NATIONAL ASSEMBLY UNILATERALLY PASSES NCP BACKED

C O N F I D E N T I A L SECTION 01 OF 02 KHARTOUM 001445 SIPDIS NSC FOR MGAVIN, LETIM DEPT PLS PASS USAID FOR AFR/SUDAN ADDIS ABABA ALSO FOR USAU E.O. 12958: DECL: 12/23/2019 TAGS: PGOV PREL KDEM KPKO SUBJECT: NATIONAL ASSEMBLY UNILATERALLY PASSES NCP BACKED NATIONAL SECURITY LAW REF: A. KHARTOUM 1097 ¶B. KHARTOUM 1425 Classified By: A/CDA Mark L. Asquino for reasons 1.4 (b) and (d) ¶1. (C) SUMMARY: On December 20, the National Assembly passed the National Security Law in a National Congress Party (NCP) "mechanical majority" vote without the Sudan People's Liberation Movement's (SPLM) or opposition party support. The SPLM and other opposition parties strongly objected to the law and called it unconstitutional. They demanded that it be "frozen" before they would resume dialogue with the NCP. The NCP agreed to extend the National Assembly session until the end of the year; however, opposition parties said they questioned whether such an extension would yield any positive results. END SUMMARY. -------------- - NCP UNILATERALLY PASSES NATIONAL SECURITY LAW -------------- - ¶2. (SBU) On December 20, the National Assembly passed the National Security Law through a National Congress Party (NCP) "mechanical majority" vote without SPLM or opposition party support. The SPLM did not participate in the vote, and the opposition parties in the Assembly, including the National Democratic Alliance, Eastern Front, Beja Congress, and Darfur Peace walked-out of the Assembly. The version of the National Security Law that passed contained no SPLM requested amendments, particularly ones relating to the removal of the National Intelligence and Security Service's (NISS) arrest, detainment, search and seizure powers. Other SPLM-requested changes were also not included, including modification to the authorized length of detainment, next-of-kin notification and legal access. The approved law varies little from the current law in place, and provides very few reforms. The law is due to be signed by the Presidency in the next few days. ¶3. (C) The SPLM and other opposition parties strongly objected to the law. During a December 22 meeting with the Acting-Charge, the SPLM and northern opposition leaders, including Mariam Al-Sadig Al-Mahdi from the Umma Party, maintained that passage of the law would have dire consequences for free and fair elections in April. Dr. Amin Mekki Medani, a representative of the National Democratic Alliance (NDA),who is also a well-known human rights activist, argued that the law was unconstitutional. Al-Mahdi stated that all opposition dialogue with the NCP had stopped due to the law's passage, and would not begin again until the law was "frozen" by the Presidency. -------------- -------------- OPPOSITION DEMANDS OUTSTANDING LAWS BE PASSED FOR ELECTION -------------- -------------- ¶4. (C) Despite the NCP's publicly-stated position that it would not support extension of the National Assembly session scheduled to end on December 23, the NCP announced on December 23 that the Assembly would, in fact, be extended until December 31, and then permanently adjourn until new members were chosen in the April election. SPLM and opposition party requests to extend the session seem to have prevailed. However, when asked about a possible extension of the session, SPLM and opposition party leaders (NDA, Communist, DUP, SLM/MM, Justice,) including Mariam Al-Sadig Al-Mahdi, told A/CDA and poloffs on December 22 that they were pessimistic that much would be accomplished during such an extended session. In this meeting, SPLM and opposition party representatives said the National Security Law that had passed two days earlier would be used by the NCP to harass the opposition and stifle freedom-of-speech and assembly during the run-up to the elections. In addition, they maintained that free and fair elections would not be possible unless the laws cited in the Juba Declaration (reftel A) were passed. The latter include the criminal code, criminal procedures, immunities, trade union, personal status, press and publications and the states public order laws. ¶5. (C) COMMENT: During recent poloff discussions with diplomatic missions and United Nations staff, the consensus has long been that the National Security Law would be passed with the NCP using its mechanical majority in the National Assembly. and without the NCP's attempting to reach further compromise with the SPLM on the law's content. Even with the inclusion of provisions favored by the SPLM on limiting length of detention, and providing notification to next-of KHARTOUM 00001445 002 OF 002 kin etc., it is unlikely the SPLM would have instructed its members to vote for the law (reftel B). As noted above, members of the opposition, such as the DUP's Medani, view the law itself as unconstitutional and believe nothing short of its being "frozen" is acceptable. The National Security Law that passed on December 20 will, in all likelihood, be used in a partisan manner by the NCP, as the SPLM and opposition parties fear, to undermine free and fair elections. However, during the December 22 meeting, the SPLM and opposition representatives, although extremely unhappy with the law, did not see the latter's passage as justification for boycotting the elections. Umma's Mariam Al-Sadiq Al-Mahdi said that the opposition parties will meet in January to discuss a united posture toward the elections, and will also consider strategies for fielding candidates, including for the presidency. END COMMENT ASQUINO