NCP-SPLM Points of Agreement

NCP-SPLM Points of Agreement
From June to August 2009, in Washington, Khartoum, and Juba, the National Congress Party and the Sudan People’s Liberation Movement (hereinafter the Parties”) with the United States Special Envoy to Sudan, came together collectively and cooperatively to discuss and address outstanding issues related to implementation of the Comprehensive Peace Agreement, in an attempt to revitalize and reinvigorate this landmark agreement.
The two parties have agreed to the following points: I. Abvei
a. The parties agree to immediately implement the Ahyei Tribunal decision as final and binding and to demarcate the Abyci boundary as per the Tribunal decision.
i.    The parties agreed the decision would be announced at the Permanent Court of Arbitration (PCA) in The Hague with representation from both parties on July 22, 2009.
ii.    The parties agreed that representatives from the predominantly affected communities consisting of the Ngok Dinka and Misseriya would come to Khartoum on July 20, 2009 to discuss implementation of the decision and to establish post-decision mechanisms to resolve grievances related to the decision and to promote peace.
iii.    The parties agreed that a few international representatives would be present in Abyci for the decision, including the United States Special Envoy and team, and that the Special Envoy would visit both Misseriya and Ngok Dinka
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constituencies along with representatives from the NCP and SPLM.
iv. The Parties agreed to form a demarcation committee, consisting of surveyors chosen in equal numbers by the parties, with international technical assistance, under the supervision of an oversight committee composed of equal representatives chosen by each party that includes representatives of the predominantly affected communities.
b. The panties agree to fully implement the Abyei Protocol, including international monitoring and wealth sharing arrangements.
i.    Arrears due as of the date of the PCA decision will be disbursed according to the Abyei Protocol, with adjustments made for any amounts already paid.
ii.    For the period beginning on the date of the PCA decision, the Government of National Unity (GoNU) will immediately begin to distribute all net oil revenue from the Abyci Area as required by the Abyci Protocol.
iii.    The GoNU will allocate funding to the Abyci Administration as required by the Abyci Protocol.
iv.    The parties will invite the Three Areas Working Group of the Assessment and Evaluation Commission (AEC) to the Abyci Area to observe and report on the progress the parties are making to implement the decision and the Protocol within 14 days.
C. The parties developed a plan with the United States to facilitate dissemination of the arbitration decision at the local level in anticipation of the decision, and will hold a meeting with the local
Ieadership of both Parties in the Abyei Area to establish local conflict mitigation processes or mechanisms.
i, The parties are responsible for disseminating the decision, in particular to their constituencies, and ensuring that violent negative reactions do not arise.
ii. The SPLM and NCP issued a joint press statement in English and Arabic which described the final decision and affirmed their commitment to full implementation.
in. Representatives of the NCP and SPLM jointly visited the Abyei Area to disseminate the decision and their commitment to implementation.
iv. The parties will form a joint task force to disseminate the decision that will include periodic meetings with the traditional leadership of affected communities.
d. The parties will use all existing capabilities to prevent violence, to enhance security, and to consolidate peace.
i. The parties will pull hack Sudanese Armed Forces and Sudan People’s Liberation Army forces and contain possible spoilers.
The parties recommit themselves to the security provisions of the Abyei Protocol to the Comprehensive Peace Agreement (CPA).
in. The parties request the Ceasefire Joint Military Committee to convene a security meeting no later than one week after the decision to discuss the full impact of the decision on the security provisions in the Abyei Protocol.
iv. The parties will not interfere in the ability of United Nations Mission in Sudan (UNMIS) to be at full strength and ready to
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fulfill its mandate. UNMIS in Abyei shall have free movement within the Abyei Area as defined by the PCA decision and within the ceasefire zone, as specified in the CPA.
II. Border Demarcation
a.    The parties agree that the North-South boundary line shall be as it stood on the I/1/1956, subject to the outcome of Abyei Referendum.
b.    The parties acknowledge the United States intention to provide technical assistance to advise and expedite the work of the North-South Ad-Hoc Border Committee and to accelerate the final and binding border demarcation process. 1
c.    The parties agree to direct the Border Committee, as directed by the Presidency, to continue delimiting undisputed areas and to be finalized no later than September 30, 2009.
d.    The parties request assistance from the United States and/or others to facilitate resolution of any disputed areas between the parties.
III. Security
a. Joint Integrated Units (JIUs)
i.    The GoNU shall immediately avail resources for the JIUs as per the budget approved by the Joint Defense Board (JDB) for maintenance, accommodation, screening, training, and equipment, as called for in the CPA.
ii.    The parties acknowledge the United States intention to work with the parties to review the current status of the JIUs in terms of composition, training, screening, and scope of operations within the current mandate of the JIUs and undertake to mobilize international support for the JIUs to be completed by September 30, 2009. The parties will present the
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recommendations of the review to the JD13 for approval and implementation.
b.    Other Armed Groups (OAGs)
i. Without prejudice to the reports of the OAG Collaborative Committee, the parties agree to request the CJMC to verify the presence and movement of OAGs and work with both parties to enhance the disarmament, demobilization, and reintegration process for those groups. The parties acknowledge the United States intention to provide support to the parties and the CPC to fulfill the verification request. The CJMC can visit any suspected camps within the ceasefire tone.
As a confidence-building measure, the parties agree to form an ad hoc committee, as facilitated by the United States, to address the status of other armed groups in the country with the view of achieving comprehensive peace and stability in the country and to realize full inclusiveness in the transition process
c.    Disarmament, Demobilization, and Reintegration (DDR) and Redeployment of `hoops
i.    The parties request the United States help with mobilizing international resources and technical assistance for the DDR program in the country.
ii.    Without prejudice to efforts (including reports) by the CJMC, the parties agree to complete their redeployment obligations in the ceasefire zones no later than December 31, 2009 and to work with the United States to identify mechanisms for civilian protection in those areas.
iii.    The parties agree that post-redeployment issues shall be raised in the JD13 by either party.
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d. Other Security Issues
The parties agree to work together to ensure security and to create a conducive environment for oil development in the Sudan in accordance with the CPA.
IV. Wealth Sharing
a.    The parties agree to ask the Government of National Unity to request the International Monetary Fund to review the implementation of the two banking systems under one Central Bank, in accordance with the CPA. This includes questions about the national reserves and management of foreign currency transfers within one national monetary policy. This review was to he concluded no later than 15 August 2009.
b.    The parties agree that the GoNU shall transfer the fu11 share of the Government of Southern Sudan’s (GoSS) oil revenue in a timely manner and in accordance with the provisions of the CPA.
c.    The parties agree that the GoNU shall pay back to GoSS deductions for national elections.
d.    The parties recommit themselves to the mandate of the National Petroleum Commission (NPC), and agree that the NPC will undertake an audit of the oil sector, with United States and other international technical support, to ensure transparency and accountability.
e.    The parties agree to ensure the national institutions responsible for the collection of national non-oil revenues are able to collect such revenues in Southern Sudan in accordance with the provisions of the CPA.
V.    Blue Nile and Southern Kordofan
a.    The parties affirm the responsibilities of each level of government as per the CPA, and agree that there is a role for both the national government and the state governments in the popular consultations to be held in these states.
b.    The parties will determine together, including through discussions facilitated by the United States in the trilateral framework, if legislation is required at the national level to govern the conduct of the popular consultations. This was to have been completed by July 30, 2009. If the parties agree that legislation is required, the parties will prepare it no later than September 15, 2009 for introduction in the National Assembly.
c.    The parties reaffirm their commitment to the recommendations of the Joint Political Executive Subcommittee on the Two States, and direct this subcommittee to implement its recommendations by September 30, 2009.
d.    The parties agree that the CroNU will immediately transfer additional funds to the two states as approved by the Presidency.
e.    Without prejudice to the Security Arrangements and following the completion of redeployment, the Presidency shall determine the appropriate level of SA F in the two states no later than December 31, 2009.
VI.    Elections
a. The parties commit themselves to conducting free and fair genera] elections on the April 2010 date agreed upon by the National Election Commission.
h. The parties agree that GoNU will provide in a timely manner the necessary resources requested by the National Election Commission for the conduct of national elections by April 2010.
c. The parties request the United States help with mobilizing the international community to provide sufficient resources to fill critical financial gaps for the conduct of the national elections.
VII.    Democratic Transformation
a. The parties shall identify laws that are potentially inconsistent with the CPA for review by the parties. The review, including any necessary amendments or decisions to repeal, and any other necessary preparations for introduction in the appropriate legislature, will be completed no later than September 15, 2009.
h. The parties also agree to prepare no later than September 15, 2009 the Southern Sudan Referendum bill for introduction in the National Assembly for enactment.
c. The National Security Act will he reviewed and amended to become consistent with the CPA.
VIII.    Making Unity Attractive
a.    The parties agree to begin the national reconciliation process, as called for in the CPA and Presidential Decree and Directives issued on December 27, 2007.
b.    The parties agree to work together with the United States to solicit funding for projects that make unity attractive, including peace dividends and infrastructure development that connects the country.
c.    The parties agree to expedite the implementation of the remaining milestones in the CPA, including the 35 recommendations of the AEC
mid-term evaluation report, as part. of the measures for making unity attractive.
IX.    National Competencies Issues
a.    The GoNU, the GoSS, and the states will operate within their areas of competency as outlined in the CPA, and effect any agreements made by the Political-Executive Committee.
b.    The GoNU shall exercise its powers with the facilitation of the GoSS in areas of exclusive national competencies in Southern Sudan, particularly in the following areas:
i.    Customs and duties
ii.    National tax collection
Iii, Civil aviation
iv.    Passport and immigration procedures
v.    Telecommunications
vi.    Borders and national defense
vii.    National universities in Southern Sudan
X.    Darfur
a.    The parties agree that the conflict in Darfur is a political problem and an issue of national concern, and both have interest and are committed to redoubling their efforts within the GoNU to resolve the conflict in Darfur.
b.    The parties agree that the Comprehensive Peace Agreement, Darfur Peace Agreement, and other agreed frameworks provide the basis for resolving the conflict in Darfur.
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c. The parties agree to work jointly with the United States to find a lasting peace in Darfur before the general elections, to include:
i.    Unifying the Darfuri movements to develop common positions for the next peace talks.
ii.    Working with all neighboring countries to support the peace process in Darfur and to improve bilateral relations.
iii.    Mobilizing the international community to support the peace process in Darfur and post-conflict reconstruction and development in Darfur.
XI. Points for Continued Discussion
The parties agree to address issues concerning a) the census and b) the referendum in subsequent trilateral discussions on or about September 9-10 in Juba.
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