IGAD Draft Peace Proposals For The Nuba Mountains 

2.     Nuba Mountains (South Kordofan)

2.1       The Nuba Mountains shall be subjected to the following arrangements:

2.1.1  It will have its own legislature duly entitled to make laws

          exclusively (alone) and concurrently for the state in respect of the                   

           matters set out in the schedules enumerated in the Final Draft 2 

           protocol.

 2.1.2  It will have a State Executive (Council of Ministers) appointed by a 

           governor elected by the inhabitants of the state and accountable to its   

           state legislature.

2.1.3            It will have a state civil service to administer the state’s laws and to provide state legislature.

2.1.4            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.

2.1.5            It will be entitled to a proportion share from the total allocation to the North of the following:

2.1.5.1            Members of the National Assembly;

2.1.5.2            National Ministers;

2.1.5.3            Members of the Council of States (being two each) ; and

2.1.5.4            Senior civil service positions

2.2                   It will be entitled to collaborate and make agreement with other states    

           and the National Government in negotiating matters of mutual interest.

2.3                   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.

2.4                   The state shall have at leas the competencies of other states but must also have the following:

2.4.1         control over education at primary and secondary level and such aspects 

          of education policy and curriculum that provide for diversity and 

           mediums 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.

2.4.2         The state shall have the right to freely determine the content of all state     laws whether civil or criminal matters, subject only to the Interim National Constitution.

2.5                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.

2.6                The Executive and legislature shall accommodate and respect the Council of Elders and acknowledgement an appropriate role for the Council.

2.7                These States shall have special resources allocated to them to provide for  the reconstruction and rehabilitation of war-affected areas.

2.7.1   The National Government will guarantee an annual transfer of 4.5 billion   

Sudanese 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.

2.7.2  The National Government will transfer an amount for the costs of

reconstruction, 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.

2.8                The State may draft its own state constitution, subject only to its compliance with the Interim National Constitution.

2.9                The state shall be entitled to establish and – managed its police force.

2.10           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.

2.11           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 constitutional provisions.

2.12           Pending the election referred to above, the Parties shall agree on:

2.12.1     The composition of the interim state legislature;

2.12.2     The state’s Interim Executive Council, provide that the persons so    

                   appointed shall come from the state; and

2.12.3     The identity of the persons representing the state in the two houses 

                  of the national legislature.

2.13           Both Parties will acknowledge the need to provide for religious, linguistic and cultural diversity and tolerance, which have been a characteristic of the state.

2.14           Both Parties to this Agreement will promote the removal of any call for,

          or exhortation to attack or harm any of the citizens of the state.

2.15           Pending the elections, the Governor shall be selected by the state

legislature 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.

2.16           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 land.

2.17           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.

2.18           Presently applicable national laws within the competency of the state shall be replaced as and when such new laws are duly enacted.

2.19           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.