NATIONAL ASSEMBLY FINALLY PASSES ELECTION LAW

UNCLAS SECTION 01 OF 02 KHARTOUM 001014 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL KSCA OTRA EAID CDC SU SUBJECT: NATIONAL ASSEMBLY FINALLY PASSES ELECTION LAW REFS: A) Khartoum 942 B) Khartoum 961 ¶1. (U) SUMMARY: After weeks of delay, the Sudan National Assembly (NA) finally passed the electoral law July 7, capping a contentious special legislative session called specifically for the purpose of passing the law. The law provides the legal groundwork for holding nationwide elections in 2009, as required under the terms of the Comprehensive Peace Agreement (CPA). The bill as passed largely reflects a deal worked out between the NCP and the SPLM (details Ref A). However, during the legislative debate, the threshold for parties to be represented in the NA was reduced from five to four percent in an attempt to placate the smaller parties. The bill provides for 25 percent of the seats to be allocated to women, who will be nominated and presented on a separate list. The next step towards the elections is for the President to appoint (and the National Assembly to approve) the nine members of the new National Electoral Commission (NEC),which is to organize the elections. The NA is expected to be called back in a special session to approve the President's nominees. END SUMMARY BILL PROVIDES FOR HYBRID VOTING SYSTEM -------------- ¶2. (U) The NA approved the bill with 350 yes votes from the 366 members present. Fifteen voted no, most of them from the NDA. Dirdeiry Mohamed Ahmed, NCP MP and member of the National Constitutional Review Commission, told Embassy that the passage of the law marks one of the most significant milestones to date for CPA implementation. As passed July 7, the bill provides for a hybrid voting system, with 60 percent of seats to be decided by a first-past-the-post basis, and the remaining 40 percent determined by proportional voting. The proportional vote will take place at the state level, representing a concession by the NCP to the SPLM. These provisions were contained in the deal worked out between the SPLM and the NCP. CHANGE FAILS TO PLACATE SMALLER PARTIES -------------- ¶3. (U) Smaller parties had said they were generally content with NCP-SPLM compromise. However, during the legislative session three parliamentary blocs - the National Democratic Alliance, Darfur peace, and the Eastern Front -- continued to press 43 points of disagreement with the draft. There was talk of walking out of voting if their concerns were ignored. In an attempt to bring the smaller parties on board, the NA amended the draft, lowering the threshold for parties to obtain representation in the Assembly from five to four percent of the vote. ¶4. (SBU) The gesture failed to satisfy many of the smaller parties. Ali Traio of the SLM, Minni Minawi's Darfur party, told Embassy that the NCP and the SPLM had used their mechanical majority to push the bill through the NA. This procedure was also criticized by Fadlalla Borma of the National Umma Party, who complained to poloff it was "inconsistent with the interim constitution and the CPA." He said that unless the party is convinced that the elections process is fair and just, "we are just going to boycott them." ¶5. (SBU) Other parties dismissed talk of an election boycott despite their dissatisfaction. Tag Elsir M. Saleh, Deputy Secretary General of the Democratic Unionist Party (DUP),said the law as passed represents a compromise between the two main parties (SPLM and NCP),but added that this compromise was good for the country. "We support the agreement," he said, adding that the DUP had been able to convince some of the smaller parties in the NA not to walk out of the voting, "and that is an achievement." Youssef Siddiq, Deputy Secretary General of the Sudan Communist Party (SCP),told the Embassy his party would not boycott the election even though the party's demands had not been met in drafting the law. He said the SCP would now concentrate on working to create conditions for a free and fair election. "Reviewing the national security law, the press law and all other freedom laws is a top priority," he continued, "we hope that the government includes all political parties in solving the Darfur problem before the elections." WOMEN TO BE GUARANTEED REPRESENTATION -------------- ¶6. (U) Under the new law, women are guaranteed 25 percent of the seats in the NA. This will be accomplished through a separate voting list. This provision went against one of the main objections by the smaller parties, who had demanded a unified list containing men and women together, according to Atem Garang (SPLM),Deputy Speaker in the National Assembly. NEXT HURDLE - APPOINTMENT OF NEC -------------- ¶7. (U) The draft law now goes to the Council of States for a review to make sure it does not conflict with state legislation. This step is largely a formality, however, said Manoa Aligo, leader of the KHARTOUM 00001014 002 OF 002 SPLM Caucus in the NA. Aligo predicted the draft would land on the President's desk within a week for his signature. Once he signs, the bill becomes law - at which point he has 30 days to appoint the nine members of the NEC. The NA then must approve the nominees with a two-thirds majority. While the NA is now in summer recess until October 13, NA Speaker Ibrahim Akhmed al-Tahir, said the Assembly would probably be called into special session in August to approve the nominees. Fast approval is key to keeping the nationwide vote on schedule, since the NEC has the task of organizing the elections. ¶8. (U) There has been speculation that the SPLM and the NCP would agree on a list of NEC candidates for the President to choose from, but Aligo said that has not happened. In public statements, the smaller parties already have been pressing to be included in the nomination process, saying the NEC will be more credible if it were seen as being non-partisan and inclusive. The SPLM's Aligo stressed that a major challenge will be securing adequate financing for the NEC. Most Sudanese government commissions suffer from chronic lack of funding, he said. ¶9. (SBU) COMMENT: While the new election law has passed perhaps its biggest hurdle by being approved by the National Assembly, daunting challenges remain on the road to the 2009 elections. Attention now turns to the nomination of the National Election Commission. The two parties in the GNU would be wise to avoid the temptation to agree upon a list between themselves, but rather include some other political party representatives as well. As NCRC member Dirdeiry stressed to the Embassy, the NEC will have to be widely perceived as non-partisan and inclusive if it is to enjoy the confidence of Sudan's citizens. Post will remain engaged throughout this process, working with other concerned embassies to keep the long election process on track and on schedule. The key challenge in our elections strategy will be obtaining access for NGO partners to work in the North, and we will continue to press the regime on this point, though of course how willing they will be depends entirely on the evolving nature of our relationship with them. FERNANDEZ