The Peace Agreement between the Government
of Sudan and the SPLM/A
On 31 December 2004, the Government of Sudan (GoS) and the
Sudan People’s Liberation Movement/Army (SPLM/A) concluded the peace
negotiations that had been in progress since May 2002. The final, Comprehensive
Peace Agreement was signed with great ceremony in Nairobi on 9 January 2005 by
Sudan’s Vice President, Ali Osman Taha, and the Chairman of the SPLM, John Garang de Mabior. The
negotiations were led by a special secretariat set up under the
Intergovernmental Authority on Development (IGAD).1
The Norwegian International Development Minister, Hilde F. Johnson, had close
contact with both parties throughout the negotiation process. In addition,
Norwegian observers and resource persons have been present during all the
negotiation rounds.
The peace agreement
The peace agreement is a comprehensive document of more than
200 pages. The various chapters set out principles that are to apply for
power-sharing, wealth-sharing and special rules for the Southern Blue Nile,
Nuba Mountains and Abyei states, and security issues. There are also two
annexes to the peace agreement: one describes how the agreement is to be
implemented; the other gives the details of the cease-fire.
The main points in the peace agreement are:
- The parties are to form a Government of National Unity (GNU)
that includes other political groups.
- General Omar Bashir is to continue as President of Sudan, and the leader of the rebels, Dr John
Garang, is appointed as the First Vice President; Mr Ali Osman Taha, who is
currently the First Vice President, will be Second Vice President.
- Southern Sudan is given a very high degree of political
autonomy; the Government of Southern Sudan (GOSS) will have executive authority
in the South.
- The peace agreement is to be implemented during a pre-interim
period of six months, which will be followed by an interim period of six years.
- At the end of the interim period, the people of Southern Sudan
are to decide through a referendum whether they wish to secede from the rest of
the country or remain part of Sudan.
- Islamic law is not to apply in Southern Sudan.
- Special administrative rules will apply in two states in North
Sudan, South Kordofan and Southern Blue Nile, on the distribution of power
between the current ruling party, the National Congress Party, and the SPLM.
Abyei will have separate administrative status, and the people of this state
are entitled to decide themselves whether they would prefer to be part of Southern
Sudan.
- Elections are to be held mid-way through the interim period.
- Sudan’s oil revenue is to be distributed between various
authorities. Oil-producing states will receive 2 per cent of the net revenue
from oil that is produced in the state in question. For oil produced in Southern
Sudan, half the net revenue from sales, after the deduction of the payment to
the oil-producing state, will be allocated to the Government of Southern Sudan
(GOSS), while the central Government will receive the other half. The parties
agree that a future generation fund is to be established once production
exceeds two million barrels of oil a day. Some of the income from the sale of
oil is already being transferred to an oil revenue stabilisation account.
- Throughout the interim period, Sudan will have three armed
forces: the Sudan Armed Forces (under the GNU), the Sudan People’s Liberation
Army (under the SPLM/GOSS) and Joint Integrated Units (under a joint command).
At the same time, the parties are committed to demobilisation and reintegration
of soldiers in civil society
- The cease-fire is to be monitored by a UN force, which is
expected to be established in 2005.
The agreement does not explicitly deal with Dafur, but the
main principles for the sharing of power and wealth, and decentralisation,
could form the basis for a political solution to the conflict there. The
agreements for South Kordofan (the Nuba mountains) and the Southern Blue Nile
could also be used as a blueprint for Darfur.
Implementation
The first phase of the implementation of the agreement is to
take place during the six-month pre-interim period. Preparation has already
started on the legal framework that must be established before the agreement
can be implemented. In March 2005, the National Assembly in Khartoum and the
SPLM’s National Liberation Council will adopt a provisional constitution that
will form the basis for the establishment of the GNU and the GOSS. The parties
will set up a number of commissions that do not require a specific
constitutional basis, for example the National Petroleum Commission and the
National Land Commission. Both parties are committed to including other
political groups in the implementation of the agreement. All preparations for
the implementation must be completed before the start of the interim period on
9 June 2005.
1
IGAD is a regional organisation based in Djibouti, but the Sudan peace
negotiations were held in Kenya.