A/HRC/40/CRP.1
b.
From this account, revenue can only be transferred either to the Consolidated Fund (to
finance the national budget) or to the Petroleum Revenue Savings Account, at respectively
75 and 25 percent. The Petroleum Revenue Savings Account is made up of the Petroleum
Revenue Stabilization Account (to receive 10 percent of oil revenue) and the Future
Generation Fund (to receive 15 percent of oil revenue).1028 These latter two funds are highly
important as the Petroleum Revenue Stabilization Account creates a ‘buffer’, protecting the
economy against hazards such as volatility in revenue (e.g. a drop in oil prices) and
unexpected shortfalls in oil production.1029 The Future Generations Fund will generate
“savings for the long-term and support the welfare of future generations”,1030 so that the
money earned by South Sudan’s oil will benefit its population even after the oil wells are
exhausted, which according to predictions may happen in around 30 years from now, 1031
though estimates on the country’s oil reserves vary. 1032
c.
South Sudan’s oil-producing states and communities shall receive respectively two and three
percent of its oil revenue (withdrawn from the Consolidated Fund, before it is fed into the
budget).1033 Transfer of these funds to the communities will be overseen by Community
Development Committees “based on transparent, equitable and objective plans”.1034 These
particular provisions in the Act will go some way towards redressing the many violations and
other hardship related to the oil-extraction suffered over the years by the civilian population
of the oil-rich areas in South Sudan, though it has been noted that the term ‘communities’
may be open to different interpretations, thus making implementation of the Act problematic,
without further clarification from the legislature.1035 The two percent provision as
incorporated into the 2005 CPA was however already criticized in 2009 by the then Governor
of Unity State, Taban Deng Gai, arguing that Unity deserved to get an increased share of the
oil revenue to address environmental damage caused by previous oil exploration. 1036
The two percent provision also appears to be closely connected with the creation of additional
states in 2015 and 2016, (see above Section VI(D), Redrawing of Administration
Boundaries), as the location of oil fields and major oil blocks appears to be a possible
motivation for the strategic re-dividing of states under the 28 and subsequent 32 States
Decrees. As a result of these decrees, currently the majority of the operational oil blocks and
fields are located in newly created states that have a majority Dinka population. As noted
below in Section VII(A) on Unity, Ruweng State (Blocks 1, 2 and 4) has a majority Padang
Dinka population.1037 Similarly for Upper Nile State - and although Blocks 3 and 7 cover a
larger area of this state - the main oil fields of Palouch and Adar are located in what is now
Northern Upper Nile State,1038 which has a majority Dinka population.
d.
The Act devotes an entire chapter (IX) to the transparent and accountable management of oil
revenues, with detailed stipulations on the requirement of regular public reporting, In
addition, Chapter X of the Act provides for internal and external auditing of any and all
records related to the Petroleum Revenue Account and Petroleum Revenue Saving Funds.
1028
Petroleum Revenue Management Act (2013), sections 9-11.
Petroleum Revenue Management Act (2013), section 13(3); Emily Savage, “South Sudan’s Petroleum Revenue Management
Act”, The Sudd Institute, Policy Brief, 12 December 2013, p. 3.
1030 Petroleum Revenue Management Act (2013), section 13(4).
1031 David K. Deng (2015), “Oil and Sustainable Peace in South Sudan”, South Sudan Law Society, February 2015, p. 1; Confidential
Meeting, Juba, 14 December 2018.
1032 For example, in 2012 the Minister of Petroleum claimed there were proven reserves of 7 billion barrels, though his own Ministry
put this at 1.7 billion (Patey, L., The New Kings of Crude, China, India and the Global Struggle for Oil in Sudan and South
Sudan, 2014, pp. 245-246). In November 2018, the current Minister of Petroleum stated South Sudan holds 3.5 billion barrels in
proven oil reserves (Presentation at Oil & Power Conference in Juba).
1033 Petroleum Revenue Management Act (2013), Chapter VIII, section 29.
1034 Petroleum Revenue Management Act (2013), section 9(3). Schedule B of the Act sets out detailed guidelines on the creation and
functioning of the Community Development Committees. The allocation of two percent of oil revenues to oil-producing states
(or regions) was already included in the 2005 Comprehensive Peace Agreement between the Government of the Sudan and the
SPLM/SPLA (section 5(5)).
1035 Emily Savage, “South Sudan’s Petroleum Revenue Management Act”, The Sudd Institute, Policy Brief, 12 December 2013, pp.
4-5.
1036 Patey, L., The New Kings of Crude, China, India and the Global Struggle for Oil in Sudan and South Sudan, 2014, p. 234.
1037 Confidential Meeting, 18 December 2018.
1038 Under the 28 States Decree, Upper Nile had first been divided into two states, Western and Eastern Nile.
1029
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