Texts of the Naivasha Protocols:
Status of the Nuba Mountains and Blue Nile states
Below we conclude the publication of the texts of the protocols by presenting the protocol regarding the status of the states of Blue Nile (which will retain its name) and Nuba Mountains or South Kordofan, whose name will be chosen later. According to the text of the protocol, power in the two states will be divided 55% to the ruling party and 45% to the movement. Below is the full text of the protocol, which Al-Bayan translated from its original text in English to Arabic.
Introduction
While the two parties acknowledge that approving the comprehensive peace settlement that the Sudanese people yearn for requires solving the existing problems in the South Kordofan Nuba Mountains and the Blue Nile as a model for solving problems throughout the country, “the issue of the name of the state will be decided before reaching the peace agreement by the committee that represents the state and is formed by both parties.”
Reaffirming that citizenship will be the basis of equal rights and duties for all Sudanese citizens regardless of their race or religion. Emphasizing the importance of recognizing the cultural and social diversity of Sudan as a source of strength and unity. Emphasizing equality, justice, economic development, social well-being and stability as advanced goals for the Sudanese people in general and for the population of areas affected by the conflict in particular.
They now and hereby agree to the following:
1 - General principles:
The two parties agree to the following as a basis for a political, administrative, economic and social solution to the conflict in South Kordofan - the Nuba Mountains and the Blue Nile:
1 - 1 - Human rights and basic freedoms will be guaranteed to all individuals in the state as stipulated in the Interim National Constitution.
1 - 2 - The diverse cultural heritage and local languages of the state’s residents will be developed and protected.
1 - 3 - The development of human resources and infrastructure will be the main goal of the mandate, and this goal will be moved forward to meet humanitarian needs in accordance with the best known practices for sustainable development within a framework that combines transparency and accountability.
2- Definition of the two regions:
2-1 - The borders of South Kordofan State - Nuba Mountains will be the same as the borders of South Kordofan Governorate when Greater Kordofan was divided into two governorates.
2 - 2 - For the purposes of this Protocol, Blue Nile State refers to the currently existing Blue Nile State.
3- Popular consultation:
The Government of Sudan and the Sudan People's Liberation Movement (both parties), committed to reaching a just, equitable and comprehensive peace agreement to end the war in South Kordofan - the Nuba Mountains and the Blue Nile, agree to the following:
3 - 1 - Popular consultation is a democratic right and a working mechanism to verify the views of the citizens of South Kordofan - the Nuba Mountains and the Blue Nile, with regard to the comprehensive agreement reached by the Government of Sudan and the Sudan People’s Liberation Movement.
3 - 2 - This comprehensive agreement will be subject to the will of the citizens of the two states through the legislative councils democratically elected by the citizens of the two states.
3 - 3 - The legislative councils of each of the two states will each form a parliamentary committee for assessment and evaluation, in order to assess and evaluate the implementation of the agreement in each state. The two committees will submit their reports to the legislative councils of the two states by the fourth year after the signing of the Comprehensive Peace Agreement.
3 - 4 - The Presidency will form an independent committee to assess and evaluate the implementation of the Comprehensive Peace Agreement in each of the two states. The committee will submit its reports to the national government and to the two state governments, where these governments will use the reports to correct any procedure that needs correction to ensure accurate implementation of the agreement.
3 - 5 - After the citizens ratify this agreement through the legislative council of either state as it meets their aspirations, then the agreement will become a final settlement of the political conflict in that state.
3 - 6 - If any of the two state legislative councils decides, after reviewing the agreement, to correct, within the framework of the agreement, any deficiencies in the constitutional, political and administrative arrangements of the agreement, this legislative council will conduct negotiations with the national government aimed at correcting these deficiencies.
4- State government structure:
4-1- The state will have the following structure:
4-2 - The executive authority of the state, which will consist of:
4-2-1 - Governor of the state.
4-2-2- State Council of Ministers.
4 - 2 - 3 - Local governments.
4-3 - The state legislative body.
4 - 4 - The judicial body of the state.
5 - The executive branch.
5 - 1 - The governor of the state will be elected directly by voters registered in the state in a general election limited to those who have reached the age of majority.
5-2 - The governor will appoint ministers and commissioners in the state in accordance with the requirements of the interim state constitution, and the state’s council of ministers will be representative.
5 - 3 - The Governor, together with the State Council of Ministers, will exercise the executive powers of the state that will be related to the functional areas stipulated in Lists (A) and (B) along with List (C) attached to this protocol, in accordance with the provisions of the temporary state constitution.
5 - 4 - The State Council of Ministers will be accountable to the Governor and to the State Legislative Council in the ministers’ performance of their duties.
5 - 5 - The state will have elected commissioners and local councils, and the organization and appropriate functional performance by local governments will be the responsibility of the state government.
5-6 - A state security committee will be formed, headed by the state governor. The committee’s membership will include, among other members, the military commander of the region, his deputy, the director of the state police, and the director of the security apparatus.
5 - 7 - Without prejudice to Clause 5 - 6 - mentioned above, the state governor may request the transfer of the director of the security apparatus branch from the state.
5 - 8 - The state police service will adhere to national standards and regulations determined by the National Police Administration.
5 - 9 - Police, prison, wildlife and firefighting officers will be recruited by the state in accordance with national standards and will be trained and commissioned at the national level and returned to the state to carry out service. As for those holding other ranks, they will be recruited locally to serve in the state, and recruitment and training regulations will be developed by the National Police.
5 - 10 - Without prejudice to Clause 5 - 9 - mentioned above, the national authority may agree with the state authority to transfer any number of police officers from the state police to the national police when this is necessary.
5-11 - The state authority may request the national authority to transfer to the state any number of police officers to fill any vacancies in the state.
6 - The legislative authority of the state.
6 - 1 - Members of the State Legislative Council will be elected by registered state voters in accordance with state law and in accordance with the general guidelines contained in the electoral provisions determined by the National Elections Commission.
6-2 - The state legislature will prepare and adopt the state constitution, provided that this constitution is consistent with the interim national constitution.
6 - 3 - The governor of the state will sign any law approved by the state legislative council in the appropriate manner. If this does not happen within 30 days, it will be considered to have been signed and become a law unless the governor submits the law to the Constitutional Court to consider its constitutionality. If the Constitutional Court finds that the law is constitutional, the governor must immediately sign such a law.
6-4 - The Legislative Council will issue laws and legislation for the state within the framework of its legislative powers as stipulated in List (A) attached to this protocol.
6 - 5 - The state laws currently in effect in the state will continue to apply until new laws are implemented by the state legislative council within the framework of its authority.
6 - 6 - The State Legislative Council will decide its rules, procedures and committees and will elect its president and other officials.
6 - 7 - The State Legislative Council may relieve the state governor of his duties, through a vote by a two-thirds majority of the Council members.
6 - 8 - Members of the state legislative council and members of the state executive authority will enjoy the immunities stipulated in the law.
7 - State Courts:
7 - 1 - The structures and powers of the state courts will be subject to the Interim National Constitution.
7-2 - The state constitution will stipulate the establishment of courts in the state according to what is necessary.
7-3 - The state legislature will appoint and dismiss appointed state judges in accordance with the state constitution and with the approval of the national judiciary.
7 - 4 - State laws will provide guarantees for the independence and impartiality of the state judiciary and ensure that state judges are not subject to political or other forms of interference.
7 - 5 - The state courts will have civil and criminal jurisdiction under state and national laws, except that the right of appeal will be limited to the national courts, with respect to matters they consider under national laws.
7 - 6 - The National Legislative Council will determine the civil and criminal procedures to be followed with regard to defense or prosecution in accordance with national laws and in accordance with the Interim National Constitution.
8 - The state’s share in national wealth:
8 - 1 - The national wealth will be shared equally between the different levels of government to ensure that sufficient resources are available for each level to exercise its constitutional powers.
8-2 The states will impose and collect taxes and fees as stated in List D attached to this Protocol.
8-3 - The oil-producing state has the right to obtain 2% of the oil produced in that state, as stipulated in the wealth-sharing agreement.
8-4 - The state will be represented in the Financial Resources Distribution and Oversight Committee, which will ensure transparency and fairness with regard to the allocation of the state’s due share of national revenues and ensure that the allocations due to the state are not withheld.
8 - 5 - The general goal of the National Fund for Reconstruction and Development is to develop the areas affected by war and the less developed areas in Sudan, with the aim of bringing these areas to the average standards and level of national development.
8 - 6 - The National Fund for Reconstruction and Development will allocate resources to the regions affected by the war and the less developed regions, using the extent of the effects of the war and the level of development as a main criterion. The two parties agree to allocate 75% of the total funds of the Fund to the regions affected by the war, especially South Kordofan, the Nuba Mountains and the Blue Nile, while the rest will be allocated to the less developed regions.
8 - 7 - Financial appropriations between the regions affected by the war will be determined during the period preceding the transitional period by the joint temporary national group that will be formed as agreed upon in the wealth-sharing agreement and within the framework of the agreed upon percentages as described in the previous paragraph, taking into account the actual needs based on the results of the joint assessment committee.
8 - 8 - The Financial Resources Distribution and Oversight Committee, as agreed upon in the Wealth Sharing Agreement, will approve the current transfers to South Kordofan, the Nuba Mountains, the Blue Nile and other war-affected and less developed areas according to the following criteria:
8 - 8 - 1 - Population:
8 - 8 - 2 - Responsibilities for minimum spending.
8 - 8 - 3 - Human Development Index - Social Indicators (Social Development Factor).
8 - 8 - 4 - Geographic region (deficit cost factor).
8 - 8 - 5 - Financial effort (internal return effort).
8 - 8 - 6 - The impact of the war factor.
8 - 9 - In addition to the budget allocations and the two states’ share in the National Fund for Reconstruction and Development, the President will allocate a sufficient amount of money to each of the two states.
8-10 - The two parties agree to appeal to donor countries to provide technical assistance to the National Fund for Reconstruction and Development to reach comprehensive standards for achieving equality.
8-11 - The states will keep all income and returns they receive in public accounts that are subject to audit and adhere to the controls and auditing standards determined by the Office of the Auditor General, which has the right to audit the state’s accounts.
8-12 - There will be no obstacle to interstate commerce or to the flow of goods, services, capital, or labor to and from the state.
8-13 - Any debts - obligations arising from any level of government will be the responsibility of that level of government.
8 - 14 - There will be a fair and equitable division of government assets, and the asset will be allocated to the level of government responsible for the function to which this asset is related (for example, school buildings will be the responsibility of the level of government responsible for education). In the event of a dispute, the two parties agree that such a dispute will be referred to a committee consisting of a representative of each party to this dispute and an expert agreed upon by both parties.
8-15 - There will be accounting standards and procedures at the state level, as well as financial accountability institutions that operate in accordance with generally accepted accounting standards, as well as procedures of the same nature to ensure that the balances will be distributed according to the agreed upon government budget and will be spent in an appropriate manner, taking into account the value of the funds.
9 - State Lands Committee.
9 - 1 - Regulating land ownership, exploitation, and exercising rights over it will be a prerogative exercised by the national and state governments.
9.2 The rights to lands owned by the National Government in the State will be exercised by the appropriate level of government or those entrusted with it.
9-3 - The State Lands Committee will be formed in South Kordofan - the Nuba Mountains and Blue Nile State.
9-4 - The State Lands Committee will consist of individuals from the designated state.
9-5 - The State Lands Commission will exercise all the powers of the National Lands Commission at the state level.
9-6 - The State Lands Committee will be qualified to review valid leases and contracts, scrutinize the standards for current land allocation processes, and submit a recommendation to the state authority about introducing amendments and changes that it deems necessary, including restoring rights to the lands to their owners or compensating for them.
9-7 - The National Land Committee and the State Lands Committee will cooperate and coordinate their activities to ensure the efficient use of their resources and without limiting the level of coordination. The National Lands Committee and the State Lands Committee may agree on the following:
9-7-1 - Exchanging information and decisions of each committee.
9 - 7 - 2 - Certain functions of the National Land Committee, including collecting information and research, can be carried out by the State Land Committee.
9 - 7 - 3 - The method by which any dispute between the results and recommendations reached by each committee can be resolved.
9 - 8 - In the event of a conflict between the results and recommendations of the National Land Committee and the State Land Committee, which cannot be resolved through agreement, the two committees must reach consensus between their positions. In the event of failure to reach this consensus, the matter will be referred to the Constitutional Court to decide on it.
10 - Security arrangements.
10 - 1 - Without prejudice to the Security Arrangements Agreement and the right of the Sudanese Armed Forces Command to deploy forces throughout northern Sudan as it deems appropriate, the levels of forces belonging to the Sudanese Armed Forces in South Kordofan - the Nuba Mountains and the Blue Nile in the interim period will be decided by the Presidency.
11 - Arrangements prior to the elections:
11-1 - The two parties agree to the following as part of the pre-election arrangements:
11 - 1 - 1 - The legislative authority and the executive authority will be allocated in the two states as follows:
A - Fifty-five (55%) for the National Congress Party.
B - Forty-five (45%) for the Sudan People’s Liberation Movement.
11 - 1 - 2 - There will be deliberative rule in the two states, with each party assuming the position of governor over half the period preceding the elections in each of the two states.
11 - 1 - 3 - No one party will assume the position of governor in both states at the same time.
11-1-4 The position of Deputy Governor will be allocated to the party that does not currently hold the position of Governor.
11-1-5 The two parties may decide, upon signing the Comprehensive Peace Agreement, the date and order by which each party will occupy the position of governor in each state.
11-2 Until general elections are held, and as part of the process of stabilizing the situation, the two parties agree that (South Kordofan/Nuba Mountains) and the Blue Nile will be adequately represented in national institutions, and that a percentage of representation will be targeted that is not less than the size of their population.
Tables
Table (A) The exclusive executive and legislative powers of the two states.
1 - Developing a draft of the state’s constitution, its structure, and amending it, provided that it is compatible with the interim national constitution.
2- State Police.
3- State prisons.
4- Local governments.
5 - State media, publications and media agencies.
6 - Social welfare, including state pensions.
7 - Civil service at the state level.
8 - The state judiciary and judicial administration at the state level, including organizing and maintaining the state courts in agreement with applicable customs and standards.
9 - Cultural issues in the state.
10 - Religious matters, provided that they are compatible with the interim national constitution.
11 - Borrowing funds from inside and outside the country with the guarantee of the state alone, within the framework of the national macroeconomy, as determined by the Ministry of Finance.
12 - Employing state civil service workers and paying their salaries.
13 - Managing, leasing and using the lands belonging to the state.
14 - Establishing, maintaining and managing correctional institutions.
15 - Establishing, organizing and supplying a medical service with its needs, including hospitals and other health facilities.
16 - Regulating commercial activity, granting commercial licenses, and supervising working conditions, hours, and holidays in the state.
17 - Local businesses and projects.
18 - Registering cases of marriage, divorce, inheritance, birth, adoption and lineage.
19 - Enforce state laws.
20 - Regulations implemented by the Penal Code Authority, with the exception of imposing punishment for violating national laws related to national powers.
21 - Developing, preserving and managing the state’s natural resources - forests.
22 - Basic and secondary education and its education administration.
23 - Laws related to agriculture in the state.
24 - Airstrips other than international and national airports within the framework of civil aviation regulations.
25 - Roads and public transportation between states.
26 - Population policy and family planning.
27- Pollution control.
28 - State statistics and surveys.
29 - Referendums in the state regarding the state’s powers.
30 - Charitable societies and endowments in the state.
31 - Urban and rural planning.
23 - Heritage sites, libraries, museums and other historical sites in the state.
32 - Traditional and customary law.
34 - Entertainment and sports in the state.
35 - Firearms licenses.
36 - Financing operations in the state.
37 - Irrigation and bridges in the state.
38 - State budget.
39 - The state archives, its monuments and historical monuments.
40 - Collecting direct and indirect taxes in the state to generate revenue for the state.
41 - Issuing car licenses.
43 - Firefighting and ambulance services.
44 - Flag and emblem.
45- Enabling society to carry out its tasks.
Table B: Joint authorities
The National and State Governments will have joint legislative and executive powers in relation to any of the subjects listed below:
1 - Economic and social development within the state.
2 - Legal professions and other professions and their links.
3 - Education, educational policy and scientific research.
4- Health policy.
5 - Urban development, planning and housing.
6 - Trade, industry and industrial development.
7 - Providing public services.
8 - Banking and insurance.
9 - Declaration of bankruptcy.
10 - Manufacturing licenses.
11 - Preparedness for disaster response, relief and infectious diseases.
12 - Traffic regulation.
13 - Electricity generation and water and waste management.
14 - Radio and television broadcasting facilities.
15 - Managing, preserving and protecting the environment.
16 - Relief, resettlement, reconstruction and rehabilitation.
17 - Proposing and negotiating international and regional agreements regarding culture, trade, investment, credit, loans, grants, and technical assistance with foreign governments and foreign non-governmental organizations.
18 - Financial and economic planning policies and processes.
19 - Gender policy.
20- Strengthening the role of women.
21 - Control regarding animals, livestock, pastures and veterinary services.
22- Consumer security and protection.
23 - Women’s well-being and child protection and care.
24 - State courts responsible for implementing or enforcing national laws.
25 - Rehabilitation and care for people disabled due to war, orphans, widows and their families.
Table C: Residual powers.
The remaining powers will be exercised in accordance with their nature and depending on whether this power is related to a national subject or requires a national level or whether it is related to what cannot be regulated by a single state. In this case, this power will be exercised by the national government, and if this power is related to the affairs of the state, it will be exercised by the state.
Schedules D: State Revenue Resources: The State will have the right to levy and collect taxes and royalties from the sources listed below.
1- State land tax, leasing, and revenues.
2- Service fees for services provided by the state.
3- Licenses.
4- State personal income tax.
5- Fees imposed on tourism.
6- The state’s share of natural resource revenues.
7- State government projects.
8 - Postal receipts.
9- Taxes on agriculture in the state.
10- Loans and borrowing according to the national macroeconomic policy framework.
11- Taxes for carrying out activities.
12- Other state taxes that do not conflict with national taxes.
14 - Grants provided in the form of foreign aid through the national government.