General Lazarus Sambeyweo

Special Envoy to the IGAD

On Peace in the
Sudan

POSITION OF THE SUDANESE CIVIL SOCIETY ON THE JUST AND
LASTING PEACE IN THE
SUDAN.



We the members of the Sudanese Civil Society
Organisations, comprising NGOs, CBOs, Youth, Women,
Faith-based Groups and Professional Associations
hailing from southern Sudan, the Nuba Mountains and
Southern Blue Nile and representing our various
umbrella networks, namely the Federation of Sudanese
Civil Society Organisations [FOSCO], New Sudanese
Indigenous NGOs Network [NESI-Network], New Sudan
Women Association [NSWA], New Sudan Youth Association
[NSYA], South Sudan Indigenous NGOs Co-ordinating
Council [SSINCC] and Sudanese Women Association in
Nairobi [SWAN], met in Nairobi, Kenya on Friday July
5th, 2002, and this Position Paper in our view, sets
the basis of Peace Agreement in the Sudan:



Preamble


Cognisant of the tragic fact and reality that Sudan
has been deeply divided along racial, religious and
class lines and consequently resulting in populations
without a common heritage nor destiny which, has led
to inequitable wealth, resources uneven development
and unfair power sharing among other forms of
discrimination and policies of deliberate
marginlization and neglect.

Reaffirming our confidence in the IGAD Peace Process,
under the leadership of President Daniel Toritich Arap
Moi, and its Declaration of Principles, as the only
viable and credible platform for a negotiated
comprehensive peaceful settlement to the Sudanese
conflict;

Appreciative of the more visible role now being played
by the Regional and International Communities in
bringing about a lasting peace in our country;

Aware of the fact that all the issues of contention
have been explicitly brought out in the various rounds
of negotiations between the parties to the conflict;
and

Demanding the inclusion of the civil society in the
process of peace making in the Sudan without any
further delay.



Hereby present the following position to expedite an
immediate cessation of hostilities and lasting peace
with justice in the Sudan.



1.                Sovereignty

Sovereignty and identity lie with the people of Sudan
in their variegated and different social, cultural,
religious and racial formations and not with the
Arab-dominated Sudanese state, per se.

2.                Self-determination

2.1            Self-determination is a democratic as
well as a human right of all people around the world,
and not least for the population of Sudan;



2.2            The people of South Sudan, within the
borders of January 1st, 1956, shall exercise this
right in an internationally supervised referendum
during the interim period of two (2) years, with the
following options: -



2.2.1    Union; or

2.2.2    Secession



2.3            The people of Abyei shall exercise the
right to self-determination in a referendum before the
referendum in South Sudan to choose whether they shall
remain part of South Kordofan or be joined with Bahr
el Ghazal. Should they opt to join Bahr el Ghazal,
then they shall therefore exercise self-determination
together with the people of southern Sudan;



2.4            The Nuba people shall exercise the
right to self-determination before the end of the
interim period, and after the referendum in the South
Sudan
. The Nuba people shall have the following
options:-



2.4.1    Unity with northern Sudan;

2.4.2    Unity with southern Sudan; or

2.4.3    Independent Statehood.



2.5.         The people of Southern Blue Nile shall
exercise their right to self-determination in a
referendum concurrently with the Nuba people and shall
have the following options: -



2.5.1    Unity with northern Sudan;

2.5.2    Unity with southern Sudan; or

2.5.3    Independent Statehood.



3.                Union

Recognising that religious, racial and cultural issues
are the causes of the instability and suffering of the
people for a historic amount of time, we the civil
society of South Sudan, Nuba and South Blue Nile
acknowledge that the people of the Northern State have
their rights to rule themselves under Islamic laws.
Thus, we also have our rights to rule ourselves in a
democratic secular Southern State within a union
arrangement.



3.1          Organs of Union State: There shall be a
Union Government based in a neutral capital agreed
upon by all the parties concerned, Union Supreme
Court, Union Parliament, Union Security Forces and
Union Secular Constitution.



There shall be a Northern Islamic State Government
with its Islamic High Court, Parliament, State
Territorial Army and State Security Forces.  And the
South Democratic State Government, High Court,
Parliament, State Territorial Army and State Security
Forces.



3.1.2 State and Religion: Under a Union State it shall
be enshrined in the Constitution that the Union
Government shall be democratic and non-theocratic.
Sources of legislation of Union Supreme Constitution
shall not be based on the basis of any religion.



4.                Referendum

4.1    A Referendum Protocol shall be agreed upon by
the parties and shall become part and parcel of the
Peace Agreement; and



4.2    There shall be established a ėReferendum
Commissioní composed of the parties to the conflict,
the Regional and International Bodies, namely IGAD,
the African Union, European Union, Troika (USA, UK and
Norway) and the UN Department of Political Affairs
[UNDPA].



5.                The Interim Period

5.1    There shall be an interim period of two years
duration between the signing of the Peace Agreement
and the referenda in South Sudan, the Nuba Mountains
and Southern Blue Nile;



5.1.2    During the Interim Period, Sudan shall have
three (3) Constitutions: Northern Constitution
[Islamic], South Constitution [Democratic] and a Union
Constitution [Democratic and Secular] and five (5)
Political Entities: South Sudan Entity, Northern Sudan
Entity, the Nuba Mountains Entity, Southern Blue Nile
Entity and Union Entity;



5.1.3    Alternate Union Government should be formed,
of which the South Sudan Democratic State to lead
during the first phase of the Interim Period.



5.1.4    Oil exploitation should be stopped during the
interim period.



6.                Security Arrangements During the
Interim Period

6.1    The SPLA shall remain intact in South Sudan,
the Nuba Mountains and in Southern Blue Nile;



6.1.2 There shall be a separation of Belligerent
Forces, namely the GoS Forces and the SPLA. The GoS
Forces shall be moved to north of latitude 13 fN;



6.1.3 There shall be International Peacekeeping Forces
and Monitors placed along the latitude 13 N and where
the Technical Military commission deems necessary and
appropriate.



6.1.4    The SPLA and the GoS Armed Forces shall be
treated equally during the interim period in terms of
logistics, salaries, and privileges;



6.1.5 The principles of equitable wealth sharing shall
be determined in the peace agreement.



6.1.6 There shall be established a Joint Technical
Military Commission composed of the GoS and SPLM/A and
an internationally agreed force; and



6.1.7    The three entities; namely South Sudan, Nuba
Mountains
and Southern Blue Nile; shall during the
interim establish regional and international
diplomatic, bilateral relations, commercial, cultural,
including funding.

6.1.8    Repatriation of internally displaced persons
(IDPs) and refugees to be facilitated during the
interim period to help exercise their right to
self-determination.



7.                Guarantees

7.1         Violation of any article of the Peace
Agreement during the interim period shall be urgently
brought to the notice of the witnesses to the peace
agreement.



7.1.2 Once the Peace Agreement has been nullified as a
result of its violation, the three entities, namely
South Sudan, Nuba Mountains and Southern Blue Nile,
shall declare unilateral independence either
separately or in unison,



7.1.3 Should the Union arrangement becomes an option,
the Southern State shall maintain its Territorial Army
and other security forces while contributing to the
Union Army and Security Forces.

7.1.4 The Witnesses to the Agreement shall ensure that
the violation to the Agreement is rectified within a
period of fifteen (15) days through intervention or we
shall declare an independent state/states.



8.                Witnesses

8.1    The following countries: Eritrea, Ethiopia,
Uganda, Kenya [representing IGAD], the African Union
(AU), the Troika [United States of America, United
Kingdom and Norway], the Republic of South Africa,
Nigeria and Arab League of States shall be witnesses
to the Peace Agreement between the GoS and the SPLM/A;



8.1.2    The role and responsibility of the witnesses
is to deploy monitors, fund and provide necessary
logistical support for the process, and evaluate the
progress of the peace process, and oversee the smooth
implementation of the Peace Agreement.



9.                Conclusion

According to the document dated 30th June by the
facilitators of the present round of the IGAD talks,
we as civil society organisations have noted that this
document carries a historical date for the NIF coup of
30th June 1989.  Thus, we highly suspect that the
document must have originated from the NIF government
for their political means.  Meanwhile, we realise that
the IGAD talks started on the 18th of June ñ 20th July
2002
.  If any document should have been drafted, it
should have been dated before 30th June.



And in final and ultimate conclusion, it must be
stated here that it is only the people of South Sudan,
Nuba Mountains and South Blue Nile who will decide for
their own destiny like other people of the world.






Nairobi, 5th July 2002



Signed:





FOSCO CHAIR         NESI COORDINATOR            SSINCC
CHAIR







NSWA REP.          NSYA CHAIR
SWAN DIRECTOR









cc. Troika, SPLM, GoS, IGAD countries, AU, Arab League
of States, EU, Governments of Nigeria and South
Africa, the New Sudan/Kenya Friendship Society, the UN
Secretary General, OLS and non-OLS NGOs