Civil Society for the Future of Sudan

 

Justice Africa Sudan Vision of Sudanese Civil Society for the Future of Sudan Conference

Under the theme ‘Moving towards a Civic and Democratic State’

Report

Khartoum, 15-16 October 2011

 

Under the theme of “Moving towards a Civic and Democratic State,” Justice Africa Sudan hosted a two day conference in Khartoum on October 15 and 16, 2011. The conference brought together a significant number of Sudanese scholars, journalists, activists, civil

Society activists, politicians and foreign observers for two days intense and condensed discussion. Justice Africa Sudan is a local Sudanese non-governmental organisation (NGO) working for human and civil rights through the promotion of democracy, conflict management, peace-building and community-focused capacity-building.

The conference was born as a result of several events and workshops and was a conscious attempt to bring together key figures from Sudan’s civil society and academia in order to discuss the ongoing crises facing Sudan.

Hafiz Mohamed, the director of Justice Africa began by describing Sudan’s political and humanitarian situation in 2011, pointing to the conflicts in Blue Nile and Southern Kordofan, as clear failure of the Comprehensive Peace Agreement (CPA) to bring the needed sustainable peace, and a genuine democratic transformation, as well as the unresolved war in Darfur and the escalating economic crisis which was exacerbated by separation. Sudan has faced many challenges since its independence and the 2005 CPA brought Africa’s longest-running civil war to an end, but it did not change the state’s policies in managing diversity, didn’t resolve the religious state vs. civil state dilemma and did not manage to engage Sudan’s active civil society. Sudan has one of the most active civil societies in the region; however, their role has been minimal since the signing of the CPA. Even as they continue to produce reports, papers and recommendations, their documents are shelved, gathering dust in government offices. Participants in the conference agreed that the lack of civil society involvement in Sudanese society is mainly due to structural barriers imposed upon them by the ruling party. Thus, the conference aimed at mobilizing civil society to take on a proactive role in contemporary Sudan in constitution-making, fighting for civil , economic and political rights, urging the government to adopt sound economic policies for managing North Sudan’s diversity, and addressing the ongoing conflicts.

The conference discussed four key issues in ten working papers, and conference delegates participated in enriching deliberations that resulted in conference communiqués and final recommendations.

The Conference main issues and Papers

Over two days and eight sessions the conference delegates discussed the following:

Session I: The Constitution and Civil Rights

The issue was discussed through two paper presentations

1- The Challenges of Crafting a Constitution and Laws in Sudan was presented by Taha Ibrahim, a prominent lawyer with a wealth of experience in constitutional matters. He stated that, technically, Sudan has not had a valid constitution since July 9th 2011. A committee was supposed to have finished drafting a new constitution to replace the 2005 interim constitution before South Sudan’s separation. Sudan’s first constitution, explained Mr. Taha Ibrahim, was only a constitution by name since it was in practice the same law of self-rule that was drafted by the British before January 1956. Mr. Ibrahim went on to discuss the challenges that face constitution-making in Sudan, adding that Sudan does not have a constitutional tradition. After Sudan’s revolution against the Abboud military dictatorship in October 1964, there were efforts to draft a constitution, but the process was aborted following one discussion in which the Islamists attempted to impose an Islamic-themed constitution while Southerners pushed for a civil constitution. Many factors have sabotaged the constitutional debate in Sudan, namely tribalism, racism and political Islam. Sudan’s age-old slavery system has created hierarchies among different ethnic groups and elevated the status of North and Central Sudanese inhabitants, who ruled and dominated the rest of the country. This bitter history was exacerbated by racist government policies since independence that have made equality very difficult to achieve. Without such equality, the creation of a constitution has remained extremely problematic.

2- The Challenges Facing Civil Society was presented by Dr. Amen Maki Medani, a former diplomat and lawyer specialised in international law. He explained that civil and political rights are procured and guaranteed by civil society. Dr. Medani has worked in the field of human rights at the United Nations(UN) for decades in Iraq, Afghanistan another countries, and he believes that this kind of dialogue needs to involve the community as a whole.“We have to involve people, train them, spread the culture of human rights awareness, and work on establishing networks between individuals and organizations in different parts of Sudan,” said Medani. He added that civil society leaders from different parts of Sudan used to meet in places such as Nairobi and Kampala since there are barriers to travel inside Sudan—in particular, security clearances.“We need to communicate. We lost the South due to a lack of interaction between civil society organizations and politicians.” For civil society to play a needed role in leading the economic and social transformation, many laws will need to change, including the Voluntary Work Act and laws regarding media and publications.

 

Session II: The Crisis of Governance in Sudan

The second session in day one brought up commonly discussed topics, such as federalism in Sudan—a concept that has been scrutinized and debated for decades by Sudanese intelligentsia. It also touched upon certain controversial topics, particularly the Islamic constitution. This prompted some guests to argue that an Islamic constitution needs to be defined. Sudanese President Omer Al Bashir has called for an Islamic state governed by Sharia which made some confused, as they had thought that Sudan had been an Islamic state since the 1989 coup. If the president wanted to introduce new type of Islamic Sharia, that would raise a large challenge for civil society and those who have pushed for a state based on citizenship and equal rights.

 

Two working papers were presented 1- Sudan from Decentralisation to a Federal System presented by Prof: Awad Sayed Karsani and 2- Towards a Federal System Suitable for Sudan- presented by Dr Sidig Ummbada. The two presenters used different approaches and methodologies but they reach the same conclusion: that the federal system is the best system for governance in Sudan. Prof. Awad thinks that now that the South has separated there is a chance for Sudan to agree on a new federal system, and thus resolve many pressing issues in Sudan. The current governance, he argues is based on a type of centralisation on power inherited from the colonial era and has led people in the peripheries feel marginalised, pushing many of them to carry arms against the central government.

 

 

 

Session III: The Economic Crisis

 

Day one was wrapped up with a session on the current challenges facing Sudan’s economy. The session was spirited and inquisitive, since the deteriorating economy has sent chills down the spines of every Sudanese citizen. The first speaker, Mr Hafiz Mohamed (Justice Africa Sudan’s Director), summarised the problems afflicting the Sudanese economy as well as the negative impact of losing large amounts of oil revenue due to the separation of the South Sudan. Other issues that he touched on include:
1- Budget deficits 2- low economic growth 3- a high rate of unemployment, especially among youth 4- a balance of payment deficit 5- weak national currency 6-increasing levels of poverty

The main reason for all these problems are 1- high spending in wars and security 2- widespread corruption 3- neglect of agriculture and other industries due to an exclusive focus on oil exploration in the last ten years. He also highlighted  difficulties facing Sudan and its inability to face the shock of losing oil revenue due to structural weakness of Sudanese economic and the neglected to the main sector (agriculture) in the last 20 years. The Sudanese economic problems are linked to the government policies which led to many wars and instability, without serious political reforms Sudan will not be able to overcome its economic difficulties.

 

Mrs. Abda Al Mahdi, a London School of Economics (LSE) graduate, prominent scholar, and former finance minister dropped a bomb when she told announced that the economic situation will get much worse. "We will begin feeling the real economic crises after November since the payment for July’s oil output will be received in October, "explained Al Mahdi. The IMF has stated that the Sudanese economy will shrink in 2011-2012 by an estimated -0.2% in 2011 and -0.4% in 2012. This is down from the 6.5% growth in 2010and an average of 6.7% from 2003 to 2009. “The income that came from oil was not invested in developing industry, agriculture or services; it was spent on infrastructure,“ explains Sarah Abo, a well-known psychologist. Sudan is facing several problems, she added. Inflation has risen due to the collapse of the Sudanese pound. This has prevented many people from addressing basic needs due to increasing prices and rising rates of unemployment. “Even with little power to change things, we are mobilizing to improve our conditions. The meat boycott, for example, was a success.” The famous meat protest was organized by the Sudanese Consumer Protection Society and the protest was an organized attempt to lower the price of all meat products. The government tried to contain the protest swiftly in order to avoid further protests; however, the capital has witnessed protests against the alarming food prices in late September and early October. The protests against the increase in food prices have also spread to other states in Sudan as reported by international media outlets. The crisis in Sudan has proven to extend further than high food prices. Inflation is expected to rise as the Sudanese economy suffers for the next few years.Mr.Hafiz Ismail, the director of Justice Africa and Mrs. Al Mahdi brought up external factors that contribute to deepening the economic crises. Sudan has weak international relations and is under severe US sanctions that are crippling to the economy. It has been campaigning for debt relief under the Heavily Indebted Countries (HIPC) Initiative; however, to be part of the initiative, countries need to undergo political and economic reforms and Sudan’s government is unwilling to implement reforms. Sudan’s international debt amounts to $38 billion. Annually, the debt servicing costs are at least $1 billion, and unfortunately, Sudan’s debt will be difficult to clear since most of it is owed to commercial creditors instead of governments and international organizations. For over a decade, Sudan’s largest source of income has been oil, and after separation, it has lost roughly 75% of this revenue. The country’s remaining income has been monopolized by the security apparatus for the conflicts that are raging simultaneously in Darfur, Southern Kordofan and Blue Nile, each of which has their own bloated security budget.

 

 

 

 

Session IV: Pluralism, Diversity and Cultural Rights

Two issues remain crucial for the resolution of the identity crisis facing Sudan. These are: a-Managing diversity b- Cultural rights for different ethnic groups. Two papers presented by Dr Musa Adam Abdel Jalil, head of Social Science Department at the University of Khartoum and Dr Isha Al Karib, civil society activist discussed these issues. Dr Musa discussed the views of civil society members on the issues of diversity and cultural rights. He stressed that diversity and plurality in identities belongs within human societies, and he differentiated between belonging to a tribe and belonging to a homeland. The former is based on an intersection of biology and affiliation, while the latter is based on the intersection of geography (i.e. Spatial identity). Mismanagement of diversity in a modern state plays a negative role in the social stability and state cohesion. He argued strongly against a modern state giving itself a religious identity, arguing that in light of globalisation, that sort of identity has become a thing of the past. The question of national identity is not an emotional matter, he argued, but needs to address issues related to people’s needs and aspirations. The right approach to addressing the issue of diversity is to implement a proper federal system which recognises minority rights and encourages participation in decision making. Dr Isha criticised Sudanese civil society for not using diversity as the basis for analysing and understanding the problems facing Sudan. She believed that managing diversity will require recognition of international human rights conventions, covenants, and democratic principles, and she argued that civil society must push for full recognition of diversity in terms of culture, languages, religious and beliefs.

Session V: The Dialectic of War and Peace

In the 55 years of Sudan’s independence it has only seen peace for 10 years (1972-1983). This session addressed the topics of war and peace. Two papers were presented, the first by veteran journalist Mr Mahjoub Mohamed Salah with the title Sudan: Risk of War and Chances of Peace and the second presented by Dr Mohamed Yousief Ahmed Al Mustafa, a social science lecturer and former Labour Minister, by the title Sociology of War and Peace. The two papers analysed the phenomenon of war in Sudan and its impact on political development, society as a whole, cultural ideology and ethnicity, and it pointed to wasted opportunities for peace and peaceful co-existence throughout Sudan’s history. Dr Mohamed described war as a social phenomenon even if many attempted to relate it to other, tangible factors. Mr Mahjoub traced the history of conflicts in Sudan and described the failure of political elites to tackle the crisis in South Sudan. Dr Mohamed believed that huge steps needed to be taken to restructure Sudan politically and socially, allowing the country to learn from history in order to ensure peace sustainability and successful co-existence. He argued that the Comprehensive Peace Agreement opened the path for changes but that its failure in implement has made it less effective.

The two presentations concluded that peace will only be accomplished by establishing a democratic system that takes into account cultural, ethnic, religious and linguistic diversity and that must be reflected in all levels and structures of governance in the country. Just signing a peace agreement and stopping outright war will not resolve Sudan’s problem and ensure that peace is sustainable.

 

Conference Recommendations

 

The conference successfully concluded its work and issued its final statements, calling for a new Sudanese social contract that adhered to the provisions of the Comprehensive Peace Agreement. The conference participants in the concluding session as well as the committee outlined a list of recommendations that include security provisions:

 

1. 1.Encourage a broader method of religious understanding, as the alternate is the Salafi (radical Islam) method. A broader religious understanding will help to build the country legally and allow for a greater balance of tradition and reform as well as religion and human rights.

 

1. 2.The new constitution must reflect and maintain in its provisions all rights in international convention and covenant as well as the right to development, and it must work to protect the country socially.

1. 3.The government’s organization must reflect the culture of its citizens and secure the role of intellectuals, as they undertake an original and important role by creating projects to address viewpoints and to challenge others views on many essential issues in order to further develop the country culturally.

1. 4.Sudan must enter into international and regional agreements, like CEDAW, the Convention against Torture, and the ICC, and put into place provisions domestically that adhere to them. Maintaining these goals is very important, and incorporating these agreements into the national constitution will reinforce their importance.

1. 5.Abolish all laws organizing non-governmental organizations work, issued in 2006, and replace them with the laws consistent with a constitution right to organize that do not bind or pose unjustifiable restrictions from executive or security powers.

1. 6.After the separation of the South and the outbreak of war in South Kordofan and Blue Nile due to issues of identity and marginalization, civil society now demands that twice as much effort be expended paying attention to the lack of recognition of marginalized citizens. This will help to ward off the fractionalization that the country currently faces.

 

1. 7.Abolish current security laws ratified at the end of 2010 that fundamentally conflict with the CPA and provisional constitution and violate international human rights standards.

1. 8.Review the role and practices of the national security and intelligence apparatus and enact the provisions agreed upon in the Naivasha agreement, which does not give the security apparatus the power to carry out law.

                                                                                                                  

1. 9.Abolish the current trade unions law and replace it with law that supports freedom to organize as is complied with in democratic society.

1. 10.Current laws of the press are defective and clearly violate the text of Article 19 of the International Convention on Civil and Political Rights, and they must be eliminated and replaced with laws restoring the right to provide information and essential freedom of expression.

1. 11.Civil society organizations must work at all levels to initiate the National Commission for Human Rights, that has issued laws for nine years either on the basis of current laws or amending them when it is called for.

1. 12.Civil society must call specifically for the establishment of a state of social and economic rights and strive unabated to introduce and work for these rights, including rules assuring this in the country’s national constitution.

1. 13.It is necessary to return to the historic provinces when districting the country. For districting (nation state) represents a departure from all the current crises. The experience of constructing decentralized organizations clarified that this is essential to creating a shared peace and deepening feelings of citizenship.

1. 14.The current type of state decentralization must be amended or slowly eliminated and construction of a nation state must occur and it must represent a hierarchical outlet to current rule, with construction of a truly decentralized state that not only identifies but defines the characteristics of a Sudanese state that promotes consensus nationally.

1. 15.Work must be done to achieve national security agencies, the powers of order (the army and police), a judiciary, and the media.

1. 16.Parties that call for an Islamic constitution and the imposition of Sharia law must accept pluralism and peaceful changes of power.

1. 17. Armed movements fighting for the rights of marginalized region must state clearly their commitment to a democratic system, their comprehensive refusal of totalitarian systems, and their total preparation to dissolve their forces in the absence of factors that lead to their original formation.

1. 18.Addressing the economic situation after the separation of the South and the loss of a large part of the oil reserves requires radical political reform, including bringing security to Darfur and an immediate stop to the war in South Kordofan and Blue Nile, fighting corruption, and dealing with transparency with all issues concerning public money and its administration. Additionally, Sudanese relations with international community must be addressed in a way that seeks strategic reform for the country. Finally, it is necessary to create a favorable investment climate in order to attract capital regionally and state wide.

1. 19.Civil society organizations must work to encourage a culture of peace and cultural rights for groups and individuals and guarantee the participation of minorities in undertaking decisions. This will create a climate that can address issues of pluralism and managing religious and ethnic diversity within all provinces of Sudan and will assure equality for all citizens, ignoring ethnicity, religion, and social background.
2. 20.In order to address the current reasons for war in South Kordofan and Blue Nile and increase opportunities for peace, it is necessary to stop the outbreak of gunfire in these regions and to encourage mature dialogue. This will begin the integration of the state with the goal of achieving the ambitions of its people in a one country framework.
3. 21. The conference call for immediate cession of hostilities in South Kordofan and Blue Nile states and open safe corridors for humanitarian organizations so they can deliver the needed humanitarian assistance and the warring factions must immediately engage in negotiations to resolve the current conflict by political means.

1. 22.Sudanese civil society must establish strong relationships with civil society organizations in South Sudan in order to increase historic links and shared interests between the two countries and to strengthen and maintain the rights of Southerners in the North and Northerners in the South.

1. 23.The conference reaffirmed the importance of supporting Sudanese civil society organizations and building their technical and organizational capacity, with special attention to CSOs in the marginalized areas.

1. 24. The conference reaffirmed strengthening civil society organizations working in the fields of youth empowerment and awareness, raising the abilities of new and emerging generations, and bridging the generational gap among segments of the community through innovative strategies. Many of these strategies were imposed by globalization and formidable technological progress in modern sources of communicate