i t i august - mafhoum · 2013. 7. 3. · similar act promulgated as a provisional presidential...

August 2006INS IDE THIS I S SUE

HIGHLIGHTS 1 Highlights 1 Key Developments 1

1 Key Developments 2 2 UpdatesStatus of the Implementation of the CPA

From 8 to 13 August in Khartoum, senior NCP and SPLM political leaders convened the NCP‐SPLM Joint Political Committee, and agreed to establish three five‐member sub‐committees: security, economic and political.

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1 Power‐Sharing Agreement 3

2 Wealth‐Sharing Agreement

On 25 August, the Presidency met and approved draft laws for the Civil Service, Land and Human Rights Commissions. The Presidency did not consider the issue of Abyei as it is in the hands of the Joint NCP‐SPLM Political Sub‐Committee.

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3 The Three Areas: Abyei, Southern Kordofan and Blue Nile States 29

The Presidency also approved the structure of the Commission on the Protection of the Rights of non‐Muslims in the National Capital.

4 Security Arrangements 35

49 Glossary of AcronymsOn 17 August 2006, a Joint Monitoring Team comprising 3

UNMIS and 2 National Monitors was fired upon in Jonglei. The SAF and SPLA are investigating the incident.

The Ceasefire Political Commission met for the sixth time on 31 August; it discussed the violence in the Upper Nile region.

The Assessment and Evaluation Commission held its eleventh plenary meeting on 16 August, with UNMIS attending for the first time.

The National Judicial Service Commission held its third meeting on 8 August 2006 and adopted its rules of procedure.

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Highlights

The CPA Monitor – August 2006

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2 Updates

Of all the CPA commissions, only a few are actually convening regularly. The National Constitutional Review Commission (NCRC) has not met since it was re‐established on 7 January 2006. The NCRC is expected to convene in September to discuss draft legislation for the next session of the National Assembly, including drafts of the Human Rights Commission Act, the Civil Service Commission Act, the Land Commission Act, as well as the Political Parties Act and the Civil Service Act.

The national commissions that are yet to be established include: the Human Rights Commission, the National Civil Service Commission, the National Land Commission, the National Electoral Commission, the Commission for the Protection of the Rights of non‐Muslims in the National Capital and the Council for Development and Promotion of National Languages.

A number of commissions are yet to be established in Southern Sudan, including the Land Commission, the Civil Service Commission, the Human Rights Commission, the Anti‐Corruption Commission, the Relief and Rehabilitation Commission and the Disarmament, Demobilization and Reintegration (DDR) Commission, although Commissioners have been appointed.

The Ceasefire Political Commission (CPC) and the National Judicial Service Commission (NJSC) met during August.

The CJMC met three times in August. As of 31 Aug 2006, the CJMC has met 34 times since 8 May 2005.

The SAF reported 62.3% redeployment and the SPLA reported 64.9% redeployment.

As of August 2006, 99% of UNMIS military personnel (9,595 out of a total of 9,692) have been deployed, including 689 UNMOs, 183 Staff Officers and 8,726 troops. As of 27 August, 93% of UN Police have been deployed (666 out of a mandated strength of 715).

New developments are in blue text, boxed and dated (8/06)

Annexes are available online at : http://www.unmis.org/english/cpaMonitor‐annexes.htm, or by following the links in the document.

http://www.unmis.org/english/cpaMonitor-annexes.htm

1 ‐ Power‐Sharing Agreement 1.1 ‐ Institutions at the National Level


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STATUS OF THE IMPLEMENTATION OF THE CPA

1 Power‐Sharing Agreement

1.1 INSTITUTIONS AT THE NATIONAL LEVEL

A) Legislation and Constitution

1. President Bashir signed the Interim National Constitution (INC) into law on 9 July 2005. The INC, which is based on the Comprehensive Peace Agreement and the 1998 Sudan Constitution, will serve as the supreme law of the land during the Interim Period. It was prepared by the National Constitutional Review Commission (NCRC), comprised of the National Congress Party (NCP), the Sudan People’s Liberation Movement (SPLM) and representatives of other political forces and civil society. The National Assembly and the SPLM National Liberation Council adopted the INC on 6 July 2005.

2. The National Assembly adopted the National Judicial Service Commission Act in October and the President endorsed it in November. It was sent to the Ministry of Justice for publication in the official Gazette of Laws.

3. The National Legislature approved the Constitutional Court Act on 1 October. President Bashir signed the Act in November 2005.

4. The Commission Preparatory Team (CPT) for the Civil Service Commission has prepared a draft law, according to which the Commission remains an advisory body to the Ministry of Labour. (3/06)

5. In February 2006, civil society and various political parties discussed the proposal for a revised Political Party Registration Act as submitted by a Sudanese panel of experts comprised of academics (law experts and political scientists). Some political parties, such as Popular National Congress and Umma (Mainstream), expressed their uncertainties about the political process. Other prerequisites for the elections, namely drafting of the National Electoral Law and the subsequent establishment of the National Election Commission, are still awaited. (28/2/06) The Political Parties Act has made little progress. The draft submitted by the Sudanese panel of experts in March 2006 did not meet the approval of all parties. Political parties are being encouraged to start drafting and submitting new versions. (3/06)

6. The National Assembly endorsed the Joint Integrated Units (JIUs) Act on 17 January 2006. The Act covers the establishment of the JIUs, their mandate, areas of deployment, uniform



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and common doctrine. The Act also deals with the formation and mandate of the Joint Defence Board (JDB). The JIUs Act is in Annex 18. (1/06)

7. The National Assembly passed the Organization of Voluntary and Humanitarian Work Act 2006 (NGO Act) on 21 February. The National Assembly previously had rejected a similar Act promulgated as a provisional Presidential decree in August 2005. On 7 February 2006, the Council of Ministers, chaired by the President, approved the new draft and through the Ministry of Humanitarian Affairs, the new Bill was submitted to the National Assembly for adoption.

8. The NGO Act is an improvement from the previous decree issued in August 2005. The NGO Act includes human rights in its definition of “voluntary and humanitarian work” and removes criminal penalties for NGOs who engage in activities without being registered. However, all NGO projects seeking foreign funding must be approved by the Humanitarian Aid Commission and require approval of the Minister to receive funds from abroad or from foreigners inside Sudan. The Registrar and Commissioner of the Humanitarian Aid Commission are given broad powers and wide discretion for registering organizations, which could lead to potential abuse. (28/2/06)

9. In May 2006, a group of NGOs challenged the constitutionality of the NGO Act. They claimed that certain provisions violate their right to freedom of association granted in the Interim National Constitution. (5/06)

10. Preliminary hearings have commenced in the constitutional challenge to the NGO Act. On 27 June, the Constitutional Court allowed the petitioners to select an NGO that had allegedly suffered direct damage from the legislation, to argue the case as the applicant. The Court is first expected to decide whether the relevant sections of the NGO Act should be suspended during the course of the hearing. The case is the first constitutional challenge to be made under the new Bill of Rights in the INC. (6/06)

B) The National Executive

11. The three‐member Presidency was inaugurated on 9 July 2005. Omer Hassan Ahmed Al‐Bashir was sworn in as President, John Garang de Mabior as First Vice President and Ali Osman Mohamed Taha as Vice President. Lt. General Salva Kiir Mayardiit was sworn in as the First Vice President on 11 August 2005 after the death of Dr. Garang on 30 July 2005 in a helicopter crash.

12. The days following the announcement of Garang’s death were marked by riots and outbreaks of violence in Khartoum and elsewhere. States of emergency were imposed at the state level in Khartoum and Juba, but were lifted after a few days. The long‐standing

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pre‐CPA state of emergency has been lifted in all states except Darfur, Kassala and the Red Sea States.

13. After considerable delays and dispute over the allocation of some ministerial portfolios, most notably that of Energy and Mining, President Bashir issued four decrees on 20 September 2005 establishing the Government of National Unity (No. 30 appointing the Assistant of the President, No. 31 appointing federal ministers, No. 32 appointing presidential advisors and No. 33 appointing ministers of state). The Government of National Unity (GNU) was formed largely in accordance with the CPA power‐sharing formula. The GNU includes one Presidential Assistant, 12 Presidential Advisors, 28 Federal Ministers and 33 State Ministers. The NCP retained the highly‐disputed Energy and Mining portfolio.

14. The NCP retained: five Sovereignty Ministries (Presidency, Interior, Justice, Defence and Federal Government), six Economic Ministries (Finance, Energy, Irrigation, Agriculture, International Cooperation and Animal Resources) and four Service Ministries (Labour and Public Service, Culture and Youth, Social Welfare and Guidance and Endowment). The SPLM received: two Sovereignty Ministries (Council of Ministers and Foreign Affairs), three Economic Ministries (Foreign Trade, Investment and Transportation) and three Service Ministries (Health, Humanitarian Affairs and Higher Education).

15. Other Northern political forces received one Sovereignty, one Economic and three Service Ministries. Other Southern political forces received one Sovereignty and one Economic Ministry. (7/06)

16. The officials were sworn‐in on 22 September 2005. A list of members of the Government of National Unity is in Annex 1.

17. On 27 November 2005, President Bashir issued two decrees filling the ministerial seats left vacant for the opposition umbrella group, the National Democratic Alliance (NDA). The decrees appointed Lt. Gen. (Rtd.) Saeed Abdel‐Rahman as Minister of Science and Technology, Dr. Hamid Mohamed Ibrahim as Minister of Education and Abdel‐Rahim Ali Hamad as State Minister at the Ministry of Agriculture and Forestry.

18. Other opposition parties, including the Umma Party (Mainstream) led by Sadiq Al‐Mahdi and Popular National Congress led by Hassan Al‐Turabi, declined to participate in the GNU but indicated their intentions to participate in the General Elections midway through the Interim Period.

19. No progress has been made to date on the formal establishment of the National Security Council (NSC) and the National Security Service (NSS).

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20. The number of Southern Sudanese working for the NSS is increasing. In addition to the Deputy DG of the National Intelligence and Security Service, more than 50 Southern Sudanese have now joined its ranks. According to the plan, one hundred Southern Sudanese will be trained and enter the service every six months.

21. The Presidency met on 3 January 2006 to decide on a number of outstanding issues related to the Khartoum State Government, the Commission for the Protection of the Rights of Non‐Muslims in the National Capital and the NCRC. (3/06)

22. On 14 February 2006, President Bashir visited Juba and Rumbek for the first time since Dr. Garang’s funeral. Despite the short notice and two previously cancelled visits, the general turnout to greet the GNU President was substantial. During his speech, President Bashir noted the right of Southern Sudan’s people to vote freely in the 2011 referendum. He also said that the NCP was ready to share the wealth with the South and that there will be discussions with the GoSS to review development programmes in the South. During his visit President Bashir held meetings with GoSS officials, leaders from the State Governments, the State Assemblies and representatives of political parties. (2/06)

23. From 27‐30 May 2006, the NCP and SPLM leadership councils concluded a three‐day meeting in Khartoum aimed at ironing out their differences regarding the implementation of the CPA. The final communiqué stressed the keenness of the two parties to move forward as partners in the path of peace, stability and development, and to never return to war. They reaffirmed their determination to fully implement the CPA. The two parties also agreed to expedite the establishment of the institutions of good governance, the normalization of relations with neighbouring countries, the implementation of the Darfur Peace Agreement and the negotiations in the East. The meeting called on donors to meet their commitments to promote development efforts in the country. It also called on the Presidency to speed up the process of establishing the National Fund for Development and Rehabilitation, and stressed the importance of working jointly to enhance the work of the National Petroleum Commission. (6/06)

24. The NCP‐SPLM meeting failed to agree on the adoption of the Abyei Boundaries Commission (ABC) report and referred the matter back to the Presidency for decision. (5/06)

25. From 8 to 13 August in Khartoum, senior NCP and SPLM political leaders convened the NCP/SPLM Joint Political Committee (JPC), as agreed by the NCP‐SPLM Joint Leadership meeting in May. They agreed to establish three five‐member sub‐committees: security, economic and political. The new forums are designed to align NCP and SPLM policies on major policy issues, and to co‐ordinate public statements. The parties agreed to seek a political solution to the issues of Abyei, and referred them to the political sub‐committee.



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The economic sub‐committee is considering issues related to the NPC. The JPC was due to meet again in early September, but the meeting was postponed. (8/06)

26. On 25 August, the Presidency met to discuss issues referred to it by the JPC. The meeting was attended by President Bashir, FVP Kiir, VP Taha, and the two State Ministers of Presidency, Telar Reng and Idris Abdel Qadir. The meeting also approved draft laws for the Civil Service, Land and Human Rights Commissions and agreed to submit the drafts to the meeting of the Council of Ministers. The Presidency did not consider the issue of Abyei as it is in the hands of the Joint Political Sub‐Committee. (8/06)

C) The National Legislature

27. The National Legislature (the Council of States and the National Assembly) was formed and convened on 31 August 2005. Ahmed Ibrahim El Tahir (NCP) was elected Speaker for the National Assembly and Atim Garang Deng (SPLM) Deputy Speaker. Ali Yahia (NCP) was elected Speaker and Remo Olair (SPLM) Deputy Speaker of the Council of States.

28. The Council of States has two members from each State, currently appointed by the Presidency after consultation with state institutions. Apart from a handful of national figures, the current members of the Council of States are drawn from either the NCP or the SPLM. The power‐sharing formula does not apply to the Council of States. (6/06)

29. The National Assembly is composed of 450 members. Membership is allocated according to the power‐sharing formula as follows: NCP 234 seats, SPLM 126 seats, Northern political forces 55 seats (20 for the NDA, seven for the Registered Democratic Unionist Party, three for Umma Party Reform and Renewal, three for Federal Umma Party, three for Umma Party Collective Leadership, three for Ansar AlSuna, three for Muslim Brothers and five for Parties’ Forum), 27 seats for Southern political forces (ten for Union of Sudan African Parties, five for United Democratic Salvation Front, three for United Democratic Front, five for Sudanese African National Union and four for the Southern Sudan Democratic Forum); and eight seats for national personalities. Of the 55 seats allocated to the Northern political forces, 8 were allocated to the Umma Party (Mainstream) and the Popular National Congress, but both declined to participate.

30. NDA members joined the National Assembly on 28 November 2005, filling the 20 parliamentary seats which had been set aside for them.

31. On 29 November 2005, the National Assembly approved the chairs of its 19 standing specialized committees. The chairs were allocated according to the power‐sharing formula, with the NCP chairing ten committees, SPLM five, other Northern political forces three and other Southern political forces one. (See Annex 2)

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32. The National Assembly reconvened on 3 April 2006. During May, the special committee formed to review the General Audit Chamber’s report on the Government’s financial performance presented its findings. The report criticized the Ministry of Finance for its failure to implement regulations intended to prevent mismanagement of public funds. (5/06)

33. In June 2006, the NCP and SPLM formed the Legislation Co‐ordination Committee to help accelerate the submission of legislation to parliament, pursuant to a decision of the Joint NCP‐SPLM Leadership Council meeting in May. The Committee is chaired by Dr Ghazi Salah Al‐Din (NCP). (6/06)

34. On 19 October 2005, the Ministry of Justice re‐established a committee for law reform with a mandate to review laws passed from 1901 to 2005 and to ensure their compatibility with the CPA and Interim National Constitution. (1/06)

35. The Ministry of Justice has prepared five bills which have been sent to the Presidency: the Human Rights Commission Bill, National Civil Service Commission Bill, National Lands Commission Bill, National Civil Service Bill, and Mines Bill. The Ministry of Justice has sent the first three of these should to the NCRC for review. The Ministry has identified a further 28 existing Acts which require amendment to comply with the INC, and has submitted comments on and suggested amendments to these Acts to the relevant ministry or body. The Ministry of Justice is also reviewing and commenting to Ministries on a further 12 existing Acts. (6/06)

36. Academics, NGOs and other civil society actors are increasingly engaged in the legislative process, organising seminars to discuss policy issues and circulating legislative drafts. (6/06)

37. The Second Parliamentary Session ended on 3 July 2006; the next is scheduled to begin on 30 October. In the April‐July session, the parliament sat on 33 days in three sittings. It ratified the Insurance Supervision Act, 3 bi‐lateral agreements and one international convention :

i) Tourism Cooperation Agreement between Sudan and Tunisia (2 May 2006)

ii) Agreement on Agricultural Quarantine & Plants Preservation between Sudan and Lebanon (10 May 2006)

iii) Cooperation Agreement between the Ministry of Information and the Islamic Organization for Education, Science & Culture (27 June 2006)

iv) Stockholm Convention on Persistent Organic Pollutants (20 June 2006). (7/06)



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38. At the end of the second session, 432 of the 450 seats were filled. The Council submitted seven requests for briefings from Ministers, and received four. It posed 14 questions to Ministers, and received answers to six. (7/06)

39. It is understood that the NCP hopes to pass all CPA‐related acts in the next 18 months. Legislation relating to political life and security institutions will be accorded priority in the next session (including electoral laws, political party legislation and national security legislation). Amendments to the existing National Security Act are reportedly circulating amongst the key security agencies. International Assessment and Evaluation Commission (AEC) members have emphasised the importance of the Political Parties Act and the National Electoral Law to keep pace with the CPA timetables. (6/06)

40. To date, none of these drafts have been circulated publicly. (7/06)

41. The Ministry of Justice expressed its concern to legal advisors in the ministries about the lack of progress in legislative drafting. The Ministry of Justice is supposed to vet draft legislation and amendments, but is considering initiating legislation and amendments if delays continue. (7/06)

42. Some National Assembly members believe that several of the Commissions already established by Presidential decree require a legislative foundation, including the FFAMC and the National Petroleum Commission, and are considering drafting legislation to that end for NCRC review. (7/06)

D) The National Judiciary

43. On 28 November 2005, President Bashir issued a decree appointing Mr. Jalal‐Eddin Mohamed Osman (NCP) as Chief Justice and Mr. John Aungi Kasiba (SPLM) and Dr. Wahabi Mohamed Mukhtar (NCP) as Deputy Chief Justices.

44. On 7 December 2005, President Bashir established the National Judicial Service Commission (NJSC). The National Judicial Service Commission Act passed through the National Assembly with the required three readings, but it bypassed the NCRC in contravention of the INC. The SPLM has criticized the Act, contending that this procedural error and key aspects of legislation itself contravene the INC or the Interim Constitution of Southern Sudan. This could lead to a constitutional challenge of the Act.

45. It is unclear whether the NCRC has the mandate to retrospectively review acts which should have been submitted to it before going to parliament, such as the NJSC Act. (7/06)

46. President Bashir issued a decree on 24 December 2005, appointing the President and members of the Constitutional Court. They were sworn in on 31 December 2005. (1/06)



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1. Mr. Abdalla AlAmin AlBashir ‐ President 2. Mr. John Wool Makiej ‐ member 3. Mr. AlTayeb Abbas AlGaili ‐ member 4. Mrs Buthina AlRasheed Mirghani ‐ member 5. Mr. Somi Zeidan Attia ‐ member 6. Mr. Paulin Chol ‐ member 7. Mr. AbdelRahman Yagoub Ibrahim ‐ member 8. Mr. John Gatu Lol ‐ member 9. Mr. Abdalla Ahmed Abdalla – member

47. Reports suggest that the Constitutional Court was being hampered by lack of resources. The Court is no longer able to levy fees for their services and directly use these to finance the Court’s operations. (3/06)

48. On 23 August, the Ministry of Finance, the World Bank, and the UNDP launched a three year US$ 18 million programme to provide training, technical and operational support to the National Judicial Service Commission and the National Judiciary. (8/06)

E) Commissions

49. As was the case with most of the other transitional arrangements, there has been considerable delay in establishing the commissions and national institutions stipulated in the CPA. The process was, however, back underway by the end of October and early November 2005, with the formation and staffing of the Assessment and Evaluation Commission (AEC), the National Petroleum Commission (NPC), the Cease‐fire Political Commission (CPC), the Fiscal and Financial Allocation and Monitoring Commission (FFAMC), the Technical Ad hoc Border Committee and the National Judicial Service Commission (NJSC). (Complete list of established Commissions and membership is in Annex 3).

50. The process to establish the remaining commissions started in October 2005. Some members of the SPLM and the NCP set up Commission Preparatory Teams (CPT). The various teams were supposed to prepare the laws for the respective commissions and their structures and submit them to the JNTT for forwarding to the NCRC. Commissions not yet established include: The Human Rights Commission (HRC), the National Civil Service Commission (NCSC) and the National Land Commission (NLC). (8/06)

51. On 25 August, the Presidency approved draft laws for the Civil Service, Land and Human Rights Commissions and agreed to submit the drafts to the meeting of the Council of Ministers. (8/06)

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52. The NPC is discussed below at paragraphs 135 ‐ 137.

53. Considerable confusion exists regarding the drafting of legislation to establish the NHRC. Two draft laws had been prepared by the CPT National Consultant representing the SPLM. In preparing these two drafts, the CPT did not meet formally and the NCP member was not involved. Moreover, while these drafts were being prepared, a senior NCP member had submitted another draft law directly to the Presidential Palace. The draft submitted to the President is mainly based on the Human Rights Act of 2004, which did not ensure the independence of the commission. There is no common understanding among the drafters regarding the essential elements of the proposed commission. The National Constitutional Review Commission was not involved in the drafting, as required by the INC, and did not hold consultations with concerned civil society groups.

54. On 8 May 2006, the Advisory Council for Human Rights (ACHR), in cooperation with UNMIS Human Rights, organized a consultative workshop on ʹʹThe Draft Bill of the National Human Rights Commission Actʹʹ, to facilitate discussions on the draft Act. 56 participants from civil society, members of the Parliament and professionals attended the workshop. The participants made specific proposals for GNU consideration, to ensure that the Act establishing the Commission is based on Paris Principles and other international standards. The ACHR confirmed that the draft Human Rights Commission Act would be presented to the National Constitutional Review Commission for its consideration, in accordance with the CPA. (5/06)

55. In a follow‐up meeting on 14 July 2006, a number of civil society groups adopted a position paper on the National Human Rights Commission Bill. The position paper suggests a number of amendments, including detailed suggestions on eligibility, composition and appointment and the Commission’s jurisdiction over human rights violations committed in Sudan since 1954. (7/06)

56. According to the CPA, the National Constitutional Review Commission (NCRC) is vested with powers to develop laws and other legal instruments for establishing the CPA Commissions, including the NHRC. This is to ensure the independence and efficiency of the CPA institutions. (1/06)

57. On 7 January 2006, President Bashir issued a Decree to re‐establish the NCRC (see Annex 19). The membership was to include 60 members: 31 from NCP, 17 from SPLM, eight from Northern political forces and four Southern political forces. The decree mandate did not mention that the CPA mandate of the NCRC ʺshall also detail the mandate and provide for the appointment and other mechanisms to ensure the independenceʺ of the CPA Commissions. (1/06)

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58. On 30 April 2006, A Presidential decree announced the members of the NCRC (see Annex 41). (4/06)

59. Both NCRC and NCP representatives have informed the AEC that the Presidential Decree to align the NCRC mandate with the CPA has been signed. (7/06)

60. However, the NCRC is still yet to convene. Delays are variously attributed to the unavailability of one of the co‐chairs, lack of funding, office space or staff. (7/06)

61. The NCP‐SPLM JPC in mid‐August called for the NCRC to meet soon. It is understood that the NCRC may meet on 18 September, with the draft bills approved by the Presidency as well as the Political Parties Act and the Civil Service Act among the priorities. (8/06)

62. The Minister of Justice confirmed that the NCRC must be consulted as part of the legislative process in the establishment of independent commissions provided for in the CPA. However, the NCRC, as a body, has not met since its re‐establishment on 7 January 2006. (6/06)

63. The AEC held its seventh meeting on 2 May 2006 and eighth meeting on 25 May 2006. The Minister of Defence briefed the participants on the status of troop redeployment, formation of the Joint Integrated Units (JIUs), the Joint Defence Board (JDB), Disarmament, Demobilization and Reintegration (DDR) and International Military Advisory Team (IMAT). The Minister of Justice briefed the commission on the status of the legislative process, focusing on laws that have been identified to be amended in order to meet their compatibility with the CPA and the Interim National Constitution. (5/06)

64. All AEC members, including representatives from the two parties, visited Juba on 22 and 23 June 2006, and held discussions with FVP Kiir and other senior GoSS officials. (6/06)

65. The AEC gathered momentum during July 2006, with more working group sessions and increased participation from the CPA parties. The Chair visited Abyei on 9 and 10 July, and held a joint meeting of representatives of the Dinka and Misseriya communities. The AEC held its tenth plenary meeting on 11 July in the presence of GNU Minister Deng Alor, and devoted discussion to Abyei. On 18 July, the Joint Defence Board briefed the AEC in an extraordinary session. On 19 July, the Three Areas Working Group followed up on the plenary discussions on Abyei. On 17 July, the Wealth Sharing Working Group convened and discussed the National Petroleum Commission and transfer of funds to the Three Areas. On 31 July, a co‐chair of the NCRC and a Ministry of Justice official briefed the Power Sharing Working Group. (7/06)

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66. The AEC held its 11th Plenary Meeting on 16 August, with UNMIS attending for the first time. SPLM and NCP members briefed the meeting on the recent joint decision to pursue a political solution to the Abyei issue. On 22 August, the AEC Working Group on the Three Areas met. (8/06)

67. The Ceasefire Political Commission (CPC) is discussed below at paragraphs 205 ‐ 207. (6/06)

68. On 4 April 2006, the NJSC held its second meeting. Both Chief Justices and the GoSS Minister of Legal Affairs were present. The NJSC discussed the legality of the commission and working modalities. (4/06)

69. During July, members of the NJSC completed the last (of a series of three) study tour organized by UNDP as part as their capacity building programme for the National Judiciary. (7/06)

70. The NJSC held its third meeting on 8 August 2006 and adopted its rules of procedure. (8/06)

71. On 22 May 2006, the Technical ad hoc Border Committee to determine the North/South border of 1956 reviewed the performance of the subcommittees established to collect documents related to the work of the commission. The committee requested the relevant bodies to accelerate their work to complete the data collection. (5/06)

72. The Border Committee held its sixth meeting on 20 July and approved its budget. The Chairman of the Commission ascribes current delays to the onset of the rainy season. Delays in the Border Committee’s work also hinder redeployment, the formation of JIUs and the sharing of oil revenues. (7/06)

F) Population Census

73. The Central Bureau of Statistics (CBS) has started training programmes and cartographic activities of the states. This will take at least one year using its existing staff. Several meetings and retreats have been organized by UNFPA to help preparation and to discuss technical issues, including the legal basis for the census; draft policy‐making, coordination, and implementation structures; and short and long questionnaires. UNFPA has hired a Chief Technical Adviser who will train both parties until the end of the census and monitor, support and coordinate all census implementation activities. Two Deputies for the CTA are under recruitment to support daily activities of census implementation in the North and South. (More details in Annex 4)

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74. One of the prerequisites for holding the mid‐term elections, the National Population Census Council (NPCC), was established by Presidential decree on 7 January 2006 (see Annex 30). It is mandated to plan for the upcoming population census; set standards and criteria for the Central Bureau for Statistics; follow‐up on the preparations leading up to the population census operation; and report to the Presidency. (28/2/06)

75. The NPCC held its first meeting on 7 March 2006. The meeting urged the Ministry of Finance to assure regular transfer of funds until the end of 2006. The meeting also requested the Ministry of Finance to support the programme of satellite mapping to assure full coverage of the country. The decisions of the first meeting are in Annex 36. (3/06)

76. The NPCC held its second meeting on 19 July 2006, and discussed progress of planning for the census. (7/06)

77. It is understood that the NPCC has decided to include questions about religion and ethnicity in the census questionnaire. (8/06)

78. The Interim Oversight Committee of the National Multi Donor Trust Funds (MDTFs) approved funding of the project proposal for the National Population Census, as submitted by the CBS and the Southern Sudan Centre for Statistics and Evaluation (SSCCSE). The proposed budget amounts to $ 73 million, of which $ 44 million would be for Northern Sudan and $ 29 million would be for Southern Sudan. Funding will come from three sources: the GNU will provide 55%, the two MDTFs will provide the rest. The amount requested from the MDTFs is $ 33 million. For the first year, the GNU is supposed to contribute $ 14.3 million. So far, it has allocated $ 4.3 million. It has been verbally confirmed by the Minister of Finance that the full amount has been reserved and will be available. (28/2/06)

79. In Southern Sudan, nine participants from four states took part in a ‘Train the Trainer’ exercise for census enumerators in Rumbek. Training of trainers from the other southern states is scheduled for September. A partial pilot census exercise is planned for December 2006 in preparation for the complete census next year. (7/06)

G) Return, Reintegration and Recovery (RRR) (1/06)

80. The Parties agreed in Chapter I of the CPA (the Machakos Protocol) that there is a need to “formulate a repatriation, resettlement, rehabilitation, reconstruction and development plan to address the needs of those areas affected by the war…”

81. The Joint HAC/SRRC Policy Framework for the return of displaced persons in a post‐conflict Sudan of July 2004 recognizes the rights of all displaced people in Sudan and

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commits the parties to support their return and the right to choose the destination of return. Government counterparts have a leading role in this process.

82. According to Security Council Resolution 1590, UNMIS is to “facilitate and coordinate, within its capabilities and in its areas of deployment, the voluntary return of refugees and internally displaced persons…” To effectively carry out this function, UNMIS has created the Return, Reintegration and Recovery (RRR) unit. This unit plays a coordinating and planning role for UN, NGOs and donor return‐related activities, and a supporting role for government return‐related activities. The 2005 UN work plan based its support for Returns, Reintegration and Recovery on three principles: the right to return in safety and dignity based on a free and informed choice; the right to choose the destination of return; and that all programmes of support to reintegration and recovery should be community based, benefiting equally those who left and those who stayed, according to needs.

83. During the 2005‐6 return season, the RRR unit is supporting spontaneous return of an estimated 580,000 returnees (IDPs and refugees). Assistance to spontaneous returnees will be provided en route to their places of return, as well as in the places of displacement and areas of arrival. The RRR unit developed the “Support for Spontaneous Returns 2005‐2006 Operational Plan”, which identifies seven areas of operational response: protection; way stations; non‐food items; transportation; tracking and monitoring; registration; and information campaigns.

For more details about the RRR activities, see: • Annex 20 – RRR Activities • Draft Map of “Most Likely Scenarios” Projected IDPs and Refugee Return in 2006

(Annex 21) • 2005 Work Plan for the Sudan – RRR Funding Summary by Sector and 2006

Planning Assumptions (Annex 22) • UN Assistance to IDPs and Returnees in Sudan – July to November 2005 (Annex 23)

H) National Capital

84. A joint ad hoc committee, composed of ten members representing the NCP and SPLM, was formed on 18 October 2005, to discuss issues regarding the administration of the national capital during the Interim Period. The committee was unable to agree key issues related to Khartoum, leading to a stalemate on the implementation of the CPA items on the national capital. These include representation in the Administration of the national capital; establishment of mechanisms to guarantee the rights of non‐Muslims in the national capital; representation of the people of Sudan in the law enforcement agencies in the national capital and provision for their adequate training.

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85. The Presidency met on 3 January 2006 to resolve a number of outstanding issues related to the Khartoum State Government and the Commission for the Protection of the Rights of Non‐Muslims in the National Capital. (3/06)

i) State Constitution

86. On 3 January 2006, President Bashir, First Vice President Kiir and Vice President Taha met and decided that the Cabinet for the administration of the National Capital would include eight ministers: four from NCP, two from SPLM (one of them deputy Governor) and two from Northern political forces (one of them deputy Governor).

87. The State Legislative Assembly of Khartoum adopted the state constitution on 30 May 2006.

88. The Governor of Khartoum signed the State Constitution into law on 5 June. On 17 June, Governor of Khartoum State issued a decree appointing the Ministers of the State Government. Five ministerial posts were allocated to the NCP, two post for the SPLM and two posts to other northern political groups. One post has been reserved for a Darfurian representative. (6/06)

89. In July, the SPLM protested the Khartoum State Governor’s appointment of his northern deputy as Acting Governor in his absence. Khartoum State Deputy Speaker Abdalla Tiah claimed that the State Constitution and the INC required that the SPLM deputy assume the post in the Governor’s absence. (7/06)

ii) Representation of Sudanese People in Khartoum Law Enforcement

90. The Police maintain that the Khartoum police force is representative, with recruits accepted from across the country. While Southerners and Darfurians make up the majority of Non‐Commissioned Officers (NCOs), the majority of officers are from the Northern States. Following the signing of the CPA, it was agreed that positive discrimination towards Southerners and Darfurians would be applied at the Police College (Rabat University) with a lower entrance mark being accepted. The Police maintain that at least 20% of the 350 officer candidates to be enlisted at the Police College of Rabat University would be from the South.

91. The Khartoum State Legislature is currently checking the compatibility of current police legislation with the INC and the CPA. (7/06)

iii) The Commission for the Protection of the Rights of Non‐Muslims in the National Capital

92. The Commission for the Protection of the Rights of Non‐Muslims in the National Capital (to be formed by a Presidential decree) is yet to be established. (7/06)

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93. In August, the Presidency approved the structure of the Commission on the Protection of the Rights of non‐Muslims in the National Capital. It will be composed of 27 members, including legal experts and traditional leaders, Muslims and Christians. (8/06)

1.2 INSTITUTIONS AT THE SOUTHERN SUDAN LEVEL

A) Legislation and Constitutions

94. On 11 September 2005, First Vice President Salva Kiir received the draft Interim Constitution of Southern Sudan (ICSS) from the 40‐member Southern Sudan Constitution Drafting Committee (SSCDC). The SSCDC has representation from all ten southern States, and includes 28 SPLM members, six NCP members and six representatives of other Southern political parties. The SSCDC worked on a draft prepared by a 14‐person SPLM technical committee. On 17 September 2005, the Minister of Justice formed a committee to examine the draft’s compatibility with the INC. The Transitional Southern Sudan Legislative Assembly approved the draft constitution at the end of October 2005. On 24 November 2005, the National Ministry of Justice issued a certificate of the ICSS’ compatibility with the INC. The President of the GoSS signed into law the Interim Constitution of Southern Sudan on 5 December 2005.

95. In December 2005, the SSCDC drafted the model Constitution for Southern States in Rumbek. In February 2006, a committee met to tailor the model constitution for each State. State Constitutions then need to be approved by the State Legislatures, forwarded to the GoSS Ministry of Legal Affairs and subsequently to the GNU Ministry of Justice for certification. (28/2/06)

96. Bahr el Jebel State Assembly suggested that three additional peculiarities be added to their draft: 1) change of the state name to Central Equatoria State; 2) Juba to be the Capital of State; 3) Bari language to be the third official language in the State. (5/06)

97. On 5 August, the GoSS Council of Ministers, in an extra‐ordinary meeting chaired by President Kiir, decided that Juba will remain the capital of Southern Sudan and seat of the GoSS. (7/06)

98. The States of Jonglei, Lakes and Western Equatoria are the only three of the ten Southern States which have not yet submitted their State Constitutions to the Ministry of Legal Affairs and Constitution Development. The Constitutions for Northern Bahr el Ghazal, Unity, Bahr el Jebel and Eastern Equatoria are ready for handing over to the Ministry of Justice in Khartoum while the Constitutions for Upper Nile, Western Bahr el Ghazal and Warrab States are with the GoSS Ministry of Legal Affairs and Constitutional Development. (6/06)



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A) The Southern Sudan Executive

99. Salva Kiir became the President of the Government of Southern Sudan (GoSS) on 11 August 2005, following the death of John Garang. As stipulated in the CPA, the SPLM Chairman shall be the First Vice President and shall at the same time hold the posts of the President of the GoSS and Commander‐in‐Chief of the SPLA.

100. Riek Machar was appointed Vice President of the GoSS on 19 August 2005.

101. On 18 October 2005, Abdout Agua Jok was appointed Secretary‐General of the GoSS Council of Ministers.

102. The ten Governors of Southern States were appointed on 22 October 2005 by decree of the President of GoSS. (See Annex 7 for complete list)

103. Ten Southern State Governments were established in December 2005. (See Annex 8 for complete list)

104. Pending the adoption of the Interim Constitution of Southern Sudan, the care‐taker Government of Southern Sudan (GoSS) was established on 22 October 2005 and sworn‐in on 24 October 2005. The SPLM consolidated its economic, security and military base by holding on to key ministries, notably Cabinet Affairs, Police and Security, Legal Affairs, Finance, Information and Regional Cooperation. The GoSS line‐up reflected a regional balance, with each of the ten states represented at the ministerial level. Nevertheless, the composition of the GoSS was criticized as lacking in inclusiveness, as some of the smaller tribes were not represented. Southern Muslims were also excluded, while only two of the 22 ministerial portfolios were held by women. (See Annex 5 for complete list).

105. A celebration took place in Juba on 9 January 2006 to commemorate the one‐year anniversary of the signing of the CPA. No senior member of the National Congress Party was present at the event. Former Kenyan President Moi and the current Ugandan Vice President Gilbert Bukenya attended along with several ambassadors and IGAD chief mediator and Ambassador Lt. Gen. L.K. Sumbeiywo. Senior officials from UNMIS also took part in the celebration. (1/06)

106. After the signing of the Juba Declaration on 8 January 2006 between the Sudan People’s Liberation Army (SPLA) and the Southern Sudan Defence Force (SSDF), GoSS President Kiir issued a number of decrees to facilitate SSDF integration: decree number 19 appointing Paulino Matip as the Lieutenant‐General of the SPLA.

i) Decree number 20 appointing Paulino Matip as the Deputy Commander in Chief of the SPLA.

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ii) Decree number 21 appointing the members of the Juba Declaration Executive Board (Paulino Matip, Paul Mayom, Lt.Gen. Oyai Deng, Maj.Gen. Simon Gatwec, Col. Stephen Manyok).

iii) Decree number 22 appointing the members of the Technical Committee.

iv) Decree number 23 appointing Gabriel Changson as the Minister of Parliamentary Affairs.

v) Decree number 24 granting immunity to everyone in the SPLA and Juba signatories in the SSDF as of the date of the decree. (28/2/06)

107. The Military Technical Committee (MTC) reported that the process of incorporating former SSDF troops in Unity State and Malakal has started. The MTC is under the command of Maj. Gen. Mohamed Mate and Maj. Gen Simon Gatwich. It is expected that the process will be finished around mid‐2006. (5/06)

B) Legislature of Southern Sudan

108. On 20 September 2005, FVP Salva Kiir issued a decree appointing the Transitional Southern Sudan Legislative Assembly. The Assembly is composed of 161 members (110 from SPLM, 25 from NCP, 26 from other Southern political parties (seven from Union of Sudan African Parties (USAP), three from Sudanese African National Union (SANU), four from United Democratic Salvation Front (UDSF), four from Southern Sudan Democratic Forum (SSDF), four from United Democratic Front (UDF), four from USAP2 (splinter of USAP)). The Assembly convened its first session on 26 September 2005 and elected Mr. James Wani Igga (SPLM) as Speaker and Mr. Tor Deng (NCP) as Deputy Speaker. After the adoption of the Interim Constitution of Southern Sudan on 5 December 2005, the TSSLA reconstituted itself into the Southern Sudan Legislative Assembly.

109. The 2006 GoSS budget was presented to the Cabinet on 22 March 2006 by the Ministry of Finance and approved by the Southern Sudan Legislative Assembly on 10 May 2006. The total budget amounts to $ 1.7 billion, which would be raised from Government revenues and grants. $ 1.3 billion will derive from oil revenues, $ 393 million from Donor Grants, and $ 6.1 million from grants by the GNU. Out of the total $ 1.7 billion, only $ 4 million will come from non‐oil resources. SPLA has been allocated 40% of the total budget out of which 25% would be funded from the oil revenues. (5/06)

110. The SSLA Business Committee continues to work during the Assembly’s recess to approve workplans for the 15 specialized parliamentary committees. (7/06)



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111. It is understood that legislation to establish the Southern Sudan Population Census Council has been drafted. (8/06)

C) The Judiciary of Southern Sudan

112. The SPLM nominated Chief Justice Ambrose Riiny as President of the Supreme Court of Southern Sudan.

113. The remaining judges of the Southern Sudan Supreme Court were nominated. The following judges were named to the bench: Justice Chan Reec Madut, Justice Attilio Fuad Zolein, Justice Lako Tranquillo Nyombe, Justice Ruben Madol Arol, Justice Ajak Der Kom. (28/2/06)

114. On 24 June in Juba, the Judges of the High Court and Court of Appeal of Southern Sudan were sworn in. (6/06)

D) Commissions

115. In early 2006, Six four‐member CPTs composed of four members were formed to set up six CPA Commissions in Southern Sudan: the Land Commission, Civil Service Commission, Human Rights Commission, Anti‐Corruption Commission, Relief and Rehabilitation Commission and Disarmament, Demobilization and Reintegration (DDR) Commission. The teams were given one month to draft the Commissions’ terms of reference and organizational framework, with a view to passing legislation to establish the Commissions. (3/06)

116. On 3 May 2006, FVP Kiir issued a Presidential Decree appointing the Chairperson and Deputy Chairperson for the Southern Sudan DDRC. The Chairperson and Deputy Chairperson are expected to collaborate with the Ministry of Legal Affairs and Constitutional Development and the Ministry of Labour, Public Service and Human Resource Development to finalize the draft Act and the regulations that shall govern the work of the Commission. (5/06)

117. On 27 June, President of GoSS Salva Kiir signed 14 Presidential Decrees making appointments to a number of Commissions and bodies: the Southern Sudan (SS) Relief and Rehabilitation Commission, SS De‐ Mining Authority, SS Peace Commission, SS Anti‐Corruption Commission, SS Human Rights Commission, SS Public Grievances Chamber, SS Reconstruction and Development Fund, SS Civil Service Commission, SS Land Commission, SS Fiscal and Financial Allocation and Monitoring Commission, SS Center for Census, Statistics and Evaluation, SS HIV/AIDS Commission, SS Audit Chamber and the SS Employees Justice Chamber. The text of the decrees is in Annex 44.

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118. The decrees do not actually establish the bodies, which generally require a legislative basis. The decrees request the nominees to help draft legislation to establish the bodies, and to help determine their terms and conditions of service. (6/06)

1.3 INSTITUTIONS AT THE STATE LEVEL

A) Legislation and Constitutions

119. On 19 October 2005, Vice‐President Taha received a copy of the model constitution for the Northern states. Most of the states in the North had to revise their drafts in order to comply with the model constitution. The National Constitutional Review Commission (NCRC) did not draft the model Northern State Constitution. (1/06)

120. With the promulgation of the state constitution for Khartoum in June 2006, Southern Kordofan is the only one of the fifteen northern states yet to adopt a Constitution. (6/06)

121. The CPA transfers much legislative authority to the states, which now face a demanding legislative agenda. The Ministry of Federal Government is drafting model laws for state legislatures, to facilitate the legislative process and promote harmony between the northern states’ legislative regimes. (7/06)

B) The State Executive

122. On 27 August 2005, the President appointed Governors for 14 Northern States: Khartoum, Sinar, Red Sea, North Darfur, North Kordofan, Jezira, Kassala, Gadarif, Gezira, River Nile, Northern Blue Nile, White Nile, West Darfur and South Darfur. The Governor of Southern Kordofan was appointed at a later date and took up his post on 20 October 2005. (See Annex 6 for complete list)

C) The State Legislature

123. On 17 January 2006, the Governor of Khartoum State, Dr. Abdel Halim Al‐Mutafi, issued a decree appointing the members of the Khartoum State Legislative Assembly. The Assembly membership includes 31 representatives from the NCP, five from the SPLM and nine from Northern political forces. (1/06)

124. The State Legislative Assembly of Khartoum adopted the state constitution on 30 May 2006. The Governor signed the Constitution into law on 5 June. (6/06)

125. The Khartoum State Legislative Assembly is currently reviewing the current state police and land legislation for compatibility with the INC and the CPA.

D) The State Judiciary

126. No significant developments have taken place in this area.

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2 Wealth‐Sharing Agreement

2.1 LAND OWNERSHIP AND NATURAL RESOURCES

127. Six National Commission Preparatory Teams (CPTs) have been established, including the National Land Commission CPT. On 8 November, the Land Commission CPT met with FAO to discuss two drafts for the National Land Commission Act. No progress has been made to date. (3/06)

2.2 OIL REVENUES (INCLUDING THE NATIONAL PETROLEUM COMMISSION (NPC))

A) Sharing of Oil Revenues

128. Shortly after the CPA was concluded, the Joint Assessment Mission (JAM) estimated that the GoSS would receive $1.2 billion in oil transfers for 2005 in the National budget 2005, though most reports suggested that a lower figure of $700 million would be more realistic. The GNU and GoSS disagree over boundaries, particularly in the oil producing areas, as well as reservations over the figures of oil production (which according to the GNU were 23% below expectations).

129. At the Sudan Consortium meeting, which took place in Paris on 9‐10 March 2006, the NCP and the SPLM assured donors that these disagreements had been resolved, and reported that by the end of October 2005 GoSS revenues from oil transfers from the GNU totalled $ 294 million, with a remainder of approximately $ 30 million expected to be transferred shortly. However, transfers to oil producing states as per the provisions of the Wealth Sharing Agreement have been delayed. (3/06)

130. The Sudan Consortium meeting provided an opportunity to build confidence and trust among partners by focusing on increasing transparency of GNU and GoSS budgets and good governance. Some additional pledges were also made during the meeting. The Presidential Statement made by Salva Kiir at the event is in (Annex 37). (3/06)

B) Existing Oil Contracts and Compensation

131. Although the Bank of Sudan has confirmed that discussions within the Joint National Transitional Teams (JNTT) are on‐going on the issue of existing oil contracts and compensation, little progress has been made in this area. As per the wealth sharing agreement, the GoSS was to establish a Technical Team to review existing contracts within 30 days of signature of the CPA, though there is no provision for renegotiating such contracts. The Team has not been established due to staffing constraints within the GoSS.

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The GoSS has reportedly requested the Government of Norway to make available technical assistance as provided for in the CPA.

132. In addition, reports suggest that the GoSS and the National Congress Party are in dispute over the rights to sign oil contracts and the status of existing oil contracts. The SPLM claims that prior to the formation of the GNU, the Minister of Energy refused access to existing oil contracts. The JNTT has since confirmed that data has been collected but not yet passed to the GoSS because the National Petroleum Commission had not yet been established.

133. No action has yet been taken on compensation of victims of oil contracts provided for in the wealth‐sharing agreement. However, the issue has been raised in the context of the South‐South Dialogue and is included in the Dialogue’s action points. There are high expectations that the proper functioning of the NPC will bring greater transparency to the process of estimating and managing oil revenues.

134. Despite the various statements by politicians and other high‐ranking officials, little progress has been made to clarify the oil dossier. However, on 27 February 2006, Minister of Finance al‐Zubair announced the creation of an eight‐member committee (4 NCP and 4 SPLM) to audit the oil revenues. It is at this time unclear whether this committee is in fact an element of CPA implementation (in this case Wealth Sharing Matrix D 2 and 5) and whether it has the support of the SPLM. (28/2/06)

C) National Petroleum Commission (NPC)

135. The National Petroleum Commission was established on 30 October 2005 by Presidential Decree and the membership announced in a second decree on 1 November 2005 (Annex 3). The NPC held its first meeting on 26 November 2005 to discuss the functioning of the commission and policy guidelines. During the meeting, it was agreed to establish technical commissions to look at the oil price, predicted production for 2006, and division of revenues between the GNU and GoSS.

136. The NPC was supposed to have established sub‐committees intended to study the details of the commission’s internal regulations, but they are yet to be formed. There were no agreements on the rules of procedure or the mandate and composition of the Secretariat for the commission. (28/2/06)

137. The work of the NPC, in part, is being impeded by disagreement over its competence, particularly whether it should function as an advisory body or a decision‐making body. There were also disagreements over the establishment of the Secretariat, whether it should be part of the Ministry of Energy and Mining or be independent, and whether it has a role in negotiating contracts. (4/06)


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138. The NCP‐SPLM Joint Leadership Conference in May 2006 was unable to resolve all disputes over the NPC, but did agree to establish Joint Monitoring Teams to verify actual oil production in the oil fields. (6/06)

2.3 BUDGETING AND FISCAL DECENTRALIZATION

139. The GNU has prepared budget allocations for 2006. The GNU Ministry of Finance and National Economy prepared a draft for discussion with internal committees involving relevant ministries, including expected programming and cost sharing components for Multi‐Donor Trust Funds (MDTF) programmes in 2006. The budget included significant allocations to the Three Areas (Abyei, Southern Kordofan and the Blue Nile State) and to Darfur, as well as priority interventions on capacity building, social services and rural development and infrastructure, with an anticipated total contribution from GNU resources to MDTF programmes of over $290 million. The budget was presented for discussion and after the fourth and final reading, the National Assembly approved the budget for 2006 on 15 December 2005. Key elements of the budget were presented to the international donor community (including the World Bank and the UN) on 20 November 2005. While donors appreciated the step toward greater transparency, several questions remained with respect to overall GNU allocations beyond expected MDTF programmes and the transfer of oil and non‐oil revenues to the GoSS.

140. The GoSS Ministry of Finance and Economic Planning hosted a workshop in Juba on 22‐23 November 2005 with the support of the World Bank and including representatives of the 10 Southern states, line ministries and donors. The purposes of the workshop were to clarify the GoSS budget process for 2006, provide an indicative framework to all spending agencies, and discuss external financing. The GoSS Ministry of Finance and Economic Planning specified that the 2006 budget will be in force by 1 April 2006, while for the period December 2005‐March 2006 an extension of the 2005 budget will be applied.

141. The Ministry of Finance and Economic Planning finalized the GoSS 2006 budget, which was passed by the Southern Sudan Legislative Assembly in May 2006. The budget included allocations for the ten Southern States and the cost sharing for MDTF programmes for 2006. (5/06)

2.4 FISCAL AND FINANCIAL ALLOCATION AND MONITORING COMMISSION (FFAMC)

142. A Presidential decree established the Fiscal and Financial Allocation and Monitoring Commission (FFAMC) on 15 November 2005 (Annex 3). A task force led by the Joint National Transition Team worked on developing the legislation and the FFAMC’s terms of reference.


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143. The FFAMC’s Chairperson submitted his resignation on 26 February 2006, citing lack of guidance and infrastructural and secretarial support as his reasons for resigning. Also, it was noted that the FFAMC’s composition made it difficult for the body to meet due to the travel requirements of the GoSS participants. The Presidency did not accept the Chairperson’s resignation and the Ministry of Finance announced on 5 March 2006 that the World Bank had made a $300,000 grant available to support the functioning of the FFAMC. (3/06)

144. Improper functioning of the FFAMC would have significant implications by delaying the transfers of national revenues to states, and in particular to the Three Areas. Transfers to the Three Areas (Abyei, Southern Kodofan and the Blue Nile States) were reported at the Sudan Consortium meeting to have reached only $200,000 by the end of October 2005 (3/06).

145. The FFAMC completed its three‐day meeting on 29 May 2006. Finance Ministers of States discussed resource distribution and other issues related to the work of the commission. (5/06)

2.5 NATIONAL AND SOUTHERN SUDAN AUDIT CHAMBERS

146. The JNTT announced in June 2005 that a new national accounting system had been developed, and that the auditors’ chambers were being set up. However, no progress seems to have been made on this since.

147. On 27 June, President of GoSS Kiir nominated 4 appointees to the Southern Sudan Audit Chamber, which is still without legislative basis.

148. The World Bank, with the support of USAID, worked with the GoSS to develop a Core Fiduciary Systems Support Programme for funding through the MDTFs. The grant agreement for the approved programme was signed in 21 February 2006. The Terms of Reference for the auditing firm is being finalized. In addition, the Bank and USAID continue to work with the Ministry of Finance on reviewing payment and procurement systems, accounting systems, internal audit and financial management. The MDTF Interim Oversight Committee‐Southern Sudan also agreed in October 2005 to an Emergency Package for Southern Sudan, which includes $3 million to identify and hire a procurement agent and a project accounting firm for the GoSS. (3/06)

2.6 JOINT NATIONAL TRANSITION TEAM (JNTT)

149. The Joint National Transition Team was established in Nairobi on 9 March 2005. Originally foreseen as having an important role in resource mobilization and implementation of the findings of the Joint Assessment Mission (JAM), the NCP and SPLM

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agreed in June 2005 that the JNTT should cover the CPA’s power‐sharing as well as wealth‐sharing provisions.

150. Following the formation of the GNU and GoSS, and the appointment of several JNTT members to new positions, there was some doubt as to the composition and role of the body. During this period, the JNTT was most significantly involved in coordination of the CPTs. Though the JNTT chaired initial meetings of the MDTF Interim Oversight Committees, further to the formation of the GNU and GoSS, this role has now been taken over by the respective Ministries of Finance. On 6 December 2005, a Presidential decree was issued with revised terms of reference and functions for the JNTT. (JNTT’s new mandate and composition are in Annex 9).

151. The JNTT has established a secretariat in Khartoum to support the work of the JNTT members. The JNTT played an important role in preparations for and during the Sudan Consortium meeting which was held on 9 and 10 March in Paris. UNDP is also working closely with the JNTT by providing international consultants to perform a needs assessment for a technical secretariat. There have been reports that the JNTT will focus on charting progress with regard to security institutions, DDR, equitable and effective delivery of basic services and conflict resolution. (3/06)

2.7 BANKING AND CURRENCY

A) Banking

152. On 20 November 2005, President Bashir issued a decree appointing the members of the Board of Directors of the Central Bank of Sudan.

153. On 18 October 2005, the SPLM appointed Elijah Malok Alonj (previously Executive Commissioner Southern Sudan Relief and Rehabilitation Commission) as Governor of the Southern Sudan Central Bank.

154. In June 2005, the JNTT reported that the Bank of Sudan has been restructured to accommodate a dual (Islamic and conventional) banking system, as per the provisions of the wealth‐sharing agreement. In addition, a Bank of Sudan Act was passed in the National Assembly on 25 September 2005. The National Assembly amended the Act to grant itself an oversight role. The Central Bank of Sudan Act was adopted by the National Assembly in October 2005 and endorsed by the President of the Republic in November and sent to the Ministry of Justice for publication in the official Gazette of Laws.

155. On 18 July, the GoSS and the Central Bank of Sudan signed a Memorandum of Understanding, and the Bank of Sudan opened its Juba branch of 19 July. (7/06)

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B) Currency

156. As per the provisions of the wealth‐sharing agreement, a new currency should be adopted during the Interim Period. In a Currency Workshop hosted by the Government of Norway in Nairobi on 17‐21 February 2005, the NCP and SPLM agreed to the Sudanese Pound as the new currency. The total budget for the adoption of the currency has been estimated at $120 million, though preliminary comments by the IMF suggest that the overall costs could be brought down significantly, for example by printing outside Sudan and using more notes instead of coins.

157. Until recently, work on this issue was hampered, in part by the inability to reach agreement on financing of the currency. However, further to discussions with the World Bank, the Bank of Sudan agreed in early December 2005 to shoulder those costs that would be incurred locally (including printing and minting of coins, and rehabilitation of the Sudan Currency Mining Company), estimated at $40 million. It was further suggested that the remaining components including banknote manufacturing, ink, and equipment for printing, the costs of which are estimated at $60 million, could be submitted for financing by the MDTFs ($30 million MDTF‐National, and $30 million MDTF‐Southern Sudan). Further work will be undertaken with the IMF to try, among other issues, to bring down these estimated costs.

158. The IMF conducted a mission to look into these matters in more detail, and the ensuing report and the recommendations for the production and funding of the new currency is ready for release pending the approval of the Ministry of Finance. The total cost of the operation has been brought back to $ 70 million. The issue of financing the new currency was discussed in the context of the Sudan Consortium meeting in Paris (9‐10 March 2006). No formal decisions have however been taken regarding donor financing. (3/06)

159. An MDTF proposal on the new currency was discussed in the August meeting of the MDTF National Oversight Committee. The full cost of implementing the currency is USD 154 million of which USD 79 million was requested from the MDTF. The Oversight Committee suggested that this should be a national responsibility, which would require approval also by the Southern Oversight Committee. (8/06)

160. The Deputy Governor of the Bank of Sudan briefed the National Assembly about the new currency. The design has been finalised. It will be introduced in the South first, possibly as soon as August. (6/06)

2.8 RECONSTRUCTION AND DEVELOPMENT FUNDS (INCLUDING MDTFS)

A) Multi‐Donor Trust Funds (MDTFs)

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161. The MDTFs (National and South) became operational in June 2005 with the holding of the first Interim Oversight Committee meetings (see the structure of MDTFs in Annex 10). The national Oversight Committee has approved a portfolio of initial and final project proposals including: a technical assistance facility, a community development fund, capacity building of the judiciary, national emergency transport, capacity building for public‐sector reform/decentralization, and decentralized health system development. In the south, the Oversight Committee has approved a portfolio including: the rapid impact emergency project, emergency transport and infrastructure development, core judiciary system support, umbrella program for the health system, education rehabilitation, rule of law, water supply, hygiene and sanitation services, support services to agriculture and forestry, capacity building of livestock and fisheries, and institutional and human resource development. Both oversight committees have also approved a national program on the Sudan Census. (8/06)

162. A

i t i august - mafhoum · 2013. 7. 3. · similar act promulgated as a provisional presidential...

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