Sudan Peace Conference

An Initiative for Just & Comprehensive Peace and Complete Democratic Transformation

11th July 2012

The National Umma Party- Sudan

Introduction

Now Sudan is at cross roads and is experiencing it is worst days in history that may threaten to undermine its very existence. Deterioration at every level has reached unprecedented peaks. To make the matters worse, there are a range of formidable issues that have yet to be resolved.

The South has gone its own way but left behind a legacy of deep antagonism that culminated in bloody confrontations between the two Sudans. In the Nuba Mountains, Blue Nile and Abyei tensions and conflicts are simmering high. On the Darfur theatre, the tragedy is still on-going and the prospects for durable peace seem painfully elusive. Past and present agreements have failed to bring about any inclusive political settlement that is responsive to the legitimate aspirations of the Darfuri People.

The ramifications of the war in Darfur are many – the disintegration of the social fabric, the proliferation of small arms, the dominance of the culture of violence and the prevailing insecurity and instability– to mention just a few.

On the economic front, the country is now grappling with extraordinary economic pressures created by the loss of oil revenues following the cessation of South Sudan and the collapse of the productive industrial and agricultural projects.

These catastrophic realities are unfolding in the midst of a feverish political polarization among the constituencies of the Sudanese community exacerbated by a parallel polarization on the issues of liberties, democratic transformation and the drafting of the constitution.

All these woes are unravelling while foreign presence and the strained relations with the international community are hardly ignorable and may provide good reason for the international community to consider the option of imposing foreign solutions on the country.

In view of this grim landscape, various visions and approaches were presented by numerous Sudanese constituencies to evade a situation that is quickly spiralling towards a disaster.

Ironically, some quarters within the government camp callously advocate for maintaining the status quo and allow only for expedient and cosmetic reforms while others are fully aware of the gravity of the situation and insist on radical and genuine reforms.

At the grassroots level, many people feel utterly frustrated and lost any hope for positive change through civil activism. Driven by despair, they opted for military action to bring the government down. On the other hand, some people strongly believe that civil uprising and disobedience similar to the uprisings of 1964 and 1985 and, more recently, the Arab Spring that had seen the ouster of the Egyptian and Tunisian regimes, are effective tools to bring about the desired change. However divergent they may be, they all agree that regime change in Sudan is necessary and inevitable.

In fact, the national forces have been ringing the alarm bell and warned of these potential scenarios for a long time. They continue, over the past two decades, to reiterate that political exclusion, monopoly of power and wealth, disruption of development, the cultural tyranny and partisan solutions will only lead to the disintegration of the country and open the door wide for foreign intervention. A telling example is the Security Council resolution (2046) that threatens to impose whatever solutions necessary if the parties fail to resolve their post-cessation differences.

In view of the above and given the vulnerability of the country and the fragility of its social fabric, the destructive spread of arms at the hands of tribal or political armed groups as well as the government forces, paramilitary forces and tribal militias, the best approach to achieve a peaceful transit is the national consensus between and among the different actors. This could be materialized by a round-table conference similar to the CODESSA Meeting in South Africa and to be inclusive of all the Sudanese stakeholders both from the government and the opposition sides.

Such pre-emptive approach will save the country from the inevitable disastrous consequences of disintegration and all-inclusive wars. Moreover, it sets the foundation for a clear roadmap to guide Sudan during the interim period to avoid the pitfalls that bedevilled the countries that witnessed violent transformations.

Undeniably, the current situation calls for radical changes in policies, structures and institutions to deliver nationally consensual and acceptable alternatives.

  1. The Constitution
  2. The Relationship with South Sudan
  3. The pending issues

-  Oil

-  The Borders

-  The River Nile Water

-  Other issues

  1. The Three Areas

-  Abyei

-  The Nuba Mountains and South Kordofan State

-  Blue Nile

  1. Darfur
  2. The Economy
  3. Foreign Relations
  4. The Inclusiveness of the State Institutions

- Civil Service

- The Regular Forces

9. Annexes

·  The Religious Charter

·  The Cultural Charter

·  The Woman Charter

·  The Military Charter

·  The Press Charter

1. The Constitution

The Constitution-making Process

The constitution has to be drafted within a framework of an inclusive and participatory national dialogue that reflects the diversity of Sudan.

×  The national dialogue has to be conducted in a free and democratic atmosphere so that all the people can express their views freely and openly.

×  Such dialogue has to be organized and managed by a consensual national mechanism.

×  A technical committee has to be appointed and charged with the constitution-making process.

×  The draft constitution should be reviewed and approved by a freely elected national assembly. Until such time, the interim period shall be governed by a constitutional declaration.

The Constitutional Principles

  1. Sudan is a civil federal State that treats its citizens with equality since all citizens are equal in the eyes of the State. The people are the only source of any and all government authorities and citizenship is considered the basis for citizens’ rights and responsibilities.
  2. The governance system should be established on the principles of participation, accountability, transparency, the rule of law and the separation of executive, judicial and legislative powers.
  3. The constitution must include a human right bill that observes and encompasses all international human rights covenants and agreements.
  4. The establishment of the Social Welfare State.
  5. The division of political, administrative and financial powers between the federal government and the states.
  6. Reinstatement of the six regions system and the removal of the administrative redundancy at the state and locality levels.
  7. Recognition of the rights of the three areas – Abyei, South Kordofan and Blue Nile and the legitimate rights of their citizens.
  8. The establishment of special relationship with South Sudan.
  9. The Presidency has to include representative from all regions of Sudan.
  10. Legislations within the presidency shall be assumed by a democratically elected body and no legislation shall become a binding law unless and until ratified by the said body.
  11. The recognition of religious, ethnic and cultural diversity shall be treated an indivisible part of the commitment to human rights and must be consolidated by the religious and cultural charters (both charters are attached herein).
  12. Islam is a fundamental component of Sudan cultural identity. Any call for the exclusion of Islam from public life is at best futile and may lead to adverse consequences, at worst. However, the practice and application of Islam shall not in any way undermine the rights of the followers of other beliefs and faiths from their enjoying the religious and civil rights and shall not in any way prejudice equality between all citizens.
  13. Supremacy and applicability of the laws to all individuals. The laws of the State must be derived from civil sources. However, religious laws shall apply only to the followers of their respective faiths.
  14. Respect for all religions and beliefs and the condemnation of religious and ethnic profiling and intolerance.
  15. .Inclusivity and neutrality of the State institutions and the promotion of balanced participation for all citizens.
  16. No legislation that contravenes religious freedoms, human rights shall be promulgated since these are unalienable rights enshrined in, and protected by, the constitution.
  17. Independence of the judiciary – administratively and financially. The decisions of the judiciary shall be final and indisputable. No exceptional tribunals or special prosecution offices with judiciary powers shall be established. The judiciary structures and its staff shall be periodically reviewed and scrutinized to ensure neutrality and professionalism
  18. Independence of the higher education institutions and the freedom of scientific research.
  19. The armed forces are an important arm for the elected executive power. The role of the armed forced must be determined by a binding military charter articulated in the constitution and detailed by the law (the military charter is attached herein).
  20. The internal and external security organs are indispensable guards for the integrity of the country and its citizens.
  21. The legitimate rights of Darfur’s people and the right of other states to a similar status.
  22. Respect for women rights and the need to protect and enable them (the women charter is attached herein).
  23. The Inclusivity of the State-owned media.

2. The Special Relationship with South Sudan

The signing of twining (partnership) agreement between Sudan and South Sudan on the following bases:

  1. Mutual recognition and rebuilding of confidence between the two States.
  2. Appointment of a panel of elders to be tasked with the resolution of the pending issues.
  3. Economic twining that addresses

·  Development of the infrastructure on the basis of integration in the field of transports, communications, monetary and development policies and water projects.

·  Cross borders access between the two States to ensure the unfettered movement of individuals, cattle and goods and the establishment of appropriate administrative and security body to maintain order and security.

  1. The signing of an oil deal on the following bases

·  The ownership of oil fields and oil facilities shall vest into the interest of the country that owns the territory where the fields and facilities are located.

·  The revenues of the oil fields in oil-producing border territories have to be divided equally between the two countries.

·  A holding company has to be established with contributions from both States based on their share in oil and facilities. The proposed company shall acquire the contracts and utilize the business relations and has the right to explore and export the produced oil.

·  The countries should settle their oil dispute and reach an agreed basis for exporting South Sudan’s crude oil via Sudan. Should they fail to reach an agreement for oil transportation fees, the matter has to be referred to International Court of Justice and its decision shall be final and binding.

  1. Nationality

1.  Southern Sudanese residing in the North are entitled to dual nationality and the same applies to Northern Sudanese residing in the South.

2.  The right of citizens of both countries to the four freedoms.

  1. Commitment of both countries to a security system that guarantees: friendly relations between the two States, both countries have to avoid meddling into each other’s internal affairs, coordination in security matters and joint defence against external aggressions.
  2. Establishment of a joint mechanist between the two countries at all levels for cooperation and coordination.

3. The Pending Issues ( issues pending between the two Sudans)

Oil

It is necessary to underline the importance of cooperation and integration between the two countries in oil industry and the need to develop it or, at least, to come up with a formula that realizes the interests of the two countries and paves the way for their future integration.

Elaborate Proposals vis-à-vis the Oil Deal

The two governments failed to agree on financial arrangement for crude oil treatment services, transport, storage, transit and uploading fees.

To address this issue, the Umma National Party has appointed a national panel of experts in oil industry. They came up with objective proposals that were applauded by the party and intends to submit them in an attempt to resolve the outstanding difference. Below you will find a brief description that may help to explain how the panel devised such proposals:

Oil Fees – these are the direct costs incurred in respect of the services rendered by Sudan to South Sudan oil industry. These services include:

  1. Crude oil treatment processes and facilities: these include the entire processing facilities and operations including oil separation units as first stage of oil treatment, water dehydration, chemical, electrostatic, heat treatment, oil sedimentation. The central processing facilities are stationed in Hejlig for Nile crude oil and in al Jabalain for Dar crude oil.

After treatment, the crude oil is transported to storage units as the final stage in oil handling and pumping to the pipelines for export.

All these processes are direct services that must be paid for.

  1. Transport pipelines: there are two pipelines connecting the oil processing facilities to the Port Sudan marine terminal.

South Sudan has to pay to the government of Sudan the necessary oil transportation fees in accordance with the international tariffs.

As said earlier, the COPA Agreement determined oil transportation in the ranges of US$ 6 to US$ 12 per barrel.

  1. Exporting Ports: equipped with storage tanks with storage capacity of more than 30 million barrels at a time. These are located in Bashaer (1) and Bashaer (2). Users of these facilities have to pay the necessary fees to the government of Sudan.

Oil Loading Platforms: the storage tanks in Bashaer (1) and Bashaer (2) are connected with a pipeline to the high sea for loading the vessels. The terminal is designed to export between 600,000 to 1.6 million bop.

Summary:

The government of South Sudan has an obligation to pay the necessary fees to these direct services which include:

a-  Oil transportation fees: to be paid according to the standards determined by COPA Agreement (US$ 6 – 12 per barrel) depending on the price of crude oil in the international markets. However, we believe that (US$ 7.5 – 9.5 per barrel) is a reasonable amount.

b-  Processing fees: these include the entire processing facilities and operations including oil separation units as first stage of oil treatment, water dehydration, chemical, electrostatic, heat treatment, oil sedimentation. We believe the reasonable cost is (US$ 0.8 – 1.2 per barrel).

c-  Storage fees: including fees of the tanks, hoses, onshore terminals. The cost estimate is (US$ 0.30 – 0.60 per barrel) is quite appropriate.