The presidency of the Republic of Sudan.

Implementation of the CPA: Progress Report

Thursday 20 September 2007

Firstly: Implementation Progress (Updated to 20th August 2007)

1.    Approval of the CPA
Both the former National Assembly and the Liberation council of the SPLM approved the CPA in Jan 2005.

2.    Power sharing Protocol National Level 

-         Interim national Constitution (INC):

a.    The two parties , in accordance with the CPA prepared a draft interim National Constitution.
b.    The National Constitution Review Commission (NCRC) was established on 30th April 2995. it accomplished its mandate by adopting the daft interim national constitution on June 18th 2005.
c.     Seventeen parties and political institutions participated in the work of the National Constitution review commission that prepared the draft constitution.
d.    Both the former National Assembly and the liberation council of the SPLM approved the interim National Constitution.
e.     The president of the republic singed the interim National Constitution on the 9th of July 2005.

-         appointment of the two Vice Presidents:

On the 9th of July 2005 the president of the republic issued a presidential decree appointing the first vice president and the vice President. They both were sworn in on the same day.

-         Government of National Unity:

a.     The government of national unity was appointed on the 20th September 2005 and sworn in on the 22nd.
b.     The government of National Unity is composed of 14 parties and political Organizations.

-         The National Assembly:

a.     The National Assembly is composed of 450 seats representing 17 parties and political organizations
b.     The Assembly held its inaugural session on the 31st of August 2005.

-         The Council  of States:

a.     The Council of states is composed of 50 members, two for each state in addition to two observers members representing Abyei Area, are yet to be  appointed.
b.     The Council of states held its inaugural session on the 31st of August 2005.

-         The Assessment and Evaluation Commission (AEC):

a.     On the 30th of Oct. 2005 a presidential decree was issued establishing  the AEC.
b.     On the 1st of Nov. 2005 a presidential decree was issued appointing the members of the commission.
c.      The commission inaugurated its functions in the presence if the International Community representatives.
d.     The Ruled of procedures of the Commission had been approved by the Presidency.
e.     The Commission held seventeen meeting.
f.      The Commission formed four (4) working for the protocols of the CPA which are meeting and reporting regularly to the AEC.

-         The Committee to Draw the 1/1/1956 Borders between North and South Sudan:

a.     The presidential decree to establish the committee was issued on 8th Sept. 2005.
b.     On 20th Nov. a presidential decree appointing the chairman and members of the commission was issued.
c.      The committee held its first meeting on Thursday the 9th of March 2006. and continued to hold its regular meetings.
d.     The committee approved its budget and its rules of procedure had been approved by the presidency.
e.      The committee set out a plan of actions for the coming period and started it by tours to the Juba and states.
f.       For the purpose of data collection members of the committee will pay visits to UK and Egypt.
g.     Technical equipments, determined by the committee, have been imported.
h.     The committee finished most of the primary field work.
i.       The committee visited UK and Egypt to collect more data.
j.       The committee will submit its report by February 2008 as decided by the presidency.

-         The Judicial Service Commission:

a.      following the adoption by the National Assembly of the judicial service commission Act on the 14 of Sept.2005, the National Assembly and the council of states joint committee decided that the act does not adversely affect the interests of the states, and the president of the republic approved it on the 5th Oct.2005.
b.     On the 6th of Dec.2005 the presidential decree appointing the chairperson and members of the commissions was issued.
c.      In its 1st meting the commission referred its nominations of the constitutional court to the Council of States. The commission holds regular meetings.

-         The Constitutional Court:

a.      following the adoption by the National Assembly of the constitutional Court Act on the 19th of Sep.2005, the National Assembly  and the council of states joint committee decided that the act does not adversely affect the interests of the states, and the president of the republic approved it on the 9th of Nov.2005.
b.     In accordance with the recommendation of the Judicial service Commission and approval of the council of states the president issued on the 24th of Dec. 2005, a  republican decree appointing the president and members of the Constitutional Court.
c.      The president and members of the Constitutional Court were sworn in on and commenced their functions.

-         National Population Census Council:

a.     Prior to tie establishment, since the Pre-Interim period the census bureaus of GOS and GOSS met regularly inside and outside Sudan together with UNFPA to prepare the ground for the census.
b.     A Presidential decree establishing the council was issued on the 7th of AJn.2006.
c.      The council held its first meeting on the 7th of  March 2006.
d.     The council approved the proposal of the organizational setup of the census including the formation of the national technical committee (NTC).
e.      The second meeting of the council is scheduled on the19th July 2006.
f.       Estimated budget for fifth National census will be 73 million USD. Out of this the government of national unity will contribute 40 million USD and the rest will be contributed by the donors through the MTDF.
g.     The pilot census propjet took place between the 15th d 30th of April 2007. the pilot project evaluated and learned lessons are drawn.
h.     Enumeration will take place in 2nd of February 2008.

-         The National Constitutional Review Commission (NCRC):

a.      A presidential decree was issued on the 7th of January 2006 for the purpose of restructuring it according to the power sharing formula and in accordance with the interim National Constitution.
b.     A joint committee between the NCP and SPLM will jointly address the political parties on their participation in the commission.
c.      A presidential decree was issued on the 29th of April 2006 appointing the members and c0-charies of the NCRC.
d.     The NCRC convened and passed four bills: the political parties act, civil commission Act, the Human rights commission Ac and the council for development and promotion of national languages Act.
e.      Underway are the bills of the national land commission and the National Electoral Law (National Electoral Commission).

-         Representation in the Administration of the National Capital:

a.      An agreement has been reached within the presidency.
b.     The governor of Kahrtoum state formed the state Govt. after the adoption of the state constitution according to the agreement reached.

-         Special Commission to ensure the right of non-Muslims in the National Capital:

a.      There is an agreement within the presidency to establish the commission and consultations are underway  for its formation.
b.     Criteria of appointing members of the commission approved the presidency.
c.      The presidential decree establishing the commission is issued.
d.     The presidential decree appointing the chairman and the members of the commission is issued.
e.      The commission is convening regularly.
f.       Both the commission budget and its internal rules and regulation are approved by he presidency.
g.     The commission adopted a work plan to guide its work.

-         The National civil Service Commission:

a.      A preparatory team presented a first draft after consultations during which national and international experts participated.
b.     A draft act has been presented to the presidency.
c.      The National Assembly passed the bill received from the NCRC and the council of ministers.
d.     The presidential decree appointing the chairman and the members of the commission is issued.
e.      The commission  held its first  meting on 21st of August 2007.

-         Repatriation of the Refugees:

a.      Tri- partite agreements had been signed by GONU. UNHCR and neighboring countries to facilitate the repatriation of the Sudanese refugees.
b.     Some preparations between the relevant government and authortiese are underway to facilitate the rese4ttlement of the displaced to the south and other war affected areas.

-         The National Security Service /National Security Act in Accordance with the Interim National Constitution:

a.      Consultations are underway between the two parties. A number of meetings and workshops have been held on the issue.
b.     Deputy director of the intelligence and security bureau had been  appointed from the SPLM. 
c.      One hundred and seven (107) officers from SPLM were appointed by the president of the republic in the intelligence and security bureau.

3.    Southern Sudan Level:

-        Vice – President of the GOSS

The first vice  president and president of the government of southern Sudan (GOSS) appointed the Vice-president of the GOSS.

-         The provisional government for Southern Sudan:

Pending the adoption of he southern Sudan constitution, the first vice president and   president of GOSS appointed a caretaker government to run the regions affairs.

-         The Transitional legislative Assembly for Southern Sudan :

a.      The first vice president, president of the GOSS appointed the Transitional National Assembly for southern Sudan.
b.     The Assembly is composed of 170 members represnting 8 parties.

-         The Interim Constitution for Southern Sudan:

a.      A committee of the SPLM prepared the draft southern Sudan constitution. Some discussions around it were conducted with the NCP.
b.     The southern Sudan assembly adopted the Southern Sudan Constitution.
c.      The ministry of justice issued the certificate of compatibility with National Constitution.
d.      He first vice president and president of the government of the southern Sudan signed the Southern Sudan constitution.

4.       State Level:

-         Appointment of government in the north and south:

Governors for both northern and southern states were duly appointed.

-         Legislative Assemblies for States in the North and south:

Legislative Assemblies for the States in both North and south have been formed.

-         Model Constitution:

The national constitutional review commission prepared a model constitution to guide the states in promulgating their own constitutions.

-         State Constitutions:

a.      North: all northern states have adopted their constitutions and their governors have signed them.

b.      South:
1.    All legislative Assemblies in southern states passed the draft of their constitutions  which had been sent, through government of southern Sudan, to the national ministry of justice for compatibility certificate.
2.    The national ministry of justice issued a compatibility certificate to the constitution of the state of eastern Equatorial, where the other nine southern state constitutions were sent back to the states legislative assemblies to consider some observation regarding the compatibility of the interim National Constitution and the southern Sudan constitution.  
3.    The two authorities reached an agreement in which they adopted a model constitution for the southern Sudan states.

-     State Governments:

a.     North: all states have formed their state governments.

b.    South: pending the adoption of their constitutions caretaker    government have already been appointed for southern states.

5.       Wealth Sharing Protocol:

-         Joint National Transitional Team: (JNTT)

a.      The JNTT has been established to follow up the donors assistance flow according to the pledges made in OSLO conference to meet the needs estimated by the joint assessment mission (JAM).
b.     After the formation of the GONU it was agreed to restructure the JNTT.
c.      On the 5th of Dec.2005 a presidential decree was issued appointing the JNTT and its executive committee.  
d.     Prepared in collaboration with the World Bank and the international community for a consortium on Sudan to be held in Paris on the 9th of March 2006.  
e.      The JNTT  held its regular meetings to follow-u the inflow and the use of the  pledged donations and to prepare  for the donors consortium meeting to convene in Khartoum and Juba on 20th of March 2007.

-         Multi – Donor Trust Funds (MDTFs):

With the participation of the two parties and the international community to MDTFs have been established for the north and south respectively.

-         National Petroleum Commission (NPC):

a.         A presidential decree was issued on 30th Oct. 2005 establishing the national petroleum, commission.
b.        On the 1st of Nov.2005 a presidential decree named the members of the NPC.
c.         The NPC held its first meeting on the 26th of Nov.2005.
d.        The two parties agreed on the mechanism of negotiating new oil contracts and the formation and duties of the secretariat.
e.         The Rules of procedures of the commission have been signed by the co-chairs.
f.          The commission managed to solve the problem in block 5 and block B along the line of the CPA (the protocol of wealth sharing) and taking into consideration the recommendations of the executive committee that established by the joint meeting of the two parties.

-         The joint Committee for Monitoring and Calculation of the Oil Net Revenue:

a.     Due consultations between the ministry of finance (MF) and GOSS were held.
b.    Discussions were conducted on the issue and agreement on the price of the petrol barrel was reached for the purpose of the 2006 budget.
c.     Pending the establishment of the committee and ad-hoc joint technical committee looked into the production of oil and net revenue for the year 2005 and January 2006 and the shares of GOS, GOSS and producing states the report of the ad-hoc committee had been presented to the presidency of the 4th of March 2006 by the minister of finance, state minister of finance, southern Sudan minister of finance and the governor of the Central Bank.  
d.    The presidential decree to establish the committee was issued on 25th of February 2006.
e.     The committee issued its monthly reports on the share of the government of southern Sudan and the three producing states up to July 2007.

-         The Fiscal and Financial Allocation and Monitoring Commission (FFAMC):

a.       The presidential decree establishing it was issued on 15 Nov.2005.
b.      The presidential decree appointing the chairman and members of the commission was issued on the 20th of Nov.2005.
c.       The convening of the commission has been delayed because the appointment of some the finance state ministers have not been completed early enough and the chairman of the commission was contributing to Abuja talks for a while.
d.      The commission held its first meeting and its Rules of procedures had been approval by the presidency.
e.       Experts have been appointed to assist the commission.
f.        The president issued a second decree to accommodate Darfur and East agreements.
g.       For the purpose of 2007 budget, the commission sent to the presidency its proposal on the vertical allocation between the federal government and the northern states.

-         Board of Directors of the Center Bank:

a.     Following the adoption by National Assembly of the Central Bank Act on the 25th of Sep.2005, the National Assembly and the Council of states joint committee decided that the act does not adversely affect the interests  of the states , and the president of the republic approved it on the 15th of Oct.2005.
b.    A presidential decree appointing two deputy governors of the Central Bank was issued on Nov.2005.
c.     A presidential decree appointing the chairperson and members of the board of directors was issued on 20th Nov.2005.
d.    The Board held two meetings and presented a report to the presidency on the establishing of a branch of the Central Bank in the south and issuance of he new currency.

-         Issuance if the New Currency:

a.       Consultations started following the signing of the Peace Agreement  within a joint committee of the Central Bank and SPLM before the formation of GOSS.
b.      It was agreed to print a new currency.
c.       The design of the new currency should be called THE POUND and that each pound will be equivalent to one hundred Dinars of the existing currency.
d.      As donors are largely behind fulfilling their commitments, it was agreed by the presidency to finance it from the OSA on loan basis.
e.       On the 9th of January 2007 the Central Bank introduced the new currency giving priority in the replacement process to the south.
f.        The replacement process all over Sudan will continue up to 31st August 2007 where the dinar will be declared no legal tender.   

6.         Resolution of the Conflict in Southern Kordofan and Blue Nile States:

a.     All mentioned under state's level apply to both states.
b.     A presidential decree established an assessment and evaluation commission for each state to assess and evaluate the implementation of the comprehensive peace agreement in each of the two states.
c.     The state land commission is awaiting the formation of the national land commission.

7.         The Security Arrangements:

-         The ceasefire Political Commission (CPC):

a.           A presidential decree was issued establishing the commission which comprises of the two parties and UN with observers from the IGAD and IGAD partner forum (IPF).
b.          A presidential decree was issued appointing its members.
c.           The commission held its first meeting on the 24th of February 2006.
d.          The commissions issued its rules of procedures. 
e.           The commission received regular reports on the work of the ceasefire joint military committee (CJMC) which is composed from SAF, SPLA and (UNIMUS) in ten regular meetings.
f.            According to the CJMC report dated 20th of August 2007 the status of redeployment of both SAF and SPLA is as follows:
1.    The initial state of SAF south line 1/11956 is 46.403:
a.           SAF states that 40.539 (including their component in the JIUS) are redeployed to north line 1/1/1956 amounting to 87.4% .
b.          CJMC   verified that 40.359 (including SAF component in the JIUS) of SAF  troops are redeployed to north line 1/1/1956 amounting to 87.4%.
2.    The initial state of SPLA north line 1/11956 is 59.186:
a.           SPLA stated that 19.305 (including their component in the JIUS) are redeployed to south line 1/1/1956 amounting to 32.6%.
b.          CJMC verified that 4.081 (including SPLA component in  the JIUS)  of SPLA troops are redeployed to south line 1/1/1956 amounting to 6.9%.
c.           The commission supervises the work of the other armed groups collaborative.

-         The joint Defense Board (JDB):

a.      following the adoption be National Assembly of the joint integrated units act on the 19th of Dec.2005, the National Assembly and the council of states joint committee decided that the act does not adversely affect the interests f the states, and the president of the republic approved it on 20th Dec.2005.
b.     A presidential decree was issued appointing the chairperson and member of the Board.
c.      The council held its regular meetings.
d.     The commander and deputy commander of the joint integrated Unites had been appointed.
e.      The board appointed  its technical committee.
f.       The board presented two progress report to the presidency.
g.      The board approved the military doctrine and the  joint training program for the JIUS.

-         The Joint Integrated Units (JIUs):

a.     the troops of both parties are now re-deployed according to the cease-fire agreement in most of their gathering locations including Khartoum and Juba as a prelude to the formation and merger of the joint integrated units after the adoption of the establishment Act has been issued.
1.    The headquarters of SAF in Juba, Waw and Malakal have been shifted to the JIU command.
2.    According to the CJMC report dated 20th of August 2007 the status of deployment of the joint integrated units (JIUs) is as follows:
a.     SPLA deployed  77.7% of their target troops in the JIUs.
b.    SAF deployed 82.5% of their target troops in the JIUs.

-         The other Armed Groups Collaborative Committee (OAGCC):

a.     established as an ad-hoc committee, by the two parties, after signing the CPA and reconstituted by the CPC in 2006.
b.    It includes an observer from UNIMUS.
c.     Held six (6) meetings, recorded and  observed with the UNIMUS the alignment of the (OAGs) with the forces of the two parties and realignment and incorporation in the forces.
d.    Continuing to tackle the issue of the remaining forces from some OAG.
e.     Co-coordinating with the DDR commission to organize the reintegration program.

-         The National Council for De-mining:

a.     two presidential decrees one establishing the council and the other appointing its chairperson and members were issued.
b.    The council held its first meeting on the 7th of March 2006.
c.     The council endorsed the framework of the national strategy of De-mining.

-         National Council for DDR:

a.      Prior to the establishment of the national, north and south DDR commissions ad-hoc committees had been formed and were functioning since the Pre-Interim period.
b.     The presidential decree establishing the national DDR council issued on the 15th of February 2006.
c.      Northern and southern Sudan commissions for DDR had been established.

Secondly: Parts of the CPA (Under Implementation Unimplemented yet):  

1.    Abyei Protocol:

The leadership meeting of the two parties place four (4) options for a final solution of the disagreement on the border of Abyei area (1905) before the presidency which in it's turn passed it to the joint political committee for consideration and recommendation. The options are (apolitical solution or consideration by the constitutional court or arbitration or inviting the experts to defend their report concerning the borders of the area).

2.    Information campaign:

support for comprehensive and intensive efforts to activate the information campaign in all languages to popularize the CPA, foster the national unity, reconciliation and mutual understanding (The two parties at all levels of government).

3.    Social Healing Process:

support for effective political and financial backup to the national; reconciliation and social healing process(The  two parties at all levels of government).

Thirdly: The Political Partnership Between The NCP the SPLM 

The two met from 27-29 May.2006 at the Friendship Hall with the intention of following up and reviewing the implementation of the CPA as well as strengthening an enhancing the political partnership between them.

The two parties were insured of the ongoing implementation process while recognizing the substantive and circumstantial reasons which led to the delay in implementing of its, provisions. To this end the two parties jointly arrived at specific recommendations.

Concerning the political partnership the two parties presented a joint paper on the concept of the partnership in self, it's horizons, it's dimensions and tolls of implementation which shall contribute even more to spur the implementation  process and enhance the political partnership these are:

1.    joint Annual meetings for the leadership Bureau of the NCP and the political Bureau of the SPLM
2.    Quarterly meeting of a joint leadership committee (1+8) of each party.
3.    A monthly meeting of a joint political follow-up committee, which can also establish technical and other specialized committee as needed.
4.    The joint political follow-up committee held several meetings where it established subsidiary committees  (economic,  political, security). These have already started their assignment.
5.    The joint leadership committee (1_8) held a series of meetings from 27-30 March 2007 and from 27-30 April 2007. the most prevailing conclusions it has reached were as follows:
a.           the agreement on provisional bases, on the establishment of an interim administration for Abyei area, and for a limited period, until a final agreement over the borders of Abyei area (1905) subjecting the people of the region to unnecessary hardships due to the absence of functional administration, services and rehabilitation programmes. The joint political follow-up committee has been instructed to delineate on possible executive mechanisms which can run to the interim administration.
b.          The establishment of a joint executive committee chaired by the vice president and vice president of the president of the GOSS to look into the problems connected with the performance of the national institutions in south Sudan and relations connecting the National states, and also other matters already referred to the committee, including consideration of the problem of the two new companies (Whit Nile and ASCOM) in the already granted block B and 5B  before the  peace agreement to the two groups lead by Total  and PETRONAS respectively.
c.           Establishment of a committee for information and media co-ordination.  
6.           No final agreement has yet been reached within the political follow-up committee on the executive mechanisms foe the interim administration of Abyei area.   
7.           an agreement on a handful of decisions and recommendations has been reached in the executive committee within the formwork of the power schedules tables embodied in transitional national constitution specifying the competences of the national level and south Sudan level and the states. The immediate implementation of these recommendations has already  started through the convening of several meetings in Khartoum and Juba between the national government institutions and the institutions of the GOSS and its other concerned circles.
8.           The joint executive committee formed an ad-hoc committee to look into the problem of the new companies (White Nile and ASCOM). The committee submitted a joint report to the executive committee in order to submit it to the leadership committee for approval as a prelude for a final decision by the concerned circle which is, in this case and according to the CPA, the national petroleum commission.
9.          Co- ordination meetings between the national information institutions and the concerned information initiations in the south have already started.

 

Date: 10 .July .2007

The shares and transfers to the government of southern Sudan (GOSS) and the relevant southern states from the net oil

Revenues for the years (2005- 2006)  
million US$

A)GOSS (50 % share)
 2005
2006

Total

GOSS Net Oil Revenue shares

   798.40

953.30

1751.70

Direct Transfers

        523.30

845.94

1369.24

Transfers from ORSA

        96.25

327.02

423.27

(Oil Revenue Stabilization Account)

Total Cash transfers

  619.55

1172.96

1792.51

Total direct Payments

  194.50

43.16

237.66

(payments by National Ministry of Finance

directed by GOSS to certain entities

delivering services in the south)  

The total to GOSS

       814.05

1216.12

2.030.17

B) Unity State (2% share):

 

 

 

Shares

       32.59

38.14

70.73

Transfers

       21.90

53.23

75.13

C) upper Nile State (2% share):

 

 

 

Shares

-

0.77

0.77

Transfers

-

0.03

0.03

  • A summary of the reports of the joint technical committee for monitoring net oil revenues for the years 2005-2006.

 

Date: 15 July .2007

The shares and transfers to the government of southern Sudan (GOSS) and the relevant southern states from the net oil

Revenues for the period Jan-June 2007

Million US $

Month/2007

GOSS (50% share)

Unity State (2% share)

Upper Nile State (2% share)

Total to GOSS and Southern states

Jan

93.20

3.10

0.70

 

Feb

60.66

2.00

0.47

 

March

44.53

1.46

0.36

 

April

85.00

2.18

1.29

 

May

139.47

4.29

0.60

 

June

119.98

3.15

1.48

 

Total

542.84

16.18

4.9

563.92

  •    A summary of the reports of the joint technical committee for monitoring g net oil revenues for the period Jan-June 2007.

  • Additional sources for GOSS and Southern States: the amount of 2.03 billion $+ 75.13+0.03 million $ for the years 2005-2006 and 294.95 million $ for the period Jan-June 2007, above Plus the multi- Donors Truse fund (MTDF) money for the southern and the direct money from states and organizations outside the (MTDF) for the years 2005-2006 plus 300 million $ soft loan guaranteed by the central bank plus 100 million$ grant from the national government for the year 2007 plus financing the (Runk-Malakal) sector of the peace Road and the railway sector (Babanusa – Waw).  

 

 

 

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