General Elections and Referendum by tyndale

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									             The Resolutions and Recommendations
                                    of
  The Dialogue between SPLM and Southern Political Parties
  Under the Theme: Building Consensus for Peace, Stability and Development

                 Nyokuron, Juba, November 8th – 13th, 2008

Preamble
We, the SPLM and the Nine Southern Sudanese Political Parties,
signatories to these resolutions and recommendations, having met
from 8th – 13th November, 2008 at Nyakuron Cultural Centre, Juba;

Highly appreciative of the initiative of the Chairman of the SPLM for
facilitating and availing us the opportunity to meet and deliberate in all
honesty and frankness on important national issues and to promote
dialogue among ourselves;

Deeply committed to uphold the unity of the people of Southern Sudan
in their diversity;

Renewing our commitment to the Covenant and Resolutions of the
2005 South-South Dialogue held in Nairobi, Kenya, and fully committed
to the total implementation of the CPA and the Resolutions of this
Dialogue Conference;

Do hereby resolve the following:
A) Census, General Elections and Referendum

Resolutions and Recommendations:

1.          Census

1.1 The Conference noted with great concern the difficulties faced by
    the census process, especially factors that may affect the results.
    These difficulties and short comings have been acknowledged and
    documented by various institutions including the National Census
    Council.

1.2 Southern Sudan reserves the right to accept or reject results of the
    census.

1.3 In case of rejection of the census results, Southern Sudan shall
     maintain its present status - 1/3 of Sudan’s population until proper
     census is conducted.



     2. North - South Border Demarcation

2.1 The North - South Border Demarcation Committee should expedite
    the border demarcation and complete its work before the general
    elections.

2.2 GoNU should provide necessary logistics and funding for
     the Committee.
2.3 The GOSS, should urgently arrange for the Southern component
    of North-South-Border Committee to brief the Southern Political
    Parties


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3. IDPs, Refugees and the Diaspora

3.1 The Conference calls upon the IDPs, Refugees and the Diaspora to
    voluntarily return home to contribute in the reconstruction and
    development.

3.2 The GoSS should strengthen the capacity of SSRRC to organize the
    voluntary return of IDPs, Refugees and the Diaspora and ensure
    adequate provision of services to them.

3.3 GOSS should use the relevant institutions with the mandate and
    capacity for the work of repatriation, rehabilitation, reintegration
    and resettlement of IDPs and Refugees as per resolutions of the
    2005 South-South dialogue.

3.4 State governments, county authorities and community leaders,
    with the support of International Agencies, in areas of return,
    should be involved in repatriation programs.

3.5 The conference appeals to IOM and other international agencies
    to facilitate the return of Southern Sudanese in Diaspora.

3.6 The conference further appeals to the Southern Sudanese in the
    Diaspora to lobby for Southern Sudan and assist the provision of
    services to IDPs and Refugees.

 3.7 The conference appeals to GoNU to contribute and assist GoSS
     efforts in funding and transportation of IDPs and Refugees.




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4.          Popular Consultation

4.1 SPLM and Southern Sudan Political Parties support the right of
    popular consultation for the people of Blue Nile and Southern
    Kordofan as per the CPA.

4.2 Formation of an inclusive Committee to develop a roadmap for
    the exercise of popular consultation in the two areas.



5    Elections and National Legislature

5.1 The Conference reiterates adherence to the schedule of holding

     general elections as per the CPA provided that:

5.1.1 Review and Repeal of Laws that are not in conformity with the

       CPA and INC are effected, namely

          a) National Security Law

          b) Press and Media Law

          c) Code of Criminal Procedure Law

          d) Code of Civil Procedure

          e) Penal Code

           f) Workers and Trade Union Act




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5.1.2 New legislations that have to be enacted, namely-

  a) Referendum Act for Southern Sudan be enacted by the National
     Legislature as per CPA, INC and ICSS

  b) National Land Commission Law

  c) Human Rights Commission Establishment Law

5.2   The conference calls upon the Presidency and the National

      Legislature to ensure that legislations crucial for free and fair

      general elections are enacted before the end of its tenure.

5. 3 The Conference urges the Presidency to expedite enactment of

      the Abyei Referendum Law

5.4   The conference recommends that a formula for funding political

      parties be developed and approved by the political parties.

5.5   The appointment of Election Commission members should be

      done in consultation with all political parties.

5.6   Calls upon political parties to carry out public enlightenment on
      election system and processes.

 5.7 Elections should be free, fair and secure; counting should be
      done on the spot (the polling stations).




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6    Referendum

6.1 The Conference calls for the immediate enactment of the
    Southern Sudan Referendum Law.

6.2 The Conference calls upon the Presidency and the National
    Legislature to enact the Referendum Law before the end of its
    tenure.

6.3 The Conference resolves that President of the Republic of the
    Sudan not to dissolve the National Legislature before enactment
    of the Referendum Law and other laws.

6.4 The conference recommends formation of SPLM-Southern Political
     Parties Committee to assist in drafting and reviewing the
     Southern Sudan Referendum Law.

6.5 The Conference calls upon GoNU, GoSS and the international
     Community to commit themselves to fund the Southern
     Referendum exercise.

6.6 The Conference strongly stresses that eligibility to vote in the
     referendum will be restricted to Southern Sudanese as defined in
     ICSS and the Referendum Act.

6.7 Voting will take place within Southern Sudan territory only.




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B) Democratic Transformation and Governance



1     Resolutions on Democratic Transformation

      The Conference resolved the following;

1.1 Review of repressive laws to conform with the CPA and adhere to
     all basic and fundamental universal human rights laws and
     principles.

1.2 The Conference commits itself to principle of democracy, political
     pluralism, multi-party system and ethnic diversity.

1.3 The Conference resolves to respect the rule of law, political
    harmony and promotion of culture of peace.

1.4 Training and strengthening law enforcement agencies and
    maintenance of law and order.

1.5 To promote effective changes in the attitude and behavior of civil
    servants to achieve good governance.

1.6   Strictly adhere to separation of powers between the

      executive, legislature and the judiciary at all levels.

1.7 Political parties to exercise democratic rights such as freedom of
    association and expression at all levels of governance as
    stipulated in the ICSS.

1.8 All political parties must embrace internal democracy,

      elected leadership and institutions in accordance with the ICSS
      and the Political Parties Act.
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1.9 Commitment to free and fair exercise of the right to

     self-determination for the people of Southern Sudan

    and Abyei.

1.10 Commitment to the Right of popular consultations for the two
     areas of Southern Kordofan and Blue Nile States.



2   Governance

2.1 Commitment to implementation of the decentralized

    system of governance as per the CPA.

2.2 Commitment to upholding principles of good governance such as
    democracy, participation, accountability, transparency, rule of law
    and respect for human rights at all levels.

2.3 Appointments to civil service positions should be based

     On transparency and merit as enshrined in the ICSS and other
     relevant laws.

2.4 The Conference strongly supports the Public Service Reform
    launched by the GoSS President to combat corruption, nepotism
    and tribalism.

2.5 The Conference urges GoSS to expedite enactment of the
    Southern Sudan Local Government Act.




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2.6 In order to enhance and effective and efficient Public

    Service, the States shall recruit skilled civil servants and

    professionals for employment.

2.7 The Conference urges GoSS and all Political Parties to

     ensure effective application of Affirmative Action for women
     participation in various governmental and party structures
     including leadership positions in accordance with the ICSS.

2.8 The Conference further urges GoSS and all Political

    Parties to ensure effective application of Affirmative

    Action for people with special needs to participate in

    various governmental and party structures including

    leadership positions in accordance with the ICSS.

2.9 The Conference urges GoSS to pay special attention to least
    developed areas and ethnic minorities to ensure equitable and
    balanced development.



2.10 The Conference calls for the creation of a conducive

    environment for growth of a vibrant civil society and

    free media in accordance with the Law.




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3 Power-sharing

The Conference reaffirms the power-sharing arrangements per the CPA



4 Internal Borders

The Conference calls upon the Local Government Board to expedite
resolution of internal boundary disputes between counties, payams and
Bomas.



5 The Capital of Southern Sudan

5.1 The Conference calls upon GoSS to expedite

   enactment of the Land Bill as a means of resolving all

   land issues/disputes.

5.2 The Conference reaffirms the previous decision

    adopted by the 2005 South-South Dialogue regarding

    the status f Juba City as the capital of Southern Sudan

    and seat of GoSS as per the ICSS.

5.3 The Conference calls on GoSS to demarcate the

    territory of its capital and the states to demarcate their

    capitals.




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5.4 The Conference calls upon GoSS and Central Equatoria

     State Government to cooperate in realizing the above position.



6 Formation of a Leadership Forum

A Leadership forum, to be chaired by the SPLM, shall be formed with
membership of all Southern Political Parties for implementation,
coordination, consultation and easy communication.



C) Darfur and the ICC Indictment Committee

1 The Darfur War

1.1 The Conference appeals to parties to the conflict to

    reach a comprehensive, just and lasting peaceful

    solution to the war.

1.2 The Conference calls upon parties to the conflict and

     the International Community to urgently address the
     humanitarian disaster in Darfur and bring it to an end.

1.3 The Conference urges the SPLM Darfur Task Force to

     continue its efforts of unification of the Darfur

     Opposition Movements to consolidate a unified

     negotiating position to reach a just, lasting and

     peaceful settlement to the Darfur conflict.

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1.4 The Conference appeals to the SPLM to include

     Southern Political Parties in the SPLM Darfur Task Force.

1.5 The Conference urges the full deployment of the UN – AU Hybrid
    Force in Darfur.



2. ICC Indictment

The Conference urges the National Congress Party to cooperate and
engage both the ICC and the International Community and avoid a
confrontational approach.



D) Economic Issues

1 The Petroleum Sector

The Conference calls upon the National Petroleum Commission to
ensure that the South must involved in the management of the
petroleum sector particularly in relation to the following matters:

1.1 Monitoring and management of production

1.2 Marketing of oil.

1.3 Employment of Southerners at senior level in the operating
    companies

1.4 Consultation with local communities and provision of services

1.5 Environmental protection and conservation in oil operation areas.

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1.6 Sharing of the administrative costs between the relevant
    ministries of GONU and GOSS in charge of the oversight of oil
    operations.

1.7 Issues of compensation for persons adversely affected by oil
     development

1.8 Need for GOSS oil company Nilepet to share with

     GONU company, Sudapet in oil blocks in the South in

    which the latter has certain percentages equity interest

1.9 Training and building capacity of Southerners in the oil

    industry

1.10 Establishment of oil infrastructure such as refineries,

     depots etc in Southern Sudan.


2 Management of Foreign Reserve Fund

The Conference discussed the ongoing dispute between the
Government of Southern Sudan and the Central Bank of Sudan over the
management of national foreign reserves. The Conference noted that
the CPA provisions relating to the dual banking system in the Sudan
through two separate windows, has not been fully implemented.




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Moreover, the Conference noted that national foreign reserves belong
to the whole country including the South, and therefore BOSS which is
the bank implementing the single monetary policy in the South through
the conventional window should be entitled to keep the national
foreign reserves generated by the southern economy.

Accordingly, the Conference resolved that the following measures are
to be observed:

2.1 That the BOSS is to keep foreign reserve for carrying out the
    following mandate:

(a) Managing and executing one monitory policy in Southern Sudan
(b) Chartering conventional commercial banks and financial
    institutions in Southern Sudan
(c) Promotion of Southern Sudan economy

(d) Managing the accounts, finance and economic requirements of the
    GOSS

(e) Maintaining price stability

(f) Promoting and monitoring financial stability

(g) Monitoring and maintaining a stable exchange rate

(h) Maintaining sound, effective and efficient banking credit system

(i) Performing any other functions not inconsistent with national

   monitoring policy

2.2. The Central Bank of Sudan has to be restructured to reflect the two

    windows are equally represented in the management at the

    headquarters.
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2.6 Establishment of a joint CBOS mechanism to oversee the
    implementation of the single monetary policy.
2.7 BOSS to build capacity to be able to discharge its mandate and to
    ensure effective discharge of its oversight function over the
    commercial banks



3 NON-OIL Revenue

The Conference noted with grave concern the almost total dependence
of the Southern Economy on oil revenue which makes it vulnerable to
any fluctuations in the oil market.

3.1 The Conference therefore urges the Government of Southern
    Sudan to undertake the following measures to reduce this
    economic vulnerability;

     a) Harmonization of GOSS tax collection and immediate creation
        of a Southern Sudan Revenue Authority with branches in the
        states of Southern Sudan.
     b) Broadening the tax base through the encouragement of
        commercial activities and investment both local and
        international.
     c) Tax collectors at the borders should be routinely rotated to
        avoid corruption and to ensure accountability.
     d) Avoid multiple taxation
     e) GOSS to enforce the use of financial forms and ledgers for
        collection of various tax revenues.
     f) NGOs receiving donors’ money for projects in Southern Sudan
        must register and open accounts with national commercial
        banks to ensure transparency and circulation of money in the
        economy of Southern Sudan.


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     g) BOSS to empower national commercial banks by giving loans to
        stimulate the growth of the private sector.
     h) All businesses to open accounts with local commercial banks so
        that money circulation is guaranteed.
     i) Cash transfers outside Southern Sudan should be through the
        banking system in order to curb money laundering, which is an
        international crime.
     j) Government of Southern Sudan is to establish the Agricultural
        Bank of Southern Sudan to encourage small scale farming,
        wood industry, promote fishing and livestock production and
        management. The policy is to be guided by principle of
        comparative advantage.


5. Resource Management

5.1 The Conference deliberated on issues and challenges of resource

    management by different levels of government in Southern Sudan.

5.1.2 The Conference further noted the lack of effective resource

     management systems and capacities which hinders the efficient

     utilization of both human and natural resources. The Conference

     therefore makes the following recommendations to GOSS:

  a) GOSS to establish Southern Sudan Social Insurance Fund, Health
     Insurance Fund and Pension Fund for government employees.

  b) Review of employment of expatriates and to attract nationals
     with high skills inside and abroad.
  c) Expedite implementation of the Public Service Sector Reform
     Program it had launched to eliminate any fraudulent conduct and
     malpractices.
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  d) Government payment of salaries and wages to be based on actual
     head count of employees so that ‘ghost names’ are weeded out.
  e) Establishment of an internal audit department in every
     government ministry and institution to monitor and ensure that
     payments are in accordance with the budgetary headings,
     policies, procedures and guide lines.
  f) The Auditor General’s Chamber of Southern Sudan should
     establish branch offices in the States.



6 The Current International Economic Crisis


6.1 The Conference observed that Southern Sudan is not completely
insulated from the current international economic crisis that is affecting
the world economy.

6.2 The decline in oil prices and the souring food prices and other
consumer goods, certainly affects the southern Sudan economy as we
are already experiencing. Therefore, the Conference has come up with
the following recommendations for addressing the situation:

  a) All levels of government to reduce Government expenditure

       Focusing on top priority programs

  b)    Regulate the use of public vehicles
  c)    Introducing policy of hire purchase vehicles for the
        Government officials who are eligible to use Government cars
  d)    Curtailing lengthy accommodation of public officials in hotels
        and lodges
  e)    Limiting foreign travels for government officials


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  f)    Directing public resources toward poverty alleviation and
        meeting the Millennium Development Goals (MDGs).
  g)    Build strategic reserves for food security

  h)    Boost agricultural production and agro industries in South
        Sudan through provision of enough resources by GoSS with the
        intention of making Southern Sudan a bread basket of the
        region

  i)    Access roads to enable agricultural produce to reach market
        centres



E) Security and National Reconciliation and Healing

5.1 The Conference noted with concern that individuals in government
      and army are maintaining large private armies who are a threat to
      public security. Therefore the Conference recommends their
      relocation to the barracks and GoSS to provide security for all.

5.2 The Conference further, recommends that all Southern Political
    parties and Civil Society organizations to assist in the DDR
    enlightenment and disarmament campaign.

5.3 The Conference urges armed civilians to voluntarily hand over
    their arms.




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6     National Security Laws

6.1 The Conference calls upon the GoNU to repeal pre-CPA National
Security Laws and urge the Presidency to reorganize the National
Security organs in accordance with the CPA and INC.



7     Joint Integrated Units (JIUs)

7.1 The Conference notes that the JIU are not fully integrated, not

    trained and not oriented to a common military doctrine.

7.2 The Conference urges the Joint Defense Board (JDB) to integrate
    and train the JIUs as per the CPA and INC.



8     National Reconciliation and Healing Process

8.1 The Conference calls upon all political parties to participate in peace
    and reconciliation process through out the country.

8.2 The Conference recommends that law enforcement agencies and
    traditional courts be strengthened to enforce the rule of law and
    order in Southern Sudan.

8.3 The Conference calls for the promotion of a culture of peace and
    reconciliation.

8.4 The Conference reaffirms its commitment in the peace and
    reconciliation South-South Dialogue Covenant of 2005 and the CPA.




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8.5    The Conference calls upon all the parties to avoid subversive,
       divisive and inflammatory language against each other,
       individuals as well as groups, in order to enhance a culture of
       peace.

8.6    The Conference calls upon all citizens to avoid disruptive
       behavior and attitude that is likely to lead to conflicts and
       insecurity.

9     Regional and Internal Insecurity

9.1    The Conference calls upon GoSS to continue mediating between

        the Government of Uganda and the Lord Resistance Army (LRA)

        to realize peace.

9.2     The Conference demands the LRA to stop torture and atrocities
        against the people of Southern Sudan and the region

9.3     The Conference calls upon GoSS to protect its citizens against
        LRA killings, abductions, looting, rape and other atrocities

9.4    The Conference calls upon GoSS to combat cattle raiding/rustling
       and inter-tribal fights.

9.5    The Conference calls upon GoSS to establish immigration control

        system in order to combat security risks and other related

        crimes.

9.6      The Conference calls upon GoSS to promote action against
         juvenile delinquency, violence against women, child abuse and
         other crimes.

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9.6   The Conference calls upon GoSS to take immediate action
      against land grabbing in Juba and other towns in Southern
      Sudan




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Whereunto we append our signatures in Juba, the Capital of Southern
Sudan and the seat of GoSS, this day of November 13, 2008



Signed by the Parties



SPLM:                   ------------------------------------------------

                        Salva Kiir Mayardit, Chairman SPLM



SANU:               ------------------------------------------------------------

                        Dr. Toby Madout, Chairman



USAP (1):               ------------------------------------------------------------

                        Hon. Joseph Ukel Abango, Chairman



USAP (2):               ------------------------------------------------------------

                        Mr. Eliaba James Surur, Chairman



UDF:                    ------------------------------------------------------------

                        Hon. Peter A. Sule, Chairman



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The Democratic Forum        -----------------------------------------------

                                Dr. Martin Elia Lomuro, Chairman



UDSF:                  ----------------------------------------------------

                       Hon. Jacob Doang, Secretary General




ANC:                   -----------------------------------------------------------

                       George Kongor Arop, Chairman




SSDF (Front):          ------------------------------------------------------

                       Professor David DeChand, Chairman




Labour Party    ------------------------------------------------------------

                H.E. James Andrea Agany-Anyar, Chairman




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