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THE ADDIS ABABA AGREEMENT ON THE PROBLEM
OF SOUTH SUDAN
Draft Organic Law to organize
Regional Self-Government in the Southern provinces of the
Democratic Republic of the Sudan
In accordance with the provisions
of the Constitution of the Democratic Republic of the Sudan
and in realization of the memorable May Revolution Declaration
of June 9, 1969, granting the Southern Provinces of the
Sudan Regional Self-Government within a united socialist
Sudan, and in accordance with the principle of the May Revolution
that the Sudanese people participate actively in and supervise
the decentralized system of the government of their country,
it is hereunder enacted:
Article 1. This law
shall be called the law for Regional Self-Government in
the Southern Provinces. It shall come into force and a date
within a period not exceeding thirty days from the date
of Addis Ababa Agreement.
Article 2. This law
shall be issued as an organic law which cannot be amended
except by a three-quarters majority of the People's National
Assembly and confirmed by a two-thirds majority in a referendum
held in the three Southern Provinces of the Sudan.
CHAPTER I : DEFINITIONS
a) 'Constitution' refers
to the Republican Order No. 5 or any other basic law
replacing or amending it.
b) 'President' means
the president of the Democratic Republic of the Sudan.
c) 'Southern Provinces
of the Sudan' means the Provinces of Bahr El Ghazal,
Equatoria and Upper Nile in accordance with their boundaries
as they stood January 1, 1956, and other areas that
were culturally and geographically a part of the Southern
Complex as may be decided by a referendum.
- 'People's Regional Assembly" refers
to the legislative body for the Southern Region of the
- 'High Executive Council' refers to t
he Executive council appointed by the President on the
recommendation of the President of the High Executive
Council and such body shall supervise the administration
and direct public affairs in the Southern Region of the
- 'President of the High Executive Council'
refers the person appointed by the President on the recommendation
of the People's Regional Assembly to lead and supervise
the executive organs responsible for the administration
of the Southern Provinces.
- 'People's National Assembly' refer to
the National Legislative Assembly representing the people
of the Sudan in accordance with the constitution.
- 'Sudanese' refers to any Sudanese citizens
as defined by the Sudanese Nationality Act 1957 and any
Article 4. The Provinces
of Bahr El Ghazal, Equatoria and Upper Nile as defined in
Article 3. (iii) shall constitute a self-governing Region
within the Democratic Republic of the Sudan and be known
as the Southern Region.
Article 5. The Southern
Region shall have legislative and executive organs, the
functions and power of which are defined by this law.
Article 6. Arabic
shall be official language for the Sudan and English the
principle language for the Southern Region without prejudice
to the use of any language or languages, which may serve
a practical necessity for the efficient and expeditious
discharge of executive and administrative functions of the
Article 7. Neither
the People's Regional Assembly nor the High Executive Council
shall legislate or exercise any powers on matters of national
nature which are:
Currency and Coinage
Air and Inter-Regional
Communications and Telecommunications
Customs and Foreign
Trade except for border trade and certain commodities,
which the Regional Government may specify with the approval
of the Central Government.
Nationality and Immigration
Planning for Economic
and Social Development
Article 8. Regional
Legislation in the Southern Region is exercised by a People's
Regional Assembly elected by Sudanese Citizens resident
in the Southern Region. The constitution and condition of
membership of the Assembly shall be determined by law.
Article 9. Members
of the People's Regional Assembly shall be elected by direct
- For the First Assembly the President
may appoint additional members to the People's Regional
Assembly where conditions for elections are not conducive
to such elections as stipulated in Article 9, provided
that such appointed members shall not exceed one-quarter
of the Assembly.
- The People's Regional Assembly shall
regulate the conduct of its business in accordance with
rules of procedures to be laid down by the said Assembly
during it first sitting.
- The People's Regional Assembly shall
elect one of its members as a speaker, provided that the
first sitting shall be presided over by the Interim President
of the High Executive Council.
Article 11. The People's
Regional Assembly shall legislate for the preservation of
public order, interim security, efficient administration
and the development of the Southern Region in cultural,
economic and social fields and in particular in the following:
- Promotion and utilization of Regional
financial resources for the development and administration
of the Southern Region.
- Organization of the machinery for Regional
and Local Administration.
- Legislation on traditional law and
custom within the framework of National Law.
- Establishment, maintenance and administration
of prisons and reformatory institutions.
- Establishment, maintenance and administration
of Public Schools at all levels in accordance with National
Plans for education and economic and social development.
- Promotion of local languages and cultures.
- Town and village planning and the construction
of roads in accordance with National Plans and programs
- Promotion of trade; establishment of
local industries and markets; issue of traders' licenses
and formation of co-operation societies.
- Establishment, maintenance and administration
of public hospitals.
- Administration of environmental health
services; maternity care; child welfare; supervision
of markets; combat of epidemic diseases; training of
medical assistants and rural midwives; establishment
of health centers, dispensaries and dressing stations.
- Promotion of animal health; control
of epidemics and improvement of animal production and
- Promotion of tourism
- Establishment of zoological gardens,
museums, organizations of trade and cultural exhibitions.
- Mining and quarrying without prejudice
to the right of the Central Government in the event
of the discovery of natural gas and minerals.
- Recruitment for, organization and administration
of Police and Prison services in accordance with the
national policy and standards.
- Land use in accordance with national
- Control and prevention of pests and
- Development, utilization, and protection
of forests crops and pastures in accordance with national
- Promotion and encouragement of self-help
- All other matters delegated by the
President or the People's National Assembly for legislation.
Article 12. The People's
National Assembly may call for facts and information concerning
the conduct of administration in the Southern Region.
- The People's Regional Assembly
may, by a three-quarters majority and for specified
reasons relating to public interest, request the President
of relieve the President or any member of the High Executive
Council from office. The President shall accede to such
- in case of vacancy, relief or resignation
of the President of the High Executive Council, the
entire body shall be considered as having automatically
Article 14. The People's
Regional Assembly may, by a two-thirds majority, request
the President to postpone the coming into force of any law
which, in the view of the members, adversely affects the
welfare and interests of the citizens of the Southern Region.
The President may, if he thinks fit, accede to such request.
- The People's Regional Assembly may,
by a majority of its members, request the President
to withdraw any Bill presented to the People's National
Assembly which in their view affects adversely the welfare,
rights or interests of the citizens in the Southern
Region, pending communication of the views of the People's
- If the President accedes to such request,
the People's Regional Assembly shall present its views
within 15 days from the date accession to the request.
- The President accedes to such request,
The People's Regional Assembly together with his own observation
if he deems necessary.
Article 16. The People's
National Assembly shall communicate all Bills and Acts of
the People's Regional Assembly for their information. The
People's Regional Assembly shall act similarly.
CHAPTER V: THE EXECUTIVE
Article 17. The Regional
Executive Authority is vested in a High Executive Council
which acts on behalf of the President.
Article 18. The High
Executive Council shall specify the duties of the various
departments in the Southern Region provided that on matters
relating to Central Government Agencies it shall act with
approval of the President.
Article 19. The President
of the High Executive council shall be appointed and relieved
of office by the President on the recommendation of the
People's Regional Assembly.
Article 20. The High
Executive Council shall be composed of members appointed
and relieved of office by the President on the recommendation
of the President of the High Executive Council
Article 21. The President
of the High Executive Council and its members are responsible
to the President and to the People's Regional Assembly for
efficient administration in the Southern Region. They shall
take an oath of office before the President.
Article 22. The President
and members of the High Executive Council may attend meetings
of the People's Regional Assembly and participate in its
deliberations without the right of vote, unless they are
also members of the People's Regional Assembly.
Article 23. The president
shall form time to time regulate the relationship between
the high Executive Council and the central ministries.
Article 24. The High
Executive Council may initiate laws for the creation of
a Regional Public Service. These laws shall specify the
terms and conditions of service for the Regional Public
CHAPTER VII : FINANCE
Article 25. The People's
Regional Assembly may levy Regional duties and taxes in
addition to National and Local duties and taxes. It may
issue legislation and orders to guarantee the collection
of all public monies at different levels.
(One) The source
of revenue of the Southern Region shall consist of the
- Direct and indirect regional taxes.
- Contribution from People's Local Government
- Revenue from commercial, industrial and
agricultural projects in the Region in accordance with
the National Plan.
- Funds from the National Treasury for
- Funds voted by the people's National
Assembly in accordance with the requirements of the Region.
- The Special Development Budget for the
South as presented by the People's Regional Assembly for
the acceleration of economic and social advancement of
the Southern Region as envisaged in the declaration of
June 9, 1968.
- See Appendix B.
(Two) The Regional Executive Council
shall prepare a budget to meet the expenditure of regional
services, security, administration, and development in
accordance with national plans and programme and shall
submit it to the People's Regional Assembly for approval.
- Any other sources.