VZCZCXRO9175
OO RUEHGI RUEHMA RUEHROV RUEHTRO
DE RUEHKH #0562/01 1161018
ZNR UUUUU ZZH
O 261018Z APR 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3622
INFO RUCNIAD/IGAD COLLECTIVE
RUCNFUR/DARFUR COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 02 KHARTOUM 000562 
 
DEPT FOR SE GRATION, S/USSES, AF A A/S CARTER, AF/E, AF/C, DRL 
NSC FOR MGAVIN AND CHUDSON 
DEPT PLS PASS USAID FOR AFR/SUDAN 
ADDIS ABABA ALSO FOR USAU 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KDEM SOCI ASEC AU UNSC SU
SUBJECT: USG SHOULD EMPHASIZE IMPORTANCE OF CONSENSUS ON SOUTHERN 
SUDAN REFERENDUM BILL, SAYS STATE MINISTER 
 
Refs:  A. Khartoum 240 
¶B. Khartoum 182 
 
¶1. (SBU) Summary.  According to Government of National Unity (GNU) 
State Minister of Justice Wek Mamer Kuol, there has been minimal 
progress on legislative reform over the past several months, 
particularly with regard to the National Security Law and the 
Southern Sudan Referendum Bill.  The sticking points on the National 
Security Law between the National Congress Party (NCP) and the Sudan 
People's Liberation Movement (SPLM) remain the same - the NCP wants 
the National Security and Intelligence Service (NISS) to retain its 
broad arrest and detention authority, while the SPLM says it should 
only be an information-gathering service that has the right to 
advise other agencies on security measures.  There has been no 
discussion on the Southern Sudan Referendum Bill since the NCP 
insisted that the two parties first hammer out post-2011 
arrangements (on wealth-sharing, water-sharing, debt repayment, 
etc).  The National Assembly is currently debating the press/media 
bill and three others.  International human rights watch groups have 
publicly criticized the reformed press/media bill, saying that it 
doesn't adequately lift repressive measures that will allow for an 
independent media.  Wek said that the USG's assistance is needed in 
pressuring the parties to reach consensus on the southern Sudan 
Referendum Bill so that it can be tabled for the Parliament's review 
during the current session.  The Bill is the one piece of 
legislation that could cause the parties to return to war, said Wek. 
End Summary. 
 
¶2. (SBU) On April 22, GNU State Minister of Justice Wek Mamer Kuol 
(SPLM) provided poloff with an update on key national legislation, 
including the National Security Law, the Press/Media Law, and the 
Southern Sudan Referendum Bill.  Poloff last met with Minister Wek 
in late February 2009 for a legislation status update; 
unfortunately, there has been very little progress on the 
legislation over the last two months, according to Wek (ref A). 
 
STATUS OF BILLS IN THE NATIONAL ASSEMBLY 
- - - - - - - - - - - - - - - - - - - 
¶3. (SBU) Five bills have been tabled for the National Assembly's 
review and ratification since the Assembly's opening on April 6. 
Only one of them - the Human Rights Commission Law - has been 
ratified; the rest, which include the Media/Press Bill, the Land 
Commission Bill, and the Criminal and Civil Procedures Bills - 
remain under debate.  Before reaching the Assembly, the bills were 
agreed upon by the NCP-SPLM joint legal and/or joint political 
executive committees, except for the Criminal Procedures Bill (also 
known as the Penal Code).  According to Wek, the NCP and SPLM had 
agreed upon a Criminal Procedures Bill which included a chapter on 
humanitarian law (Chapter 18).  Chapter 18 addressed criminal 
procedures for those found guilty of genocide, crimes against 
humanity, terrorism, and other violations of international 
humanitarian law.  Wek explained that the NCP "smuggled" the 
agreed-upon bill minus Chapter 18 into Parliament so as to avoid 
having the bill address crimes for which GNU President Al-Bashir and 
his henchmen have been indicted by the International Criminal Court 
(ICC).  According to Wek, there is a big row in the Assembly over 
what happened to Chapter 18.  "They [the NCP] are doing dirty 
things," said Wek. 
 
¶4. (SBU) Wek was positive about the reformed Media/Press Law, which 
went through several iterations between the parties prior to being 
tabled for the Assembly's review.  Previously, there was 
disagreement between the parties on whether a media code of conduct 
should be included in the law (reftels).  Ultimately, the parties 
decided that it wasn't necessary.  Wek said the intent with the 
reformed law is to create an independent, free media that is not 
subjected to the powers of the executive or legislative branch.  Wek 
noted that the bill could be amended in the National Assembly.  As 
with all things in Sudan, the proof of the pudding in terms of a 
reformed environment for the press/media will be in the 
implementation of the reformed law, he said.  [Note:  Human Rights 
Watch and other international rights group have heavily criticized 
the latest version of the reformed bill, stating that it retains 
many repressive provisions that do not adequately protect the 
freedom of speech nor allow for an independent media.  This raises 
considerable concern that the media environment will not change, and 
that the changes adopted by the parties are more cosmetic than 
substantive.  End note.] 
 
BILLS UNDER HEATED DEBATE BETWEEN THE PARTIES 
- - - - - - - - - - - - - - - - - - - - - - 
¶5. (SBU) Three laws remain under heavy debate between the parties - 
the National Security Law, the southern Sudan Referendum Law, and 
 
KHARTOUM 00000562  002 OF 002 
 
 
the Trade Union Act.  The Security Law, which is being debated at 
the level of the SPLM-NCP political executive committee (chaired by 
GNU Vice President Taha and Government of Southern Sudan Vice 
President Machar) is subject to an intense back-and-forth between 
the parties.  Wek said that the main sticking points have not 
changed - the National Intelligence and Security Services' (NISS) 
power of arrest and the method of selection for the NISS Director 
and his deputies (refetl).  Wek showed poloff the NCP's latest 
version of the draft bill, which he said was "worse than its 
previous version."  He pointed to one example as the NCP's change of 
wording to refer to NISS as a "regular organized force" rather than 
a "service."  According to Wek, this is dangerous because it 
provides NISS with its own military or police-like authority.  Wek 
says the two parties continue to disagree on the basic authorities 
and responsibilities of NISS.  The SPLM contends that it should only 
be an intelligence-gathering service that advises and recommends 
security measures to other authorities (such as the Attorney 
General's Office), while the NCP argues that it should have broad 
arrest and detention authorities. 
 
¶6. (SBU) Wek noted that there has been no progress on the Southern 
Sudan Referendum Bill for months.  According to the State Minister, 
the SPLM is still waiting for the NCP's post-2011 arrangements 
proposal before negotiating on the Referendum Bill (a stipulation 
made by the NCP).  Wek noted that if the USG is to help pressure the 
parties into legislative reform, it should focus its efforts on the 
Southern Sudan Referendum Bill, so that a Commission can be 
established and referendum preparation can get underway.  "I would 
appreciate it if the USG could emphasize the need for consensus to 
be reached on the Referendum Bill, because it is the one piece of 
legislation that if not agreed upon, could convince people to go 
back to war," said Wek. 
 
BILLS OUTSTANDING WITH THE NCP 
- - - - - - - - - - - - - - 
¶7. (SBU) At least a dozen more bills are outstanding with the NCP 
for its review, said Wek.  These include laws on public service, 
customs, civil defense, telecommunications, civil records, banking, 
the Abyei referendum, the popular consultations in Blue Nile and 
Southern Kordofan, and others (reftels). 
 
COMMENT 
- - - 
¶8. (SBU) The GNU's track record of substantive reform on national 
legislation since the signing of the CPA has been disappointing. 
The CPA parties have been engaged in a painfully slow process of 
incremental give and take on some legislation, while debate on other 
legislation is completely stalled, and reform of the media/press law 
is not what the international community had hoped.  The NCP has 
shown that it is completely unwilling to budge on the powers of 
NISS.  This is not surprising, as NISS is the regime's strongest 
tool for retaining control over the state apparatus and staying in 
power.  Also not surprising is the fact that the NCP has hijacked 
the debate on the Southern Sudan Referendum Bill, holding it hostage 
in exchange for the SPLM's agreement on post-2011 arrangements; the 
NCP would prefer to delay this discussion (and the referendum) as 
long as possible.  However, it is a risky course of action, since 
attaining a free and fair referendum on secession is the core 
political objective of the SPLM and ninety percent of southerners 
(according to polling data).  While the pace and substance of 
legislative reform has been sub-par, Wek correctly points out that 
the one bill - if not agreed to by the parties and passed by the 
National Assembly - that can cause this country to go back to war is 
the Referendum Bill.  The USG should put emphasis on the parties' 
need to reach consensus on this bill quickly so that 2011 referendum 
preparation (the end game of the CPA, particularly for the South) 
can get underway in a peaceful fashion.  This can best be achieved 
through trilateral discussions on CPA implementation between SE 
Gration, the SPLM, and the NCP.  The USG should also emphasize that 
post-2011 arrangements in the event of unity or separation are 
important and should begin immediately begin, but should be delinked 
from the negotiation and passage of the Southern Sudan Referendum 
Law.  The referendum must occur regardless of what assurances are 
provided to the North, though it is in the interests of all Sudanese 
to ensure that this is a peaceful process.  Assurances on oil wealth 
sharing (whether in the form of transit fees or some other 
formulation), debt burden sharing, and other issues are the best way 
of promoting a peaceful process to the greatest extent possible. End 
Comment. 
 
FERNANDEZ