CPA Implementation Progress: Status and Challenges Luka Biong Deng Minister of Presidential Affairs, GoSS Sudan Consortium Juba, 21 st March 2007

1. Primary Responsibilities of GoSS Maintenance of peace and security; Reconstruction and development; Promotion of good governance and welfare of the people; Implementation of the Comprehensive Peace Agreement; Acting as the link between the National Government and the States of Southern Sudan; and Ensuring the protection of the rights and interests of the people in Southern Sudan. Article 56 of Interim Constitution of Southern Sudan

(a) GoSS and CPA Implementation GOSS Sudan has a constitutional obligation and responsibility to implement, monitor, assess and evaluate progress in the implementation of the CPA. This necessitates regular review of achievements, challenges and constraints facing the implementation of the CPA. Such review needs to be gauged against benchmarks of institutional reforms, democratic transformation, decentralization and devolution of powers, social justice as critical aspects of the CPA

(b) CPA Implementation Monitoring More than two years elapsed since the signing of the CPA in Jan GoSS is almost one and half years old since its establishment in Oct Few attempts to provide CPA monitoring reports (Presidency GoNU, UN Monitors, AEC). No systematic and comprehensive stocktaking of the CPA implementation progress. Lack of informed judgment on CPA implementation.

(c) CPA Implementation Monitoring in Southern Sudan Office of the President of GoSS as the head of GoSS that represents the will of the people and all levels of government in Southern Sudan. GoSS Ministry of Presidential Affairs is in the process of establishing Department of Inter- Governmental Relations that will be tasked to regularly monitor the implementation of CPA in collaboration with other stakeholders

2. Aspects of the Progress Report Implementation Modalities with detailed and implementable provisions of all protocols of the CPA (provisions, timing, funding etc.) Progress Report focuses on main provisions, timing of implementation, responsible institutions, status of implementation and key challenges. Status of implementation is classified into provisions implemented, not implemented, not due, partially implemented and on-going. Key challenges (major constraints and necessary actions needed)

(a) CPA: Major Achievements Relative Peace and stability in most ceasefire zones. Institutions (executive, legislature and judiciary) of government at all levels have been established and are becoming operational gradually. Most constitutions of all levels of government in Sudan have been passed. More resources transferred to the GoSS and states and for pro-poor programmes. Increased economic growth and booming of trading activities and increased role of private sector in provision of social services and peace dividends.

(b) CPA Implementation: General Overview Total Number of Provisions 209 Implemented Provisions 103 Unimplemented Provisions54 Partially Implemented Provisions26 Provisions not due26 Status of Implementation 56%

CPA Implementation: General Overview

(c) Protocols Implementation Status Power Sharing64% Wealth Sharing54% Security Arrangements66% Two States57% Abyei Area30%

Protocols Implementation Status

(c) CPA Implementation: Key Challenges Quantitative achievements (56%) do not lead to fundamental transformation without content, adequate mechanisms and resources for effective implementation and sustenance. Critical aspects of the CPA (Abyei, North-South Border, Oil Sector Management, Population Census, OAGs, Deployment of SAF Forces) are not implemented because of strategic interest in oil sector.

(3) Machakos and Power Sharing Protocols (a) Status of Implementation Total Number of Provisions 65 Implemented Provisions 35 Unimplemented Provisions11 Partially Implemented Provisions 9 Provisions not due10 Status of Implementation 64%

Machakos and Power Sharing Protocols (b) Key Challenges Decisions making process in the Presidency, National Council of Ministers and National Legislature. Population Census/General Elections North-South Border Demarcation National Reconciliation and Healing Process Media and Press National Security Service National Capital Foreign Policy Critical Commissions (Human Rights, Civil Service)

(4) Wealth Sharing Agreement (a) Status of Implementation Total Number of Provisions 39 Implemented Provisions 21 Unimplemented Provisions14 Partially Implemented Provisions 4 Provisions not due 0 Status of Implementation 54%

Wealth Sharing Agreement (a) Status of Implementation

Wealth Sharing Agreement (b) Key Challenges Transparent Petroleum Management. FFAMC, National Revenue Fund and States Support Fund. Conventional Banking in Southern Sudan National Reconstruction and Development Fund and three areas and war affected areas (75%). National Land Commission MDTFs Delivery and Peace Dividends New currency and counterfeiting

(5) Security Arrangements (a) Status of Implementation Total Number of Provisions 42 Implemented Provisions 23 Unimplemented Provisions 2 Partially Implemented Provisions 10 Provisions not due 7 Status of Implementation 66%

Security Arrangements (a) Status of Implementation

Security Arrangements (b) Key Challenges Ceasefire Political Commission SAF Demobilized Forces SAF Redeployment Schedule (50% vs. 28%) Level of SAF forces in two states JIUs joint armaments and training Other Armed Groups Popular Defense Force and Unified Police DDR Programme

(6) Southern Kordofan and Blue Nile States (a) Status of Implementation Total Number of Provisions 33 Implemented Provisions 16 Unimplemented Provisions 9 Partially Implemented Provisions 2 Provisions not due 5 Status of Implementation 57%

Southern Kordofan and Blue Nile States (a) Status of Implementation

Southern Kordofan and Blue Nile States (b) Key Challenges Popular Defense Force Police and civil service integration as per CPA SAF forces level Ceasefire zones and boundaries of Blue Nile Change in governorship is due Inadequate budget allocation to the two states including additional allocation from the Presidency. States Land Commissions not established

(7) Abyei Area (a) Status of Implementation Total Number of Provisions 31 Implemented Provisions 8 Unimplemented Provisions18 Partially Implemented Provisions 1 Provisions not due 4 Status of Implementation 30%

Abyei Area (a) Status of Implementation

Abyei Area (b) Key Challenges Abyei Boundaries Commission’s recommendations as final and binding Special administrative status Establishment of Abyei Area Administration Reconciliation and peace building SAF presence despite the deployment of JIUs Restriction on movements of UN monitors Budget allocation and oil revenue transfers Representation in the Council of States

Conclusion Considerable progress in the implementation of the CPA. More political will and commitment to peace as the only option for Sudan. Effective monitoring system of CPA Implementation, particularly during the next critical phase (population census, mid-term review, general elections, popular consultation, right of self-determination referendum, post- interim period) International community to increase its support and scaled up its monitoring role during the next critical phase of CPA implementation.