Draft Peace Proposals For The
Nuba Mountains (South Kordofan)
Nuba Mountains shall be subjected to the following arrangements:
2.1.1 It will have its own legislature duly entitled to make laws
(alone) and concurrently for the state in respect of the
set out in the schedules enumerated in the Final Draft 2
2.1.2 It will
have a State Executive (Council of Ministers) appointed by a
elected by the inhabitants of the state and accountable to its
It will have a state civil service to administer the state’s laws and
to provide state legislature.
It will be entitled to a fair and equitable shares of national revenue
and to raise its own revenue as provided for in the interim National
Constitution, and to raise taxes, which shall include at least those specified
in the schedules referred to above.
It will be entitled to a proportion share from the total allocation to
the North of the following:
Members of the National Assembly;
Members of the Council of States (being two each) ; and
Senior civil service positions
It will be entitled to collaborate and make agreement with other states
National Government in negotiating matters of mutual interest.
Subject to the interim National Government Constitution, it may establish
state courts to enforce its state laws as well as national laws applicable in
The state shall have at leas the competencies of other states but must
also have the following:
control over education at primary and secondary level and such aspects
policy and curriculum that provide for diversity and
of instruction. If there is a conflict between the National and
the state government on language on question of languages of
instruction and curricula, the state proposal shall prevail.
The state shall have the right to freely determine the content of all
whether civil or criminal matters, subject only to the Interim National
Nuba Mountains state shall have exclusive legislative and executive
competencies over state resources as well as all other matters listed as state
powers in the Schedules mentioned herein which include, inter alia, cultural,
language, religious and customary law matters.
The Executive and legislature shall accommodate and respect the Council
of Elders and acknowledgement an appropriate role for the Council.
These States shall have special resources allocated to them to provide
for the reconstruction and
rehabilitation of war-affected areas.
The National Government will guarantee an annual transfer of 4.5 billion
Dinar (SDD) [or, in all cases, the equivalent of the new currency [ if when issued] per year for the first four years
of the interim period, and 5.0 billion SDD in the fifth year
and 5.7 billion SDD in the six year, as a minimum to the state government
to cover general budgetary expenditures.
The National Government will transfer an amount for the costs
development, and reintegration equal to 3.3 billion SDD (0.08 percent of GDP) in
the first year, 4.2 billion SDD (0.09 percent of GDP in the second year, 5.3
billion SDD (0-10 percent) in the third year, 6.5 billion SDD (0-11 percent of
GDP) in the fifth, 7.3 billion- SDD (0-11 percent of GDP ) in the sixth year,
and 8.3 billion SDD (0.11 percent of GDP) in the seventh year. For the purpose
of this agreement the GDP used the calculations of these transfers will be
the-one used for the formulation of the annual budget. This arrangement will be
reviewed at the end of the Interim Period.
The State may draft its own state constitution, subject only to its
compliance with the Interim National Constitution.
The state shall be entitled to establish and – managed its police
The Security Arrangements in this state shall be in accordance with the
provisions of the cease-fire agreement to be concluded regarding the
disengagement and location of the Sudan People’s Armed Forces (SPAF) and the
Sudan People’s Liberation Army (SPLA) (hereinafter referred to as the Sudan
people’s Liberation Armed Forces ‘SPLAF’ and the treatment of allied
forces or militias.
There shall be free and fair elections for the state legislature towards
the end of the first half of the Interim Period. The parties contesting this
election may, notwithstanding other provisions of the Peace Agreement , seek a
mandate regarding the state’s constitutional status. In line with any such
mandate, such elected state legislature may resolve , through consultation with
the people to engage directly with the National Government in regard to the
variation or elaboration of its constitutional
status or power, save that any such variation must conform with all relevant
Pending the election referred to above, the Parties shall agree on:
The composition of the interim state legislature;
The state’s Interim Executive Council, provide that the persons so
appointed shall come from the state; and
The identity of the persons representing the state in the two houses
of the national legislature.
Both Parties will acknowledge the need to provide for religious,
linguistic and cultural diversity and tolerance, which have been a
characteristic of the state.
Both Parties to this Agreement will promote the removal of any call for,
exhortation to attack or harm any of the citizens of the state.
Pending the elections, the Governor shall be selected by the state
and approved by the Presidency. Southern Kordofan
state legislature shall submit a shortlist of the candidates to the, Presidency
indicating their preference and the Presidency shall select by consensus the
governor from among the shortlists.
There shall be a branch of the land commission in the state with the
power to recommend land ownership and land tenure reforms, resolve land disputes
and order restitution or compensation for the taking or removal of rights in
Ownership or investment or participation in large agricultural schemes
shall, as far as possible and in accordance with law, be first offered to local
communities and individuals within the state both in regard to existing and new
schemes. The latter shall require local approval.
Presently applicable national laws within the competency of the state
shall be replaced as and when such new laws are duly enacted.
Where the state has exclusive legislative competency, the National
Legislature shall not enact any new national laws applicable to the state. Where
it has concurrent competency and the National Government enacts competing
legislation which conflicts with laws in all matters in which the diversity or
traditions or culture of a group within the state is affected, the provisions of
the state law shall prevail.