بسم الله الرحمن الرحيم

21/ October 1999

WORKING PAPER

FOR A COMPREHENSIVE

POLITICAL AGREEMENT

IN SUDAN

Sudan, along with all the newly independent countries had experienced the transfer of power to a National Government through a Democratic system based on the British model.

Democracy in Britain, and in the other countries, which witnessed its birth, took two centuries to develop. Its development was preceded by certain aspects, which prepared for it: The development of the Nation- State the Industrial Revolution, the spread of education, and cultural enlightenment.

However, Democracy in Sudan and in countries with similar circumstances was introduced in one go and without the preparatory aspects mentioned earlier. Consequently the ensuing body politic, the Modern State, the institutions of civil society like the political parties, the Trade unions, was all underdeveloped and weak.

By contrast, the armed forces in the Newly Independent States were relatively more developed than the institutions of Civil Society. They received added attention because they were the instruments of the colonial authority to keep law and order. The fact that the organization of the armed forces is built around simple notions to create and maintain cohesion through discipline helped.

Wherever the Democratic system of Government faced turbulence, the armed forces interfered. In many cases certain radical political forces, to gain power, attempt to by-pass the prevailing social reality, and make a short cut to modernization and development.

In both cases of military intervention, the armed forces acquired a basic political role.

Sudanese politics oscillated between fragile Democratic Governments, and despotic military Governments, causing endemic instability in the country.

Political instability was coupled with a National Economy, which suffered from there structural defects: -

FIRTST: Inbalance between the modern and the traditional economic sectors.

SECOND: Regional economic in balance.

THIRD: Sharp disparities between social classes. Such inbalances resulted in many regional and social groups feeling of alienation and marginalization.

Sudan is a country with a plurality of religions, cultures, and ethnic identities. The colonial Government had concluded that there are two Sudans: -

An Islamic Arabic Sudan, and an African Sudan. The later they sought to preserve for its African and Christian ways. This “Sudan” they separated as closed districts, closed to Islamic Arabic contacts.

Sudanese National consciousness first developed in the North. The National movement as developed in the North, sought to reverse colonial policy by cultural unification. Feelings of cultural domination, of economic and social marginalization, and political deprivation as practiced particularly by the oppressive military regimes which governed the country for 75% of Sudanese political life since independence are the main causes of the current civil war.

The present Regime in Sudan had applied a policy of cultural unification, governmental despotism, and an agenda of regional and international expansionism.

In resistance to this policy, the civil war became even more bitter because it acquired an added religious factor. Its fronts also expanded because of an alliance between all the aggrieved political forces of Sudan. This broad fronted National Resistance enjoyed the support of Regional and International forces alienated by the Regime`s politics. Consequently, the culture of violence pervaded the country and Sudanese citizens engaged in politics have come to expect only one of two fates: to kill or to be killed.

In such climate, the civil war became more atrocious, and it’s Humanitarian effects become more tragic. To day Sudan stands at the crossroads before one of the following possibilities: -

- Escalation of the culture of violence with all the accompanying Regional and International alliances to such an extent that the country becomes victim to a scenario of a free for all violence along the pattern which plagued Cambodia and Lebanon in Asia, and Somalia and Liberia in Africa.

- The International Community deciding that enough is enough in the Sudan, whose political groups, are incapable of reaching a political agreement.

The IGAD Declaration of Principles states that if the two sides fail to reach agreement towards a united Sudan, the South should exercise self-determination.

On this basis, the International community could force a political solution.

Such logic takes the total lack of confidence between the Regime in Khartoum and the SPLM/A for granted.

In such circumstances self-determination would lead to separation, and the formation of two mutually hostile States.

They will target each other, and seek to destabilize each other.

The reasonable alternative to such a scenario is a comprehensive Peace agreement between all-not only two-parties to the conflict. Such a comprehensive political agreement will also achieve democratic legitimacy by making the peoples the judge of who governs and how? Such a comprehensive political agreement will have a broad popular base, which constitutes a fortress of protection against the adventures of self-seekers and adventures.

A comprehensive Political Agreement could be based on the following principles.

A Declaration of Principles

for a Comprehensive Political Agreement.

1- The peace Agreement.

The Sudanese political forces as represented the National Democratic Alliance and the forces representing the present regime in Sudan declare their support for the following principles to form the basis of a just peace agreement:-

(A) Citizenship is the basis of constitutional rights and duties.

(B) Separation between political and religious institutions.

(D) The International charters concerning Human rights are binding.

(E) Recognition of Religious, cultural, and ethnic plurality in Sudan.

(F) The country to be governed on a decentralized basis, the distribution of powers between the center and the states to be implemented as previously agreed.

(G) The restructuring of the institutions of States to accommodate cultural plurality and federal government.

(H) Just participation in Government.

(I) The elimination of the scars of the civil war, and the voluntary resettlement of the displaced people.

(J) The implementation of these commitments during a transition period which should not exceed two years.

At the end of the transition period the South within its 1956 boundaries, will be requested to choose between a voluntary federal unity, or confederation, or independence.

The Nuba Mountains, the INGASANA Mountains, and ABYEY district would receive political, economic, and administrative reforms during the transition period.

They are entitled to decide through plebiscite their political and administrative future.

2- The System of Government.

(A) Sudanese political forces to commit themselves to the establishment of a pluralistic, federal, democratic system of Government guaranteeing Human Rights, and basic freedoms.

(B) The democratic system most becoming the Sudan is a Presidential Federal Democracy which establishes a strong executive, separates constitutional powers, and establishes a distinct division between central and regional powers on the basis of the constitution.

(C) A cultural Charter, which recognizes religious cultural and ethnic plurality and lays the basis for co-existence between the different National groups, would be incorporated into the guiding principles of the constitution.

(D) National commitment to sustainable development aiming at the construction of the material in infrastructure, the establishment of the social infrastructure, and the establishment of the free Market Economy, without prejudice to social and regional justice.

(E) To endorse a policy of accountability for misdeeds since independence, to eliminate injustices and to cleanse public life.

3- Regional and International Relations.

(A) To establish positive good neighborliness which caters for mutual development and security matters.

(B) The establishment of special relations with Sudan’s closer neighbors whose interests interlock with Sudan’s.

(C) The establishment of Sudan’s international relations on the basis of international cooperation, and support for international peace, and international legitimacy.

4- The establishment of a transition Government that abides by the principles herein stated, and executes the following program in a transition period, which does not extend to more than two years.

(A) To restructure the state institutions.

(B) Run the plebiscite for self-determination.

Introduction: -

The long lasting civil war in Sudan has divided the peoples of Sudan, arrested their development, it created National and Regional instability, and focussed international attention on Sudan because its troubles are endangering world peace and international stability.

Several factors have caused strife in Sudan. The main causes are the policies of forced acculturation, developmental inbalance, and the lack of balance in the distribution of social services-factors, which polarized citizens and prepared the ground for civil war.

The oscillation between Democratic and despotic military systems and the strains created by the civil war blocked the emergence of a generally accepted constitutional legitimacy upon which to base government stability in Sudan.

The issues of political stability, security, and development exert mutual influence in the geopolitical entities of the Horn of Africa, the Nile Valley, and the Savanna Belt creating common concern for their security, development, and stability.

Other issues, namely, Islamic Militancy, illegal emigration to the west, the size of Sudan’s external debt, the Humanitarian tragedy created by the effects of war and famine drawing numerous N.G.O. activities into the Sudan, have together created a Sudan world problem to be resolved as a chapter of the comprehensive political Agreement. That Agreement falls into five chapters.

The five chapters form a consistent whole. The peace agreement itself falls into five sections:

First section: Religion and State

On the basis of the NAIROBI, Declaration of ABRIL 1993 and the ASMARA resolution OF 1995, THE Sudanese constitution guarantees the following: -

(A) The Sudanese State is a civil State, in which Sovereignty is for the people, and Government is Democratic and Federal. Constitutional rights and duties in this civil State are based upon citizenship.

(B) The State recognizes religious plurality in Sudan, it guarantees religious freedom, and the rights of religious groups to fulfill their beliefs and calling provided they abide by the following:-

· Separation between political and religious institutions. No political parties shall be formed on a religious, ethnic, or regional basis.

· No National Group shall be entitled to any privileges because of its religious, cultural, or ethnic identity.

· The principles concerning Human Rights embodied in International charters shall be incorporated in the country’s constitution.

Sudan is home to numerous cultures. This cultural plurality shall be recognized and their freedom of expression shall be guaranteed.

They are expected to coexist in mutual toleration. The following cultural Charter regulates cultural matters in the Sudan: -

FIRST: The cultural groups in Sudan mutually recognize each other, and are entitled to full expression of their cultural identity provided they abide by the following conditions:

Second: The country’s Development, educational and information programs, recognize the country’s cultural plurality and help Sudanese cultures to develop them selves.

THIRD: The country’s cultural policies would seek to reconcile their central and regional aspects and reinforce the bond of citizenship.

FOURTH: Sudan’s cultural entities should seek to enrich each other through friendly contacts. The recognition of cultural plurality does not prohibit intercultural exchange, nor prevent external exchanges. There are universal Human principles namely, Democracy, social justice, the love of knowledge, the scientific method, and all the principles shared by civilizations. Sudanese cultures would seek to adopt them. Also, there are universal moral values, namely, wisdom, fidelity, truthfulness, and altruism. Sudanese cultures would incorporate them in their acculturation strategies.

FIFTH: Universal Human Rights would be digested by Sudan’s cultural groups and integrated in their cultural expression. Sudanese cultures generally suffer from a common weakness in various degrees. The issue of women’s rights. This gender insensitivity should be recognized, and the concept of human equality emphasized.

SIXTH: To reject religious compulsion. To encourage religious toleration. To conduct dialogue between the Abrahamic faiths to outline common aspects between them which would serve mutual understanding. To identify African values which recognize a moral nexus between Humanity and the occult, between Humanity and Nature, between the Rational and the instinctive, and between present and past human generations.

They should be identified and used to enrich spiritual and moral awakening in Sudan’s society.

SEVENTH: Arabic is Sudan’s lingua franca. It is Africa’s number one National language. Arabic would be recognized as Sudan’s National Language.

English is the number on international language. English would be recognized as Sudan’s first international language.

Sudan’s local languages and dialects would be recognized in their regions and cultural contracts between the country’s linguistic groups would be encouraged.

EIGHTH: To encourage cultural contacts between the peoples of the Nile basin, the peoples of the Savannah Belt, and the African and Arab peoples. Mutual linguistic exchanges between these peoples would be encouraged.

NINETH: To cooperate with and welcome the positive aspects of Globalization, and to establish protective means against its negative aspects. To program a cultural response to Globalization.

TENTH: To reject the concept of inevitable international hostility between faiths. To reject the concept of the inevitability of clash of civilizations which is especially fuelled by reactionary tendencies in National cultures and Hegemonistic tendencies in External cultures which would lead to a new Dark Age if allowed full play. To pursue a dialogue of faiths, and a dialogue of cultures in the pursuit of mutual Human understanding and brotherhood befitting the future of MAN, the noblest of beings.

The civil war created a huge gulf of distrust, bitterness, and religious hatred between its fighting parties, The call for self-determination which pervaded political opinion in the South has come to embody the schism between the people of the Sudan. The call for self-determination would have caused a final break between the peoples of Sudan. However, the politically conscious elements in Sudan have realized that the extent of bitterness created would not allow the automatic assumption of the country’s unity. They promptly accepted the need for self-determination. This response absorbed much of the bitterness, and persuaded the aggrieved political forces that their views and feelings will be considered and that if the unity of the country is reestablished; it will be on a voluntary basis and after a serious effort to eliminate the historic grievances.

· Numerous refugees who fled the country, and numerous displaced peoples who resorted to urban areas in the Sudan and to the capital. The voluntary resettlement of these peoples is a priority.

· Rehabilitation of the Development schemes in the war torn areas is another priority.

· Thirdly: The rehabilitation and reconstruction of the social infrastructure is necessary.

The colonial Administration established the institutions of state in a way which benefited certain regions and social groups and marginelized others. Such benefits and marginalization impaired the National Character of State institutions.

The present regime restructured State institutions in a way, which entrenched partisan privilege.

It is necessary to recognize these defects, and to restructure the institutions of State in a balanced way to establish their National Character.

In addition to the historic defects of the civil service, it has recently been bloated and politicized in the interest of one party. It should be restructured on the following basis: -

· To balance its composition to make it a realistic reflection of Sudan’s demographic composition.

· To enable it to accommodate the requirements of Federalism, and the requirements of indirect rule in pastoral and rural areas.

Namely, the Armed forces the police, the security apparatus, prisons, and the protectors of wild life. The functions of these forces should be ear marked and legally separated to prevent any confusion of their functions.

The Armed Forces have been most exposed to political manipulation, which down-graded it, and used it in the name of various false slogans to destroy the Nation.

FIRST: It should have high discipline and efficiency. Its basic frame should be capable of expansion to face any defense requirements along the Swiss model.

SECOND: A compulsory National service would be required to provide the human resources needed for the country’s security.

Fourth: The entrenchment of military commitment to the democratic system, to its defense function, and to obey the command of the elected Government.

FIFTH: The complete insulation of the armed forces from party political influences and from the requirements of internal security.

SIXTH: The regulation of economic, commercial, and cooperative activities within the armed forces.

SEVENTH: The regulation of all the disciplined forces to avoid overlapping and encroachments.

EIGHTH: Balanced composition of the armed forces to reflect the reality of the country’s demographic composition.

NINETH: Police and prosecution functions to be confined to the police and the public prosecution institution.

Economic Development in Sudan suffered from certain defects, particularly, the distribution of development opportunities in favor of certain regions, and the bias against the traditional sector.

During the periods of military despotism, ill-advised ideological considerations have been imposed on the economy corrupting it and destroying its viability. The following measures need to be implemented: -

The establishment of a disciplined financial system: to curtail the military and security expenditure required by the totalitarian system.

A similar measure is needed to curtail the bloated civilian expenditure associated with unnecessary administrative expenditure. On the revenue side, a tax reform is required to rationalize the tax-system and do away with double taxation. In both cases of revenue and expenditure, it is necessary to ear mark central and regional finances.

· Reform of the Banking system to enable the central Bank impose Banking discipline. The implementation of monetary policies required to cut down the volume of money and among other polices, restore the value of the National currency.

· The rehabilitation of agricultural schemes, industrial plants, and public utilities and the provision of the necessary in-puts.

· The borrowing of a regime, which lacks the legality and legitimacy to represent the people, formed the external debt. The sums of money involved were unwisely spent. Therefore it should be forgiven.

· Rehabilitation and reconstruction of the war torn areas. There needs to be a strong National commitment to Economic Development. The economic policies leading up to it, involve the State’s role in the construction of the material and social infrastructure, and the establishment of a free market economy, along with measures to protect the most vulnerable groups.

- The establishment of the rule of law, the protection of private property, and enforcement of contractual obligations.

- The pursuit of macro-economic polices which encourage investment, enhance productivity, enforce financial and monetary discipline, regulate commercial activities, and raise the level of economic activity.

- Development of the material infrastructure in the fields of transport, communication, and energy.

- Protection of the most vulnerable sections of society in terms of free health care and education.

- Pursue policies, which benefit from Globalization, and protect the National economy from its adverse effects.

The development experiences in East Asian countries proved the falsehood of a previously held belief that development requires, in its initial phase, neglect of expenditure on social services. On the contrary, expenditure on education and health is investment in human capital and is vital for development.

Several conferences have analyzed these matters, their recommendations should be considered. It is necessary to hold National conferences on education and Health to study and recommend.

These recommendations should be put before A National commission on education, and a National commission on Health authorized to effect radical reforms in their respective fields.

Sudan’s natural environment has suffered soil erosion and desertification at a grand scale. A National conference on the environment and the country’s natural wealth should be convened to study the situation and decide upon the necessary reforms. A national commission to apply these reforms should be set up.

The three National commissions on education, health, and the environment should be put under the supervision of the country’s supreme executive power.

FIFTH SECTION: Self-determination

The country’s political forces have agreed upon self-determination for the following reasons: -

(A) Sudan is a multi-cultural country. The cultural and ethnic gulf between North and South is profound and conspicuous.

(B) The Juba conference of 1947 decided that the Sudan should develop into one Nation/State.

Southern representation in that conference was inadequate. Many Southerners have questioned the legitimacy of the Juba conference.

(C) The 1958 coup d`etat suspended the process of constitution making and as it put off considering federation, which was the condition made by Southern politicians for accepting unity after independence.

(D) The long lasting civil war created a gulf of bitterness and distrust which make it impossible to take continued unity for granted. Confidence in unity has to be renewed within a choice of other alternatives.

Some Sudanese territories, particularly in the South are de facto separated from the present Sudanese State.

Self-determination is a means to restore unity or legalize the present situation.

· If self-determination is carried out when the Sudan is governed by a Sudanese State, which applies a monocultural program, a partisan Islamic Arabic cultural identity, it would lead to separation and the emergence of two hostile States.

· If self-determination is carried out under different circumstances, namely, after a transition period during which the State guarantees the equality of citizens, religious freedom for all, A cultural plurality, balanced political participation, and just distribution of wealth and social services, its probable result would favor unity.

The ASMARA Resolutions of 1995 decreed that self-determination for the South should be carried out within the 1956 boarders.

There are certain measures concerning The Nuba and INGSANA Mountains and the District of ABYEY. The measures require the implementation of certain reforms and ascertaining the choice of their inhabitants regarding their political and administrative future.

· ABYEY is inhabited mostly by peoples from DINKA tribe. The district itself is claimed by the MISSERIA Arab tribe, which maintains that they have hosted the DINKA after an incident in the past. The claims and counter claims involved cannot be settled by any mutually agreed objective criteria. They cannot and should not be settled by force. The only possible alternative is seek a negotiated settlement.

· There are some Arab settlements South of the 1956 Southern boarders and seasonal Arab tribal movements for pasture. Such people may claim the right to determine their future. Such settlements and seasonal movements have been taken into consideration by all previous administrations, leading to the existence traditional tribal boundaries distinct from the administrative boundaries.

These problems should be negotiated on an objective and realistic base and settled to prevent the emergence of future wars and to create stability.

It is not possible to base legitimacy in Sudan upon loyalty to a historic family, nor upon allegiance to a Regime established by a certain ideology and brought to power by coup d`etat or “Revolution”. The positions of Sudan’s dynasties and Regimes set up by coup d`etat or “Revolution” are controversial.

There are only two remaining bases upon which to build the Sudanese Nation/State: overwhelming power, or Democratic legitimacy.

The establishment of the Nation/State in Sudan on the basis of overwhelming power is not right, not possible and not desirable. It goes against the nature of Sudanese Society, and contradicts current International principles and values. Our only viable alternative is to base government legitimacy in Sudan upon Democracy. It best suits the aspirations of the peoples of Sudan, and best agrees with the spirit of the Age.

Three factors must be taken into consideration towards the establishment of the New Democratic Sudanese State, namely:

FIRST: The lessons of Democratic experiences in Sudan and elsewhere must be well learnt so as not to reproduce the crisis of government, and to produce sustainable Democracy.

SECOND: Certain aspects are ascriptive they are religious, ethnic, and cultural identities. Issues concerning them cannot be settled on the basis of numerical majorities. Their affairs must be based on amicable balances.

THIRD: Sudan’s demographic diversity and its large landmass require a decentralized system of Government and Administration. A genuine federal relation between center and regions should be established.

(B) Endowed with a strong elected executive power to lead the vital duties required by the country’s conditions, to balance the extensive regional powers, and to symbolize the country’s unity.

Endowed with an elected legislative body, which truly represents the reality of the country’s political, social, and cultural spectrum.

(C) To guarantee Human Rights, and Basic freedoms and regulate the exercise of basic freedoms in ways and means which distinguish between freedom and chaos.

(D) To regulate the organization and registration of political parties so as to ensure that they are National, Democratic institutions not confined to an exclusive religious, cultural, ethnic, or regional identity.

(E) The organization of free Trade unions regulated to ensure wide member participation, democratic composition, and consistency with I.L.O. standards.

Over and above that, Trade union legislation would ensure efficiency and discipline to guard against their exploitation for the purposes of civil coup making.

(G) The establishment of a strong security apparatus to protect the democratic State against internal and external subversion.

(H) Extensive measures based on Sudan’s, and other similar experiences, to protect the democratic system from military coups d`etat.

THE FEDERAL STATE

Sudan’s experiments with decentralization have so far failed because the regional units have been financially disabled.

· The establishment of a federal system for the government and administration of the Sudan.

· The number and boundaries of the regional units (States) should be decided upon rational, objective, criteria.

· The country’s natural resources are National property. However, due to certain circumstances, the greater percentage of it will be allocated to the regions concerned.

FIRST: The drive towards Globalization fueled by technological and economic forces.

SECOND: The emergence world wide of regional formations to ensure the realization of common interests.

THIRD: The trend of cultural assertion to protect cultural and civilizational identity from erosion and marginalization.

Sudan’s international relations will be influenced by these factors. There are three sections in this respect:

Geopolitical Considerations connect Sudan to the Nile Basin States vertically, and to the countries of the Savannah Belt horizontally. Sudan is the link between these geopolitical entities and should seek to establish geopolitical formation, which serves the common interests of its geopolitical neighborhood.

Certain geopolitical interests link Sudan with some of its North Africa and Horn of Africa neighbors. They call for a degree of Developmental and Security integration.

Sudan’s membership in some regional organizations, like the Arab league, and the organization of the Islamic conference, could be disputed by some Sudanese National groups. There are two choices to resolve such differences: -

(1) To continue Sudan’s membership in these organizations, and to admit Sudan to membership of other regional and/or international organizations favored by the aggrieved groups.

(2) To decentralize the issue of membership in regional and international bodies which have a cultural content. This should be reconciled with Sudan’s role as a link between sub-Saharan and sur-Saharan Africa, which are separated by the Desert and connected by the Nile.

The Development of Sudan and the maintenance of its security necessitates a healthy relationship with the International community. Sudan will be committed to International legitimacy and make a clear break with any contrary activity.

2. The technical aspects the peace Agreement, namely, cease-fire, the integration of the armed groups, the voluntary resettlement of refugees and displaced persons.