Tuesday, August 06, 2019

Sudan constitutional declaration: What does it say?

COPY OF TWO TWEETS

Sudan agreement met & initialled today. 
17/8 Final Agrmnt & sign. 
18/8 Sovereign Council Anncmnt, 
20/8 PM Appointment
28/8 Cabinet Form, 
1/9, first meet of PM’s Office. 
Still unclear on some powers...
Agrmnt draft: 
7:11 am - 4 Aug 2019 
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Arabic version of Sudan constitutional declaration can be viewed here:
نص الاتفاق الدستوري بين المجلس الدستوري وقوى إعلان الحرية والتغيير
4:50 am - 4 Aug 2019
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Article from Al Jazeera English
Dated Sunday 4 August 2019
What does Sudan's constitutional declaration say?

Hundreds of people have taken to the streets of Sudan's capital, Khartoum, chanting revolutionary songs and waving national flags after the country's military rulers and opposition coalition signed a hard-won constitutional declaration.

The document, initialled on Sunday, paves the way for a transition to civilian rule following the toppling of long-time President Omar al-Bashir in April. 

It sets the shape of an interim government that will govern Sudan for a transitional period of three years until elections are held. 

Envoys from the African Union and Ethiopia brokered the talks that resulted in the constitutional declaration. Negotiations between the ruling Transitional Military Council (TMC) and the Forces for Freedom and Change coalition stalled repeatedly amid deadly violence against protesters who kept up demonstrations demanding civilian rule. 

A formal signing of the document will take place in front of foreign dignitaries on August 17.

The following day, the generals and protest leaders are expected to announce the composition of the Sovereign Council which will replace the TMC.   
Here is what the new agreement entails:
  • The transitional period will last for 36 months from the day of the signing of the constitutional declaration. 
  • There will be a Sovereign Council, which will oversee the creation of a Council of Ministers, and a Legislative Council.
  • The Sovereign Council is an 11-member governing body, which will rule the country for just over three years. The body will be composed of five military personnel chosen by the TMC and five civilians selected by the FFC. The 11th member will be a civilian chosen by consensus between the two parties.
  • The Sovereign Council will be headed by a military general during the first 21 months, followed by a civilian for the remaining 18 months.
  • The FFC will appoint the prime minister.
  • The prime minister will name a cabinet of 20 ministers from a list of nominees presented by the FFC, excluding the interior and defence ministers. The latter pair will be appointed by the military members on the Sovereign Council. 
  • Legal action cannot be taken against members of the three councils without permission from the Legislative Council. The decision to lift immunity would require the approval of a majority of legislators. 
  • The Legislative Council will be independent. Its members cannot exceed 300 people, and at least 40 percent of the seats will be reserved for women
  • The FFC will appoint 67 percent of the Legislative Council's members, while other political groups that are not associated with al-Bashir will select the rest. 
  • Sudan's armed forces and its rapid paramilitary Rapid Support Forces will be led by the commander of the armed forces, who is also the head of the Sovereign Council.
  • The Council of Ministers may ask the Sovereign Council to announce a state of national emergency if the unity and safety of the country is at risk. Such a request must be presented to the Legislative Council within 15 days, and will become invalid if the assembly fails to approve it. 
  • New policies will be developed over the next six months in consultation with armed groups in various regions of the country to achieve comprehensive and lasting peace. 
The constitutional declaration also contains a chapter on rights and freedoms for Sudanese citizens. It says:
  • Everyone is equal before the law
  • No one shall be arbitrarily arrested unless for reasons stipulated by law
  • No one shall be subject to torture, humiliation, or ill treatment
  • The state will protect the social, civil, political, cultural, and economic rights of women, which shall be equal to those of men
  • Everyone has the right to a fair trial; the accused is innocent until proven guilty in accordance with the law
  • Every citizen has the right to express themselves freely without limitations, and has the right to receive or publish information and access the media in accordance with the law
  • Every citizen has the right to access the Internet in accordance with the law
  • Everyone has the right to peaceful assembly and the right to create and/or join political parties, NGOs, syndicates, and professional unions 
  • https://www.msn.com/en-us/news/world/what-does-sudans-constitutional-declaration-say/ar-AAFkFF7

S. Sudan: No confirmed Ebola case

Article from Middle East Monitor.com
Date: 26 July 2019 at 8:00 pm
South Sudan: No confirmed Ebola case
Photo: Personnel from Combined Joint Task Force-Horn of Africa (CJTF-HOA) and the Kamenge Military Hospital practice doffing hazardous material suits at the Kamenge Military Hospital, Bujumbura, Burundi, June 20, 2019. [U.S. Navy photo/Nick Scott]

South Sudan is free from Ebola after reports of a suspected case early this week which has caused panic among citizens of the African country, the deputy information minister said Friday, Anadolu reported.

“Health Minister Dr Riek Gai Kok has announced in today’s cabinet meeting that there is no Ebola case in South Sudan so citizens should not panic,” Lily Albino Akol said.

“There is no confirmed Ebola case in the country. Early this week there was a scare whereby a patient has shown symptoms related to Ebola, including bleeding, and people thought that it might be Ebola,” she said.

”However, the preliminary results from the laboratory tests on the Ebola case in Juba have proven that the patient does not have the virus,” Akol told journalists after the cabinet meeting.

Akol said that the health minister had announced South Sudan is Ebola free and they will continue monitoring the bordering areas.

After a 40-year-old woman was reported to have shown Ebola-like symptoms, she was quarantined after the police informed the Ministry of Health of her condition on Wednesday.

The woman, who was moved to a special care unit in Juba, was immediately taken for laboratory tests, where the results were declared negative.

According to Dr. Riek Gai, more samples have been sent to Uganda for further verification.

“In case of any abnormal illness, they should inform a nearby health authority or even the police, or call the hotline that we have established,” Dr Gai said.

South Sudan has established four observatory centres across the country, and deployed health personnel along the borders and in various states.

TMC, FFC initial amended constitutional declaration in Khartoum Sudan on Sunday 04 August 2019

Article from Gulf News
Written by Agence France-Presse (AFP)
Dated Sunday, 04 August 2019 15:28
Sudan generals, protest camp sign accord on road to civilian rule

A formal signing in front of foreign dignitaries is due to take place on August 17
General Mohamed Hamdan Daglo (R), Sudan's deputy head of the Transitional Military Council, and Protest leader Ahmed Rabie shake hands after signing the constitutional declaration at a ceremony attended by African Union and Ethiopian mediators in the capital Khartoum on August 4, 2019 AFP

Khartoum: Sudan’s army rulers and protest leaders Sunday signed a hard-won constitutional declaration that paves the way for a promised transition to civilian rule following more than seven months of often deadly street rallies.

The agreement, signed at a ceremony in Khartoum, builds on a landmark July 17 power-sharing deal and provides for a joint civilian-military ruling body to oversee the formation of a transitional civilian government and parliament to govern for a three-year transition period.

Protest movement leader Ahmed Rabie and the deputy head of the ruling military council, General Mohamed Hamdan Daglo, signed the declaration at the ceremony attended by African Union and Ethiopian mediators.

“We turned a tough page of Sudan’s history by signing this agreement,” Daglo, who flashed a victory sign after making a short speech, told reporters.
Both sides flashed victory signs.
Image Credit: AFP

The signing was met by a wave of applause in the hall as representatives from both sides shook hands.

Overnight, thousands of jubilant Sudanese already took to the streets of the capital to celebrate when the deal was announced before dawn.

A formal signing in front of foreign dignitaries is due to take place on August 17 - the date on which ousted president Omar al-Bashir is due to go on trial on corruption charges - another protest leader, Monzer Abu al-Maali, told AFP.

The next day, the generals and protest leaders are expected to announce the composition of the new transitional civilian-majority ruling council, he said.

“Members of the ruling sovereign council will be announced on August 18, the prime minister will be named on August 20 and cabinet members on August 28,” Abu al-Maali told AFP.

Sunday’s accord was the result of difficult negotiations between the leaders of mass protests which erupted last December against Bashir’s three-decade rule and the generals who eventually ousted him in April.

Demonstrators hail ‘victory’

The talks had been repeatedly interrupted by deadly violence against demonstrators who have kept up rallies to press for civilian rule.

They were suspended for weeks after men in military uniform broke up a long-running protest camp outside army headquarters in Khartoum on June 3, killing at least 127 people according to doctors close to the protest movement.

They were briefly suspended again earlier this week when paramilitaries shot dead six demonstrators in the city of Al-Obeid, four of them schoolchildren.

On Saturday, the Arab League welcomed the agreement saying the signing of the constitutional declaration “would launch a new and important phase in line with the Sudanese people’s aspirations”.
General Mohamed Hamdan Daglo (R), Sudan's deputy head of the Transitional Military Council, and Protest leader Ahmed Rabie sign the constitutional declaration at a ceremony attended by African Union and Ethiopian mediators in the capital Khartoum on August 4, 2019. Sudan's army rulers and protest leaders today inked a hard-won constitutional declaration, paving the way for a promised transition to civilian rule. The agreement, signed during a ceremony witnessed by AFP, builds on a landmark power-sharing deal signed on July 17 and provides for a joint civilian-military ruling body to oversee the formation of a transitional civilian government and parliament to govern for a three-year transition period. / AFP / ASHRAF SHAZLY Image Credit: AFP

Sudan’s army ruler Abdel Fattah al-Burhan lauded the “long-awaited deal” in an interview on Saudi broadcaster Al-Hadath.

Demonstrators among the crowds that took to the streets in the early hours hailed victory in their struggle for a new Sudan.

“For us, the revolution succeeded now and our country set foot on the road towards civilian rule,” said 25-year-old Ahmed Ibrahim as he joined the cavalcade of vehicles that criss-crossed the streets of Khartoum, horns blazing.

Fellow protester Somaiya Sadeq said she hoped there would now be justice for those who had given their lives.

“We have been waiting for a civilian state to seek fair retribution from the murderers of our sons,” she told AFP.

Doctors linked to the protest umbrella group, the Alliance for Freedom and Change, say a total of more than 250 people have been killed in protest-related violence since December.

Protest leaders have blamed much of the violence on the feared paramilitaries of the Rapid Support Forces, who sprang out of the Janjaweed militia notorious for alleged war crimes during the conflict in Darfur.

The military announced on Friday that nine of them had been dismissed and arrested on suspicion of involvement in this week’s fatal shootings in Al-Obeid.

Protest leaders said they had won the military’s agreement that the RSF irregulars would be integrated in the army chain of command.

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(L to R) Ethiopian mediator Mahmoud Drir attends the signing of the constitutional declaration between protest leader Ahmad Rabie and General Mohamed Hamdan Daglo, Sudan's deputy head of the Transitional Military Council, at a ceremony attended by African Union and Ethiopian mediators in the capital Khartoum on August 4, 2019 AFP



General Mohamed Hamdan Daglo, Sudan's deputy head of the Transitional Military Council, celebrates after signing the constitutional declaration with a protest leader, at a ceremony attended by African Union and Ethiopian mediators in the capital Khartoum on August 4, 2019.
CREDIT: The above two photos and captions from http://english.ahram.org.eg/News/342171.aspx

Monday, August 05, 2019

Sudan constitutional declaration amended: TMC, FFC add Addis Ababa text

Article from and by Sudan Tribune
Dated Saturday 03 August 2019
TMC, FFC add text on peace in Sudan to constitutional declaration
August 3, 2019 (KHARTOUM) - The Addis Ababa document on peace agreed between the rebel umbrella Sudanese Revolutionary Front (SRF) and its political allies in the Forces for Freedom and Change (FFC) was officially added to the agreed Constitutional Declaration.

On Friday [02 Aug] the FFC and the TMC finished discussions on the fundamental law facilitating orderly change to a democratic regime during the 39 months transitional period.

Also, they agreed to include the Addis Ababa agreement after redrafting some paragraphs to make it valid for all the armed groups and not only for the SRF factions in a meeting to be held on Saturday [03 Aug].

"The Addis Ababa document was added as an additional chapter to the constitutional document," several sources involved in the finalization meeting, told Sudan Tribune on Saturday evening [03 Aug].

The military council had already welcomed the Addis Ababa text on ways to achieve peace during the interim period and to enable the armed groups to take part in the transitional process that will forge the future of the country.

Now as the text is added, the two parties will initialize the constitutional declaration on Sunday [04 Aug], and the African mediation will determine the date for the signing ceremony.

The inclusion of Addis Ababa text sparked a debate in the corridors of negotiations between the TMC and the opposition FFC Friendship Hall on Friday.

The meeting decided to discuss the document on Saturday, but El-Tom Hajo, head of SRF delegation to Khartoum insisted that the issue be debated on Friday, but his request had been ignored.

Following what, the head of the Sudan People’s Liberation Movement-North (SPLM-N) Malik Akar, announced on Saturday morning that their participation in the celebrations of the agreement between the military junta and the FFC over the transitional periodepends on the inclusion of the Addis Ababa document.

For his part, Gibril Ibrahim the leader of the Justice and Equality Movement and SRF deputy chairman recalled in a tweet on Saturday that the document was signed by all the FFC groups and addresses the root causes of the Sudanese crisis.

The document is the "shortest way" to achieve peace and stability in Sudan, he stressed.

According to the political agreement reached last month, the peace process should top the agenda of the transitional government during the first six months.

The SPLM-N led by Abdel Aziz al-Hilu said ready to discuss peace with the civilian-led government. However, the SLM led by Abdel Wahid al-Nur did not indicate its position until now. (ST)

Sunday, August 04, 2019

UN Envoy Nicholas Haysom: Sudan in deep economic crisis - Fragile transition will need military protection

Note from Sudan Watch Editor: The United Nations Secretary-General's special adviser on Sudan, Nicholas Haysom is interviewed by Asharq Al-Awsat. Below is a copy of the interview. Yellow highlighting is mine.

Note, in the interview Mr Haysom describes Sudan as an Arab country. Also, he explains that Sudan is suspended by the African Union until such time as there is a civilian handover. And that the US Congress passed a resolution maintaining its suspension and sanction against the regime until there is a handover. He says Sudan is in deep economic crisis, so the sooner there is a handover the sooner Sudan can begin to normalise its both diplomatic and economic relations with the rest of the world.

In the interview, Mr Haysom talks about how the UN Security Council suspended recently the withdrawal of UNAMID from Darfur and that there needs to be a discussion with the Sudanese government about the pulldown of UNAMID and the consequences of that pulldown, and the question is who to talk to, given that there is going to be a new civilian led government.

Mr Haysom says the UN took a position early on to support the African Union initiative. He added that the international community wanted to “see a clear commitment: a civilian led authority, but we would recognise that the transition would be a fragile and volatile period, and it will need the military to protect it.” Full interview here below.

Article from Asharq Al-Awsat
Written by ALI BARADA - New York
Date published: Tuesday, 16 July 2019 10:30
Photo: UN envoy Nicholas Haysom (AFP)

UN Envoy to Asharq Al-Awsat: Sudan Transition Will Be Fragile and Need Military Protection

United Nations Secretary-General's special adviser on Sudan, Nicholas Haysom, revealed that the international community has thrown its weight behind the African Union initiative on the transition of power following the ouster of president Omar al-Bashir. 

In exclusive remarks to Asharq Al-Awsat, he said the UN took a position early on to support the initiative. He added that the international community wanted a to “see a clear commitment: a civilian led authority, but we would recognize that the transition would be a fragile and volatile period, and it will need the military to protect it.”

*It seems that the parties in Sudan have made some progress toward settling the situation there after toppling Bashir rule. How do you view this development from a UN perspective?

- The UN took a position early on to support the African Union initiative. The African Union has set a benchmark which was to transfer from military rule to a civilian led authority. It is not quite clear what a civilian led authority means in detail, but of course what is important is that the Sudanese themselves agree on an arrangement that could be suggestive that it has the support of the civilian section of the dispute. It is quite clear from the agreement that there is some kind of partnership or alliance between the civilians and the military. But what is still disputed the exact terms of that partnership. I think from the international community, we would want to see a clear commitment: a civilian led authority, but we would recognize that the transition would be a fragile and volatile period, and it will need the military to protect it. At the same time, we would want to see civilians in charge of the business of governing and some respect for that from the military. How that will exactly play out we’ve yet to see. You may know that they are trying to agree a text as we speak. Hopefully they will finalize that soon to deal with some important issues, such as to how the relationship between the military and the civilians, will the military have a veto over the civilian decisions.

*So you don’t see what they have achieved so far as a breakthrough?

- It is a breakthrough that they reached an agreement. The terms of that agreement once they start to look at it, both sides realize they have different interpretations. So we wouldn’t celebrate it as a done deal until it is a done deal.

*How quickly do you want to see the powers transferred to civilians?

- I think the sooner the better. I must say the international community will feel uneasy dealing and making long term arrangements with the military authority. There is some impatience to see civilian authority in place, so we can begin to deal with some of the important issues which lie ahead. Now let just stress that Sudan is in a deep economic crisis apart from its political challenges. Digging at us is the economic crisis, is a medium to long term endeavor which will require the commitment of the member states, international financial institutions and the neighborhood to put in place a program which will see Sudan’s economic relationship with the rest of the world normalized. As you know, it is listed by the United States as a state sponsoring terrorism, which impacts also its attempts to secure debt relief. These things are all possible: lifting it of the list, securing the debt relief, and there is a considerable good will toward Sudan if it makes progress toward a civilian lead authority…

*How is the UN and yourself helping in achieving these objectives?

- We’ve been confining our support largely to securing international support for the African Union on this issue and its initiative. In other words, we’ve avoided trying to introduce a UN track in addition to the AU track. That would be problematic. 

*We witnessed how the Arab world has extended some support in that direction.

- Yes, there is good will towards the efforts that the Sudanese people, because you know they’ve quite bravely trying to take their destiny in their own hands, and they’ve done that with discipline, and they’ve held six months of absolutely peaceful demonstrations despite provocations, and they’ve done so with considerable courage, and the participation of ordinary people. Look at the pictures, we would see women and children and ordinary people who are taking the streets.

Sudan needs Arab support

*What are your expectations from the Arab states? Sudan is an Arab country beside its African identity.

- There was a delegation from the League of the Arab States in Sudan. They’ve expressed support, and we would count on them to continue their support. We also need the support of the neighborhood which are across the Red sea including the Gulf countries. Bear in mind that Sudan is a poor country as well, and would need financial support not only from the Arab world but also from the rest of the world, but certainly from the Arab countries. Sudan itself certainly has an element of Arab and African identity, surrounded by African countries, and in particularly volatile region, the Horn of Africa. It is boarded by countries in conflict: Somalia, South Sudan, Central African Republic and Libya. If things go badly in Sudan, it would have an impact on the region as a whole, which is already quite fragile.

On the other hand, this is a remarkable opportunity for Sudan, not just to deal with its current political crisis, but also to deal with the problems and the fault lines which have affected it for more than fifty years, to create a new social contract which involves also, as they say in Sudan, not only the river on people but also the periphery and Darfur… So what we are hoping for is not this agreement coming up and trying to sign now, but a much larger agreement which would resolve the issues that the Sudanese face with each other across the regions of Sudan.

*Have you conveyed this message to the Sudanese?

- Yes, to the players, all of them, that this is to be sure a challenge, but also an incredible opportunity that shouldn’t let slip.

*What do you hear from them?

- They recognize that, and I think that both sides have prioritized the broader peace. The armed groups in different parts of the country has a priority facing the transitional government.

*So do you think this is an opportunity to lift Sudan not only from the current crisis but also from its chronic ills?

- Yes, from the chronic crisis that has been there for a long time. Yes.

*What do they have to do?

- I think in the first instance, they have to find a way in which the armed groups can participate in a larger discussion about how Sudan should be managed and governed.

*Is the UN willing and working on helping achieve this goal?

- We’ve been speaking to them, and encouraging people.

*Who did you speak with?

- I spoke recently to and to Malik Agar and Minni Minnawi… I was in Addis Ababa also. In the past I had a meeting with the military.

*It is worthwhile mentioning the military because of the major role they are playing now.

- They have both the power to take the country to a better place but also the power to insure that it slips into catastrophic crisis if they try to cling to power.

*So are you worried?

- No, that is why we are happy about the agreement because it seems to signal an appreciation that there needs to be a handover to a civilian authorities.

Jealous sub-regional organizations 

*Let me be honest, there is this notion that the UN is useless when it comes to crises like this one. Why the UN would succeed in Sudan if it fails everywhere else?

- Let me try to repeat: we are not trying to lead the efforts in Sudan. It is quite right that the UN shouldn’t lead every effort where in Africa the regional and the sub-regional organizations are quite jealous about the need to be in the first instance those who try to resolve the problems in their own neighborhood. So that is not abandoning those people. We are behaving appropriately and in support of those who should take the lead. I am not sure that the UN is useless to the extent to which is more likely regarded as ineffective is not because of the staff of the UN or its methodologies, but that has been largely a reflection of the member states divisions and inability to find consensus in the Security Council.

*Is there enough support in the Security Council?

- I think there is one circumstance in which it is more likely to be broad base support, and that is the multilateral organizations of the continent have given a lead in the Security Council across its political spectrum is more likely to support that initiative.

*We have not seen a powerful product from the Security Council to support the efforts that you are making, and that of the AU?

- Well they issued a united statement days after they debated the situation in Sudan, and I think that was critically because the African Union had given a clear signal that it expected the Security Council to support it. That doesn’t really apply elsewhere very often.

*You are a mediator. Do you need the support of the Security Council?

- I think at the end of the day, the Security Council is the sort of ultimate authority, and if it can’t muster a voice to give a lead of an issue, then the mediator hands are also weakened.

Accountability for past crimes

*One of the other lingering issues is that Bashir and others have been indicted by the ICC, and there is a question about what is going to happen now with them.

- This is an issue that I think you have to turn to the Sudanese people to decide. I can’t be decided solely by the external community. They have to decide whether they want accountability for past crimes and how far they should go. You know the more immediate issue is not President Bashir. The more immediate issue is the killing of the protesters during the course of the this. The protesters have now demanded some form of accountability, and there is currently a debate in Sudan on whether that should have an international character or a national form of accountability. I don’t want to comment now on whether I prefer national or international accountability, but I would stress that the Sudanese should have ownership of it if it is going to have a more lasting effect… They have to support what form of accountability they choose. It needs to be part of there reconciliation process, and that is more likely to happen where there is national ownership, which may mean some international involvement or not.

*When are you going back to Sudan? What are you going to do?

- I hope I can go this week, and that there will be a signing ceremony for the agreement. This agreement will need to be developed as it goes along. It will need to be implemented and it won’t be easy. It is quite clear from what we’ve seen that there are different perspectives on how strong the supervisory role the military should have if at all, and how this will play out as they go forward in establishing a government and appointing ministers and other important aspects of the civilian rule.

*Is there a timeframe?

- There is no timeframe envisaged thus yet. But as we speak, Sudan is suspended by the African Union until such time where a civilian handover. The US Congress passed a resolution maintaining its suspension and sanction against the regime until there is a handover. So the sooner there is a handover the sooner Sudan can begin to normalize its both diplomatic and economic relations with the rest of the world.

*Also the Security Council suspended recently the withdrawal of UNAMID from Darfur.

- That’s right. There needs to be a discussion with the Sudanese government about the pulldown of UNAMID and the consequences of that pulldown, and the question that beg is who do we talk to, given that there is going to be a new civilian led government.

*And ultimately there should be some kind of elections...

- Ultimately this is about a transitional phase, which is about establishing a bridge to a normal situation, a democracy or whatever the country wants to establish. Transition normally culminate an election, then it stops to be a transition. It is a new government.


Further Reading

US backs Sudan transition deal fearing state collapse
Article from The Financial Times 11 July 2019 
Sudan Watch - Friday 12 July 2019

Film: Grieving mother and sister of Mahgoub Al-Taj

Note from Sudan Watch Editor: Many film clips are being posted online from Sudan, especially on Twitter. Much of the amateur footage is shockingly graphic. This clip in particular conveys the deep emotion felt by a mother (with her daughter) while continuing to protest after the killing of her son Mahgoub Al-Taj. The footage, probably shot from a phone camera, brings the viewer close into the midst of a sorrowful crowd.
To visit the above tweet click here: https://twitter.com/SudaneseTc/status/1157195013777870848
Hat tip: @Eric Reeves https://twitter.com/sudanreeves