Edited
by Alula Berhe Kidani
:UNMIS (United Nations Mission in Sudan) publish a monthly report on the
implementation of CPA (Comprehensive Peace Agreement), called, "The CPA
Monitor". The Report published a valuable document for all parties
interested and will be followed in these pages on more specific issues on the
CPA.
Highlights
This report covers the period from mid-December to end of
January, and summarizes key developments that have taken place during the
reporting period.
The Joint Defence Board (JDB) was established on 29
December and was preceded by the enactment of the Joint Integrated Units Act on
17 December. The "Juba Declaration on Unity and Integration of SPLA and
SSDF" was signed on 8 January.
Other Armed Groups (OAGs) incorporation process was
postponed until 9 March in order to allow for a more thorough recording of
detailed information on each OAG. SAF claim its redeployment is on schedule, but
this is being verified by the UN Military Observers.
The redeployment of SPLA in the East has been postponed for
logistical reasons with the agreement of both parties and the JDB.
A celebration took place in Juba on 9 January to
commemorate the one year anniversary of the signing of the CPA. No senior
representative of the National Congress Party was present at the event.
All but three states (Khartoum, Southern Kordofan and
Gezira) of the 15 Northern States have adopted their state constitutions. In the
South, a model Constitution for 10 Southern States was drafted during the month
of December in Rumbek. A committee comprised of 100 members will add the
peculiarities of each State to the existing model for subsequent submission to
the relevant state legislatures.
"The SPLM and the NCP have delivered to you the CPA, a
just and honorable peace with dignity" Late Dr. John Garang
The CPA Monitor 1 January Report on the Implementation of
the CPA The National Constitutional Review Commission (NCRC) was re-established
by a Presidential decree on 7 January. The new mandate of the NCRC is to review
the Interim National Constitution throughout the Interim Period, but the decree
does not mention that the NCRC shall "detail the mandate and provide for
the appointment and other mechanisms to ensure the independence of the
institutions," as stipulated in the CPA.
Among the commissions that have been established, only the
Assessment and Evaluation Commission (AEC) and the National Judicial Service
Commission (NJSC) met during the reporting period. The Ceasefire Joint Military
Committee (CJMC) continues to meet regularly. The Ceasefire Political Commission
has yet to convene its first meeting. The National Human Rights Commission, the
Civil Service Commission, the Land Commission and the National Electoral
Commission are yet to be established. The Commission for the Protection of the
Rights of non-Muslims in the National Capital was announced, but has not yet
been formed.
The current session of the National Assembly should have
ended on 31 December, but was extended by the Speaker in part to avoid the six
provisional Presidential Orders lapsing with no retroactive effect. The Southern
Sudan Legislative Assembly has been in recess since Christmas. It is due to meet
in March.
In the Wealth Sharing Sector, there have been conflicting
reports and figures regarding the share of oil revenues that have been
transferred to the GoSS. Official figures were unavailable.
In the Three Areas, failure to agree on the state
constitution in Southern Kordofan is inhibiting proper government function while
in Abyei, the civil administration is yet to be established. Some 11,000 people
have returned to Abyei since July 2005 (WFP figures) while projected returns in
2006 indicate that over 200,000 people will return to Southern Kordofan, which
is the highest figure in Sudan (JLO/FAO figures).
A countrywide radio frequency has been granted (with the
exception of Darfur) to UNMIS but the license to operate has still not been
allocated. UNMIS Radio has been given verbal approval to operate independently
in Southern Sudan and in the Three Areas. In Khartoum, negotiations for a
broadcast license are moving towards a conclusion. Clearance has also been given
to UNMIS to disseminate the CPA in Southern Sudan. In the North, UNMIS intends
to disseminate the CPA to civil society organizations and academic institutions.
Current deployment status as of 31 January: 60% of the
UNMIS military personnel (5901 out of a total approved strength of 9,880) have
been deployed, including 593 UNMOs and 5147 troops from the Troop Contributing
Countries (TCCs).
New developments are indicated in bold, italic and dated
(31/1/06)
Status of the Implementation of the Comprehensive Peace
Agreement
I. 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 INC was adopted by the National Assembly and the
SPLM National Liberation Council on 6 July.
2. The National Judicial Service Commission Act was adopted
by the National Assembly in October and endorsed by the President in November.
It was sent to the Ministry of Justice for publication in the official Gazette
of Laws. The Act is not consistent with the INC or the Interim Constitution of
Southern Sudan (ICSS) as it incorrectly provides for the President of the
Republic to appoint all judges throughout the Sudan. A Constitutional challenge
of the Act may arise. (31/1/06)
3. The Constitutional Court Act was approved by the
National Legislature on 1October. It was signed by President Bashir in November.
4. No progress has been made on the enactment of the
Political Parties Act, the National Civil Service Act, the National Security
Act, and a founding law on Development and Promotion of National Languages. Some
progress has been made on the preparation of the Human Rights Commission Act.
5. The Joint Integrated Units (JIUs) Act was endorsed by
the National Assembly on 17 January. The Act covers the establishment of the
JIUs, their mandate, areas of deployment, uniform, and common doctrine. The Act
also specifies the rules relating to the formation of the Joint Defense Board
(JDB) and its mandate. The JIUs Act is in (Annex 18) (31/1/06)
B) The National Executive
6. The three-member Presidency was inaugurated on 9 July.
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 after
the death of Dr. Garang on 30 July in a helicopter crash.
7. The days following the announcement of Garang's death
were marked by riots and outbreaks of violence in Khartoum and other locations.
A state of emergency was imposed at the state level in Khartoum and Juba, which
was lifted after a few days. The pre-CPA, long standing state of emergency has
been lifted in all states except Darfur, Kassala and the Red Sea States.
8. 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 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
included one Presidential Assistant, 12 Presidential Advisors, 28 Federal
Ministers and 33 State Ministers. The highly-disputed Energy and Mining
portfolio was retained by the NCP.
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)
9. The officials were sworn-in on 22 September (Complete
list of members of the Government of National Unity in Annex 1).
10. On 27 November, President Bashir issued two decrees
filling the vacant ministerial seat left 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.
11. 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.
12. No progress has been made to date on the establishment
of the National Security Council (NSC) and the National Security Service (NSS).
13. On 3 January, President Bashir, First Vice President
Kiir and Vice President Taha met and decided on the following:
i) the formation of the Cabinet for the administration of
the National Capital to 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);
ii) the establishment of the Commission for the Protection
of the Rights of Non-Muslims in the National Capital (to be followed by a
Presidential decree);
iii) the re-establishment of the National Constitutional
Review Commission with 60 members including 31 from NCP, 17 from SPLM, eight
from Northern political forces and four Southern political forces (Presidential
Decree was issued on 7 January) (31/1/06)
C) The National Legislature
14. The National Legislature (the National Assembly and the
Council of States) was formed and convened on 31 August. Ahmed Ibrahim ElTahir
(NCP) was elected Speaker for the National Assembly and Atim Garang Deng (SPLM)
as Deputy Speaker. Ali Yahia (NCP) was elected Speaker and Remo Olair (SPLM) as
Deputy Speaker for the Council of States.
15. 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 Al Suna, 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.
16. NDA members joined the National Assembly on 28
November, filling the 20 parliamentary seats which had been set aside for it.
17. On 29 November, the National Assembly approved the
chairmanship of its 19 standing specialized committees. The chairmanships were
allocated according to the power-sharing formula, with the NCP chairing ten
committees, SPLM five, other Northern political forces three and the other
Southern political forces one. (Complete list in Annex 2)
18. The current session of the National Assembly should
have ended on 31 December but was extended by the Speaker in part to avoid the
six provisional presidential orders lapsing with no retroactive effect. The six
bills are: the Police Act, the Red Crescent Act, the Act for the Commission on
Higher Education, the Amendment to the Armed Forces Act, the Higher Council for
Wages Act and the Voluntary Work Act. (31/1/06)
D) The National Judiciary
19. The Justices of the Constitutional Court have been
named in accordance with the INC and the Interim Constitution of Southern Sudan
(para 22).
20. On 28 November, President Bashir issued a decree
appointing Mr. John Aungi Kasiba (SPLM) and Dr. Wahabi Mohamed Mukhtar (NCP) as
Deputy Chief Justices. Mr. Jalal-Eddin Mohamed Osman (NCP) was appointed as
Chief Justice.
21. On 7 December, President Bashir established the
National Judicial Service Commission. The enactment of the National Judicial
Service Commission Act, while properly passing through the National Assembly
with the required three readings, bypassed the NCRC.
The SPLM has criticized the Act, contending that the
procedural error as well as key aspects of the new law are not in conformity
with the provisions of the INC or the ICSS, potentially leading to a
constitutional challenge of the Act.
22. President Bashir issued a decree on 24 December,
appointing the President and members of the Constitutional Court. They were
sworn in on 31 December. (31/1/06)
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
23. Ministry of Justice Law Reform: On 19 October 2005, the
Ministry of Justice reestablished 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.
Since then, the Committee has identified more than 50
national laws to review and to propose amendments on a priority basis. The list
includes State Constitutions, Criminal Procedure Act, Criminal Act, Police Act,
Political Parties Act, Judiciary Act, Sudan Bar Association Act, Labor Act,
Prison Act, National Security Act, and Armed Forces Act.
(31/1/06)
