Parliament to deliberate Monday on South Sudan self-determination

By James Gatdet Dak

December 19, 2009 (JUBA) – The Sudan’s bicameral parliament, the National Assembly and the Council of States, is expected to jointly deliberate on the Southern Sudan referendum bill on Monday and enact it into law before it goes on final recess on Tuesday, December 22; the following day.

The bill was endorsed this week by the Government of National Unity’s cabinet after the two peace partners, the dominant National Congress Party (NCP) and the Sudan People’s Liberation Movement (SPLM) reached a breakthrough that led to the agreement on the turnout of 60% of eligible would-be registered voters that would validate the conduct of referendum on independence in January 2011.

The parties had earlier agreed on 50+1 simple majority percentage of yes votes required for declaration of either unity or secession.

According to the Vice President, Dr. Riek Machar who returned to Juba from Khartoum on Friday, he said the Southern Sudan bill had already been endorsed by the two houses’ joint specialized committee, pending the reading and general deliberations by members of parliament on Monday.

Members of the two houses, according to his observation, were generally happy; an indication that they were ready to pass the bill.

Assisted by the minister of Legal Affairs and Constitutional Development, Michael Makuei Lueth, Vice President Dr. Machar also briefed the Southern Sudan cabinet on Friday about the latest political developments and the status of the referendum bill for Abyei as well as popular consultations for Southern Kordufan and Southern Blue Nile.

On Abyei referendum bill he however said some NCP members have expressed reservations over some of its provisions.

The two parties also agreed to leave the issue of defining eligible voters in the referendum to the Abyei referendum commission which would be formed.

For the two regions of Southern Kordufan and Southern Blue Nile, the parties agreed that any dispute between any of the two regions and the central government, on the exercise and result of popular consultations, would be referred to the Council of States.

Dissatisfaction by any party with the decision of the Council of States would then force the parties to go for arbitration, he added.

NATIONAL SECURITY BILL REMAINS CONTENTIOUS

The two parties have not agreed on the contentious draft bill for National Security and the SPLM threatens to vote against the bill on Sunday if the Assembly would discuss and want to pass it in its current form.

The SPLM, he added, has a strong reservation about NCP’s position in articles 25, 50 and 51 of the national security bill which deal with power of arrest, detention, search and seizure of property.

The SPLM wants such powers removed from the security organ and handed over to the police, which would carry them out through written permission by the Prosecutor General.

He said such arrests should be effected through Prosecutor General’s office and carried out by the police.

He explained that out of the total 86 articles in the bill, the two parties in their negotiations have agreed on the other 83 articles.

However, he added, the SPLM would vote against the other contentious three articles in the bill, warning that the SPLM would not be a party to the controversial law and that it would be the responsibility of the NCP if it will use its mechanical majority in the Assembly and pass it in its current form.

The government’s official spokesperson, Paul Mayom Akech told the press that if the NCP would pass the bill using its mechanical majority, the SPLM would review its position on whether or not to remain part of the national security organ in the Government of National Unity under the law.

“Will we continue to maintain our component in the national security?” he asked.

Dr. Machar also explained to the press that he remained behind in Khartoum trying to negotiate for a compromise on the controversial population census results of 2008, which the South rejected and should not to be used for calculation of power and wealth sharing in the country.

The SPLM wants the South to maintain 30% representation in the National Assembly as well as in the executive in Khartoum. NCP wants the representation to be calculated based on the census results which puts the South at 21% and would only increase it by 4%.

The SPLM leadership also stresses that the party compromised the Southern Sudan referendum turnout by agreeing to the NCP’s demand of 60%, adding that the NCP should reciprocate by agreeing to the Southern Sudan representation by 30%.

Any addition to the current size of the National Assembly would also need amendment of the Interim Constitution of Sudan, officials have also observed.

The SPLM leadership has also expressed concern that the Assembly has very limited time left to deal with the bills before it goes on final recess in three days.

The Vice President and SPLM Deputy Chairperson, Machar, is expected to return to Khartoum on Sunday to push for timely endorsement of the agreed bills in the National Assembly as well as try to resolve on the national security bill with the NCP.

Earlier, the First Vice President of Sudan, President of the Government of Southern Sudan and Chairperson of the SPLM, Gen. Salva Kiir Mayardit, called on the NCP to extend the life span of the National Assembly so that it passes the remaining bills before it goes on final recess.

The Assembly is supposed to dissolve itself by the end of the year as the nation prepares for the upcoming April 2010 general elections.

(ST)