VZCZCXYZ0000
RR RUEHWEB

DE RUEHKH #0410 0471353
ZNR UUUUU ZZH
R 161353Z FEB 06
FM AMEMBASSY KHARTOUM
TO SECSTATE WASHDC 1493

UNCLAS KHARTOUM 000410 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PINR SU
SUBJECT:  Council of States Finding Its Way 
 
¶1.  SUMMARY:  The Government of National Unity's (GNU) 
newly formed Council of States (CoS) is still working to 
 
 
 
 
find its role in government.  The CPA and the Interim 
National Constitution established this body and defined 
certain responsibilities, but is silent on many details. 
The Council of States has 50 members, two from each of 
the 25 states.  There are also two non-voting 
representatives from Abyei that have yet to be appointed. 
End Summary. 
 
-------------------- 
Some CoS Roles Clear 
-------------------- 
 
¶2.  The Interim National Constitution lays out certain 
responsibilities for the CoS.  It states that laws can be 
passed by either the National Assembly (NA) or the CoS 
independently.  The NA is responsible for the national 
budget and most legislation; however, if the Assembly 
rejects or fails to act on any legislation presented by 
the Presidency, that legislation is automatically 
forwarded to the CoS.  The CoS can then override the 
Assembly with a 2/3 vote and pass the law. 
 
¶3.  The CoS must also review any law covering a religion 
or customary practice.  If the majority in any individual 
state does not practice the religion or custom in the 
law, the Council must confirm that law by 2/3 vote, or it 
will no longer apply to that state.  This includes any 
laws in effect before the Comprehensive Peace Agreement 
(CPA). 
 
¶4.  Other responsibilities include the confirmation of 
presidential nominations to the Constitutional Court, and 
the review of certain new petroleum contracts.  If the 
National Petroleum Commission (NPC) signs a contract that 
the state with the oil fields opposes, the matter is sent 
to the CoS.  The Council can then reject the contract 
with a 2/3 vote.  This does not apply to contracts signed 
before the CPA. 
 
---------------------------------- 
Other Roles Have Yet To Be Defined 
---------------------------------- 
 
¶5.  According to Deputy Speaker for the CoS  Remy Oller 
Itorong (SPLM-Eastern Equatoria), there is little 
definition as to the division of responsibilities beyond 
the roles outlined above.  The Interim National 
Constitution does say that, in general, the CoS is 
responsible for the "decentralized government."  While 
Sudan once had a bicameral system with a Council of 
Elders, today it lacks guidelines for an exact division 
of labor.  There are even some protocol debates because 
the 451-member National Assembly is being referred to as 
the upper house, while Oller believes that the CoS should 
be the upper house.  The CoS is currently housed in a 
building across from the NA that once served as the 
Assembly's guest house and break-away meeting space. 
 
¶6.  Oller is now chairing a commission that is charged 
with studying other bicameral legislative systems, such 
as those in the United States, United Kingdom, Germany, 
South Africa, and Nigeria, and will make recommendations 
as to legislative structures. 
 
¶7.  Bio data:  Oller is a Latuka from Torit.  He has been 
both a secondary school teacher and an economics 
instructor at the University of Juba.  During the war, he 
was the Peace and Reconciliation Secretary for the SPLM, 
mainly charged with bringing the Equatorian Defense Force 
(EDF) into the movement.  Before the most recent coup, he 
also served in the National Assembly with the People's 
Progressive Party (PPP).  Oller is considered very close 
to Southern Sudan President Salva Kiir. 
 
STEINFELD