 21
Joint Demarcation Committee
Parties may seek advice from African Union representatives or any other source.
Security elements of plan will require some participation of representatives of Joint Political and Security Mechanism in the planning
5.2.6 Establishment of and payment into escrow account (art.
12.3)
5.2.2 + 14
The Sudan and South Sudan
$100,000 each;
further payments following adoption of comprehensive plan.
Escrow account to be on agenda of first Joint Demarcation Committee meeting (5.2.2)
S/2013/168
13-26725
11
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
5.2.7 Commencement of demarcation (art.
7.2)
5.2.2 + 60
Joint Demarcation Committee
Timing contingent upon fulfilment of preceding steps (5.2.2-5.2.5)
5.3 Security for demarcation process
5.3.1 Submission of demarcation plan to the Joint Political and Security Mechanism (art.
13.1)
5.2.5 (development of demarcation plan) +
7 days
Joint Demarcation Committee
Security proposals should reflect the particular ethos and sensitivities of demarcation and should incorporate community sensitization to the process
5.3.2 Arrangement of security for demarcation (art.
13.2)
During demarcation
Joint Political and Security Mechanism
Security arrangements and implementation must accord with 5.3.1 and be carried out in consultation with the Joint Demarcation Committee and Joint Technical Team
5.3.3 Completion of demarcation (art.
7.1)
5.2.7 (commencement of demarcation
plan) + 3 months
Joint Demarcation Committee and Joint Technical Team
5.4 Process for settlement of status of the five disputed areas and claimed border areas
5.4.1 Written submissions provided to the African Union Team of Experts
D-Day + 66 D-Day + 21
The Sudan, South Sudan
5.4.2 Parties to determine, in consultation with the African Union Team of Experts, time frame for process of preparing non- binding opinion of Team on status of the 5 disputed areas
South Sudan, the Sudan
Parties to be convened by AUHIP
5.4.3 Completion of non-binding opinion of the African Union Team of Experts on
5.4.1 + 60
African Union Team of Experts
Parties have commenced cooperation with the experts in line with draft terms of reference for the African Union Team of Experts.
Timeline subject to change by parties pursuant to 5.4.2
the status of the 5 disputed areas
5.4.4 Consideration of opinion and preparation for negotiations
5.4.3 + 35
South Sudan and the Sudan
S/2013/168
12
13-26725
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
5.4.5 Conclusion of discussions on the
5 disputed areas (para.
3.1.1 Heads
5.4.4 + 35
Lead Negotiation Panel
Discussions shall be with the facilitation of AUHIP.
If there is no settlement within this period, the parties shall:
of State Summit Outcome document)
5.4.6 Agreement on process for settling status of claimed areas
5.4.5 + 20
The Presidents
In line with para.
3.1.1 of the
5 January 2013 Summit Outcome document (confirmed by the Summit meeting of 25 January 2013)
6 Agreement on trade and trade-related issues
6.1 Establishment of Joint Ministerial Committee on Trade Relations (art.
3.1) and preparations to establish the Joint Technical Committee on Trade Relations
D-Day + 5
The Sudan and South Sudan
Goal is to agree trade policy and framework of cooperation between the parties, including both existing and future agreements that would enhance and facilitate trade.
The parties may request assistance from the African Development Bank (AfDB), which provided them with a consultant at earlier stages, as well as the Common Market for Eastern and Southern Africa (COMESA) and other regional organizations
6.2 First meeting of Joint Ministerial Committee on Trade Relations (art.
3.2)
D-Day + 20
Joint Ministerial Committee on Trade Relations
• Extend the period for discussion, or
• Refer the matter to arbitration, or
• Refer the matter to any other binding settlement process
S/2013/168
13-26725
13
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
6.3 Establishment of Joint Technical Committee on Trade Relations (art.
5.1)
D-Day + 20 D-Day + 95
Joint Ministerial Committee on Trade Relations
6.4 Preparation of draft agreement on customs (art.
4.3)
Joint Ministerial Committee on Trade Relations
Consider adopting terms no less favourable than those among the member States of COMESA.
May seek assistance from African Development Bank or COMESA
6.5 Establishment of mechanisms for data-sharing (art.
7)
D-Day + 40
South Sudan and the Sudan
7 Agreement on a framework for cooperation on central banking issues
7.1 Establishment of Joint Central Banks Committee (art.
1.1)
D-Day + 5 D-Day + 20
The Sudan and South Sudan
Committee should support financial stability and sound banking practices, including systems for facilitation of payments and financial transactions.
It would be most appropriate for this Committee and the trade-related committee to arrange a joint meeting on issues of mutual relevance.
As also envisaged in the borders agreement, it might also be useful to include a “soft border” element in such a meeting.
One or all multilateral development banks can be requested to provide assistance (see 5.1.1 and 5.1.7 above)
7.2 First meeting of the Committee (art.
1.2)
Joint Central Banks Committee
7.3 Consider mechanisms to give effect to articles 3.1 and 3.4 of the Agreement for Cooperation on Central Banking Issues
To be determined by the Joint Central Banks Committee
Bank of South Sudan and Central Bank of Sudan
See also items 7.1 and 9.3
7.4 Facilitation of reconciliation of the inter-bank accounts (art.
3.5)
D-Day + 40
Bank of South Sudan and Central Bank of Sudan
S/2013/168
14
13-26725
Timing
Number Obligation (D-Day = 10 March 2013) Responsible
Remarks
8 Framework agreement to facilitate payment of post-service benefits
8.1 Payment by the Sudan of all post-service benefits and arrears due,
Immediate Existing/continuing obligation
The Sudan
In accordance with applicable laws
including to South Sudan citizens (art.
2.1)
8.2 Payment by South Sudan of all post-service benefits and arrears due,
Immediate Existing/continuing obligation
South Sudan
In accordance with applicable laws
including to Sudan citizens (art.
2.2)
8.3 Establishment of Joint Ministerial Committee on Pensions (art.
3.1)
D-Day + 5
The Sudan and South Sudan
Committee should be established at the earliest convenience to deal with this critical issue.
Both parties were anxious to move even before ratification of agreement since there is ongoing communication between the pension agencies of the parties
8.4 First meeting of the Joint Ministerial Committee on Pensions (arts.
3.2, 4.2)
D-Day + 20
Joint Ministerial Committee on Pensions
May request support from or refer disputes to the International Labour Organization or other relevant organization as agreed
8.5 Establishment of Joint Technical Committee on Pensions (art.
5.1)
D-Day + 30 D-Day + 45
Joint Ministerial Committee on Pensions
Critical actions include identification of eligible beneficiaries and calculation of benefits
8.6 First meeting of the Joint Technical Committee on Pensions (art.
5.4)
Joint Technical Committee on Pensions
It is important for this Committee to begin its work as soon as possible in the light of outstanding arrears to eligible pensioners
8.7 Completion of Joint Technical Committee on Pensions tasks in
D-Day + 395
Joint Ministerial Committee on Pensions
accordance with its mandate including reconciliation of any incomplete files (arts.
4.8, 6)
D-Day + 75 for reconciliation of files
S/2013/168
13-26725
15
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
8.8 Establishment of mechanisms for data- sharing (art.
7)
D-Day + 100
South Sudan and the Sudan
This is a key element in the work of the Committees.
A suitable protocol for sharing of information should be developed as soon as possible
9 Agreement on certain economic matters:
division of assets and liabilities, arrears and claims and joint approach to the international community
9.1 The Sudan to provide South Sudan any part of an archive which is required for the normal administration of the territory of South Sudan or which relates directly to the territory of South Sudan;
the best available evidence from its State archives, including maps and other documents, relating to title to the territory of South Sudan and its boundaries;
and such other information as is necessary to clarify the meaning of archives that pass to South Sudan
D-Day + 120
The Sudan
While timing is not specified, appropriate modalities are required between archives organizations of the parties as specified below
(arts.
4.2.1-4.2.2)
9.2 Establishment of Joint Archives and Cultural Heritage Committee and repatriation archives and cultural property (arts.
4.2.1, 4.3.1, 4.3.5)
D-Day + 30
South Sudan and the Sudan
Considered to be ongoing ministry-to- ministry activity.
Digital copies to be made of documents referring to normal administration.
Explanatory letters could be sent to responsible ministries by the lead negotiators
9.3 Take such actions as may be necessary, including establishment of mechanisms to assist and facilitate private claims (art.
5.1.4)
D-Day + 90
The Sudan and South Sudan
Requires appropriate coordination between the respective Ministries of Justice
Letters could be sent by the lead negotiators to responsible ministries
S/2013/168
16
13-26725
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
9.4 Establish a tripartite committee comprising 2 representatives each from the parties and 1 representative from AUHIP to prepare modalities for carrying out the joint approach to the international community to seek economic assistance, including debt relief (arts.
3.1, 6)
D-Day + 7
The Sudan, South Sudan, AUHIP
9.5 AUHIP to prepare and furnish to the parties initial proposals on the
D-Day +30 Ratification + 2 years
AUHIP The Sudan
modalities referred to in 9.4 above
9.6 The Sudan to take all necessary action to reach Heavily Indebted Poor
The Sudan continuation of ongoing consultations required with the International Monetary Fund, the World Bank and AfDB on progress, as well as implementation of the joint approach to the international community, as appropriate
Countries Initiative decision point (art.
3.1.4 (a))
10 Agreement concerning oil and related economic matters
10.1 The Sudan to sell oil on-board tanker Isis and transfer proceeds to South
Not applicable Not applicable D-Day +14
The Sudan The Sudan South Sudan
Completed
Sudan (art.
13.1)
10.2 The Sudan to direct funds deposited at High Court in London related to vessel RatnaShradha (art.
13.2)
Completed
10.3 South Sudan to instruct oil companies to re-establish oil production (art.
15.1)
Resumption of production shall take place as soon as technically feasible.
The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art.
15.1)
S/2013/168
13-26725
17
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
10.4 The Sudan to instruct oil companies to re-establish oil processing and
D-Day + 14
The Sudan
Resumption of processing and transportation shall take place as soon as technically feasible.
The parties have the responsibility to see to it that the relevant operators will plan and conduct the actual start-up in a technically and environmentally sound manner and in accordance with international best practices (art.
15.2)
transportation (art.
15.2)
10.5 Review of existing metering system (art.
7.1)
Prior to resumption of production
The Sudan and South Sudan, relevant operating companies
Both parties have conducted the review within their respective territories.
The parties shall jointly and together with the operating companies review and ensure that effective metering facilities necessary to carry through the payment obligations and other provisions of this agreement are installed and in operation prior to the resumption of oil production in South Sudan (art.
7.1)
10.6 Establishment of Joint Cross-Border Cooperation Committee (art.
9.1.2) and entry into agreements to facilitate movement and security of personnel
D-Day +14
South Sudan and the Sudan
To be done jointly with the operating companies
10.7 Establishment of the Petroleum Monitoring Committee (art.
10.1)
D-Day + 14
South Sudan, the Sudan, African Union
It is the responsibility of the African Union Commission to appoint an international Chairperson for the committee after consultation with both parties.
Both parties have submitted observations on their preferred candidates to AUHIP.
Both Governments have already appointed their members to the Petroleum Monitoring Committee
D-Day + 60 for agreements
S/2013/168
18
13-26725
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
10.8 Conclusion of processing agreements (art.
3.3 (a))
D-Day + 150 D-Day + 150 D-Day + 150
South Sudan, the Sudan
Processing agreements between South Sudan and the Sudan
10.9 Conclusion of transportation agreements (art.
3.3 (b))
South Sudan, the Sudan
Transportation agreements between South Sudan and the Sudan
10.10 Development of quality adjustment procedures for the Greater Nile Petroleum Operating Company
The Sudan and South Sudan, relevant operating companies
To be signed by the parties and operating companies.
If not completed within this deadline, the Petroleum Monitoring Committee shall appoint a technical expert to assist in the development of such procedures
transportation system (art.
8.1)
10.11 The parties to discuss the Sudapet issue with the aim of reaching an agreement
D-Day+5to D-Day + 65
The Sudan and South Sudan
(art.
14)
10.12 Establish a joint committee that will be responsible for developing proposals for a resolution to the Sudapet issue for consideration by the parties
D-Day + 7
The Sudan and South Sudan
10.13 The parties will jointly inform the International Centre for Settlement of
D-Day + 10
The Sudan and South Sudan
Investment Disputes of the above decisions and indicate their agreement to suspend the arbitration process for a period of 60 days
10.14 Transfer of data from the Sudan to South Sudan (art.
17)
D-Day + 150 D-Day + 60
The Sudan The Sudan
10.15 Agreements for payment by the Sudan to operating companies for processing
and transportation (art.
6.1.7)
10.16 Review of the need for additional metering facilities (art.
7.2)
D-Day + 150
South Sudan and the Sudan, relevant operating companies
S/2013/168
13-26725
19
Number Obligation
Timing
(D-Day = 10 March 2013)
Responsible
Remarks
10.17 Establishment of two subcommittees of the Petroleum Monitoring Committee
D-Day + 60
Petroleum Monitoring Committee
The technical and financial subcommittees shall monitor oil operations and review all monthly reports, and should be operational as soon as possible after resumption of oil production
(art.
10.4)
10.18 Either party may exercise option to nominate representatives (observers) to be located at facilities within the territory of the other State (art.
11)
Any time during the duration of the Agreement
South Sudan and the Sudan
It is the decision of each party if and when it wants to nominate its representatives.
Responses to nominations should be received within 30 days.
The Petroleum Monitoring Committee should ensure that a party does not unreasonably withhold the approval of the other party’s representatives
10.19 Adoption of detailed agreements (art.
20)
D-Day + 150
The Sudan and South Sudan
Refer to separate list
10.20 Payment of TFA (arts.
4.4, 5.2)
Within 40 days from date of bill of lading
South Sudan