VZCZCXRO9820
PP RUEHROV
DE RUEHKH #0099/01 0240915
ZNR UUUUU ZZH
P 240915Z JAN 08 ZDK
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC PRIORITY 9769
INFO RUCNIAD/IGAD COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 02 KHARTOUM 000099 
 
SIPDIS 
 
DEPT FOR AF/SPG, S/CRS, AF SE WILLIAMSON 
ADDIS ABABA FOR USAU 
DEPT PLS PASS USAID FOR AFR/SUDAN 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KPKO KDEM SOCI AU UNSC SU
SUBJECT: SUDANESE LEGISLATIVE PROCESS ON ELECTIONS SHOWS HOPE 
 
REF: (A) KHARTOUM 025 
(B) 07 KHARTOUM 2011 
 
¶1. (U) SUMMARY: Co-chairs of the National Constitutional Review 
Commission (NCRC) Abel Alier and Abdulla Idris confirmed that the 
National Assembly will hold a special session before April to review 
and ratify the electoral law.  Alier and Idris explained that the 
draft law calls for free and unimpeded access for domestic and 
international election observers.  Finally, they stressed that the 
Presidency must select "mature" and "nonpartisan" candidates to 
serve on the National Electoral Commission (NEC).  END SUMMARY. 
 
--------------------------------------- 
SPECIAL PARLIAMENTARY SESSION TO OCCUR 
--------------------------------------- 
¶2. (U) On 22 January, poloffs met with NCRC co-chairs Abel Alier and 
Abdulla Idris.  Both chairmen are well-respected and 
well-accomplished lawyers and politicians who have played 
significant roles in the legal and legislative history of Sudan. 
Alier, a member of the Dinka tribe and a Union of Sudan African 
Parties (USAP) member, is a former minister of Labor and Public 
Works and also served as Vice President of the Republic of Sudan 
from 1971 to 1980.  Idris, an NCP member, studied business law at 
Yale and is a legal expert and law professor at the University of 
Khartoum. 
 
¶3. (U) According to Alier and Idris, Parliament will hold an 
extraordinary session before April in order to review and ratify the 
national electoral law.  Idris explained that 24 January will be the 
last day of political consultation between the NCRC and the parties 
on the draft bill.  After this date, the bill will be re-submitted 
for last-minute tweaking to the NCRC subcommittee that created it. 
The bill will then move to the NCRC plenary for approval and 
passage.  Upon leaving the NCRC, the bill will be presented to the 
Council of Ministers and finally, the National Assembly.  Idris 
stated that the Council of Ministers will not interfere with the 
bill, but may make recommendations.  He expects the bill to be 
ratified quickly in the National Assembly because of the 
considerable amount of party consultation that has gone into 
creating the draft law. 
 
--------------------------- 
"FREE ACCESS" FOR OBSERVERS 
---------------------------- 
¶4. (U) Both NCRC co-chairs confirmed that the draft law calls for 
"free access" for local and international election observers.  Idris 
stated that the Carter Center has accepted the GNU's invitation to 
participate in electoral observation and hopes that the Center will 
provide civic education training to communities well in advance of 
the 2009 elections. 
 
----------------------------------- 
ENCOURAGING VOLUNTARY REPATRIATION 
----------------------------------- 
¶5. (U) Idris and Alier explained that efforts at voluntary 
repatriation in southern Sudan are being intensified so as to 
persuade southern IDPs in the North and refugees to return to 
southern Sudan and take part in the elections.  The draft law states 
that if a citizen returns to participate in the electoral process, 
he/she must be in-country for at least three months before the 
elections to be able to vote.  Alier said that the Sudanese 
Institute for Repatriation is prepared to deal with an increase in 
repatriation requests. 
 
-------------------------- 
A MATURE, NONPARTISAN NEC 
-------------------------- 
¶6. (SBU) Poloff questioned the co-chairs about the feasibility of 
carrying out elections in Darfur given the region's security 
concerns and strong anti-government sentiment.  Idris stated that 
the National Electoral Commission (NEC), when created, will have to 
decide where and when elections will take place, including whether 
holding elections in Darfur will be possible.  Both Alier and Idris 
hoped that current peacemaking efforts in the Darfur region would 
facilitate the inclusion of Dafurians in the electoral process. 
Alier and Idris stated that the Presidency is allowing parties to 
informally submit and consult with his office on NEC candidates. 
Alier stated that the draft law requires candidates to be age 35 or 
older.  He cautioned that those selected must be nonpartisan, 
mature, and value their own personal integrity.  It is the opinion 
of both co-chairs that several parties will be represented on the 
nine-person Commission. 
 
-------------- 
THE FINAL STEP 
-------------- 
¶7. (U) According to Idris, the one outstanding issue in the draft 
 
KHARTOUM 00000099  002 OF 002 
 
 
electoral law is the breakdown of percentages for the mixed 
electoral system.  The SPLM and other opposition parties are 
lobbying for a 50/50 system, whereby 50 percent of the candidates 
for the national and state legislatures are elected via proportional 
representation (to include the 25 percent of women to be elected) 
and 50 percent are elected in a first-past-the-post system.  The NCP 
is fighting for a 60/40 system, whereby 40 percent of the candidates 
for the national and state legislatures are elected via proportional 
representation (to include the 25 percent of women to be elected) 
and 60 percent are elected via first-past-the-post.  Regardless of 
the percentage outcome, Alier pointed out that this will be the 
first time in the history of Sudan that voting by proportional 
representation will occur.  Idris remarked that the ultimate goal 
would be for Sudan to move to a fully proportional representation 
voting system for legislatures in elections beyond 2009. 
 
¶8. (SBU) COMMENT:  Idris and Alier's insights on the draft bill 
inspire some hope in the legislative foundation for the 2009 
elections.  Although the drafting of the law has been significantly 
delayed, if party consensus on the law is achieved at an early 
stage, it will create a solid basis for party competition on the six 
levels of governance being contested.  The draft bill's stipulation 
that international and domestic observers be granted free access to 
the electoral process builds on the CPA text itself - which states 
that international observers shall participate in the observation of 
elections.  Furthermore, if parties may consult the Office of the 
Presidency on NEC candidates and party nominee considerations are 
heeded, the electoral process is likely to proceed more smoothly. 
 
¶9. (SBU) COMMENT CONTINUED: Despite these positive signs, there is 
still concern among Sudanese politicians, especially the SPLM, that 
the tight timeline in which the NEC will have to plan and execute 
the elections will affect the quality and fairness of the process. 
The international community shares these concerns.  Furthermore, a 
solid legislative basis for elections does not guarantee that party 
shenanigans to further delay electoral preparation will not occur, 
as it appears to be in the interests of both parties to delay (while 
seeking tactical advantage) for as long as possible. 
 
FERNANDEZ