VZCZCXRO2232
RR RUEHROV
DE RUEHKH #1189 1420528
ZNR UUUUU ZZH
R 220528Z MAY 06
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC 2884
INFO RUCNIAD/IGAD COLLECTIVE

UNCLAS KHARTOUM 001189 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PGOV SU
SUBJECT: KHARTOUM LEGISLATIVE ASSEMBLY PASSED THE 
CONSTITUTION OF KHARTOUM STATE 
 
REF: Khartoum 1053 
 
¶1.  SUMMARY: The Khartoum Legislative Assembly (KLA) 
unanimously passed the draft constitution of Khartoum 
State on May 13, 2006, after the Joint NCP and SPLM High 
Committee resolved the 4 pending controversial points: 
status of Khartoum state with Sharia law and special 
courts for non-Muslims, Arabic being named the official 
language in Khartoum with protections for English, the 
oath of the governor following the national oath, and the 
oaths of the ministers and the parliamentarians also 
reflecting the national oaths (reftel).  A fifth issue, 
the distribution of power in the localities between the 
NCP and SPLM, will be decided on by the Presidency in 
consultation with the governor of Khartoum. The CPA does 
not directly address this issue.  KLA has now sent the 
draft constitution to the Federal Ministry of Justice for 
ratification. If there are no substantial changes, the 
constitution will be return for the signature of the 
governor of Khartoum state and speaker of KLA. End 
Summary. 
 
------------------ 
Points Agreed Upon 
------------------ 
 
¶2.  After boycotting the first committee discussion on 
the initial NCP proposal for the Khartoum constitution in 
March, the SPLM again boycotted the first general 
assembly session to discuss this compromise draft, held 
on May 6.  However, once the SPLM had time to fully 
review the draft, they approved it unanimously.  The 
preamble of the draft constitution is adapted from the 
Switzerland constitution that recognizes the diversity of 
the country. 
 
¶3.  Under the compromise, Khartoum is defined as the 
national capital, and a symbol of national unity.  The 
compromise also defines Sudan as a pluralistic country in 
creed, ethnicity, culture and language, where `the rule 
is for God who created the people as expressed in all 
heavenly religions.  (Note: this is the only verse taken 
from the Koran. End Note.)  The rights of non-Muslim 
should be protected as enshrined in the interim national 
constitution, article 157.  Sharia law will be allowed in 
Khartoum, but there will be special courts for non- 
Muslims. 
 
¶4.  The first article of the constitution states that 
Arabic shall be the official language in Khartoum state; 
while the second article states that there shall be no 
discrimination between Arabic and English. 
 
¶5.  The oath of office of the governor of Khartoum state, 
controversial because of the religious aspects in the 
first draft, will now follow the oath of the President of 
the Republic of Sudan.  For the same reason, the oath of 
the ministers of Khartoum state is parallel to the oath 
of federal ministers, and the oath of the members of KLA 
is inline with the oath of the members of National 
Assembly (NA). 
 
---------------- 
Unresolved Point 
---------------- 
 
¶6.  The only unresolved point is the power sharing in the 
localities of Khartoum state, which is not described in 
the CPA. The Presidency and the governor of Khartoum 
state are assigned to frame a formula for the allocation 
and distribution of power sharing between NCP and SPLM in 
the localities of Khartoum state. 
 
---------------------- 
Acceptance and Caution 
---------------------- 
 
¶7. It is the general feelings of the members of KLA, 
including the SPLM, that the comprised reached by the 
High Committee is fair and satisfactory. However, they 
expect to see fair power sharing in the allocation and 
distribution in the localities of Khartoum state. 
 
HUME