Machakos Protocol:

1. Self determination Referendum for people of South Sudan

2.5 M.P

2.10.1.5

(a) Enactment of Referendum Act

Beginning of the third year of Interim Period.

National Legislature

GONU

N/A

Seat of National Legislature

Routine Legislative procedure

(b)  Establishment of Referendum Commission           

Soon after enactment of Referendum Act

The Presidency

GONU and International Community

GONU, GOSS,

Khartoum

To be established by the Presidency in accordance with the CPA and the referendum Act.

(c) Registration of voters

Starts at the beginning of the sixth year of the Interim Period and ends 3 months before the voting.

Referendum Commission

GONU, GOSS and International community

N.A

Southern Sudan and any other locations to be determined by the Referendum Commission

Presentation of proof of eligibility upon registration in

accordance with the Referendum Act

(d) Enlightenment campaign on the Referendum

After the establishment of the Referendum Commission

Referendum Commission

GONU, GOSS and international community

N/A

S. Sudan and wherever relevant

Mass media, meetings, public rallies, conferences, seminars, workshops etc.

(e) Voting

Six months before the end of the Interim Period

Referendum Commission

GONU, GOSS and International Community.

N/A

Southern Sudan and any other locations to be determined by the Referendum Commission

in accordance with the provisions of the Referendum Act

One-person one vote.

2. Plan for 5 Rs ( Repatriation, Resettlement, Reintegration Rehabilitation and Reconstruction)

In progress (JAM)

CCG/ JAM

International Community (JNTT)

The Parties to Comprehensive Peace Agreement (CPA)

Khartoum, seat of GOSS and any other location agreed to by the parties.

According to JNTT procedures

1.5.4 Machakos Protocol (MP)

3. Establishment of Assessment and Evaluation Commission (AEC)

During the Pre-interim Period after the adoption of Interim National Constitution (INC) and establishment of the Institution of the Presidency.

The Presidency

International Community and GONU

By the parties to the Agreement according provisions of Machakos protocol 2.4.1

Khartoum.

Through consultation by the parties to the Agreement.

2.4, and 2.4.1 MP

4. Improvement of institutions and arrangements created under the Agreement to making the unity of Sudan attractive to the people of Southern Sudan.

After adoption of the INC and establishment of the AEC

The Parties to the CPA and the AEC

GONU, the Parties and International Community

N/A

All over Sudan

To be determined by the Parties and the AEC.

2.4.2

5. Guarantees to safeguard CPA against Unilateral revocation or abrogation.

Upon signature of the CPA and up to the end of Interim Period

The Parties, IGAD and the International Community

N/A

N/A

N/A

Built-in Regional and International guarantees (AEC, and UN Peace Support Mission of the Ceasefire Agreement).

The parties urge the international community to take necessary measures in support of the Peace Agreement and its full implementation.

2.6 MP

Power Sharing:

Part I

6. Enactment of Political Parties Act

Upon adoption of the Interim National Constitution (INC)

National Legislature

GONU

N/A

Khartoum

Whenever new legislation, such as this, is required under this Agreement, any existent law(s) dealing with the subject matter with respect to which the new legislation is being sought, shall be given due consideration. 

Such legislation shall be effected in accordance with routine legislature procedure

1.4.6 Power Sharing (PS)

7. National reconciliation and healing process (NRHP).

After adoption of the INC

Presidency

GONU

N/A

All over Sudan

Media, educational institutions, conferences and  campaigns involving political parties, civil society organizations, religious and tribal  leaders, etc

1.7 PS

8. National Population Census (NPC)

a) Establishment of the population Census Council

b) Conduct of the Census

After the establishment of the institution of the Presidency

Second year of the Interim Period

The Presidency

Central Bureau of Statistics and the GOSS Centre for statistics and evaluation

The Government of National Unity

GONU

Representative of the following:

a)       GONU

b)       GOSS

c)       The Council of States

d)       The States, and

e)       The Head of the Central Bureau of Statistics

N/A

Khartoum

All over the Sudan

The Population Census Council shall:

a)       Plan for the upcoming population census

b)       Set standards and criteria for the Central Bureau for Statistics

c)       Follow-up on the preparations leading upto the population census and oversee the actual census operation

d)       Report to the presidency regarding the Population Census

Population Census to be conducted in cooperation with UNFPA

1.8.1 and 1.8.2

9. General Elections.

a)Enactment of National Electoral Law

b)Establishment of the National Electoral Commission

c) General Elections comprising elections for the State Governors, National Assembly, the Legislature of southern Sudan, and State Legislatures all over Sudan.

d) Presidential elections and elections for the post of President of the government of southern Sudan (GOSS)

Within Six month from the start of the Interim Period

Within one month after the adoption of the law.

Refer to (d) below

To be held concurrently with the General elections referred to above, not later than the end of the fourth year of the Interim Period

National Legislature (NL)

Presidency

National Electoral Commission with all levels of government plus international Community (IC).

National Electoral Commission

GONU

All levels of government

GONU

N/A

From 7 to 9 competent, impartial and representative national figures to be selected by the Presidency (non-partisan).

N/A

N/A

Khartoum

Khartoum

All over Sudan

All over Sudan

Column 7 of Item 6 in this Matrix applies.

According to law

According to law

According to the law

1.8.3

1.8.3

2.3.7

10. Review of the feasibility of the dates set for census and elections

For the census six months before the end of the first two years into the Interim Period; for elections six months before the end of the third year of the Interim Period

Parties to the Agreement

N/A

N/A

Khartoum

1.8.4

PART II:

11. The Council of States.

i) Establishment Within 2 weeks after enactment of the INC

ii) Appointment of members of the Council of States within two weeks from enactment of the INC.

iii) Convening of Council of States within two weeks of the enactment of the INC.

iv) staffing of Council of States during the Pre-interim Period

Presidency

Presidency

Presidency

The Council of States

GONU

N/A

N/A

GONU

2  Representatives from each state + 2 representatives from  Abyei Area as observers

50 Representatives from the States and 2 representatives from Abyei Area.

N/A

As determined by the Council of States

The National Capital

N/A

N/A

Seat of GONU

Consultation by the Presidency and in the case of Southern Sudan by the President of GOSS after consultations with states institutions.

Presidential Order.

In accordance with the INC.

The  inaugural  session shall be organized by  the Secretariat of the National Assembly

2.2.3.2

12. Establishment and convening of  National Assembly

Within two weeks after the adoption of INC

iii) Staffing of the National Assembly seven days after enactment of the INC

The Presidency

The National Assembly

GONU

GONU

450 members to be allocated according to the ratio 70%/30% North/South,

52% NCP (49% Northerner+ 3% Southerner);

28% SPLM (21% Southerner+ 7% Northerner);

14% Northern Political Forces;

6% Southern Political Forces

As determined by the National Assembly

Omdurman

Selection of other political forces to be agreed upon by the parties to the CPA.

For convening by Presidential order

In accordance with the provisions of section 2.6.2 of the PS protocol

2.2.5

13. Determination of the scope of legislative competency of the National Assembly and the Council of States respectively

In the course of the work of the Parties 14 member Joint Constitutional Task Team charged with preparation of a draft Constitutional text for presentation to the NCRC

The Parties

N/A

N/A

Venue of the Joint Constitutional Task Team’s work

Joint Constitutional Task Team to:

(a) Decide types of Legisaltion to be exclusively enacted by the National Assembly and those that require joint action with the Council of States or alternatively, agree the establishment of a mechanism to resolve the issue.

(b) Work out a mechanism to harmonize Bills being jointly considered by both Houses of the National Legislature prior to enactment of such Bills into Law and to generally coordinate the work of both Houses.

14. Election of Speakers, Deputy speakers and other officers of the National Legislature.

Upon the convening of the first session in both Chambers.

Both chambers

N/A

N/A

N/A

By elections

2.2.12

15. Establishment of the Institution of the Presidency

Upon adoption and signature of the INC.

The President of the Republic

GONU

The President, the First Vice President and the Vice President

Khartoum

According to the INC and the CPA.

2.3.2

16. Defining the functions of the two Vice Presidents.

Implementation modalities

Parties to the CPA

N/A

N/A

N/A

As per attached Appendix A  

2.3.3

17. Specification of appointments made by the President with the consent of the 1^st Vice President

During the implementation modalities process

The parties to the process

N/A

N/A

N/A

As per attached Appendix B

2.3.6.3

18. Establishment of Council of Ministers ( prior to elections)

Within 30 days after the Adoption of INC.

The President of the Republic

GONU

30 Ministers and 34 State Ministers

the numbers are Subject to review

 Khartoum

In consultation with the First Vice President

2.3.12

19.  The status of the Ministries of Defence, Guidance and Endowment, and Federal Governance

N/A

N/A

N/A

N/A

N/A

(a) The Jurisdiction of the Ministry of Defence shall not extend to the SPLA

(b) The military chain of authority and command common to both Parties to the CPA shall strictly consist of:

(i) The Presidency

(ii) The Joint Defence Board (JDB)

(ii) Command of the Joint Integrated Units (JIU’s)

 (c) The jurisdiction of the Ministry of Guidance and Endowment and the Ministry of Federal Governance shall not extend to the Southern States.

(d) Matters that fall within the scope of jurisdiction of the Ministries of Federal Governance and Guidance and Endowment shall be in conformity with the provisions of the Protocols on the resolution of the Conflict in Southern Kordofan and Blue Nile States and the Protocol on the resolution of the Conflict in Abyei Area 

20. Matters in respect of which the President shall take decisions with the consent of the First Vice President according to the Protocols and Agreements

N/A

The President and the First Vice President

N/A

N/A

Khartoum

As per attached Appendix C

21.  Representative ness of the administration of the National Capital.

After establishment of the institution of the Presidency

The Presidency in consultation with the Governor of Khartoum State

GONU and the Government of Khartoum State

To be worked out by the Presidency in consultation with the Government of Khartoum State

Khartoum

Consultations by the parties to the CPA.

2.4.2

22. Representation of the people of Sudan in the law enforcement agencies in the National Capital and provision for their adequate training.

During the Pre-Interim Period

The Presidency and the Government of Khartoum State

GONU and Khartoum State

As shall be worked out by the Presidency and the Government of Khartoum State

Khartoum

As shall be worked out by the Presidency and the Government of Khartoum State

2.4.4

23. Appointment of a special commission to ensure that the rights of non-Muslims are protected in the National Capital

Upon the establishment of the institution of the Presidency

The Presidency

GONU

Size to be determined by the Presidency

Khartoum

By consultations and to be appointed by the Presidency In accordance with  the INC and CPA

2.4.6

24. Establishment of mechanisms of guarantees of the rights of non-Muslims in the National Capital

After the enactment of the INC

Chief Justice and the National Minister of Justice  and any other Institutions charged with the implementation of mechanisms and guarantees

GONU

N/A

Khartoum

In accordance with the provisions of the INC and CPA

2.4.7

25. Clustering of National Ministries.

Implementation modalities

  The Parties

N/A

§         Sovereignty cluster;

§         Economic cluster;

§         Services cluster;

Clusters as per Appendix D

2.5.3

26. Allocation of seats of the National Executive

Within 30 days after the adoption of INC

The presidency

N/A

To be allocated in each cluster according to the ratio 70%/30% North/South,

52% NCP (49% Northerner+ 3% Southerner);

28% SPLM (21% Southerner+ 7% Northerner);

14% Northern Political Forces;

6% Southern Political Forces.

N/A

By consultation with the parties to the Agreement and with other political forces.

2.5.5

27. Information Campaign in all languages to popularize the Peace Agreement and foster national unity, reconciliation and mutual understanding.

From the beginning of the Pre-interim till the end of the Interim Period.

Parties and all levels of government

Parties and all levels of government

The parties and the GONU

All over the Sudan

Media, seminars, conferences, workshops leaflets, political public rallies , meetings, etc

2.5.9

28. Establishment of the National Civil Service Commission (NCSC)

a) Enactment of the National Civil Service Commission Act

b)  Establishment of the NCSC

After adoption of the INC within the Pre-interim Period.

After the enactment of the NCSC Act

National Legislature

Presidency

GONU

GONU

N/A

To be determined by the Presidency in accordance with the provision of the Act.

Khartoum

Khartoum

Routine legislative procedures

Consultations

2.6.1.5 and 2.6.2

29. Mechanism for operationalization of affirmative action

After establishment of the NCSC

NCSC

GONU

N/A

N/A

Applies to people of Southern Sudan, Nuba Mountains, Southern Blue Nile, Abyei and any other least develop areas in Sudan and any disadvantaged group.

2.6.1.5

30. Enactment of the National Security Act.

After the enactment of the INC

The National Legislature

GONU

N/A

Seat of National Legislature

Column 7 of item 6 in the Matrix applies

2.7.1.1.

31. Establishment of the National Security Council (NSC).

During the Pre-interim Period and After the enactment of the NS Act

The Presidency

GONU

To be determined by the law.

Khartoum

Consultations

32. Establishment of the National Security Service (NSS)

During Pre-interim Period after adoption of NS Act

The Presidency

GONU

According to the law

Khartoum

Establishment of the National Security Organs  in accordance with the  provisions of the INC and the law

2.7.2.1

33. Establishment of Security Committees at the GOSS and the States level.

Upon adoption of the NS Act

The President of the GOSS and the Governors of the States

GOSS and the States

    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.

GOSS level and States level

In accordance with the provision of the NS Act

2.7.2.5

34.

Identification of the security organs of the two Parties and their assets.

During Pre-interim Period

Before the establishment of the NSS

The Parties to the CPA

N/A

N/A

N/A

Consultations

2.7.2.8

35. Development and promotion of national languages

a. Enactment of a founding law

b. Establishment of a council for development and promotion of national languages

After the enactment of the INC

After the enactment of the law

GONU

The President

GONU

GONU

N/A

According to the law

Seat of National Legislature

 Khartoum

Routine Legislative Procedures

consultations

2.8.1

36.  Human Rights commission

a. Enactment of the HRC Act

b. Establishment of Human Rights Commission (HRC)

After the

enactment of the INC.

 After the enactment of the HRC Act

The National Legislature

The Presidency

GONU

GONU

N/A

To be agreed by the parties to the Agreement from competent figures (15 members).

Khartoum.

Khartoum

Column 7 of item 6 in this Matrix applies.

Consultation in accordance with the INC and the law

2.10.1.2

37.

The Constitutional Court Act

a. Enactment of the Constitutional Court Act

b. establishment of the Constitutional Court

After enactment of the INC

After the adoption of the INC within the Pre-interim Period.

The National Legislature

The Presidency upon recommendation of the National Judicial Service Commission

N/A

GONU

N/A

9 competent non-partisan

figures 

Khartoum

Khartoum.

Column 7 of item 6 in this Matrix applies.

Consultations

2.11.2.1

38. The National Judicial Service Commission

a. Enactment of the NJSC Act

b. Establishment of the National Judicial Service Commission (NJSC)

After the enactment of INC

After the adoption of the INC within the Pre-Interim Period and enactment of NJSC Act

The National Legislature

The Presidency

N/A

GONU

N/A

To be chaired by the Chief Justice and composed as follows:

*Representative of Academia, the Dean Faculty of Law U of K;

* Three deputies of the Chief Justice.

* President of the Southern Sudan Supreme Court;

* 2 representatives from National Sudanese Bar Association one from North and one from the South;

* The Chairperson of the legal committee in the two Chambers;

* The National Minister of Justice;

* The National Minister of Finance;

* The one in charge of legal affairs in GOSS;

* The Chairman of legal Committee in southern Sudan Assembly.

Khartoum

Khartoum

Column 7 of Item 6 in this Matrix applies.

Consultations between the Parties in accordance with the INC and the law.

2.11.4.5

39. Southern Sudan representation in Constitutional Court, National Supreme Court and other national courts in the Capital.

For the Constitutional Court as mentioned above in the establishment of the Constitutional Court the rest throughout the Interim Period of the Agreement.

Presidency according to recommendation by NJSC

N/A

N/A

 Khartoum

Consultation

2.11.4.6 (iii)

40. Submission and approval of the CPA to the National Assembly (NA) and National Liberation Council (NLC)

Within two weeks from the date of signature of the CPA

IGAD, NA and NLC

Parties to the CPA

N/A

Seat of NA and seat of the NLC

Submission by IGAD Secretariat for peace in Sudan

2.12.4.1

41. Establishment and composition of the National Constitutional Review Commission (NCRC).

Within two weeks from the date of signature.

The parties to the CPA

N/A

60 members allocated according to the Power Sharing Protocol (PSP) formula for the NA (each party must include civil society).

N/A

Consultation between the parties to the CPA.

Decisions shall be taken by consensus, but whenever this is not possible a decision shall be passed by two-thirds majority

2.12.4.2 and 2.12.4.3

42. Preparation of the Constitutional Text by NCRC.

Within six weeks from the date of receipt of the text of the CPA

The NCRC

NCP, SPLM, other political forces, IGAD, and International Community

N/A

To be determined by the Parties

 A technical committee of 7 from each party to the CPA to prepare a joint draft to be presented to NCRC.

2.12.5

43. Adoption of the Constitutional Text as INC.

Within two weeks from the date of receipt from NCRC

NA and SPLM NLC

N/A

N/A

Khartoum and

Seat of NLC

Draft text will be presented by NCRC to NA and NLC for adoption

2.12.7

44. Preparation of other legal instruments as stipulated in 2.10 of PSP.

After the adoption of the INC within the Pre-interim Period.

NCRC

Parties to NCRC

N/A

N/A

 To be drafted by NCRC.

2.12.9

45. Organization of an inclusive Constitutional Review Process (CRP)

During the Interim Period

NCRC

GONU

N/A

All over Sudan

Public rallies, workshops, seminars, meetings, media programs, etc

2.12.10

PART III

46. Determination of North/ South border of 1/1/1956

Pre-interim period after the adoption of the INC

Presidency

GONU

 Membership of the technical committee to be determined by the Presidency.

Seat of GONU and GOSS

 The Presidency shall establish a Technical Ad hoc border Committee to demarcate precisely the 1/1/1956 North/ South borderline. This committee shall seek technical assistance from relevant expertise: both national and international.

3.1

47. a) Establishment of an inclusive  Southern Sudan  Constitutional Drafting Committee (SSCDC).

b) Drafting and adoption of the text.

c) Determination of Compatibility of SSC with the INC

After enactment of the INC.

Within three weeks for drafting from the establishment of the SSCDC and within one week for adoption from the convening of TASS.

Within two weeks from the receipt of the SSC

President of GOSS

SSCDC and TASS

National Ministry of Justice

N/A

International Community for the SPLM

GONU

40 members to be allocated according to the PSP formula for the Southern Sudan Assembly as per article 3.5.1 of the PSP

N/A

N/A

Seat of GOSS

Seat of GOSS

Khartoum

Allocation to Southern Political Forces shall be agreed upon through consultations between SPLM and such Forces

Decisions shall be taken by consensus, but whenever this is not possible a decision shall be passed by two-thirds majority

A technical Committee to be appointed by the GOSS to draft Southern Sudan Constitution for presentation to SSCDC.

Presentation, discussion and adoption of the draft text.

TASS shall submit the SSC to the National Ministry of Justice within one week. After declaration of compatibility the President of GOSS shall sign the SSC.

3.2

2.12.12

48. Establishment of the First Southern Sudan Assembly (SSA).

Within two weeks from the adoption of the INC

The President of GOSS

GOSS

170 members to be allocated according to the PSP formula for the Southern Sudan Assembly.

 Seat of GOSS

Broad Consultations between the parties to the CPA and other political forces (including Identification of other political forces.)

3.5.1

49. Election of the Speaker, Deputy Speaker and officers of TASS.

Upon the establishment of TASS

TASS

GOSS

N/A

 Seat of GOSS

Consultations

3.5.6

50. Appointment of the Vice President of GOSS

After swearing in of the First Vice President and President of GOSS

President of GOSS

N/A

N/A

  Seat of GOSS

Consultation within SPLM.

3.5.4

51. Establishment of the Council of Ministers of Government of Southern Sudan.

Within one week of signing Southern Sudan Constitution (SSC).

President of GOSS

GOSS

To be determined through consultations

Seat of GOSS

Consultations

3.6.1, 3.6.3 and 3.6.4,

3.6.4.3

52. Establishment of Judiciary of Southern Sudan

Within one week from the adoption of SSC.

President of GOSS

GOSS

N/A

 Seat of GOSS

In accordance with the SSC, CPA and INC

3.7.1

53. Appointment of the President and Justices of Southern Sudan Supreme Court, Courts of Appeal and Judges of other Courts

Within one week from the adoption of SSC

President of GOSS

N/A

To be determined by law.

N/A

Consultations

3.7.2, 3.7.5

PART IV

54. Appointment of state Governors

Upon adoption of the INC and in case of Southern Sudan upon adoption of SSC

The President of the Republic in consultation with the First Vice President. And in case of Southern Sudan the President of GOSS in consultation with Vice President of GOSS

N/A

N/A

N/A

According to the INC,CPA and in the case of Southern Sudan according to SSC

55.  Establishment of state legislatures

Within one week after appointment of the Governors.

State Governors

 States

(a) Northern States:

Except for Southern Kordofan State and Blue Nile States, between 30 and 48 members depending on consultations between the President of the Republic and the governors of those states.

(b)  Southern States:

Between 30 t0 48 members depending on consultations between the President of GOSS and Governors of those States.

(c) Southern Kordofan State:

54 members representing the NCP and SPLM as agreed in the text on the Implementation Modalities of the Two Areas.

d) Blue Nile State:

Between 30 and 48 members depending on consultations between the Presidency and the Governor of Blue Nile State

State capitals

Allocation according to the PSP formula as per article 4.4.2

Allocation according to the PSP formula as per 4.4.2 and allocation for political forces in Southern Sudan, other than the NCP, shall be agreed upon through consultations between the SPLM and such forces.

Allocation of seats in the State Legislature as per the percentages agreed in article 11.1.1 of the “Protocol On The Resolution Of Conflict In southern Kordofan/Nuba Mountains And Blue Nile States”

Allocation of seats in the State Legislature as per the percentages agreed in article 11.1.1 of the “Protocol On The Resolution Of Conflict in Southern Kordofan/Nuba Mountains And Blue Nile States”.

4.4.2

56. Establishment of Abyei Area Council

Within one week after the appointment of the Chief Administrator

The Presidency

Abyei Area Administration

20 members to constitute Abyei Area Council as agreed in article 4.1 of the “Protocol On The Resolution Of Abyei Conflict

Members of Abyei Area Council to be appointed by the Presidency

57. Mechanism for selection of 20% of other political forces in the Northern and Southern States

Before the establishment of the state Assemblies.

NCP in the North and SPLM in the Southern Sudan

N/A

N/A

N/A

Broad Consultations between the parties to the CPA and other political forces (including identification of other political forces.)

4.4.2.2 (iii)

58. a) Drafting and adoption of the State constitutions

b) Determination of the Compatibility of the State constitutions with INC, and in case of states in Southern Sudan according to INC and SSC.

Within three weeks from the establishment of the state legislature in Northern states and in case of states of Southern Sudan the adoption shall be within 4 weeks after signing of SSC.

Within two weeks from the receipt of the State constitution.

State legislature

National Ministry of Justice

States