CHAPTER VIII : OTHER
- Citizens of the Southern Region shall
constitute a sizeable proportion of the People's Armed
Forces in such reasonable numbers as will correspond to
the population of the region.
- the use of the People's Armed Forces
within the Region and outside the framework of national
defense shall be controlled by the President of the advice
of the President of the High Executive Council
- Temporary arrangements for the composition
of units of the People's Armed Forces in the Southern
Region are provided for in the Protocol on Interim Arrangements.
Article 27. The President
may veto any Bill which he deems contrary to the Provisions
of the National Constitution provided the People's Regional
Assembly, after receiving the President's views, may reintroduce
Article 28. The President
and members of the High Executive Council may initiate laws
in the People's Regional Assembly.
Article 29. Any member
of the People's Regional Assembly may initiate any law provided
that financial Bills shall not be presented without sufficient
notice tot he President of the High Executive Council.
Article 30. The People's
Regional Assembly shall strive to consolidate the unity
of the Sudan and respect the spirit of the National Constitution.
Article 31. All citizens
are guaranteed freedom of movement in and out of the Southern
Region, provided restriction or prohibition of movement
may be imposed on a named citizen solely on grounds of public
health and order.
a) All citizens
resident in the Southern Region are guaranteed equal
opportunity of education, employment, commerce and
the practice of any profession.
- No law adversely affect the rights
of citizens enumerated in the previous item on the basis
of race, tribal origin, religion, place of birth, or
Article 33. Juba
shall be the Capital of the Southern Region and the seat
of the Regional Executive and Legislature.
APPENDIX A: FUNDAMENTAL
RIGHTS AND FREEDOMS
The following should be
guaranteed by the Constitution of the Democratic Republic
of the Sudan.
- A citizen should not be deprived of his
- Equality of citizens.
a) All citizens,
without distinction based on race, national origin,
birth, language, sec, economic or social status,
should have equal rights and duties before the law.
- All persons should be equal before
the courts of law and should have the rights to institute
legal proceedings in order to remove any injustice or
declare any right in an open court without delay prejudicing
- Personal liberty.
a) Penal liability
should be personal. Any kind of collective punishment
should be prohibited.
- The accused should be presumed innocent
until proved guilty.
- Retrospective penal legislation and
punishment should be prohibited.
- The right of the accused to defend
himself personally or through an agent should be guaranteed.
- No person should be arrested, detained
or imprisoned except in accordance with the due process
of law, and no person should remain in custody or detention
for more than twenty-four hours without judicial order.
- No accused person should be subjected
to inducement, intimidation of torture in order to extract
evidence from him whether in his favor or against him
or against any other person, and no humiliating punishment
should be inflicted on any convicted person.
- Freedom of Religion and Conscience.
- Every person should enjoy freedom of
religious opinion and of conscience and the right to
profess them publicly and privately and to establish
religious institutions subject to reasonable limitations
in favor of morality, health or public order as prescribed
- Parents and Guardians should be guaranteed
the right to educate their children and those under
their care in accordance with the relation of their
- Protection of Labor.
i) Forced and
compulsory labor of any kind should be prohibited
except when ordered for military or civil necessity
or pursuant to penal punishment prescribed by law.
ii) The right to equal
pay for equal work should be guaranteed.
- Freedom of minority to use their languages
and develop their culture should be guaranteed.
APPENDIX B: DRAFT ORDINANCE
ON ITEMS OR REVENUE AND GRANTS-IN-AID FOR THE SOUTHERN REGION
- Profits accruing to the Central Government
as a result of exporting products of the Southern Region.
- Business Profit Tax of the Southern Region
that are at present in the Central list of the Ministry
- Excise Duties on alcoholic beverages
and spirits consumed in the Southern Region.
- Profits on sugar consumed in Southern
- Royalties of forest products of the Southern
- Royalties on leaf Tobacco and Cigarettes.
- Taxation on property other than that
provided in the Rates Ordinance.
- Taxes and Rates on Central and Local
Government Projects (5 percent of net profits of factories,
co-operative societies, agricultural enterprises and cinemas).
- Revenue accruing from Central Government
activities in the Southern Region provided the Region
shall bear maintenance expenses e.g., Post Office revenue,
land sales, sale of forms and documents, stamp duties
and any other item to e specified from time to time.
- Licenses other than those provided for
in the People's Local Government Act, 1971.
- Special Development Tax to be paid by
Residents in the Southern Region the rate of which should
be decided by the People's Regional Assembly.
- Income Tax collected from officials and
employees serving in the Southern Region both in the local
and national civil services as well as in the Army, Police
and Prisons, Judiciary, and Political Establishment.
- Corporation Tax on any factory and/or
agricultural project established in the Region but not
run by the Regional Government (5 percent of the initial
- Contribution from the Central Government
for the encouragement of construction and development;
for every agricultural project, industrial project and
trading enterprise (20 percent of the initial cost as
assessed by the Central Government).
- New Social Service Projects to be established
by the Region or any of its Local Government units, and
for which funds are allocated, shall receive grants from
the National Treasury in the following manner:
20 percent of expenses.
Trunk and through Roads
and Bridges, 25 per cent of expenses.
Relief and Social amenities,
15 percent of expenses.
Tourist attraction projects
25 percent of expenses.
Security, 15 percent
Grants for Post Secondary
and University education within the Sudan, 20 percent
of grants, outside the Sudan 30 percent of grants.
Contribution for Research,
Scientific Advancement, and Cultural Activities, 25
percent of expenses.
AGREEMENT OF THE CEASE-FIRE
IN THE SOUTHERN REGION
Article 1. This
Agreement shall come into force on the date and
time specified for the ratification of the Addis
Article 2. There
will be an end to all military operations and to
all armed actions in the Southern Region from the
time of cease-fire.
Article 3. All
combat forces shall remain in the area under their
control at the time of the cease-fire.
Article 4. Both
parties agree to forbid any individual or collective
acts of violence.
activities contrary to public order shall cease.
Article 5. Movements
of individual members of both combat forces outside
the areas under their control shall be allowed only
if these individuals are unarmed and authorized
by their respective authorities. The plans for stationing
troops from the National Army shall be such as to
avoid any contact between them and the Southern
Sudan Liberation Movement combat forces.
Article 6. A
joint Commission is hereby created for the implementation
of all questions related to the cease-fire including
repatriation of refugees. The Joint Commission shall
include members from all the countries bordering
on the Southern Region as well as representatives
of the International Committee of the Red Cross,
World Council of Churches, all Africa Conference
of Churches and United Nations High Commissioner
Article 7. The
joint Commission shall propose all measures to be
undertaken by both parties in dealing with all incidents
after a full inquiry on the spot.
Article 8. Each
party shall be represented on the Joint Commission
by one senior military officer and maximum of five
Article 9. The
headquarters of the Joint Commission shall be located
in Juba with provincial branches in Juba, Malakal
Article 10. The
Joint Commission shall appoint local commission
in various centers of the Southern Region composed
of two members from each party.
PROTOCOLS ON INTERIM ARRANGEMENTS
CHAPTER 1: INTERIM ADMINISTRATIVE
(Political, Local Government
and Civil Service)
Article 1. The
President of the Democratic Republic of Sudan shall,
in consultation with the Southern Sudan Liberation
Movement (S.S.L.M) and branches of the Sudanese
Socialist Union in the Southern Region, appoint
the president and members of an Interim High Executive
Article 2. The
Interim High Executive Council shall consist of
the President and other members with portfolios
- 1Finance and Economic Planning.
- 3Information, Culture and Tourism
- 4Communication and Transport
- 5Agriculture, Animal Production
- 6Public Health.
- 7Regional Administration (Local
Government, Legal Affairs, Police and Prisons).
- 8Housing, Public Works and Utilities
- 9Natural Resources and Rural
Development (Land Use, Rural Water Supply, Forestry
- 10Public Service and Labor
- 11Minerals and Industry, Trade
Article 3. The
interim High Executive Council shall, in accordance
with national laws, establish a Regional Civil Service
subject to ratification by the People's Regional
Article 4. The
President shall, in consultation with the Interim
High Executive Council determine the date for the
election to the People's Regional Assembly, and
the Interim High Executive Council shall make arrangements
for the setting up of this Assembly.
Article 5. In
order to facilitate the placement in and appointment
to both central and regional institutions, the Southern
Sudan Liberation Movement shall compile and communicate
lists of citizens of the Southern Region outside
of the Sudan in accordance with details to be supplied
by the Ministry of Public Service and Administrative
Article 6. The
Interim High Executive Council and the Ministry
of Public Service and Administrative Reform shall
undertake to provide necessary financial allocations
with effect from the 192\72-73 Budget for such placements
Article 7. The
Mandate of the Interim High Executive Council shall
not exceed a period of 18 months.
CHAPTER II: TEMPORARY
ARRANGEMENTS FOR THE COMPOSITION OF UNITS OF THE PEOPLE'S
ARMED FORCES IN THE SOUTHERN REGION.
Article 1. These
arrangements shall remain in force for a period
of five years subject to revision by the President
of the request of the President of the High Executive
Council acting with the consent of the People's
Article 2. The
People's Armed Forces in the Southern Region shall
consist of a national force called the Southern
Command composed of 12,000 officers and men of whom
6,000 shall be citizens from the Region and the
other 6,000 from outside the Region.
Article 3. The
recruitment and integration of citizens from the
Southern Region within the aforementioned Forces
shall be determined by a Joint Military Commission
taking into account the need for initial separate
deployment of troops with a view to achieve smooth
integration in the national force. The commission
shall ensure that this deployment shall be such
that an atmosphere of peace and confidence shall
prevail in the Southern Region.
Article 4. The
joint Military Commission shall be composed of three
senior military officers from each side. Decision
of the Joint Military Commission shall be taken
unanimously. In case of disagreement such matters
shall be referred to the respective authorities.
CHAPTER III: AMNESTY
AND JUDICIAL ARRANGEMENTS
Article 1. No
action or other legal proceedings whatsoever, civil
or criminal, shall be instituted against any person
in any court of law for or on account of any act
or matter done inside or outside the Sudan as from
the 18th day of August 1995, if such
act or matter was done in connection with mutiny,
rebellion or sedition in the Southern Region.
Article 2. If
a civil suit in relation to any acts or matters
referred to in Article 1 is instituted before or
after the date of ratification of the Addis Ababa
Agreement such a suit shall be discharged and made
null and void.
Article 3. All
persons serving terms of imprisonment or held in
detention in respect of offences herein before specified
in Article 1 shall be discharged of released within
15 days for the date of ratification of the Addis
Article 4. The
joint Cease-fire Commission shall keep a register
of all civilian returnees, which register shall
serve to certify that the person therein named are
considered indemnified within the meaning of this
Agreement provided that the commission may delegate
such power to the Sudan in the case of citizens
from the Southern Region living abroad and to whom
the provisions of this Agreement apply.
Article 5. In
the case of armed returnees or those belonging to
combat forces the Joint Military Commission shall
keep a similar register of those persons who shall
be treated in the same manner as provided for in
Article 6. Notwithstanding
the provisions of Articles 4 and 5 above a Special
Tribunal with ad hoc judicial powers shall be established
to examine and decide on those cases which in the
estimation of the authorities do not meet the conditions
for amnesty specified in Article 1 of this Agreement.
The Special Tribunal shall be composed of a President
appointed by the President of the Republic and not
more than four members named by the Cease-fire Commission.
Article 7. Cases
referred to in Article 6 shall be brought to the
attention of the Special Tribunal by request of
the Minister of Justice.
Article 8. The
Amnesty Provision contained in this Agreement as
well as the powers of Special Tribunal shall remain
in force until such time as the President after
consultation with the commissions referred to in
Article 9. Although
resettlement and rehabilitation of refugees and
displaced persons is administratively the responsibility
of the Regional Government the present conditions
in the Southern Region dictate that efforts of the
whole nation of the Sudan and International organizations
should be pooled to help and rehabilitate persons
affected by the conflict. The Relief and Resettlement
Commission shall co-ordinate activities and resources
of the Organization within the country.
Article 10. The
first priority shall be the resettlement of displaced
persons within the Sudan in the following order:
- 1Persons presently residing in overcrowded
centers in the Southern Region, and persons desirous
to return to their original areas and homes;
- 2Persons returning from the bush
including Anayanya Supporters;
- 3Handicapped persons and orphans
Article 11. The
second priority shall be given to returnees from
the neighboring and other countries according to
an agreed plan. This plan shall provide for:
- 1Adequate reception centers with
facilities for shelter, food supplies, medicine and
- 2Transportation to permanent resettlement
villages or places of origin.
- 3Materials and equipment.
Article 12. The
Relief and Resettlement Commission shall:
- 1Appeal to international organizations
and voluntary agencies to continue assistance for
students already under their support particularly
for students in secondary schools and higher institutions
until appropriate arrangements are made for their
- 2Compile adequate information on
students and persons in need of financial support
from the Sudan Government.
Article 13. The
Relief and Resettlement Commission shall arrange
for the education of all returnees who were attending
This agreement is hereby
concluded on this twenty-seventh day of the month of February
in the year one thousand nine hundred and seventy two, A.D,
in this city Addis Ababa, Ethiopia, between the Government
of the Democratic Republic of the Sudan on the one hand
and the Southern Sudan Liberation Movement on the other.
It shall come into force on the date and hour fixed for
its ratification by the President of the Democratic Republic
of the Sudan and the Leader of the Southern Sudan Liberation
Movement. It shall be ratified by the said by two Leaders
in person or through their respective authorized Representatives,
in this city, Addis Ababa Ethiopia, at the twelfth hour
at noon, on the twelfth day of the month of March, in the
year on thousand nine hundred and seventy two, A.D.
In witness whereof, we the
Representatives of the Government of the Democratic Republic
of the Sudan and the Representatives of the Southern Sudan
Liberation Movement hereby append our signatures in the
presence of the Representative of His Imperial Majesty the
Emperor of Ethiopia and the Representatives of the World
Council of Churches, the All Africa Conference of Churches,
and the Sudan Council of Churches.
FOR THE GOVERNMENT OF
THE DEMOCRATIC REPUBLIC OF THE SUDAN
- Abel Alier-Wal Kuai, Vice President and
Minister of State for Southern Affairs.
- Dr. Mansour Khalid,
Minister for foreign Affairs.
- Dr. Gaafar Mohammed
Ali Bakheit, Minister for Local Government
- Major-General Mohammed
Al Baghir Ahmed, Minister of Interior.
- Abel Rahman Abdalla,
Minister of Public Service and Administrative Reform.
- Brigadier Mirghani Suleiman
- Colonel Kamal Abashar.
FOR THE SOUTHERN SUDAN
- Ezboni Mondiri Gwonza, Leader of the
- Dr. Lawrence Wol Wol, Secretary of the
Delegation. Mading deGarang, Spokesman of the Delegation.
- Colonel Frederick Brian Maggot, Special Military Representative.
- Oliver Batali Albino, Member.
- Anelo Voga Morjan, Member.
- Rev. Paul Puot, Member.
- Job Adier de Jok, Member.
- Nabiyelul Kifle, Representative of His
Imperial Majesty the Emperor of Ethiopia.
- Leopolda J. Niilus, Representative of the World Council
- Kodwo E. Akrah, Representative of the World Council
- Burgess Carr, General Secretary All Africa Council of
- Samuel Athi Bwogo, Representative of the Sudan Council
I attest that these signatures are genuine
Burgess Carr, Moderator.
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