July 28, 2002
SHRO-Cairo
Welcomes the Machakos Protocol
The Sudan Human
Rights Organization Cairo Branch (SHRO-Cairo) welcomes the Machakos
Protocol (July 20, 2002), which reiterated the commitment of two
warring parties, the Government of Sudan and the Sudan People's Liberation
Movement (SPLM, to a negotiated, peaceful, comprehensive resolution
to the Sudan Conflict within the unity of Sudan.
The Organization
reiterates its long-standing position that successful resolution of
the Sudan's Conflict requires active participation by the other parties
to the Conflict, which includes Sudanese civil society groups, political
parties, trades unions, professional associations, women's organizations,
and armed groups. SHRO-Cairo ascertains that the comprehensiveness of
the Sudan's Crisis that embraces armed conflicts in several regions
in the North in addition to the South requires full participation by
all parties to resolve the country's national conflict.
The Organization
has repeatedly ascertained that in order to establish the permanent
and just peace that alone will eradicate the disasters of South-North
civil war, as well as the other spreading armed conflicts and forms
of political unrest in Sudan, serious national agreements must be founded
on democratic national consensus.
SHRO-Cairo notes
with satisfaction that the Machakos Protocol included in Preamble fundamental
principles for the resolution of the Sudan's Conflict. These include
"addressing the root causes of the conflict, establishing a framework
for governance through which power and wealth shall be equitably shared
and human rights guaranteed."
The Organization
is further satisfied with the Protocol's sensitivity to "historical
injustices and inequalities in development between the different regions
of the Sudan that need to be redressed."
The Agreed principles
of the Protocol include important leads in the Path to sustained peace
and development in Sudan. These include:
"1.4: That
religion, customs, and traditions are a source of moral strength and
inspiration for the Sudanese people." SHRO-Cairo cautions in this
regard that the Protocol does not clearly differentiate between the
role religion, customs, and traditions play in the societal life "as
a source of moral strength and aspirations," and the necessary
commitment of all political parties in Sudan not to politicize religion,
customs, or traditions in State business or governance affairs. Unless
this politicization is fully eradicated with respect to State affairs,
political persecution will continue as a legitimate source even in government
structures. Eventually, regardless of wishful thinking or ad-hoc partisan
deals, the possibility of armed conflict and political unrest will continue
to threaten Sudan's peace and the Region's tranquility.
The Organization
is gravely concerned that the Protocol's negligence of this vital differentiation
between societal religion and governance by religion caught the agreement
in a dangerous legitimacy that will continue to abuse religion as a
source of legislation. Once this provision is executed, no citizens
(even those from the South) would be saved the de facto threat of religious
persecution. Such legitimacy will undoubtedly continue to ravage Sudan
with serious gross human rights violations, as has been consistently
committed by the existing government since June 30, 1989 to the present
time.
This grave possibility
is astonishingly legitimized by the Machikos Protocol's Agreed Text
on State and Religion. The Protocol is correctly concerned with the
multi-cultural, multi-racial, multi-ethnic, multi-religious, and multi-lingual
diversity. Also, it recognized "the enjoyment of all rights and
duties shall be based on citizenship and not on religion, beliefs, and
customs (6.3)."
However, the Protocol
fails to secure clear provision for the establishment of a National
Constitution based on international human rights norms, the real actual
and sole source to insure citizenship rights without discrimination
by religion or other criteria.
SHRO-Cairo welcomes
the fact that the Protocol guarantees the right of self-determination
to the people of South Sudan who, among other citizens, have been yearning
to exercise this fundamental right as a necessary corrective to the
persecution, genocide, and unfair relations with the Central Government
of Sudan for a long time. The Organization, however, is concerned that
the Machekos Protocol does not clearly guarantee the same right to the
other Regions of Sudan (including Southern Kordofan and the Blue Nile
Region) who share similar experience with the South. The Machakos Protocol
represents a broad framework, which sets forth the principles of governance
with newly established procedures of a next transitional process and
structure of government.
SHRO-Cairo is
deeply concerned that the Protocol does not clearly call for the setting
up of a National Democratic Government to run the programs and to execute
the agreements of the transition for the permanent and fair peace, regular
democracy, and the sustainable and fair development of the Sudan. The
Protocol's reference to structures of governance, namely the Council
of States that under control of the existing non-democratic rule is
entrusted with the powers "to initiate and pass national legislation
with a two thirds majority" (virtually a central government domain),
is a nullifying power that could technically undermine the Protocol
the way it stands.
SHRO-Cairo supports
the Protocol's directive for the two parties, SPLM and Government of
Sudan, "to refrain from any form of unilateral revocation or abrogation
of the [would be] Peace Agreement." Seen in light of the shortcomings
and loopholes as mentioned above, however, the setting up of an Independent
Assessment and Evaluation Committee to "monitor the implementation
of the Peace Agreement during the Interim Period" will surely fail
to provide sufficient sureties for the two parties commitment.In accordance
with the letter and spirit of the Machikos Protocol, with full appreciation
to the IGAD, His Excellency President Daniel T. Arap Moi, and the IGAD
Friends:"Sensitive to historical injustices and inequalities in
development between the different regions of the Sudan that needs to
be redressed," "Agreed on the principles to Establish a democratic
system of governance taking account of the cultural, ethnic, racial,
religious and linguistic diversity and gender equality of the people
of the Sudan,"Endeavoring to "Find a comprehensive solution
that addresses the economic and social deterioration of the Sudan and
replaces war not just with peace, but also with social, political and
economic justice which respects the fundamental human and political
rights of all the Sudanese people,"For the Machikos Protocol to
carry out - at length - the agenda for peace, democracy, and development,
SHRO-Cairo asks the IGAD and the IGAD Friends, as well as the Government
of Sudan and the Sudan People's Liberation Movement, to transform the
2-parties partisan agreement they successfully signed into an All-Sudanese
National Agreement as follows:
- Reconstruct
the broad framework of the Machikos Protocol to include clear commitment
to international human rights norms as the only viable guarantee to
constitutional rule in the context of the diversity of Sudan that
the Protocol adopts.
- Invite all
Sudanese Civil Society groups, political parties, trade unions, women's
organizations, and professional associations to participate in the
scheduled process of negotiations by the Call towards the setting
up of a Sudanese National Constitutional Conference.
- Implement at
once the measures required by the National Democratic Alliance (NDA),
the Sudanese largest opposition group, to create the atmosphere conducive
to the achievement of a successful process of national democratic
negotiations to insure the Comprehensive Political Solution to the
Sudan's Crisis.
- Indicate clearly
in the Protocol recognition of the regional initiatives that signify
the concern of regional, as well as international powers, with the
peace and progression of Sudan to help consolidate the IGAD's Declaration
of Principles and the commendable ongoing effort.
