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Resolutions of South- South Sudan dialogue conference

COMMUNIQUE

DIALOGUE BETWEEN THE
SPLM AND SOUTHERN POLITICAL PARTIES

JUBA, 8th -13th November 2008

1. The SPLM and 9 Southern Sudan Political Parties namely, Sudan National Labour Party, Southern Sudan Democratic Front ( SSDF) , African National Congress (ANC), United Democratic Salvation Front (UDSF) Southern Sudan Democratic Forum, United Democratic Front (UDF), Union of Sudan African Parties (USAP -2), United Sudan African Parties (USAP) , Sudan African National Union (SANU) and the Sudan People’s Liberation Movement (SPLM) having met in Juba from 8 -13 November 2008 at Nyokuron Cultural Centre, Juba, and have:

• Highly appreciated the initiative of the 1st Vice President of the Republic, President of the Government of Southern Sudan and the Chairman of the SPLM, for facilitating and availing the parties the opportunity to meet and deliberate on important national issues that have promoted dialogue among the parties.

• Resolved to uphold the unity of the people of Southern Sudan in their diversity.

• Renewed their commitment to the Covenant and Resolutions of the 2005 South - South Dialogue held in Nairobi, Kenya.

• Committed themselves fully to the total implementation of the CPA and the resolutions of the Dialogue conference above.

2. The Meeting discussed and agreed on the following issues:

2.1 The unity of the people of Southern Sudan.

2.2 On Elections, Census, Referendum, North-South Border Demarcation, Popular Consultation in Southern Kordofan and Blue Nile States areas, IDPs, Refugees and Southern Sudanese in the Diaspora.

2.3 Governance, Democratic Transformation, Power-Sharing in Southern Sudan and the issues pertaining to the Capital of Southern Sudan.

2.4 Petroleum Management, Non-Oil Revenue, Foreign Reserves in Southern Sudan, General Resource Management and the Global Economic Crisis

2.5 Impact of Regional and Internal Security in Southern Sudan

2.6 National Reconciliation and the Healing process in the Country

2.7 Peace in Darfur

2.8 The Establishment of a Leadership Forum consisting of the Leaders of all the Southern Sudan Political Parties and the SPLM for Coordination, Consultation, Easy Communication and Implementation of the Resolution of this Conference.

Issued by the Conference
Juba, 13Th November, 2008.


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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

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.

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

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).

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.

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.

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.

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.

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.

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.

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.

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. 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.

2.2 Establishment of a joint CBOS mechanism to oversee the implementation of the single monetary policy.

2.3 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.

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.

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
b) Focusing on top priority programs

c) Regulate the use of public vehicles

d) Introducing policy of hire purchase vehicles for the Government officials who are eligible to use Government cars

e) Curtailing lengthy accommodation of public officials in hotels and lodges

f) Limiting foreign travels for government officials

g) Directing public resources toward poverty alleviation and meeting the Millennium Development Goals (MDGs).

h) Build strategic reserves for food security

i) 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

j) 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.

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.

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 gainst 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.

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

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

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