SPLM, SLM TO COOPERATE ON LEGAL FRAMEWORK FOR DPA

UNCLAS KHARTOUM 001063 SIPDIS DEPARTMENT FOR AF A/S FRAZER, AF S/E NATSIOS, AND AF/SPG NSC FOR PITTMAN AND SHORTLEY SENSITIVE, SIPDIS E.O. 12958: N/A TAGS: PGOV PREL SU SUBJECT: SPLM, SLM TO COOPERATE ON LEGAL FRAMEWORK FOR DPA ¶1. (SBU) During a July 3 meeting in Khartoum, Government of Southern Sudan (GoSS) Minister of Legal Affairs and Constitutional Development Michael Makuei Lueth and Sudan Liberation Movement (SLM) legal counsel Abdulaziz Sam discussed the importance of developing a plan to integrate the Darfur Peace Agreement (DPA) and the Transitional Darfur Regional Authority (TDRA) into the national legal framework. With Poloff in attendance, Makuei and Sam agreed that the SLM and the Sudan People's Liberation Movement (SPLM) should cooperate on the technical and political levels to incorporate the DPA and the TDRA into the interim national constitution (INC) and to ensure that the three Darfur state constitutions were consistent with national law. ¶2. (SBU) Sam noted that the NCP-appointed governors of the three Darfur states were creating new positions in their administrations and re-districting areas of the states contrary to the spirit of the DPA. Makuei said that the first step would be to codify the provisions of the DPA and the institutions of the TDRA in the INC. The constitution was "more powerful" than presidential decrees or parliamentary legislation and would force accountability. At present, the absence of a reference to the DPA and the TDRA in the constitution allowed the National Congress Party (NCP) to stall effective implementation of the agreement. ¶3. (SBU) Integration of the TDRA into the INC would act as a "springboard" for addressing legal issues at the state level, according to Makuie. He stressed that the NCP's attempts to undermine the institutions of the DPA were a threat to the Comprehensive Peace Agreement (CPA) and the constitution and pledged SPLM technical and political support. He promised to raise the issue with the senior SPLM leadership, including First Vice President Salva Kiir. ¶4. (SBU) Makuei and Sam agreed that the SPLM and the SLM would establish a more formal working-level relationship to analyze the legal status of the DPA and the TDRA and chart next steps. Two of Makuei's "legal experts" were coming to Khartoum from Juba on July 10 and would meet with Sam. Makuei asked that the National Democratic Institute (NDI),which had provided valuable technical expertise to the GoSS during the development of the state constitutions in Southern Sudan, be engaged to support the review of the DPA and TDRA. FERNANDEZ