Text of the protocol between the Government of Sudan and the SPLM on resolving the Abyei conflict
Naivasha - Kenya - 5/26/2004
Text of the agreement on the Abyei area
A special administrative situation under the presidency until elections are organized
“This is the full text of the proposal entitled “Principles of Agreement on Abyei,” which was presented by US Special Envoy Senator John Danfort to the First Representative of the Republic of Sudan, Ali Osman Mohamed Taha, and the head of the Sudan People’s Liberation Movement, Dr. John Garang, on March 19, 2004. The two parties announce their agreement to adopt these principles as a basis for resolving the conflict over Abyei.
This paragraph was included in a footnote on the first page of the protocol on resolving the conflict over Abyei, which was signed last Wednesday in Naivasha. Below, “the statement” presents the literal text of the protocol, translated from its original text in English into Arabic.
1 - Principles of the agreement on Abyei
1 - 1 - 1 - Abyei is a bridge between the north and the south and connects the people of Sudan.
1 - 1 - 2 - The region includes nine chiefdoms of the Ngok Dinka, which were transferred to Kordofan in 1905.
1 - 1 - 3 - The Misseriya and other pastoral groups retain their traditional rights to graze and move across the lands of Abyei.
1 - 2 - The transitional period
By signing the peace agreement, Abyei is granted a special administrative status, such that:
1-2-1 Residents of Abyei shall become citizens of both West Kordofan and Bahr al-Ghazal and shall have representatives in the legislative councils of the two states.
1 - 2 - 2 - Abyei is run by a local executive council elected by its residents, and until elections are held, the Presidency of the Republic appoints the members.
1 - 2 - 3 - The net oil revenues of Abyei during the transitional period will be distributed among six shares, with the national government receiving 50%, the government of South Sudan receiving 42%, the Bahr el Ghazal region receiving 2%, Western Kordofan receiving 2%, the local authorities in the Dinka Ngoq receiving 2%, and the local authorities in the Misseriya receiving 2%.
1 - 2 - 4 - The national government helps Abyei improve the living conditions of its residents, including sponsoring development and urban projects.
1 - 2 - 5 - International observers will be deployed in Abyei to ensure the full implementation of these agreements.
1 - 3 - The end of the transitional phase, the residents of Abyei hold a separate referendum in conjunction with the South Sudan referendum. The referendum guarantees the residents of Abyei the following options, regardless of the result of the South Sudan referendum:
A - Abyei maintains a special administrative status in the north.
B - Abyei will be part of Bahr al-Ghazal.
1 - 4 - The borders of January 1, 1956 between North and South Sudan shall not be violated except as agreed upon above.
2-1- Administrative structure.
With the signing of the peace agreement, Abyei obtains a special administrative status under the supervision of the Sudanese Presidency.
2-2 - Abyei is run by a local executive council elected by the residents of Abyei. Until the executive council elections are held, the presidency of the republic appoints the main members.
2-3 - The administration of Abyei shall be comprehensive and representative of all residents of Abyei.
2 - 4 - The Executive Council consists of an administrative head, his or her deputy, and not more than five department heads. The President and his deputies are appointed by the Presidency of the Republic in the period preceding the elections. The Administrative President submits recommendations to the Presidency regarding the appointment of heads of departments.
2 - 5 - The Executive Council, in exercising its powers, shall do the following:
2 - 5 - 1 - Providing necessary services.
2 - 5 - 2 - Supervising and developing security and stability in the region.
2 - 5 - 3 - Proposing development and urban development projects in the region and submitting them to the Abyei Area Council and the Presidency of the Republic.
2 - 5 - 4 - Submit proposals to the national government related to providing assistance that can be provided to improve the living conditions of Abyei residents, including development and urban development projects.
2-6 - The Presidency of the Republic shall decide, based on the recommendations of the Executive Council, the executive, legislative and financial powers that are consistent with the nature of the special status of the Abyei Area in light of this Protocol and other protocols, agreements and the Comprehensive Peace Agreement.
2-7 - In light of the special situation of the Abyei region, the Presidency of the Republic submits to the Judicial Authority to establish courts in the region in an appropriate manner.
3- Financial resources
3-1 - Without prejudice to the articles of the wealth-sharing agreement - the net revenues from Abyei’s oil will be divided during the transitional period as follows:
3-1-1-50% of revenues to the national government.
3 - 1 - 2 - 42% of the revenues to the government of South Sudan.
3 - 1 - 3 - 2% of revenues to the Bahr el Ghazal region.
3 - 1 - 4 - 2% of revenues to West Kordofan.
3 - 1 - 5 - 2% Dinka Ngok.
3 - 1 - 6 - 2% is granted to the Almeria tribes.
3-2- In addition to the previous financial resources, Abyei will obtain the following:
3 - 2 - 1 - Its share of the national income in accordance with the wealth-sharing agreement.
3-2-2 - Revenues from income taxes and other taxes imposed in Abyei.
3 - 2 - 3 - The region’s share from the National Fund for Reconstruction and Development.
3 - 2 - 4 - An equal share from the Southern Development and Reconstruction Fund.
3 - 2 - 5 - National government allocations related to covering the cost of establishing the new administration, running it, and providing services.
3 - 2 - 6 - Grants and donations.
3 - 3 - Under the supervision of the Executive Council, Abyei resettlement agencies and the Development and Reconstruction Fund will be established to supervise relief, repatriation, resettlement, reconstruction, rehabilitation and integration programs in the region, and other specialized agencies may branch out from the Fund.
3-4 - The national government will appeal to the international community and donors to facilitate the return and resettlement of the residents of the Abyei area.
3 - 5 - Abyei’s financial resources, which are described here in Part Three, are deposited in special accounts approved by the presidency from which the region can withdraw.
4 - Public contribution
4-1- The Abyei Area Council shall be established from a number not exceeding 20 members.
4-2 - In the period preceding the elections, the presidency appoints the members of the Abyei Area Council.
4-3- The Abyei Council has the following powers:
4-3-1 - Issuing local laws and legislation within the framework of the authorities of local governments and within the framework of prevailing customs.
4 - 3 - 2 - Approval of the region’s budget.
4-3-3 Adopting plans for reconstruction, development and urban development in the region.
4 - 3 - 4 - Propose to the Presidency of the Republic to relieve the Administrative President or his/her deputy from their positions whenever this is necessary.
4 - 3 - 5 - Contributing to reconciliation efforts in the region.
5- Drawing geographical boundaries
5 - 1 - The Presidency of the Republic will establish the “Abyei Boundary Committee” to determine and demarcate the borders in the nine Ngok Dinka chiefdoms, which were transferred to Kordofan in 1905 and are referred to here as the Abyei region.
5-2 - The presidency determines the formation of the “Abyei Border Committee” and its work schedule. The committee includes experts and representatives of local communities and the local administration. The committee will complete its work in the first two years of the transitional period.
5-3 - The Abyei Boundary Committee shall submit its final report to the Presidency as soon as it is prepared, and upon receiving this report, the Presidency shall take the necessary measures to put the special administrative status of the Abyei Area into immediate implementation.
6 - Residents of the region.
6-1- The residents of the Abyei area are:
A - Members of the Dinka Ngok community and other Sudanese residing in the area.
B - The Abyei Referendum Committee determines the residency criterion.
6-2 - Residents of Abyei shall be citizens of Kordofan and Bahr al-Ghazal and shall have the right to representation in the legislative assemblies in the two states as determined by the National Elections Commission. During the period preceding the elections, the Presidency of the Republic shall decide on this representation.
7- Security arrangements.
7 - 1 - The Abyei Security Committee will be established and headed by the Administrative President and includes the Deputy Administrative President, the Army Commander, the Police Commander, and the representative of the security apparatus.
7 2 Security arrangements: Without prejudice to the agreement, the two parties will form one security team to be deployed in the region during the transitional period.
7 3 International observers will be deployed in the region during the transitional period in the same manner as the comprehensive ceasefire agreement will be agreed upon.
7 4 International observers are deployed to ensure the full implementation of these agreements.
8 Abyei Referendum Committee
8 1 The Presidency shall form the Abyei Referendum Committee to supervise the referendum in Abyei in conjunction with the referendum that will take place in South Sudan. The Presidency shall determine the formation of this committee.
8 2 Residents of Abyei hold a separate ballot, and the voting options include the points below, regardless of the results of the South Sudan referendum.
A Abyei maintains its special administrative status in the north.
B - Abyei will be part of Bahr al-Ghazal.
8 3 The borders of January 1, 1956 between the North and the South shall not be crossed except as agreed upon above.
9 Reconciliation process
After signing the Comprehensive Peace Agreement, the Presidency will urgently begin the peace and reconciliation process for Abyei for the sake of harmony and peaceful coexistence in the region.
Translated by: Kamel Youssef Hussein