Communist Party of Sudan

The Central Committee

Subject:  The peaceful democratic solution

A paper presented to the  NDA Leadership Council Asmara, Eritrea June 1999

Dear brothers, Chairman and members of the Leadership Council of The National Democratic Alliance (NDA)

This meeting is being held in a highly-charged political atmosphere. There are many hot issues which point, directly or indirectly, to a number of possibilities in relation to the future of the Sudan. In the forefront of these issues are the discussions about negotiations and reconciliation which have dominated the Sudanese political arena at both opposition and government levels. In particular, this meeting is going to discuss a specific proposal from Mr Sadik El-Mahdi.

This is not the first time the call for reconciliation has been heard. However, the experience of the past yeas has proved what we have always asserted, namely, that the regime uses the offer of reconciliation simply as a maneuver to gain time, to escape from the increasing pressure of the popular movement that is tightening the noose around its neck, and to create divisions among the opposition and weaken our resistance. Of course, no reasonable person would reject a genuine peaceful settlement for the crisis that has engulfed our country, and choose instead, the prolongation of the bloodshed. We, the members of the NDA, are prepared to consider the option of a peaceful settlement, as long as it can realistically lead to the liquidation of the NIF coup and the restoration of democracy, and pave the way for addressing the root causes of this chronic crisis. By the same token, the NDA has reiterated its positive position towards all the regional and international initiatives that endeavor to help our country overcome its crisis.

The dispute that have emerged between the various factions of the NDA regarding a peaceful solution are not disputes over the preference for - or even the legitimacy of - a peaceful solution as such, as some have tried to portray them. The crux of the matter is the content of such a solution. Therefore, the issue is not confined to the nature of the instrument of change, i.e. whether through a peaceful or an armed uprising, negotiated or reconciliatory solution. Rather, it boils down to the nature of the change itself and its final outcome, whether it will address the crisis and resolve it in a manner that goes far beyond its mere political manifestation. We have to bear in mind that the net result of the change must necessarily be intertwined, to a lesser or a greater degree, with the nature of the instrument used to bring it about. Thus, before we embark on any deliberation as to the instruments to be adopted in liquidating the dictatorship of the NIF, we should stop to consider an important and central question. What is the objective and aim of the continued struggle since the 30th of June 1989? Should not the question that was raised by the Sudanese people in the aftermath of the coup necessarily and continuously be at the forefront of our thinking, "what is the alternative?" Shall we rise up now, only to see the crisis return again at some later time?

It is clear that this question requires an answer that is neither enigmatic nor ambiguous. For it embodies within itself a decisive plea which expresses the desire of the Sudanese masses not only to get rid of the oppression of the NIF dictatorship, but also of the crisis that has engulfed the Sudan since the dawn of the independence. The people have engaged in an indescribable struggle, they have made many great sacrifices. The response of the Sudanese political movement, as represented by its parties, trade unions and armed forces, was the formation of the NDA and the formulation of its charter, program and various declarations. The Sudanese masses have welcomed this response. They have embraced it and they have continued their struggle under its banner and leadership. It is on the basis of this reality, that we in the Communist Party have always upheld and defended the NDA.

- Following the Geneva meeting between Mr Sadek and Dr Al-Turabi, a crises broke out within the NDA. The subsequent disputes that have arisen, are objective ones, which ought to have been - and still have to be - resolved in a clear and transparent manner, and not through condemnations in the media.

- We issued a statement that was widely distributed both inside and outside Sudan affirming that the meeting between Sayed Sadek and Dr Al-Turabi was an individual initiative of the Umma Party, which fell within the scope of its rights to an independent action. Accordingly, it should not be attributed to the NDA. As a matter of fact, the NDA's charter and programs of action do not prohibit the independent positions and tactics of its members, both within and outside the NDA, nor do they prevent there being strife among them. But our consistent stance in the Communist Party has been that we should begin from those positions which unite us with the opposition in the NDA, and its charter, which we back and defend. We do not accept that our tactics should develop in parallel, contradict or replace what was agreed upon within the NDA.

- Irrespective of the outcome of Geneva meeting and the degree to which it concurs with or relates to or differs from the charter, resolutions and memoranda of the NDA, the manner and form in which it took place has left the NDA with two options, either to accept this outcome or reject it. This is bound to deal a blow to the basic principles of the alliance and the tradition and practices pursued by the NDA. The upholding of these principles has in the past made it possible for the NDA to overcome any problem or crises that threatened to stand in its way. When we talk of these principles, we are thinking specifically of the great significance attached to the principle of consultation. In the contest of our concern for the unity and cohesion of the NDA, our party, as mentioned previously, has made the following proposal:

- This matter should be presented with all its details to the organs of the NDA both inside and outside the Sudan for a frank discussion, in order to determine the rules and mechanisms which will govern the manner in which we proceed before proceeding into any further discussion on the outcome of the Geneva meeting. We have also indicated that when our party receives the proceedings and conclusions of the meeting, it will state its views on the matter. In view of the foregoing, we have refrained from expressing any views on what took place in Geneva, preferring to wait till we receive detailed disclosure of the meeting's business.

- The call for a peaceful and democratic solution, as expressed in the Asmara declaration and the memoranda of the NDA inside the Sudan, is the fruit of the collective efforts and will of all the elements of the NDA, the opposition, and the national figures. Without this collective action, no such call can hope to be effective or to be transformed  into a powerful and effective political capability.

- It is relevant to note that  while not every thing in the NDA is virtuous and positive, nor is the NDA simply reducible to a collection of negative factors and defects. We note that its formulation, charter and working methodology contain certain checks and balances which can correct defects as they arise and pave the way for an effective revitalization. Through collective effort, it is possible to overcome a number of hurdles and complications which would face any broad alliance on the scale of the NDA, which is the broadest political front known in the modern history of Sudan.

 

Political dialogue

            We still maintain the position that the nature of the regime makes it doubtful that it is possible to engage in successful dialogue with it. Its claim to recognize other political forces and accept real political pluralism does not deserve to be taken seriously. Furthermore, the regime only seeks to employ others in its institutions on the basis of its established principles, refuse to abandon the principle of the theocratic state and seeks to escape from any form of accountability.

            It is true that there are signs of strife within the regime, which will certainly continue. However, the most important thing to bear in mind is that the ruling authority is totally united in the attempt to ensure its survival. But, while we see Turabi and Al-Bashir as two sides of the same coin, we do not wish to reject the possibility of exploiting the contradictions and conflicts that may exist between them. Internal and external circumstances may force the regime to retreat here and there, but it still remains wedded to its basic principles and conditions, and a peaceful solution to the crisis is not part of its present strategy. The regime is only seeking to buy time while working to encourage the disintegration of the opposition. As regards the NDA outside Sudan, we hold the following opinion. The proper stance regarding the option of  a peaceful solution is to uphold the NDA's resolutions on the issue, while at the same time maintaining the political offensive and escalating military operations, as well as supporting a popular uprising that could force the regime to surrender.

            - In general, we welcome any peaceful solution to the calamity facing the Sudan. However, we distinguish between a peaceful solution and reconciliation, because any reconciliation with the present regime which does not entail holding the regime accountable, would mean absolving it of the most serious crimes committed against the Sudanese people in their modern history. It also means accepting the conditions for reproducing the crisis in the Sudan. Moreover, we reject any peaceful project that would take us back to the status quo that prevailed before the 30th of June 1989, or that perpetuates what has happened since that date. For us, the essential point of reference is the resolutions of Asmara Fundamental Issues Conference.

            - In June 1994, our party agreed with other members of the NDA on the Declaration of Principles issued by the foreign ministers of IGAD on the 20th May 1994, which asserted the following:

1- The rejection of military solution. 2- The need to agree on a just and peaceful political solution. 3-  Assigning priority to the unity of Sudan within the recognition of political and social pluralism and the guarantee of equality of citizens. 4- Separating religion from state by establishing a democratic secular state in the Sudan. 5- Ensuring public liberties and guaranteeing human rights in accordance with international conventions on the basis of the rule of law and the independence of the judiciary and the just distribution of wealth and power. 6- Affirming people's right to self-determination on the basis of a referendum, should the commitment to these principles and their defined basis fail.

            While confirming its acceptance of these principles, our party has clarified that the goals they embody will not be realized if the problem of the South within the framework of the Sudan is not taken into full account, and the crisis resulting from the control of the NIF over the country properly addressed. It is true that the regime has retreated from its original position of rejecting the principles of IGAD, and now says it accepts them. Yet, this acceptance remains largely theoretical, given the context of political maneuvering, and the fact that the regime has not really made any serious step towards executing any item of the declaration.

            - The question of national reconciliation or national consensus in the political codes of the people will have to be seriously addressed, once conditions are appropriate for the final liquidation of the established forms of power that produced the present crisis. In their place, new forms will be established, legitimized by a democratic constitution. This constitution should protect the rights of all and avert those catastrophes that arise from bloody conflict and civil war.

            The experience of those people who have been impelled by crisis circumstances to follow the paths of reconciliation, confirm that reconciliation must begin with following steps: there should be a basic change in the organs of the present authority, its constitution and laws, so that full democratic liberties are provided without any restrictions on political parties, trade unions, civil organizations and newspapers. This is necessary if the public are to speak their mind freely and if every party is to present its views on the solutions needed. It is also a necessary prerequisite for removing from positions of public responsibility all those who have committed crimes against the people and the nation, for restoring the independence of the judiciary and the rule of the law, and for making public all the details of past unjust trials.

            - Any serious project for a peaceful solution should not compromise on principles, but rather should result in an acknowledgement that there is a crisis and an agreement on the basis for its radical solution. However, if this process is to avoid being hijacked by the regime and turned into a maneuver to resolve its own dilemma by giving it time to get its breath back and produce what looks like a compromise between two parties to the conflict, but is in fact merely a change from one administration to another, and hence the repetition of those past experiences which embody the seeds of future crises, any peaceful solution must necessarily meet the following two conditions:

            A- It should stop the civil war and establish the basis for a just and comprehensive peace through a clear agreement, covered by all necessary guarantees, arrangements and methodologies, to end the Sudanese crisis which has persisted since independence and thus pave the way to the creation of a new united democratic and stable Sudan.

            B- It should strip the NIF of all its illegal gains which it acquired as a result of the 30th of June coup and through the actions of its bloody regime, punish all those who committed crimes against the country and its people, and return all funds plundered from private and public sources.

            On the basis of the aforementioned, we propose that the position of the NDA with regard to the issue of political dialogue should be as follows:

            1) The memo of the 29th of December 1998 was a call from the NDA to choose the option of a peaceful settlement of the Sudanese question. Yet, the reference for the NDA for the management of the process of negotiations, remains its charter, the resolutions of the Asmara Conference and the resolutions of the leadership council of June 1995.  

            2) The government refused to receive the memo in question and closed the doors in the face of the NDA delegates. Therefore, before starting any negotiations, the government must officially receive this memo and declare its recognition of the NDA and all its factions. Among the conditions for any negotiations, should be the condition that they are conducted between equal partners. As a matter of fact, any dialogue prior to the acceptance of such a condition can only be futile. How is it possible for two bodies to negotiate, when one of them in a ruling regime which does not recognize the opposition, and does not hesitate to commit the worst atrocities against them?

            3) A healthy and conducive environment must be prepared for the negotiations. In order to realize this, the regime must take a number of steps, including the following:

            - Admit its responsibility for toppling the legitimate government through its coup of the 30th of June 1989 and its confiscation of democracy and public liberties.

            - Abrogate the Tewali law and permit the public activities of political parties, organizations, trade unions and the propagation of democracy and the freedom of thought.

            - Recognize political and party plurality as well as the NDA, as a condition for dialogue between equal entities.

            - Release all political detainees with an irrevocable undertaking not to detain any person on the ground he or she holds opposing views.

            - Annul the present constitution and remove all laws which place restrictions on liberties.

            - Dissolve all the organs of oppression and security.

            - Declare its readiness to be held judicially accountable with respect to complaints of violation of human rights, plundering of public funds and the abuse of power.

            4- It must be emphasized that to give any definitive opinion on the matter of the national conference, to identify the working party for the management of the dialogue, would be premature as long as the aforementioned stipulations remain unfulfilled.

            5- On the other hand, if the regime makes the necessary arrangements to fulfil all the stipulations specified above, as quid pro quo the NDA for its part will undertake to cease military operations and not to resort to the use of force.

            6- It is also necessary to note that the success of any political agreement will be conditional on its inclusion of two complementary components:

* Firstly, a constituent component, that is to be carefully agreed upon in all its details so as to avoid any possible loop holes. This will then become a constitutional undertaking, which will govern the realization of the peaceful solution, and should proceed as follows:

- Issue an irrevocable constitutional declaration replacing the present constitution, the Tewali law and all the legislation restricting liberties. The declaration must guarantee the rights, liberties and principles of pleural  democracy. It should also include the special proclamations embodied in the Nairobi Declaration, that is, decentralization and the right of self- determination.

- Conclude of a just and comprehensive peace agreement to end the civil war, based on the principles of equal citizenship, the equitable distribution of wealth and decentralization.

- Restructure the organs of the state on a national basis and agree on their regulation and management.

- Agree on the constitutional conference, its composition and the duration for completing its tasks.

- Return private and public funds and pay compensations for all crimes committed.

* The second component concerns the responsibility of the transitional government. This involves the execution of those practical tasks resulting from the realization of the first component, including the organization for convening the constitutional conference. It also involves the undertaking of the usual tasks of the government, such as the provision of law and order, social services, formulation of the budget, restoration of foreign relations, enacting the elections law and the law organizing the referendum and take the necessary measures for their realization.

- No secrecy or negotiations behind doors. Every thing must be disclosed in detail to the public and the negotiations must be completely transparent.

-The negotiations must be in accordance with regional and international guarantees.

- The negotiating team must represent all the elements of the NDA, and the leadership council should monitor the progress of the negotiations and approve their final result.

- Once again, we reiterate our call to unite our will to dismantle the NIF regime, instead of dismantling the NDA, and to unite all our ranks, so that our country can sail safely out of the impasse. We hope this meeting of ours will move decisively towards the achievement of the sacred objective.

                                                                                   

El-Tigani El-Tayeb Babkier

Representative of the Communist Party

to the NDA Leadership Council

 

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