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Consultation Report No.3 Consultation Report No. 3 Self-determination, The Oil and Gas Sector and Religion and the State in the Sudan The Sudan Peace-Building Programme African Renaissance Institute (ARI) & Relationships Foundation International (RFI) United Kingdom January 2002 Table of Contents The Summary Discussion Notes included in this document were compiled under the Chatham House Rule. They do not reflect the opinions of any one participant but are drawn from the range of views expressed, nor do they necessarily reflect the views of the African Renaissance Institute or the Relationships Foundation International. Section A I. Preface 3 II. List of Participants 4 III. Recommendations by the Sudanese Participants 6 Section B IV. List of Issues Considered and Ensuing Discussion 8 1. The Changing Structure and Role of the State in Africa by Professor Washington A. J. Okumu 8 2. Self-determination: the international experience by Mr Marc Weller 23 3. The Politics of Self-determination in the Sudan: between strategic admission and tactical avoidance by Dr Peter Nyot Kok 61 4. Sudan Hydrocarbon Resources by Dr A. R. O. Abdel Rahman 75 5. The Impact of Oil and Gas Development on the Local and National Economy, Environment and Society in the Sudan by Dr Peter Adwok Nyaba 101 6. International Experience with the Relationships between International Oil and Gas Companies and Government and its Relevance for the Sudan by Mr David Nailo N. Mayo 132 1 7. International Experience with the Oil and Gas Revenue Sharing Arrangements in Federal and Confederal States and Possible Options for the Sudan by Mr David Nailo N. Mayo 145 8. How Religion and State Have Been Handled in the Sudan and How They Have Impacted the Three Faith Communities, Muslims, Christians and Indigenous Beliefs: a historical background by Professor Yusuf Fadl Hassan 169 9. A State Based on Shari’ah and the Right of non-Muslims by Professor Al-Tayib Zein al-Abdin 192 10. Reflections on Religion & the Post-Colonial State in the Sudan: what is mine is mine, and what is yours is negotiable by Dr Taisier Mohammed A. Ali 212 11. A State Based on Shared Ethical Values by Dr Mario Awet 221 12. Fluidity of Identities in the Sudan: pulling apart for a sounder coming together by Professor Francis M. Deng 247 13. How can Trust and Confidence be built between the Sudanese Constituencies by Dr Edward A. Christow and Dr Jeremy Ive 257 2 I. Preface The Sudan Peace-Building Programme is a strategic partnership between the African Renaissance Institute (ARI) and the Relationships Foundation International (RFI). The overall goal of the programme is to help bring long-term and sustainable peace to the Sudan. The programme's methodology is based around a series of informal, confidential and low profile consultations attended by senior Sudanese leaders linked to the key constituencies in the country, and representing all shades of social, political and religious opinion. The Sudanese participants help decide on the key constitutional and economic issues for research and discussion at each consultation. The programme does not itself become involved in any official peace negotiations between parties in conflict, but aims to prepare the ground for such negotiations at a later stage. Over the last two years, the Sudan Peace-Building Programme has held three consultations to fulfil these objectives. The first consultation introduced the aims, methodology and activities of programme to the participants, gave an opportunity to the participants to get to know each other and covered in general terms the issues of peace dividends, oil, water and alternative constitutional frameworks of settlement in the Sudan. The second consultation focused on two areas in detail (1) Water and Agriculture and (2) Federalism and Self-determination. The ensuing discussion during this consultation was backed by ten papers which were presented by international experts. The papers and summary of discussion contained in this report were presented during the third consultation, which focused on three areas (1) Self-determination (2) the Oil and Gas Industry in the Sudan and (3) the Religion and the State in the Sudan. Since Self-determination was not exhaustively treated in the last consultation it was revisited in greater detail during this consultation. The goal of the discussion on Oil and Gas in the Sudan was to explore the past present and future of the energy sector, examine the impact as well as the various ways through the revenue could be shared and the ownership structure organised. The goal of the discussion on the Religion and the State in the Sudan was to explore alternative frameworks which could accommodate the interests of the various constituencies in the country. The Sudan Peace-Building programme and the three consultations which have been held to date, are building a body of relevant knowledge about the factual situation in the Sudan on complex issues such as water, agriculture, alternative constitutional frameworks, transitions and peace dividends, self-determination, the oil and gas industry and religion and the state in the Sudan. In addition, the consultations are building relationships between the Sudanese participants and are aiding each participant’s understanding of their respective positions. It is hoped that we are laying a firm foundation for a future successful mediation based on informed knowledge of the real situation in the Sudan. We look to the future of the Sudan with growing optimism. Professor Washington Okumu Presiding Chairman Sudan Peace-Building Programme London and Nairobi February 2002 3 II. List of Participants The following Sudanese and international participants attended the third consultation of the Sudan Peace-Building Programme1, which took place from 28 January through 1 February 2002 in the United Kingdom. All Sudanese participants attended in their personal capacity A. Sudanese Participants 1. Professor Yusuf Fadl Hassan 2. Professor Hassan Makki Mohammed Ahmed 3. Ms Amira Yusif Adam Haroun 4. Professor Faroug Mohammed Kadouda 5. Professor Richard Hassan Kalam Sakit 6. Mr John Luk Jok 7. Ms Rebecca J. Okwaci 8. Mr Monyluak Alor Kuol 9. Mr Abdon Agaw Jok Nhial 10. Professor Hammad Bagadi 11. Dr Fadil Shibeika 12. Dr Alhassan Mustafa Ahmed Onoor 13. Dr Priscilla Joseph Kuch 14. Dr Shafir Harir 15. Dr Taisier Mohammed Ali 16. Mr Reafee Sbu Jamoona 17. Col Dominic Dim Deng 18. Dr Sayed el-Khateeb 19. Dr Peter Nyot Kok 20. Dr Sumaia Abukashawa 21. Mr Rabie Hassan Ahmed 22. General Yousif Ahmed Yousif 23. Ms Sophia Pal Gai 24. Mr Samuel Odat Ayul B. Apologies from Sudanese Participants 1. Dr Samson Wassara 1 The Sudan Peace-Building Programme process is a strategic partnership between the African Renaissance Institute (ARI) and the Relationships Foundation International (RFI). 4 C. International Facilitators 1. Professor Washington Okumu, Presiding Chairman, Vice-Chairman of ARI, Commissioner for Peace and Governance and Executive Director for Eastern and Central Africa 2. Viscount Brentford, Co-Chairman, RFI Chairman, British Peer and Former Member of the House of Lords 3. Dr Jeremy Ive, RFI Executive Director 4. Dr Michael Schluter, RFI Research Director, and Chairman of the Relationships Foundation 5. Dr Edward A. Christow, RFI Executive Secretary and Deputy Research Director D. International Consultants 1. Mr Marc Weller, Assistant Director of Centre for International Studies, Cambridge University, UK 2. Dr A. R. O. Abdel Rahman, Director General, Ben Bakriya Co. Ltd., Sudan 3. Mr David Nailo N. Mayo, Doctoral Candidate, University of Birmingham, UK 4. Professor Al-Tayib Zein Al-Abdin, Professor, Faculty of Social Science, International Islamic University, Pakistan 5. Dr Mario Awet, Graduate of University of Birmingham, UK 6. Professor Francis M. Deng, Professor, City University of New York, US E. International Participants/Discussants 1. Dr Andrew Michels, Executive Director, International Human Rights Law Institute, De Paul University, Chicago, USA 2. Mr Jim Dunlap, Special Advisor, Department of State, USA 3. Mr Charles McPherson, Head of Energy Department, World Bank 4. Mr Chris Poncia, Managing Director of C.R. Poncia Limited F. Apologies from International Participants 1. Mr Elmar Brok, Chairman of the European Union Foreign Relations Committee 2. Sir Fred Catherwood, Former Vice-President of the European Parliament and Former Vice-President of the European Parliament Foreign Affairs Committee 5 III. Recommendations by the Sudanese A. Introduction 1. At the end of the Third Consultation of the Sudan Peace-Building Programme, we, the Sudanese participants wish to commend the African Renaissance Institute (ARI) and the Relationships Foundation International (RFI) for their noble efforts exerted so far, and encourage them to persevere in those efforts dedicated to the promotion of peace building in the Sudan as complementary endeavours to the on-going peace initiatives. We appreciate the frank and positive dialogue of the meeting during the past days. We believe the Third Consultation should be considered to be successful owing to: (a) Wider participation and more serious engagement. (b) Involvement of many Sudanese experts in writing papers on oil and gas, self- determination and religion and the state. (c) More time for participants to discuss the issues raised. (d) Ideas and suggestions which brought consensus closer on major issues, especially on self-determination and religion and the state. B. Religion and the State 2. In view of the diversity of the Sudan, no single religion, race or culture should be used as the basis of the identity of the Sudan. The aim should not be the reduction of religion but the emphasis should be on citizenship and national identity, and their protection from the encroachment of any external considerations. 3. The state should guarantee freedom of religious and cultural expression and other human rights, under the supremacy of the rule of law. 4. Confidence and trust need to be built in ways that lead to mutual recognition and respect for the multi-religious, multi-ethnic and multicultural nature of the Sudan.
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