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Consultation Report No.4 Consultation Report No. 4 Alternative Constitutional Frameworks, Alternative Transitional Arrangements and Mineral Resources in the Sudan The Sudan Peace-Building Programme African Renaissance Institute (ARI) & Relationships Foundation International (RFI) United Kingdom April 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 7 Section B IV. List of Issues Considered and Ensuing Discussion 9 1. How the World has Changed Since September 11th and its Effects on the Sudan Peace Process by Professor Washington A. J. Okumu 9 2. A Choice between Co-existence in One Country and Friendly Neighbourhood by Professor Mohammed Ibrahim Khalil 33 3. Constitutional Arrangements that Offer Greater Autonomy than Federation, Including Secession by Dr Peter Nyot Kok 55 4. Constitutional Arrangements that Give Greater Autonomy than Federation, Including Secession by Dr Muaz Ahmed Tungo 70 5. Transitional Arrangements: International Experiences and Prospects for Transition in the Sudan by David Nailo N Mayo 111 6. Transitional Arrangements: the case of Sudan by Mulana Abel Alier 156 7. Transitional Arrangements: the case of Sudan by Dr Sayed el-Khateeb 193 8. Sudan Gold Potential Options for Development and Exploitation by Dr Adli Abdel Mageed 197 9. The Curse of Mineral Resources: the politics of revenue sharing in the Sudan by Luka Biong Deng 213 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 to the 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 four consultations to fulfil these objectives. The first consultation introduced the aims, methodology and activities of the programme to the participants and covered in general terms the issues of peace dividends, oil, water and alternative constitutional frameworks in the Sudan. The second consultation looked at (1) the Nile Waters and Agriculture and (2) Federalism and Self-determination. The third consultation 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. This fourth consultation focused first on the global trends within which the Sudan peace process was taking place. This led into discussion of ways in which a new constitution could accommodate all parties’ interests on issues of religion and identity, and ways in which the right of self-determination could be exercised while respecting the desire for unity among its citizens. A third theme was to explore specific options for transitional arrangements, discussed in the light of international experience. The final section explored two papers relating to mineral resources within the context of revenue-sharing. It was encouraging to note a growing measure of consensus on key issues in the discussion, building on the trust created in earlier meetings. In its recommendations, this fourth consultation unanimously requested that from September 2002 the process should move into a new phase where participants would no longer come in their personal capacity but as official delegates of their parties and constituencies. They also requested that a steering group should be set up, that meetings should be more frequent, for longer and supported by the international community. This request was a measure of the participants’ confidence in the process of these consultations. Professor Washington A. J. Okumu Presiding Chairman Sudan Peace-Building Programme London and Nairobi May 2002 3 II. List of Participants to the Fourth Consultation I. Chairmen 1. Professor Washington A. J. Okumu, Presiding Chairman, Vice- Chairman of ARI, Commissioner for Peace and Governance and Executive Director for Eastern and Central Africa, Kenya 2. Viscount Brentford, Co-Chairman, RFI Chairman II. Sudanese Participants A. Sudan 1. Professor Yusuf Fadl Hasan 2. Ms Amira Yousif Adam Haroun 3. Professor Farouk Mohammed Kadouda 4. Professor Richard Hassan Kalam Sakit 5. Mr Elzahawi Ibrahim Malik 6. Dr Sayed el-Khateeb 7. Ambassador Mathiang Malual Mabur 8. General Yousif Ahmed Yousif 9. Mr Reafee Sbu Jmoona 10. Professor Ibrahim Hassan Abdel Galil 11. Dr Mohammed Elmukhtar Hassan Hussein 12. Professor Hassan Makki Mohammed Ahmed 13. Dr Kamal Obeid 14. Mr Rabie Hassan Ahmed B. Eritrea 15. Dr Sharif Harir C. Canada 16. Mr Hashim Eissa D. Kenya 17. Ms Rebecca J. Okwaci 18. Dr Peter Nyot Kok 19. Mr Monyluak Alor Kuol 20. Mr Wani Igga 21. Mr Telar Deng 22. Dr Justin Yaac Arop E. Germany 23. Dr Costello Garang F. UK 24. Dr Nada Mustafa Ali 25. Dr Mahboob Abdel Salam 4 III. Sudanese Discussants 1. General Joseph Lagu, Former Vice-President 2. Mr Aldo Ajou Deng, Former Deputy Prime Minister and Former Deputy Speaker of Parliament 3. Mr Suleiman Musa Rahhal, Head, International Nuba Co-ordination Centre IV. International Participants 1. Mr Wayne Neill, Head, Sudan Task Force, Department of State, USA 2. Mr Alan Goulty, Special Representative on the Sudan and Head of Interdepartmental Unit on the Sudan, UK V. Sudanese and International Consultants 1. Dr Peter Nyot Kok, Chairman of Southern Sudan Law Society 2. Dr Muaz Ahmed Mohammed Tungo, Counsellor General for International Law and Treaties, Ministry of Justice, Sudan 3. Mr David Mayo, Doctoral Candidate, University of Birmingham, UK 4. H.E. Mulana Abel Alier, Former Vice-President, Sudan 5. Professor Mohamed Ibrahim Khalil, Former Foreign Minister 6. Mr Luka Biong Deng, Doctoral Candidate, University of Sussex, UK 7. Dr Adli Abdel Mageed, Consultant, Rida Mining, Sudan VI. International Discussants 1. Professor Peter Woodward, Head, Department of Politics and International Relations, Reading University, UK 2. Professor Timothy Niblock, Director, Institute of Arab and Islamic Studies, University of Exeter, UK VII. International Facilitators 1. Dr Michael Schluter, RFI Research Director 2. Mrs Grace Oloo, Gender and Women’s Officer, ARI 3. Dr Edward A. Christow, Executive Secretary and Research Manager, RFI 4. Dr Jeremy Ive, RFI Policy Advisor 5. Dr. Andrew Michels, Executive Director, International Human Rights Law Institute, De Paul University, USA 5 VIII. Apologies 1. The Rt. Hon. Donald Anderson MP, Chairman of Foreign Relations Committee, House of Commons, UK 2. Herr Elmar Brok, Chairman of Foreign, Security and Human Rights Committee, European Parliament, Belgium 3. Mr Jim Dunlap, Special Advisor, Department of State, US 4. Ambassador Hans Jacob Frydenlund, Special Advisor for Peace in Africa, Norwegian Foreign Ministry, Norway 5. Dr Abdel Rahman Ibrahim El Khalifa 6. Dr Al Shafea Ahmed Mohammed 7. Dr Amin Hassan Omer 8. Dr Taisier Mohammed Ali 9. Professor Richard Buchanan 10. Professor Francis M. Deng 11. Dr Alhassan Mustafa Onoor 12. Mr John Luk Jok 13. Dr Osman Khalid Mudawi 14. Dr Priscilla Joseph Koug 15. Dr Sumaia Abukashawa 16. Mr Bona Malual, Former Minister of Information and Culture 17. Mr Ahmed Draige, Former Governor of Darfur and Cabinet Minister 6 III. RECOMMENDATIONS OF THE FOURTH CONSULTATION OF THE ARI/RFI SUDAN PEACE-BUILDING PROGRAMME In view of the four constructive consultations that have already been held, and the progress that has been made in understanding the key issues and bringing the positions of the parties closer together, we propose, after the fifth consultation in July, the following way forward for the ARI/RFI Sudan Peace-Building Programme: 1) That ARI/RFI will continue with the consultative process, to be entitled "the Inter- Sudanese Consultation on Peace and Justice (ISCOP)." 2) The goal of ISCOP will be to deliver to IGAD's Sub-Committee on Peace in the Sudan a set of defined issues for negotiation based on a thorough exploration by all the parties, and the elements of civil society, of their shared values, underlying position and view of potential outcomes. 3) Representation: each of the parties to the conflict and elements of civil society will be asked to appoint formally a person(s) to attend ISCOP authorized to represent the parties' views to the consultations. 4) Framework: the framework adopted by ISCOP will be the IGAD's Declaration of Principles (DOP), with the additional principles of inclusivity of all Sudanese opinions and elements of the Egyptian-Libyan Initiative. 5) Steering group: a steering group will be made up of: a. GOS b. SPLM c. Other liberation movements d. All parties to the conflict as stated in clause 3 above. e. A nomination from civil society. The steering group will be responsible for preparing the agendas that will be drafted in consultation with other parties and with ISCOP's secretariat. 6) Chairman: the consultations would be chaired by Professor Washington A.J. Okumu and two other facilitators whom he would be asked to nominate with the approval of the whole meeting. 7) Recommendations will be made as far as possible by consensus. Where there is continuing difference in opinion, all views will be noted for the negotiating process. 8) Records: a summary of discussions and full details of decisions reached will be recorded and this will be made available to all the parties involved within two weeks of the end of the consultations.
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