Towards democratic elections in Sudan

By Ezekiel Lol Gatkuoth

September 18, 2008 — It is widely recognized that the vision embodied in the Comprehensive Peace Agreement of 2005 is a vision for the democratic transformation of all of Sudan. This vision, called “New Sudan” by the Sudan Peoples Liberation Movement, is a vision for all Sudanese, and we believe it is supported by the overwhelming majority of all Sudanese, north, south, east, west and center. It is true that the CPA provides for a Referendum in 2011 for the South and also for Abyei which could lead to their separation from the rest of Sudan. But even those that support the separation option want desperately for their brothers and sisters in Sudan’s north, east, west and center to fully enjoy the benefits of the New Sudan vision because they want to live with them as good neighbors.

The CPA provides in its implementation framework the opportunity for Khartoum to take many clear steps to make the unity of the Sudan state “attractive” to those who will vote in the 2011 Referendum. We in the SPLM are of the view that Khartoum has chosen not to pursue this path on a wide range of matters, especially those that relate to free and fair elections. This is tragic. It is my view that unity is only possible if the 2009 elections are free and fair and elect a democratically transforming government that will uphold the right to self determination and popular consultation, and operate in an unbiased and transparent manner. Conversely, failure to achieve free and fair elections guarantees separation and risks a future of conflict.

The NCP’s actions have clearly undermined the election schematic of the CPA. The definition of the borders between North and South and the final passage of the Election Law, both indispensable building blocks for any elections, have suffered serious unnecessary delays. The Census, while not required as an element in the election process, could have fostered confidence in the electorate had not Khartoum caused significant delays by withholding the required funds. These opportunities to show good faith were missed. In fact, it is worse than that. The list of elements necessary for a coherent national election but left undone or seriously delayed by the Government of National Unity, in which the NCP holds the lion’s share of the power, is staggering.

Take for example the National Elections Commission. The much-delayed law establishing the NEC was finally enacted on July 8. It provides for the Commission membership to be appointed by the Presidency within thirty days. That, too, is now late. Once Commissioners are appointed, the NEC staff must be hired and trained, but there is no budget. The NEC is by law responsible for setting up election districts and overseeing almost all aspects of preparation, implementation and tabulation for a national election that is scheduled to occur in early 2009. The delays in establishing NEC, added to the others already mentioned, present a clear picture of bad faith on the part of the NCP which is clearly understood by our constituencies.

Nevertheless, we will do our best to support the opportunity for a free, fair and coherent election for the people of Sudan. The SPLM is committed to contesting the elections nationally, at all levels and in all positions with the goal of becoming the leading party in Sudan. We acknowledge the challenges that obstruct the democratic transformation of governance in Sudan, mostly conscious delaying tactics and obstructionism used by our NCP partner on the Government of National Unity. One way to approach this is to creatively consider solutions to the huge hurdles that need to be overcome. One such hurdle concerns the participation of the beleaguered people of Darfur in the national elections. Though there are many thorny aspects and no consensus has been reached, one of several options being evaluated is for the elections in Darfur to be tailored to Darfur’s realities. While working for an overall solution to Darfur’s agony, might it be possible, if necessary, to hold elections in Darfur only for national posts, since voter presence in a constituency for local election purposes is a huge problem in Darfur. Properly supervised voting for national posts only by voters in refugee and IDP camps, as well as in quiet areas of Darfur, may be a possibility. Local elections could then be conducted at a future point in time.

There are a number of other major issues concerning the 2009 national elections in Sudan that I will flag for you but not fully discuss because of time. These include the incredible infrastructural challenges in the South and other marginalized areas of Sudan; the need for massive voter education (e.g. in the South mostly illiterate voters will be faced with voting on twelve different ballots); reforming election-related laws that are inconsistent with the Interim National Constitution; constraining NCP use and control of state instruments for its campaign purposes, including equal access to media; rules regarding foreign donors, etc.

With all of the limitations we face, the SPLM is enthusiastic about the approaching reality of elections. We do, in fact, believe that democratic transformation of Sudan is possible and the opportunity to try to put our vision in place is at hand. To us, this is all about our people, our country, our children and our future. The words “free and fair”, if ultimately descriptive of the upcoming elections, will change the lives of the Sudanese people forever to their good. To that end, we of the Sudan Peoples Liberation Movement welcome your help and support. Thank you. I’ll be happy to respond to any questions.

The author is the head of Southern Sudan government mission in Washington. He presented this paper today at a conference organized by the National Endowment for Democracy on Sudan’s elections.