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Sudan: Protocol on power sharing

Protocol
Between
THE GOVERNMENT OF SUDAN (GOS)
AND
THE SUDAN PEOPLE'S LIBERATION MOVEMENT (SPLM)
ON
POWER SHARING

Naivasha, Kenya, Wednesday, May 26, 2004

PREAMBLE:

CONSCIOUS of the need for an expeditious termination of Sudan's protracted and costly war;

MINDFUL AND AWARE of the yearning of all the Sudanese for a quick, just and sustainable peace;

ENCOURAGED by the progress made thus far in our pursuit for realizing comprehensive Peace Agreement in the Sudan;

DETERMINED to crown the valuable achievement of this Peace Process by arriving at an equitable and fair formula for sharing power in the Sudan;

RESOLVED to usher in an era of responsible, just, transparent, people-led and integrity based governance;

CONVINCED that decentralization and empowerment of all levels of government are cardinal principles of effective and fair administration of the country;

COGNIZANT of the fact that the smooth and successful implementation of this agreement shall, to a large measure, hinge on rallying the majority of the Sudanese people behind it; and

CONVINCED that the successful implementation of this agreement shall provide a model for good governance in Sudan that shall help to create a solid basis to make unity of the country attractive and preserve peace.

NOW THEREFORE, the Government of the Sudan (GOS) and the Sudan People's Liberation Movement (SPLM) hereby agree as follows:-

PART I

1. GENERAL PRINCIPLES

1.1 In accordance with the Machakos Protocol agreed to at Machakos, Kenya, on 20th July, 2002, the following Protocol on Power Sharing forms an integral part of the overall Peace Agreement.

1.2 The Parties reaffirm their acceptance of the Agreed Principles (of Governance) as stipulated in the Machakos Protocol of 20th July, 2002. The modalities of implementation of these principles are the object of the present Protocol on Power Sharing.

1.3 In accordance with the Machakos Protocol, the structures of governments in the Sudan shall be as follows during the Interim Period:-

1.3.1 The National level of Government which shall exercise authority so as to protect and promote the national sovereignty of Sudan and the welfare of its people;

1.3.2 The Southern Sudan level of Government which shall exercise authority in respect of the people and States in the South;

1.3.3 The States throughout Sudan which shall exercise authority at the state level and render public services through the level of government close to the people; and

1.3.4 The level of local government throughout the Sudan.

1.4 The Parties agree that the following principles shall guide the distribution of powers and the establishment of structures:

1.4.1 Recognition of both the sovereignty of the nation as vested in its people as well as the need for autonomy of the Government of Southern Sudan and States throughout the Sudan;

1.4.2 Affirmation of the need for both national as well as state and Southern Sudan norms and standards so as to reflect the unity of the country and the diversity of the Sudanese people;

1.4.3 Acknowledgement of the need to promote the welfare of the people and protect their human rights and fundamental freedoms;

1.4.4 Recognition of the need for the involvement and participation of the people of South Sudan at all levels of government and National institutions as an expression of the national unity of the country;

1.4.5 Pursuit of good governance, accountability, transparency, democracy, and the rule of law at all levels of government to achieve lasting peace;

1.4.6 Recognizing the need to legitimize the arrangements agreed to herein, fair electoral laws shall be adopted, including the free establishment of political parties. Elections at all levels of government shall be held by universal adult suffrage.

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