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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : The Implementation Modalities of the Protocol on Power Sharing, dated 26th May, 2004
Record 581

Country :

Sudan

Agreement Title/Name:
The Implementation Modalities of the Protocol on Power Sharing, dated 26th May, 2004
Year :
2004
Date Signed :

31 December 2004

Summary :

The Implementation modalities of the Machakos and power sharing protocols; agreement involves establishing govt of national unity (GONU) and Govt of Southern Sudan (GOSS), affording the right of self-determination to the people of Southern Sudan to be decided by plebiscite further to the terms of the agreement. Sets out power map and governance structures for Sudan. Provides for power-sharing (part 1)


Parties :
Govt of Sudan, Sudan People's Liberation Movement/Army
Third Parties :
Statehood/Identity :
Protocol 1. provides for self-determination referendum for the people of South Sudan; 4. provides for 'Improvement of Institutions and arrangements created under the Agreement to making the unity of Sudan attractive to the people of Southern Sudan; 35. provides for development and promotion of national languages and establishment of a council to develop and promote national languages; 46. provides for determination of the North/South border of 1/1/1956; 56. provides for establishment of Abyei Area Council; Annex B.1. provides for establishment of Abyei Boundaries Commission and Abyei Referendum Commission; Annex C-2 president to decide whether to put special administrative status of Abyei Area into effect
Governance/Democratic Inst :
3. provides for adoption of interim national constitution (INC); Power-sharing Part 1. provides for political parties act; 9. provides for enactment of national electoral law and establishment of National Electoral Commission, and general elections comprising elections for state governors, national assembly, the legislature of Southern Sudan, and state legislatures all over Sudan, and presidential elections and election to President of Southern Sudan; Part II: establishes the Council of States to comprise reps from each state plus observers from Abyei Area, to function as upper chamber; 12. provides for establishment and convening of national assembly; 13. Joint Constitutional Task Team to draft constitutional text and decide relationship between upper and lower chambers; 19. the jurisdiction of the Ministry of Defence shall not extend to the SPLA, and the jurisidiction of the Ministry of Guidance and Endowment and the Ministry of Federal Governance shall not extend to the Southern States; 26. sets out allocation of seats of the national executive (power-sharing); 28. provides for National Civil Service Commission; 41. establishment and composition of the National Constitutional Review Commission; 45. provides for organization of an inclusive constitutional review process; establishment of an inclusive South Sudan Constitutional Drafting Committee; 48. provides for establishment of the First Sudan Assembly, and 51. council of ministers of GOSS, and 54. appointment of state governors and 55. state legislatures; 56. provides for establishment of Abyei Area Council; Appendix A: functions of the first vice president, and B. the appointments that the President is required to make; Appendix D lists clusters of ministries
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
7. provides for National Reconciliation and Healing Process (NRHP) engaging media, educational institutions, political conferences and campaigns, civil society orgs, religious and tribal leaders, etc.
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
37. establishes constitutional court and the national judicial service commission, and 39. governs the Southern Sudan representation in Constitutional Court, national Supreme Court, and other national courts in the capital; 52. establishes judiciary for Southern Sudan, and 53. president and justices of the Southern Sudan Supreme Court, Courts of Appeal, and judges of other courts
National Human Rights Inst :
23. provides for appointment of a special commission to ensure that rights rights of non-Muslims are protected in the national capital; 35. provides for establishment of a council to develop and promote national languages; 36. establishes Human Rights Commission;
Human Rights Framework :
24. provides for establishment of mechanisms to guarantee rights of non-Muslims in the national Capital; 29. provides for mechanism for operationalizing affirmative action
Judicial Reform :
37. establishes constitutional court and the national judicial service commission, and 39. governs the Southern Sudan representation in Constitutional Court, national Supreme Court, and other national courts in the capital; 52. establishes judiciary for Southern Sudan, and 53. president and justices of the Southern Sudan Supreme Court, Courts of Appeal, and judges of other courts
Policing :
22. deals with representation of the people of Sudan in the law enforcement agencies in the National Capital and provision for their adequate training.
Refugees/Land :
Annex B.1: national land commission to be established
Civil Society :
7. provides for civil society role in National Reconciliation and Healing Process (NRHP)
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
5. provides for guarantees to safeguard agreement against unilateral revocation or abrogation, to be enforced by the parties, IGAD and the international community; 10. Provides for review of the feasability of dates set for census and elections; 40. provides for submission and approval of the CPA to the National Assembly and the National Liberation Council (IGAD to oversee); Annex B.1: establishment of an Independent commission to assess and evaluate the implementation of the Peace Agreement in the States of Southern Sudan and Blue Nile.
International Community :
throughout, intl community to fund implementation; 5. provides for guarantees to safeguard agreement against unilateral revocation or aborgation, to be enforced by the parties, IGAD and the international community; 40. IGAD to oversee submission and approval of CPA to national Assembly and national liberation council
UN Involvement :
5. UN peace support mission of the Ceasefire agmt to support enforcement
Source :
USIP


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