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Cablegate: Splm, Slm to Cooperate On Legal Framework for Dpa

VZCZCXRO3698
OO RUEHGI RUEHMA RUEHROV
DE RUEHKH #1063 1861254
ZNR UUUUU ZZH
O 051254Z JUL 07
FM AMEMBASSY KHARTOUM
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7810
INFO RUCNFUR/DARFUR COLLECTIVE

UNCLAS KHARTOUM 001063

SIPDIS

DEPARTMENT FOR AF A/S FRAZER, AF S/E NATSIOS, AND AF/SPG
NSC FOR PITTMAN AND SHORTLEY

SENSITIVE, SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL SU

SUBJECT: SPLM, SLM TO COOPERATE ON LEGAL FRAMEWORK FOR DPA


1. (SBU) During a July 3 meeting in Khartoum, Government of Southern
Sudan (GoSS) Minister of Legal Affairs and Constitutional
Development Michael Makuei Lueth and Sudan Liberation Movement (SLM)
legal counsel Abdulaziz Sam discussed the importance of developing a
plan to integrate the Darfur Peace Agreement (DPA) and the
Transitional Darfur Regional Authority (TDRA) into the national
legal framework. With Poloff in attendance, Makuei and Sam agreed
that the SLM and the Sudan People's Liberation Movement (SPLM)
should cooperate on the technical and political levels to
incorporate the DPA and the TDRA into the interim national
constitution (INC) and to ensure that the three Darfur state
constitutions were consistent with national law.

2. (SBU) Sam noted that the NCP-appointed governors of the three
Darfur states were creating new positions in their administrations
and re-districting areas of the states contrary to the spirit of the
DPA. Makuei said that the first step would be to codify the
provisions of the DPA and the institutions of the TDRA in the INC.
The constitution was "more powerful" than presidential decrees or
parliamentary legislation and would force accountability. At
present, the absence of a reference to the DPA and the TDRA in the
constitution allowed the National Congress Party (NCP) to stall
effective implementation of the agreement.

3. (SBU) Integration of the TDRA into the INC would act as a
"springboard" for addressing legal issues at the state level,
according to Makuie. He stressed that the NCP's attempts to
undermine the institutions of the DPA were a threat to the
Comprehensive Peace Agreement (CPA) and the constitution and pledged
SPLM technical and political support. He promised to raise the
issue with the senior SPLM leadership, including First Vice
President Salva Kiir.

4. (SBU) Makuei and Sam agreed that the SPLM and the SLM would
establish a more formal working-level relationship to analyze the
legal status of the DPA and the TDRA and chart next steps. Two of
Makuei's "legal experts" were coming to Khartoum from Juba on July
10 and would meet with Sam. Makuei asked that the National
Democratic Institute (NDI), which had provided valuable technical
expertise to the GoSS during the development of the state
constitutions in Southern Sudan, be engaged to support the review of
the DPA and TDRA.

FERNANDEZ

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