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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Protocol between the Government of the Sudan and the Sudan People's Liberation Movement (SPLM) on Power Sharing
Record 504

Country :

Sudan

Agreement Title/Name:
Protocol between the Government of the Sudan and the Sudan People's Liberation Movement (SPLM) on Power Sharing
Year :
2004
Date Signed :

26 May 2004

Summary :

Agreement to set out the modalities and implementation of the Agreed Principles in the Machakos Protocol of 20 July 2002.


Parties :
Government of Sudan, Sudan People's Liberation Movement (SPLM)
Third Parties :
Statehood/Identity :
Recognize sovereignty as well as need of autonoy of the Government of Souther Sudan and States throughout Sudan (art 1.4.1).
Governance/Democratic Inst :
National government will exercise authority to protect and promote the national sovereignty of Sudan and the welfare of its people. Southern Sudan level of Governmetn shall exercise authority in respect of the people and States in the South. Elections at all levels of governmetn to legitimate them (1.4.6). Popular census and elections to be held (1.8). National Legislature and a Council of States. Proportinate representation specificed for period prior to elections (2.25). As regard executive, until electiosn the incombent President is to be President and the current SPLM chairman First Vice President (art 2.3.5) and at the same time President of Governmetn of Southern Sudan, and Commander-in -Chief of the Sudan People's Liveration Army. Khartom is national capital. During the Interim Period, there is to be a Government of National Unity (2.5). Sets out the detail of the Governmetn of Southern Sudan, and at the State level. Schedules provide for a detailed listing of powers.
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Parties agree to initiate a comprehensive proess of national reconciliation and healing (art 1.7).
Criminal Justice Reform :
Art 10 provides for a National Judiciary and Constituitonal Court. Sets out the judiciary of Southern Sudan (3.7), and at state level (4.6).
National Human Rights Inst :
A special commission is to be appointed by the Presidency to ensure that the rights of non-Muslims are protected and not adversely affected by Sharia Law in the Capital (2.4.6). A National Constitution review Commission is to be setablished, an Impartial and representative national Electoral Commission, a Human Rights Commission, a National Judicial Service Commission, a National Civil Service Commission, and an ad-hoc Commissionto monitor and ensure accuracy, legitimacy and transparency of refereundum for people of South Sudan (2.10.1)
Human Rights Framework :
Affirm need for norms and standards to reflect the unity of the country (1.4.2), and th eneed to protect human rights and fundamental freedoms (1.4.3). Art 1.6 lists treaties for the Republic of Sudan, including all levels of Government to comly with; calls for Sudan to ratify other human rights treaties which it has signed (art 1.6.1). Lists the specifc rights to be enjoyred ((1.6.2). Human rights to be guanteed in national capital (2.4.3). Principles are set out (2.4.5) for judges and law enforcement agents. 2.8 Languague provisions. There is to be a constitutional Review Process (2.12) undertaken by a National Constitutional Review Commission. Conflicts between jurisdiction are to be decided with regard to, interalia, the need to promote the welfare of the people and to protect each person's human rights and fundamental freedoms (Schedule F).
Judicial Reform :
Art 10 provides for a National Judiciary and Constituitonal Court. Sets out the judiciary of Southern Sudan (3.7), and at state level (4.6).
Policing :
Law enforcement agendcies to be representative of the poipulation and trained to cultural, religious and social diversity of Sudanese.
Refugees/Land :
Not Applicable
Civil Society :
1.4.4. recognition of the need for the involvement and participation of the people of South Sudan at all levels of govt and national institutions as an expression of the national unity of the country; 2.12.10, the National Constitutional Review Commission shall be responsible for organizing an inclusive Constitutional Review Process. The process must provide for political inclusivenes and public pariticipation.
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
International Community :
UN Involvement :
Source :
UN Peacemaker


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