PRINCIPLES FOR A COMPREHENSIVE POLITICAL AGREEMENT:

Literature 

ITS TWO PILLARS:

 A JUST PACE, AND DEMOCRATIC LEGITIMACY

Four developments have made it possible to look forward towards a negotiated Political Agreement, which would put an end to the Civil War, and to end the internal political conflict. Such an outcome is not only possible, but in the circumstances, it has become a National and Humanitarian imperative. They are:

(a) A marked recession of ideological and partisan extremism.

(b) The on set of war fatigue, the exchanges of oppression and violence have reached a point of saturation.

(c) Differences over the possibility of an internationally imposed solution over the heads of the Sudanese Parties.

(d) The need to avoid the possibility of an internationally imposed  solution over the heads of the Sudanese Parties.

Principles for a Just Peace:

One of step to approach this crisis of distrust is a clear recognition of the mistakes of the past, a clear commitment to correct them, and a specific mechanism to implement the Agreement reached.  The principles for a just peace are:

I. Religion and State:

(a) The Sudanese State is a civil Democratic Federal state.

)b) Citizenship is the basis of Constitutional rights and duties.

(c) The people of the Sudan are faithful people. The majority are Moslems. Others are Christian and there are believers in African creeds.

(d) Religious freedom for all will be guaranteed. The different religious communities are free to exercise their beliefs without hindrance, provided they abide by equality in citizenship, and respect the right of other creeds and cultural.

2. Cultural Plurality

Sudan hosts a people with cultural and ethnic plurality. There Should be mutual recognition and respect between them. A cultural Charter will guarantee peaceful co-existence between them, and ensure their educational and media expression.

The charter will recognize the regional languages and dialects, and recognize Arabic as the National Language, English ad the county's International Language.

3.  Development and the National Wealth

Development through the mechanism of the Free Market is a National commitment. The following social aims will inform the development effort: The balance regional distribution of wealth, social services, investment opportunities, and social justice between the different classes.

4. Decentralization of Government and Administration

The Sudan shall be government in a decentralized system. The special case of the South will be recognized. Central power will be confined to: Sovereignty, Defense, Foreign Affairs. The development plan. The Currency, and National planning. The decentralized power shall be specified in the constitution and laws.

5. Restructuring of the State Institutions:

To comply with decentralization and cultural plurality, the institutions of the State will be restructured.

6.The Legal System:

(a) The sources of legislation are; Islam, the Heavenly religions, the National cultures, Internationally recognized Human Rights and Basic Freedoms.

(b) Laws intended to' be nationally applicable will be based upon sources acceptable to all.

(c ) Laws specific to any community could draw upon sources acceptable to it.

7 .The Period of Transition; Cease-fire will be made permanent though a just Peace Agreement.

The Peace Agreement will be followed by a four years Transition Period during which the respective political groups will participate in a National Government bound to uproot the causes of the Civil War and to blot out its effects. During the period of Transition, the principle of the Peace Agreement will be implemented. At the end of the Transition period, the plebiscite, which could confirm the voluntary unity, will be held.

8. The Constitutional Guarantee:

Being included in the Democratic Constitution will protect the Peace Agreement. This gives it popular constitutional protection.

9 .International Relations:

Sudan shares boarders with the Countries of the Nile Basin. The Sudan constitutes a link between them. The Demographic and geo-political composition of Sudan makes it a microcosm of the whole Continent.

Sudan's regional and international relations should be its Nile Basin and African Continental roles as well as by its cultural links.

10. The Negotiating Mechanisms:

In the recent past, the polices of the current regime in Sudan have widened the gulf of distrust between the conflicting parties. This necessitated external mediation. However, two recent developments encouraged the sprouting of internal initiatives. They are:

(a) The narrowing of differences over many issues weakened the forces of distrust.

( b) The margin of freedoms inside the Sudan encouraged National Sudanese groups to join the search for a Comprehensive Political Agreement.

There is now more than one internal initiative. They have similar aims. They could co-ordinate their efforts; establish contact with all the parties to accept a Declaration of Principles for a Comprehensive Political Agreement. This internal Sudanese effort would compliment the Regional and International efforts.

( c ) The internal initiatives would help in reaching the Declaration of Principles for a Comprehensive Agreement.

(d) The regional participants would organize the All Party Negotiating Forum. This could be organized by the states of the joint Initiative.

Egypt and Libya, the IGAD States, and influential African States like Nigeria and South Africa. And Algeria. The International participants, the IGAD PARTNERS and could be observes.  A regional, and international role would assure the conflicting parties about fairness and implementation of Agreement, as well as inviting their participation in the effort to eliminate the effects of war and the country's Reconstruction and Development.

 Constitutional Democratic Legitimacy

In its modern history, Government in Sudan has taken turns between fragile elected Government, which guaranteed Human Rights and Basic Freedoms, but weakened by failure to accommodate realities. And Totalitarian Systems, which governed with, discipline at the cost of Human Rights and Basic Freedoms. The country now looks up to a Constitution whose legitimacy will be endorsed by its political forces. A constitution, which will guarantee Human Rights and Basic Freedom, establish and preserve balance between Religious Freedom, and Citizenship equality .A constitutional, maintaining a balance between stability and Basic Freedoms. The Draft Constitution of 1998 by the National Commission under KHALAF ALLAH EL RASHEED is an acceptable draft for the future Constitution. The draft should be revised to ensure its compliance with the country's democratic aspirations upon the following guidelines: -

I. It is agreed that citizenship shall be the basis of Constitutional Rights and duties. The draft should be revised to any item, which contradicts this principle.

2. The following principles are the required democratic principle:

a) Separation of Powers

b) Supremacy of law.

c) Guarantee of Universal 'Human Rights-

d) Basic Freedom.

e) Independence of the judiciary.

The draft should be revised to ensure compliance with these principles.

3. The autonomy of Universities, and centers of research and the Election Commission should be guaranteed.

4. The Constitutional and Law would state:

a) The National character of the disciplined forces.

b) The National character of the Civil Service.

c) The National character of the Economy.

All items contradicting these will be nullified.

5. Democratic Government requires a strong system for Internal and External security to protect National Security. This should be established by the Constitution and detailed by legislation.

However, the security institutions should be gather and analyze information, but have no executive powers.

6. The outgoing period has witnessed man transgressions. A mechanism to establish the truth about them should be set up. A judicial mechanism should be set up to take account of Criminal and Civil injustices.

Many people list their jobs for no objective reasons. Their rights in the civil and disciplined services should be restored. Appointments to the public service should abide by citizenship equality.

7. The country's present laws should be reviewed to ensure compliance with these principles.

8. A transition Government will be agreed t& administer the country, to oversee agreement upon the constitution, to implement the Peace Agreement, and to carry the country to the free and fair General Elections.

9. The Peace Agreement will be part and parcel of the constitution.

June 2001

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