BORDER DEMARCATION RESTARTS, PENDING LEGISLATION MAY

UNCLAS SECTION 01 OF 02 KHARTOUM 001098 NSC FOR MGAVIN, LETIM DEPT PLS PASS USAID FOR AFR/SUDAN ADDIS ABABA ALSO FOR USAU SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL KDEM KPKO SOCI SU SUBJECT: BORDER DEMARCATION RESTARTS, PENDING LEGISLATION MAY OVERWHELM NATIONAL ASSEMBLY REF: KHARTOUM 931 ¶1. (SBU) SUMMARY: In a meeting with Elizabeth Pelton of the Assessment and Evaluation Commission (AEC) on September 17, Poloff learned that the Ad Hoc Technical Border Committee restarted demarcation after vice presidential intervention. Poloff also met during the week of September 6 with international donors who expressed concern as to whether the National Assembly is capable of passing the host of pending legislation facing it in its upcoming two month session. In addition, at a September 16 meeting, election advisors for the Election Advisory Group (EAG) of the United Nations Mission in Sudan (UNMIS) stated that the National Election Commission (NEC) will not be able to reconcile the complaints received regarding constituency delimitation. Election advisors also seek U.S. support for an UNMIS team that would focus on preparing for the referenda. END SUMMARY -------------- BORDER DEMARCATION COMMITTEE RESTARTS WORK -------------- ¶2. (SBU) In a meeting with Elizabeth Pelton of the AEC on September 17, Poloff learned that the Ad Hoc Technical Border Committee resolved many of its differences and had restarted work through the intervention of Government of Southern Sudan Vice President Riek Machar and Government of National Unity Vice President Taha. According to Pelton, the Committee was stalled by the number of grievances that the Deputy Committee Chairman (Sudan People's Liberation Movement) was presenting to the Committee (reftel). Pelton stated that Machar and Taha resolved a number of the Committee's differences and agreed that the Committee must continue working regardless of the grievances. According to Pelton, the Deputy Committee Chairman was told he would be replaced if he continued to hinder the Committee's work. Pelton said that the Committee is actively meeting again and working on zone two (NOTE: Zone 2 is considered the most controversial of the three zones as it includes South Kordofan and Abyei. END NOTE) The Committee has already missed its September 15 deadline to begin field demarcation. -------------- NATIONAL ASSEMBLY PLATE TOO FULL -------------- ¶3. (SBU) In meetings during the week of September 6 with donor countries including the UK, Norway and the Netherlands, Poloff noted increasing concern about the amount of legislation that must be passed during the October 15 to December 15 session of the National Assembly. Scheduled legislation includes the Southern Sudan Referendum bill, the Abyei Referendum bill, the 2010 national budget, and reforms to the National Security Law among many other laws. Donors fear that a number of laws critical to the implementation of the elections and the Comprehensive Peace Agreement (CPA) will not be passed during the session. -------------- -------------- CONSTITUENCY DELMITATION COMPLAINTS UNRECONCILABLE -------------- -------------- ¶4. (SBU) According to election advisors at a September 16 meeting of the Election Advisory Group (EAG),the NEC cannot manage the Constituency Delimitation complaints process. Election advisors indicated that it may be necessary for the political parties to "call a truce" and simply accept the existing delimitation. Advisors said that resolution of more than three hundred complaints received by the NEC will be impossible due to a lack of "in the field" delimitation. The lack of technical constituency delimitation available from on the ground surveys and lack of delimitation expertise at the NEC means resolution will be difficult as many complaints are below the county level, requiring detailed mapping to resolve complaints. The NEC has delegated resolution of the complaints to the State Election High Committees, thereby absolving itself from responsibility for resolution of the complaints. -------------- UN SEEKS REFERENDA PREPARATION STAFF -------------- ¶5. (SBU) According to Ray Kennedy, Senior UNMIS Elections Advisor, despite numerous requests from UNMIS, the United Nations Department of Peacekeeping Operations (DPKO) has refused funding for an UNMIS team to assist with referenda preparation. Kennedy stated that the UN urgently needed to establish a referendum team to support the Referendum Commission as soon as it is established and to assist KHARTOUM 00001098 002 OF 002 with referenda preparation. Kennedy said that UNMIS would like the United States to put pressure on the DPKO to provide additional staff and funding for preparation, he urged UN Member States to communicate the urgency of referendum preparation to UN Headquarters. ¶6. (SBU) COMMENT: It appears unlikely that the National Assembly will be able to pass the many bills necessary to implement the CPA process. The United States should continue to encourage the Border Demarcation Committee to complete field demarcation by its current December 15 deadline. U.S. Government support for the prompt establishment of a dedicated staff in UNMIS to focus on the referenda also seems warranted as election and referenda preparation must take place simultaneously. END COMMENT. ASQUINO