Appendix

Implementation Modalities of Wealth Sharing Agreement

Definition and Calculation of Net Oil Revenue

 

1. General Definitions:

(a) Cost Oil: It is a percentage from the daily production to cover the production cost (exploration, development and operating cost). Exploration and development costs are classified as capital cost amortized within four years. The operating cost is paid annually. If the cost oil is greater than the recoverable cost (actual cost) the difference (Excess Oil) will be added to the government share. If recoverable cost is greater than the cost oil then the difference shall be carried over for the next year. However the Division of Excess Oil between the Government and Contractors is subject to the variables of each agreement.

 

(b) Profit Oil: It is the remaining balance from the daily production after deducting the cost oil.

 

(c) Government Share: It is the percentage share of the government from the profit oil after deducting the contractor’s share that is subject to contract agreements. It increases with the increase in production.

 

(d) Government Entitlement: It consists, at Intake Point, of (Government Share plus excess oil plus under lifting less over lifting). Part of the Government Entitlement is either used for local refineries or for export.

 

(e) Intake Point: is the injection point between the pipeline network operated by contractor under the Agreement and the transportation system operated by or under the control of the transporter.

2. Calculation of Government Net Oil Revenue:

Government Entitlement x Export price[3]                                         

Less Tariff (transport/pipeline fee)                                                                  

Less Management fee                                                                        

Equal Government net oil revenue                                                             

3. Calculation of Oil Revenue Stabilization Fund:

Government Net Oil Revenue from export

Less Actual Export Quantities x benchmark price         

Equal Total Oil Revenue Stabilization Fund                                            

4. Government Net Oil Revenue Available for Allocation:

Government net oil revenue                             

Less oil revenue stabilization fund                   

Equal Total government net oil revenue available for allocation 

 

5. Producing States Share of Net Oil Revenue:

]

Two Percent (2%) Percent of the total government net oil revenue available for allocation as per WSA.                            

6. GOSS Share:

Fifty Percent(50%) Percent of (percentage of the oil produced in the South from the total production multiply by net oil revenue available for allocation after deducting States share)

 

 

 

 

 

 

 

 

THE IMPLEMENTATION MODALITIES OF THE PROTOCOL ON THE RESOLUTION OF THE ABYEI CONFLICT

 

 

SIGNED AT NAIVASHA, KENYA, 31^ST DECEMBER, 2004

 

Implementation Modalities on the Protocol on the Resolution of the Abyei Conflict

31^th December, 2004

 

 

 

ABYEI APPENDIX

 

UNDERSTANDING ON ABYEI BOUNDARIES COMMISSION

 

 

1.                  Upon signature, and notwithstanding Article 5.1 of the Protocol on Abyei, there shall be established by the Parties Abyei Boundaries Commission (ABC) to define and demarcate the Area of the nine Ngok Dinka Chiefdoms transferred to Kordofan in 1905, referred to herein as Abyei Area.

 

2.                  Pursuant to Article 5.2 of the Protocol on Abyei, the ABC shall be composed as follows:-

 

                  2.1       One representative from each Party;

                  2,2       The Parties shall ask the US, UK and the IGAD to nominate five                                               impartial experts knowledgeable in history, geography and any other                                relevant expertise.  The ABC shall be chaired by one of those experts;

                  2.3       Each Party shall nominate two from the present two administrations of                           Abyei Area;

                  2.4       The GOS shall nominate two from the Messiriya;

                  2.5       The SPLM/A shall nominate two from the neighbouring Dinka tribes to                          the South of Abyei Area.

 

3.                  The ABC shall listen to representatives of the people of Abyei Area and the neighbours, and shall also listen to presentations of the two Parties.

 

4.                  In determining their findings, the Experts in the Commission shall consult the British Archives and other relevant sources on Sudan wherever they may be available, with a view to arriving at a decision that shall be based on scientific analysis and research.  The experts shall also determine the rules of procedure of the ABC.

 

5.                  The ABC shall present its final report to the Presidency before the end of the Pre-Interim Period.  The report of the experts, arrived at as prescribed in the ABC rules of procedure, shall be final and binding on the Parties.

 

6.                  The Presidency shall establish the administration of Abyei Area simultaneously with the Government of South Sudan and the Governments of Southern Kordofan and Blue Nile States by the beginning of the Interim Period.

 

7.                  In case the ABC delays presentation of the final report beyond the time prescribed above, the Presidency shall take necessary action to put the Abyei Area special status into effect with Abyei town as its seat subject to any readjustment or confirmation by the ABC final report.

 

8.                  Meanwhile, the two Parties shall issue appropriate instructions to their respective administrations in Abyei Area to facilitate the return of the citizens of the Area.  The JIUs and the UN monitors shall facilitate and provide necessary protection to the IDPs.

 

9.                  The Parties shall issue an appeal to the International Community to make funds available for the formation and proper functioning of the ABC.

 

THE IMPLEMENTATION MODALITIES FOR THE PROTOCOL ON THE RESOLUTION OF CONFLICT IN SOUTHERN KORDOFAN AND BLUE NILE STATES

 

SIGNED AT NAIVASHA, KENYA, 31^ST DECEMBER, 2004

The Implementation Modalities for the Protocol on the Resolution of Conflict in Southern Kordofan and Blue Nile States

31^st December, 2004

 

 

 

SOUTHERN KORDOFAN APPENDIX

STATE OF SOUTHERN KORDOFAN

 

 

1.                  The name of the State shall be Southern Kordofan and its Capital shall be Kadugli.

 

2.                  The State Legislature shall compose of Fifty-Four (54) members, Thirty Six (36) from the previous Southern Kordofan component and Eighteen (18) from the previous Western Kordofan component including Abyei. However representation of the two components is subject to readjustment according to the population census and the decision of the National Electoral Commission as appropriate.

 

3.                  For the pre-election formation of the State Legislature, the GOS shall nominate Eighteen (18) members from the previous Southern Kordofan component and Twelve (12) members from the previous Western Kordofan component, whereas the SPLM/A shall nominate Eighteen (18) members from the previous southern Kordofan component and Six (6) members from the previous Western Kordofan component.

 

4.                  The State Cabinet shall be composed as follows:-

 

4.1   The State shall have Eleven (11) cabinet members including the  Governor and the Deputy Governor, Seven (7) cabinet members shall be from the Southern Kordofan component and Four (4) cabinet members shall be from the Western Kordofan component. 

4.2   For the pre-election formation of the State cabinet, the GOS shall nominate Six (6) cabinet members of whom Three (3) shall be from each  component, whereas the SPLM/A shall nominate Five (5) cabinet members of whom Four (4) shall be from the previous Southern Kordofan component and One (1) shall be from the previous Western  Kordofan component.

 

5.                  Regarding the representation of the State in the Council of States:-

 

5.1   Each of the two components shall have one of the two representatives in the Council of States.  However, this arrangement shall be subject to any agreed future changes.

5.2   In the pre-election arrangement the GOS shall nominate the representative from the previous Western Kordofan component whereas the SPLM/A shall nominate the representative from the previous Southern Kordofan Component.

 

6.                  El-Fula shall have branches of all the State ministries and Institutions each headed by a Deputy Secretary General.  The branch shall abide by the policies and directives of the concerned ministry and report to its Secretary General.

 

7.                  The previous Western Kordofan component (with all its localities) shall continue to enjoy all benefits of the current Western Kordofan Fund, which shall be sustained by the National Government.

 

8.                  The State share of the Oil Revenue shall be distributed as follows:-

 

8.1   The Two Percent (2%) due of the oil revenue produced in any part of the State shall benefit the two components of the state equitably.

8.2   The Two Percent (2%) forming the Messiriya share in Abyei oil shall benefit the previous Western Kordofan component

8.3   The Two Percent (2%) forming the Western Kordofan share of Abyei Oil shall be equally divided between the two components of the state One      Percent (1%) each.

 

9.                  Notwithstanding that Kadugli is the Capital and seat of the state legislature, the State legislature shall convene its sessions alternately in Kadugli and El-Fula.

 

10.              Presidency declares the formation of Southern Kordofan State as per agreed borders of 1974.

 

 

 

LIST OF CORRECTIONS IN THE PROTOCOLS AND AGREEMENTS

 

Signed at Naivasha, Kenya on 31^st December, 2004

 

1. General Provisions

 

1.1.            Change the words “South Sudan”  to “Southern Sudan” in all the Protocols and Agreements.

 

1.2.            Insert the word “Interim” whenever there is a reference to National Constitution.

 

1.3.            Change the words “State/Region” to “State” in all the Protocols and Agreements.

 

1.4.            Change words “Southern Kordofan/Nuba Mountains” to “Southern Kordofan” in all the Protocols and Agreements.

 

1.5.            Any reference to the Government of the Sudan (GOS) shall also make reference to the Government of the Republic of the Sudan in all the Protocols and Agreements.

                                                           

2. Protocol on Power Sharing Protocol, dated May 26^th, 2004

 

2.1.            The sub-section 2.2.7.3. to be re-numbered as 2.2.8 and the subsequent sub-sections up to 2.2.13 to be re-numbered accordingly. Any relevant cross reference in the Agreement (if any) shall be renumbered accordingly.

 

2.2.            The sub-section 2.5.6 that reads:

 

“The Government of National Unity shall be responsible for establishing recruitment systems and admission policies to national universities, national institutes, and other institutions of higher education based on fair competition, giving equal opportunity to all citizens” in the second paragraph on page 26 to be renumbered as sub-section 2.5.7.

 

2.3.            The sub-section 3.5.1 that reads:

 

“Pending the elections, the First Southern Sudan Assembly shall be an inclusive, constituent legislature comprised of:-” shall read as follows:

 

Pending the elections, the First Southern Sudan Assembly shall be an inclusive, constituent legislature comprised as follows:-

 

2.4.            The sub-section 3.5.4 that reads:

 

“The Southern Sudan Constitution shall make provision for the Assembly of Southern Sudan to be re-constituted through elections in accordance with the provisions herein related to the timing of general elections.  The Constitution of the Southern Sudan shall also make provision for the election of the President and appointment of the Vice President of the Government of Southern Sudan.  Such elections shall be in accordance with the provisions set forth by the National Electoral Commission specified in sub-paragraph 2.10.1.1 herein” shall read as follows:

 

The Constitution of Southern Sudan shall make provision for the Assembly of Southern Sudan to be re-constituted through elections in accordance with the provisions herein related to the timing of general elections. The Constitution of Southern Sudan shall also make provision for the election of the President and appointment of the Vice President of the Government of Southern Sudan. Such elections shall be in accordance with the provisions set forth by the National Electoral Commission specified in sub-paragraph 2.10.1.1 herein”

 

2.5.            The sub-section 3.5.5. that reads:

 

“The Assembly of Southern Sudan may amend the Constitution of the Southern Sudan by a two-thirds majority vote of all members” shall read as follows:

 

“The Assembly of Southern Sudan may amend the Constitution of Southern Sudan by a two-thirds majority vote of all members”

 

2.6.            Add to the Legislature of Southern Sudan sub-section 3.5.7 that reads as follows:

 

Any bill duly approved by the Legislature of Southern Sudan shall be signed into law by the President of Government of Southern Sudan within thirty (30) days, failing which it shall be deemed to have been so signed.  Where the President of Government of Southern withholds his/her signature, he/she must present reasons for his/her refusal to so sign when re-introducing the bill to the Legislature of Southern Sudan within the 30-day period stated herein. The Bill shall become law if the Legislature of Southern Sudan again passes the bill by a two-thirds majority of all the members of the Legislature of Southern Sudan and the assent of the President of Government of Southern Sudan shall not be required.

 

2.7.            The sub-section 3.7.3.1. that reads:

 

“Be the court of final judicial instance in respect of any litigation or prosecution under Southern State or Southern Sudan law, including statutory and customary law, save that any decisions arising under National Laws shall be subject to review and decision by the National Supreme Court” shall now read as follows:

 

“Be the court of final judicial instance in respect of any litigation or prosecution under Southern Sudan State or Southern Sudan law, including statutory and customary law, save that any decisions arising under National Laws shall be subject to review and decision by the National Supreme Court”

 

2.8.            The sub-section 3.7.3.4. that reads:

 

“Be a court of review and cassation in respect of any criminal or civil matter arising out or under Southern Sudan Laws” shall read as follows:

 

“Be a court of review and cassation in respect of any criminal or civil matter arising out of or under Southern Sudan Laws”

 

2.9.            The sub-section 3.7.3.7. that reads:

 

“Have such other jurisdictions as determined by Southern Sudan Constitution, the Peace Agreement and the Law” shall read as follows:

 

“Have such other jurisdiction as determined by the Constitution of Southern Sudan, the Peace Agreement and the Law”.

 

2.10.        The sub-section 4.5.4. that reads:

 

“The Governor shall, together with the States’ Council of Ministers appointed by him/her, exercise the executive powers of the state which shall be in respect of the functional areas listed in Schedules C and D, read together with Schedules E and F, and such other executive competencies as are conferred upon the State by the Interim National Constitution, the Southern Sudan Constitutions, the State Constitutions, and the Peace Agreement” shall now read as follows:

 

“The Governor shall, together with the States’ Council of Ministers appointed by him/her, exercise the executive powers of the state which shall be in respect of the functional areas listed in Schedules C and D, read together with Schedules E and F, and such other executive competencies as are conferred upon the State by the Interim National Constitution, the Constitution of Southern Sudan, the State Constitution, and the Peace Agreement”

 

2.11.        Add to Schedule B “Powers of the Government of Southern Sudan” on page 57 additional power as number 23 and reads as follows:

 

“23. The Judiciary of Southern Sudan and administration of justice at Southern Sudan level including maintenance and organization of Southern Sudan Courts, and subject to national norms and standards, civil and criminal procedure”.

 

2.12.        Add to Schedule D “Concurrent Powers” on page 60 additional power as number 32 and shall read as follows:

 

“32. The regulation of land tenure, usage and exercise of rights in land”.

 

3.      Agreement on Wealth Sharing, dated 7^th January, 2004

 

3.1.            The sub-section 1.7 that reads:

 

“That, without prejudice to the provisions of paragraph 1.3 herein, Southern Sudan, and those areas in need of construction/reconstruction, shall be brought up to the same average level of socio-economic and public services standard as the Northern States. To achieve these objectives will take time and effort to build up local institutional, human, and economic capacity. For this purpose, two special funds shall be established as provided herein”  and shall read as follows:

 

“That, without prejudice to the provisions of paragraphs 1.3 and 1.4 herein, Southern Sudan, and those areas in need of construction/reconstruction, shall be brought up to the same average level of socio-economic and public services standard as the Northern States. To achieve these objectives will take time and effort to build up local institutional, human, and economic capacity. For this purpose, two special funds shall be established as provided herein”

 

3.2.            The sub-section 3.1. that reads:

 

“The Parties agree that the basis for an agreed and definitive framework for the management of the development of the petroleum sector during the interim period shall include the following:” shall now read as follows:

 

“The Parties agree that the basis for an agreed and definitive framework for the management of the development of the petroleum sector shall include the following:”

 

3.3.            The sub-section 11.1. that reads:

 

“There shall be a fair and equitable division of government assets. An asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related (e.g. school buildings to the level of government responsible for education). In the event of a dispute, the Parties agree that such dispute shall be referred to a committee comprising a representative of each of the Parties involved in the dispute and mutually agreed expert”  shall read as follows:

 

“There shall be a fair and equitable division of government assets. An asset shall in the first instance be allocated to the level of government responsible for the function in respect of which the asset is related (e.g. school buildings to the level of government responsible for education). In the event of a dispute, the Parties agree that such dispute shall be referred to a committee comprising a representative of each of the parties involved in the dispute and mutually agreed expert and its decision shall be final and binding”.

 

3.4.            The sub-section 15.5. that reads:

 

“…………… The Trust Funds shall be operational for the Pre-Interim Period, and shall thereafter be transformed into (i) one MDTF dedicated to the Southern Sudan Reconstruction and Development Fund (the “SRRDF”)” shall now read as follows:

 

“…………… The Trust Funds shall be operational for the Pre-Interim Period, and shall thereafter be transformed into (i) one MDTF dedicated to the Southern Sudan Reconstruction and Development Fund (the “SSRDF”)”

 

4. Machakos Protocol, dated 20^th July 2002

 

4.1.            The Machakos Protocol shall be appropriately re-numbered without amendment to the text or to its meaning.

 

4.2.            The sub-section 3.2 that reads:

 

“National Government” shall now read as follows:

 

“National Legislation”

 

4.3.            The sub-section 3.2.1 that reads:

 

“There shall be a National Government which shall exercise such functions and pass such laws as must necessarily be exercised by a sovereign state at national level. The National Government in all its laws shall take into account the religious and cultural diversity of the Sudanese people” shall now read as follows:

 

“There shall be a National Legislature which shall exercise such functions and pass such laws as must necessarily be exercised by a sovereign state at national level. The National Legislature in all its laws shall take into account the religious and cultural diversity of the Sudanese people” 

 

4.4.            The sub-sections 5.2 and 5.2.1 and 5.2.2 are to be deleted as they are identical to sub-sections 2.4, 2.4.1 and 2.4.2 and do not need to be repeated.

 

5. Protocol on the Resolution of the Conflict in Southern Kordofan and Blue Nile States, dated 26^th May, 2004:

 

5.1.            The Footnote in the Preamble on page 2 shall be deleted as the name of the State has been agreed upon by the Parties to be “Southern Kordofan”.

 

5.2.            The sub-section 1.3. that reads:

 

“Development of human resources and infrastructure shall be the main goal of the State. It shall be conducted to meet human needs in accordance with the best-known practices of sustainable development within a transparent and accountable framework” shall now read as follows:

 

“Development of human resources and infrastructure shall be the main goal of the government of State. It shall be conducted to meet human needs in accordance with the best-known practices of sustainable development within a transparent and accountable framework”

 

5.3.            The sub-section 3.3 that reads:

 

“That the legislatures of the two States shall each establish a Parliamentary Assessment and Evaluation Commission to assess and evaluate the implementation of the agreement in each State. The two Commissions shall submit their reports to the legislatures of the two States by the fourth year of the signing of the Comprehensive Peace Agreement” shall now read as follows:

 

“That the legislatures of the two States shall each establish a Parliamentary Assessment and Evaluation Commission to assess and evaluate the implementation of the agreement in each State. The two Commissions shall submit their reports to the legislatures of the two States by the end of fourth year of the signing of the Comprehensive Peace Agreement”

 

5.4.            The sub-section 3.6 that reads:

 

“Should any of the legislatures of the two States, after reviewing the Agreement, decide to rectify, within the framework of the Agreement, any shortcomings in the constitutional, political and administrative arrangements of the Agreement, then such legislature shall engage in negotiations with the National Government with the view of rectifying these shortcomings” shall now read as follows:

 

“Should either of the legislatures of the two States, after reviewing the Agreement, decide to rectify, within the framework of the Agreement, any shortcomings in the constitutional, political and administrative arrangements of the Agreement, then such legislature shall engage in negotiations with the National Government with the view of rectifying these shortcomings”

 

5.5.            The sub-section 5.6 that reads:

 

“There shall be State Security Committee to be chaired by the Governor of the State. The Committee shall include, among others, the Military Commander of the area, his Deputy, the Director of the State Police and Director of the State National Security Branch” shall read as follows:

 

“There shall be a State Security Committee to be chaired by the Governor of the State. The Committee shall include, among others, the Military Commander of the area, his Deputy, the Director of the State Police and Director of the State National Security Branch”

 

 

 

 

5.6.            The sub-section 5.8 that reads:

 

“The State Police Service shall adhere to the National standards and regulations as set forth by National Police Service” shall read as follows:

 

“The State Police Service shall adhere to the national standards and regulations as set forth by National Police Service”

 

5.7.            The sub-section 6.4 that reads:

 

“The State Legislature shall legislate for the state within its legislative powers as stipulated in schedule (A) attached herewith” shall now read as follows:

 

“The State Legislature shall legislate for the state within its legislative powers as stipulated in schedule A read together with schedules B and C attached herewith”

 

5.8.            The sub-section 7.4 that reads:

 

“The State legislations shall provide for guarantees for the independence and impartiality of the State judiciary and ensures that state judges shall not be subject to political or other interference” shall read as follows:

 

“The State legislation shall provide for guarantees for the independence and impartiality of the State judiciary and ensure that state judges shall not be subject to political or other interference”

 

5.9.            The sub-section 7.6 that reads:

 

“The National Legislature shall determine the civil and criminal procedures to be followed in respect of litigation or prosecution under National laws in accordance with the Interim National Constitution” shall read as follows:

 

“Notwithstanding the provisions in sub-section 7.5, the National Legislature shall determine the civil and criminal procedures to be followed in respect of litigation or prosecution under National laws in accordance with the Interim National Constitution”

 

5.10.        The sub-section 8.3 that reads:

 

“Oil producing state is entitled to two percent (2%) of the oil produced in that state, as specified in the Wealth Sharing Agreement” shall read as follows:

 

“An oil producing state is entitled to two percent (2%) of the net oil revenue produced in that state, as specified in the Wealth Sharing Agreement”

 

5.11.        The sub-section 8.4 that reads:

 

“The state shall be represented in the Fiscal and Financial Allocation and Monitoring Commission, which shall ensure transparency and fairness in regard to allocation of the share due to the state from the Nationally collected revenues and ensure that allocations due to the state are not withheld” shall be as follows:

 

“The state shall be represented in the Fiscal and Financial Allocation and Monitoring Commission, which shall ensure transparency and fairness in regard to the allocation of the share due to the state from the Nationally collected revenues and ensure that allocations due to the state are not withheld”

 

5.12.        The sub-section 9.8 that reads:

 

“In case of conflict between the findings and recommendations of the National Land Commission and the State Land Commission which cannot be resolved by agreement, the two Commissions shall reconcile their positions.  Failure to reconcile, the matter shall be referred to the Constitutional Court for adjudication” shall read as follows:

 

“In case of conflict between the findings and recommendations of the National Land Commission and the State Land Commission which cannot be resolved by agreement, the two Commissions shall reconcile their positions.  In the event of failure to reconcile, the matter shall be referred to the Constitutional Court for adjudication”

 

5.13.    Add to Schedule B “Concurrent Powers” on page 18 additional power as number 26 and shall read as follows:

 

“26.The regulation of land tenure, usage and exercise of rights in land”

 

5.14.        Schedules A “The Exclusive Executive and Legislative Competencies of the Two States” and Schedule B “Concurrent Powers” shall be read without prejudice to Schedule A “National Powers” of the Power Sharing Agreement.

 

6.         Protocol on the Resolution of The  Abyei Conflict, dated 26^th May, 2004

 

6.1.            The Title of the Protocol to be changed to:

 

“Protocol between the Government of the Sudan and the Sudan People’s Liberation Movement/Army on the Resolution of the Abyei Conflict”

 

6.2.            The sub-section 4.3.4. that reads:

 

“If necessary, recommend to the Presidency the relief of the Chief Administrator or his/her Deputy” shall read as follows:

 

“If necessary, recommend to the Presidency the removal of the Chief Administrator or his/her Deputy”

 

7. Framework Agreement on Security Arrangements, dated 25^th September, 2003

 

7.1. The sub-section 3.b. that reads:

 

“Except for those deployed in the Joint/Integrated Units, the rest of the forces of SAF currently deployed in the south shall be redeployed North of the South/North border of 1/1/1956 under international monitoring and assistance within and up to two and one half years (2 ½) from the beginning of the pre-Interim Period” shall now read as follows:

 

“Except for those deployed in the Joint/Integrated Units, the rest of the forces of SAF currently deployed in the South shall be deployed North of the South/North border of 1/1/1956 under international monitoring and assistance within and up to two and one half years (2 ½) from the beginning of the Pre-Interim Period”

 

7.2. The sub-section 3.c. that reads:

 

“Except for those deployed in the Joint/Integrated Units, the rest of SPLA forces currently deployed in Nuba Mountains and Southern Blue Nile shall be redeployed South of the South/North border of 1/1/1956 as soon as the Joint/Integrated Units are formed and deployed under international monitoring and assistance” shall now read as follows:

 

“Except for those deployed in the Joint/Integrated Units, the rest of SPLA forces currently deployed in Nuba Mountains and Southern Blue Nile shall be redeployed South of the South/North border of 1/1/1956 as soon as the Joint/Integrated Units are formed and deployed under international monitoring and assistance”