VZCZCXRO9056
OO RUEHROV RUEHTRO
DE RUEHKH #0965/01 2350744
ZNR UUUUU ZZH
O 230744Z AUG 09
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4292
INFO RUCNIAD/IGAD COLLECTIVE
RUEHGG/UN SECURITY COUNCIL COLLECTIVE
RHMFISS/CJTF HOA

UNCLAS SECTION 01 OF 02 KHARTOUM 000965 
 
NSC FOR MGAVIN AND LETIM 
DEPT PLS PASS USAID FOR AFR/SUDAN 
ADDIS ABABA ALSO FOR USAU 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KDEM SOCI EAID PHUM AU UNSC SU
SUBJECT: YASSIR ARMAN: REFERENDUM LAW IMPASSE AND POPULAR 
CONSULTATION LEGISLATION 
 
REF: A) KHARTOUM 952 B) KHARTOUM 905 C) KHARTOUM 743 
¶1. (SBU) SUMMARY: In an August 10 meeting, Deputy Secretary General 
of the Sudan People's Liberation Movement (SPLM)'s Northern Sector 
and SPLM National Assembly Caucus Chairman, Yassir Arman, said SPLM 
believes national legislation is necessary to conduct popular 
consultations in Blue Nile and South Kordofan, decried NCP 
obstructionism in negotiating the stalemate over the Referendum 
bill, rejected the census as a basis for the elections, and 
commented on delays in Vice President Kiir's travel. END SUMMARY. 
 
¶2. (SBU) Arman briefed PolOffs on First Vice President and President 
of the Government of Southern Sudan Salva Kiir's August 9 meeting 
with President Bashir and Second Vice President Taha.  The meeting 
was a follow up to commitments made in the Special Envoy's 
trilateral talks to address critical issues at a high political 
level.  The meeting focused on implementation of the Permanent Court 
of Arbitration decision on Abyei.  Kiir and Bashir agreed to form 
technical committees to implement the Abyei decision.  Both parties 
agreed to nominate members to the committees.  Arman noted that the 
Border Commission issues (Ref. A) and Referendum law were brought 
up, but nothing came of the brief discussions. 
 
------------------------------------------ 
Arman: Law Needed for Popular Consultation 
------------------------------------------ 
 
¶3. (SBU) Arman told PolOffs that national legislation will be 
necessary for the popular consultations in Blue Nile and South 
Kordofan states. (NOTE: The CPA is unclear if National Legislation 
is required.  It essentially leaves it up to the parties to decide. 
The SPLM's interprets the CPA's language as requiring national level 
legislation.  This SPLM interpretation is new.  END NOTE.)   The 
SPLM's reasoning is that, without the "national commitment" to the 
popular consultation process that will come from passing 
legislation, there is the risk that the NCP will fail to recognize 
as legitimate the end result of any process that does take place, 
especially if the end result is unfavorable to their interests. 
Arman acknowledged that the requirement for legislation will add to 
the extensive list of bills that the National Assembly must pass 
during the brief October through December legislative session. 
 
---------------------- 
Referendum Law Impasse 
---------------------- 
 
¶4. (SBU) There has been no progress in the negotiations on the 
Referendum bill, Arman said (Ref. A).  He accused National Assembly 
speaker Ahmed Ibrahim Al-Tahir of working to "make secession 
difficult" for the South.  He was also critical of Badria Suleiman, 
Chairperson of the National Assembly's Legal Affairs Committee, who 
he claimed has put impediments in the path of negotiations, and who 
he said is taking a "hard line."  Arman was particularly troubled by 
her remarks that she would like to "make unity attractive by law" 
thereby insinuating that the Assembly would produce an unworkable or 
problem-laden referendum, calling the remarks "dangerous." 
 
¶5. (SBU) Arman applauded the Special Envoy's successes in refocusing 
the parties and the international community on the CPA.  However, he 
cautioned that the NCP "knows Americans and will tell them whatever 
they want to hear."  He was hopeful that with clear objectives, the 
Special Envoy will successfully resolve some outstanding issues. 
 
--------------------------------------------- --- 
Census Results Necessitate Demarcation Rejection 
--------------------------------------------- --- 
 
¶6. (SBU) Moving on to the census, Arman adamantly rejected the 
census results as a basis for demarcation of constituencies in the 
Northern Sector as well as the rest of the country.  He reiterated 
that the SPLM will not accept the census and they will not accept 
demarcation and delimitation of constituencies of the border based 
on the census results.  Arman said the NCP had rejected out of hand 
a number of proposed solutions to the census problem. 
 
--------------------------------------------- ----- 
NCP Threatens to Lift Arman's Legislative Immunity 
--------------------------------------------- ----- 
 
¶7. (SBU) Arman said that his comments about the Public Order Police 
(POP) (NOTE:  Arman supposedly accused the POP of "taking advantage 
of the women they arrest and bargain with them for their honor and 
exploit their fear from their families"  END NOTE.), have resulted 
in efforts by the NCP to lift the immunity from prosecution that 
Arman enjoys as a legislator.  He defended his comments as part of 
his job as a legislator.  In that role, Arman believes the "indecent 
 
KHARTOUM 00000965  002 OF 002 
 
 
dress" law (Ref. B) should be amended or repealed.  Arman noted he 
stands in solidarity with Lubna Hussein, a women currently standing 
trial for violating the law by wearing pants, and who has made a 
public stand to challenge and repeal the law.  Only the Speaker of 
the National Assembly has the right to lift another member's 
immunity and only after an investigation, Arman said, but the 
Speaker is an NCP member.  Arman also said that the POP may pose 
problems during the election because they operate at the political 
will of the ruling party. 
 
 
¶8. (SBU) Arman confirmed that First Vice President Kiir's travel to 
Blue Nile State on August 11 took place, but that travel to North 
and South Darfur would be delayed due to an SPLM political bureau 
meeting and the start of Ramadan.  (NOTE:  Kiir's trips, which are 
sensitive and stir up controversy with the NCP, are often delayed. 
END NOTE.) 
 
¶9. (SBU) COMMENT: Arman, a member of the SPLM's inner circle, seemed 
unconcerned about crafting a strategy to deal with stalemates on the 
divisive issues with which he is charged.  On the contrary, we 
suspect he is one of the drivers of remaining SPLM sticking points 
that have prevented the elections and referenda processes from 
moving forward. 
 
WHITEHEAD