Sudan Tribune

South Sudan's FVP Riek Machar (Reuters photo)

December 21, 2020 (DJIBOUTI) – The Intergovernmental Authority on Development (IGAD) has lifted travel restrictions imposed on South Sudan's First Vice President Riek Machar.

The decision, reached during the 38th Extra-Ordinary Summit of the Assembly of Heads of State and Government of the regional bloc (IGAD) held in Djibouti on Sunday, implies that the South Sudanese opposition leader is now free to travel to any of the IGAD member states.

The summit mainly discussed ongoing regional peace and security initiatives.

“[The Assembly Heads of State and Government] underscored that currently there are no travel restrictions of any kind imposed by IGAD on the First Vice President of the Republic of South Sudan, Dr Riek Machar Teny,” partly reads a communique issued at the end of the summit.

The IGAD member countries are Uganda, Kenya, South Sudan, Sudan, Ethiopia, Somalia, Djibouti and Eritrea.

Meanwhile, regional leaders attending the summit congratulated the South Sudan's transitional government of national unity and the parties for “commendable progress” made in the implementation of the revitalised agreement on resolution of the country's conflict.

The summit further applauded the progress made in the formation of state and local government structures, in particular the appointment of nine out of the 10 state governors, as well as the agreement on the allocation of positions at state and county levels.

The meeting, convened by Prime Minister Abdalla Hamdok of Sudan, also Chairperson of the IGAD Assembly, was attended by Presidents Ismail Omar Guelleh (Djibouti), Uhuru Kenyatta (Kenya), Mohamed Abdullahi (Somalia), Prime Minister of Ethiopia, Abiy Ahmed, South Sudan's Vice President, Nyandeng and Uganda's envoy to Djibouti, Ambassador Rebecca Otengo.

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December 21, 2020 (KHARTOUM) - The Sudanese army on Monday expelled Ethiopian troops and militiamen from Salam Br area on the Sudanese side of the international border between the two countries.

The border area on Monday witnessed fierce clashes between the Sudanese army and the Ethiopian forces which led to the death of a soldier and several other wounded.

"The Sudanese army has continued its military operations to regain control of the agricultural areas, as it penetrated to Greater Fashaga after recapturing Abu Teyyour area," military sources told the Sudan Tribune correspondent.

"An army force took the control of two camps for Ethiopian troops and militias in the Salam Br area," the sources further said.

The Ethiopian forces built two large camps for several years ago in Salam Br, 15 km inside the Sudanese border.

The Ethiopian troops, from the Amhara region, waged severe attacks on the Sudanese army since last April.

The outbreak of the Tigray crisis and a recent attack on a Sudanese force patrolling the border triggered Khartoum's decision to control the whole international border in line with the 1902 agreement.

In the same context, the Sudanese army deployed its troops in Mahaj area, which is located south of Lugdi town, of the Tigray region.

The army reported that an Ethiopian militia, presumably Fano militiamen, attacked Alosra area inside the Sudanese border. They shot a shepherd in the area.

Amhara militiamen have played a significant role in the fight against the TPLF fighters of Tigray.

A joint committee from Sudan and Ethiopia will meet to discuss the border issue on Tuesday.

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December 21, 2020 (WASHINGTON) - U.S. lawmakers finally approved a bill reinstating Sudan's sovereign immunity for after months of political wrangling.

The legislation which was endorsed by both chambers of the U.S. Congress was released as part of US government funding bill and sent to President Donald Trump to sign into law.

The 'Sudan Claims Resolution Act' would quash all terror-related claims in court with the exception of 9/11 cases currently pending.

The U.S. will also pay a portion of the 1998 embassy bombings victims $150 million to settle their claims. They constitute African victims who have later acquired US citizenship.

Furthermore, Sudan stands to receive hundreds of millions of dollars from the U.S. under the funding bill including debt relief and other economic assistance.

According to the bill, the U.S. will disburse $111 million to pay off part of Sudan's bilateral debt, and $120 to help pay off its debt to the International Monetary Fund (IMF). Also, the legislation provides to support Sudan with $700 million until September 2022.

The Sudanese government signed a bilateral claims agreement with the United States last month that stipulated removing Sudan from the list of countries that sponsor terrorism and passing the ‘legal peace' bill in return for paying $335 million to settle with the victims of terror attacks.

The deal covers the 1998 bombing of U.S. embassies in Kenya and Tanzania and the attack against the USS Cole off the port of Aden in 2000 as well as the 2008 killing of USAID employee in Khartoum.

But the Senate Democratic minority leader Chuck Schumer and the ranking Democrat on the Senate Foreign Relations Committee insisted that the initially proposed bill extinguishes potential claims by 9/11 families and offered their own versions that allow them to go after Sudan in courts.

Sudan warned the U.S. that its agreement on normalization with Israel will not hold unless the sovereign immunity bill is passed. This also prompted Israeli officials to lobby U.S. lawmakers to salvage the deal.

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December 11, 2020 (KHARTOUM) - A driver was killed and passengers travelling with him were looted in a new attack by the Popular Defence Forces in Al-Abbasiya area of South Kordofan State

The attack which occurred on Monday was reported by a local group Hudo Center in a statement extended to Sudan Tribune on Friday.

"On 7th December 2020, Mr Ali Mohamed Zaitouna, 63years, a driver of a mini truck was shot dead and the passengers on board were robbed and assaulted while they were travelling from Kosti to Al Abbasiya,".

The attack was carried out by four gunmen dressed in military uniform Popular Defence Force (PDF) and riding motorbikes, added the statement.

After killing the driver, they assaulted the passengers and took their money and smart-phones, before to flee.

The transitional government dissolved the PDF militia after the collapse of the former regime. However, the forces of this militia have been integrated into the army and operate under its command.

At the contrary of the Rapid Support Forces, they are formed from civilians who have other occupations and dedicated to fighting local rebel groups or the Ethiopian militiamen on the eastern Sudan border areas.

Hudo said that the Abbasiya police did not investigate the case filed against the unidentified attackers and expressed deep concern about the security situation in the area.

The group further called on the Sudanese authorities to hold the police accountable for negligence and to address the security situation in the state.

The government and the rebel SPLM-N led by Abdel Aziz al-Hilu say committed to the unilateral cessation of hostilities but failed to hold peace talks to end the armed conflict in South Kordofan state.

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December 11, 2020 (KHARTOUM) - Sudan, urged the Security Council to lift the arms embargo imposed on the country over the conflict in Darfur, under the resolution 1591 (2005).

On Friday, the Council was briefed in a videoconference meeting by the Sudan sanctions committee on the situation in Darfur region during the period from 15 September to 10 December 2020.

The resolution 1591 (2005) imposes an arms embargo banning the supply of arms and related materiel to actors operating in Darfur. Also, it imposes travel ban and assets freeze on individuals designated by the Committee.

A year after the removal of the al-Bashir's regime, Sudanese transitional government keeps calling on the international community to end all the sanctions imposed during the former era.

"Lifting those sanctions was essential to ensuring lasting stability, as they no longer reflect the present circumstances in Darfur, compared to 2005 when the resolution was adopted," said Sudan's Ambassador to the United Nations Omer Siddig during the meeting.

Siddig added that the end of sanctions will allow his government to rebuild the capacity of the security forces and law enforcement agencies to preserve and enhance peace in Darfur and beyond.

On 2 November, Michael Pompeo the United States Secretary of State vowed to work with the Sudanese Government and international partners to identify circumstances that could lift the sanctions related to the Darfur conflict.

The two Governments have already begun consultations at the United Nations and Sudan is ready to engage with the United States and other Council members to swiftly end these sanctions.

For his part, the Chair of the Sanctions Committee Sven Jurgenson of Estonia told the meeting that "peace remains elusive as long as land use and ownership issues in Darfur remain unresolved and the Sudan Liberation Army-Abdel Wahid remains outside the peace process".

Jurgenson further warned that the return of the former rebel groups to the region to integrate the national army after the peace agreement may bring instability in Darfur due to the increasing tribal tensions.

The Security Council will receive the final report of the sanctions committee next February. Accordingly, it will decide to end its activities or to extend it for an additional year.

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December 11, 2020 (WASHINGTON) – The U.S. administration ramped up pressure on families and victims of the 9/11 terrorist attack and made an unusual offer in its race against time to get Congress to pass a bill this month that would restore sovereign immunity for Sudan.

US President Trump on the phone in the Oval Office

According to ABC News, the Trump administration made a last-minute offer to 9/11 group of claimants of $700 million that will be taken out of U.S. funds in return for them dropping their pursuit of claims against the East African nation.

But the victims made a counteroffer of $4 billion which was rejected by the administration and Senate Republicans.

Andrew Maloney, liaison counsel to a group of 9/11 families that sued Sudan and Saudi Arabia, told Voice of America (VOA)'s South Sudan in Focus program he welcomes any deal that provides compensation and justice for victims of terrorism, especially the attacks on the USS Cole and the embassy bombings.

“We wish and expect the 9/11 victims will be included some day but for now we don't want to stand in the way of compensation to the other bombing victims provided that the 9/11 victims' … lawsuit against Sudan for similar conduct is not in any way jeopardized,” Maloney told VOA.

He said his legal team also recognized that Sudan “really doesn't have much money,” and that the number of 9/11 victims is far larger than those from the USS Cole and the embassy bombings.

But Maloney argued that Congress should not grant Sudan any such immunity because it would deny his clients the right to pursue compensation for the 9/11 attacks.

The Sudanese government signed a bilateral claims agreement with the United States last month that stipulated removing Sudan from the list of countries that sponsor terrorism and passing the ‘legal peace' bill in return for paying $335 million to settle with the victims of terror attacks.

The deal covers the 1998 bombing of US embassies in Kenya and Tanzania and the attack against the USS Cole off the port of Aden in 2000 as well as the 2008 killing of USAID employee in Khartoum.

But the agreement between Khartoum and Washington ran into opposition from a fraction of the 1998 embassy victims who later became naturalized US citizens and insisted on being treated like their peers who were US citizens at the time of the attack.

According to a previous report by ABC news this week, the Trump administration offered them an extra $150 million again from US funds which they appeared to accept for now pending further details.

But the Senate Democratic minority leader Chuck Schumer and the ranking Democrat on the Senate Foreign Relations Committee insist that the proposed bill extinguishes potential claims by 9/11 families and offered their own versions that allow them to go after Sudan in courts.

Sources say that the 9/11 families want to go after Sudan in courts under the Foreign Sovereign Immunities Act (FSIA) rather than the Justice Against Sponsors of Terror Act (JASTA) which the Trump administration advocates. The former appears to have more robust enforcement mechanisms to collect on court judgements.

Alternatively, they suggested amendments to JASTA which Khartoum rejected in a phone call between US Secretary of State Mike Pompeo and Chairman of Sudan Sovereign Council Abdel Fattah al-Burhan. Under the bilateral claims agreement, Khartoum has veto power over the proposed bills.

The US administration has also opposed Menendez and Schumer's proposal because it would strengthen 9/11 claims against Saudi Arabia, a key ally.

Furthermore, the New York Times reported last week that Burhan warned Pompeo that normalization with Israel agreed to by Sudan last October is in jeopardy unless the bill is passed.

The US-based Axios news site reported on Monday that Israel is lobbying senators and members of Congress to approve the bill at the request of Khartoum.

“Since Sudan decided to normalize relations with Israel, Israel obviously has an interest to help resolve Sudan's problems in Washington. This can encourage other countries to normalize relations with Israel too," a senior Israeli official told Axios.

Schumer and Menendez issued a joint statement on Thursday saying that their offices “drafted not one, but two legislative options for restoring Sudan's sovereign immunity, preserving and protecting the claims of 9/11 families, and resolving the embassy bombing and other international terrorism-related claims against Sudan”.

“We offered two versions in the spirit of cooperation and compromise, both of which overcome severe problems with the deal the State Department cut with Sudan that have tragically pitted different groups of victims of terrorism against one another” the statement reads.

The two senators said their proposed versions of the bill enjoy the support of key house and senate democrats and are prepared to pass either one before the end of the year.

“We strongly support a successful transition to democracy in Sudan; making this deal work for victims of terrorism should not be in conflict with that goal. As negotiations with the Trump administration continue, we call on Senate Republicans and the State Department to step up to the plate and work with us to make it a reality.”

All sides believe that unless a deal is reached before year-end it will likely not be taken up by the incoming Biden administration until well into 2021.

In a related issue, the 45-day window for the US Congress to review Trump October 26th decision to remove Sudan from the list of countries that sponsor terrorism has expired yesterday.

The State Department said that Sudan is set to formally get off the list after Pompeo signs a rescission notice.

“The President transmitted the certification and justification required for SST rescission to Congress on October 26. If Congress does not block the rescission after a congressional notification period of 45 days in accordance with the relevant statutes, the decision would go into effect upon the Secretary's signing of a notice to be published in the Federal Register,” a spokesperson told Sudan Tribune today.

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December 10; 2020 (JUBA) - The South Sudanese presidency agreed on Wednesday to consult the Upper Nile communities on the appointment of Johnson Olony.as the state governor in a bid to end the stalemate between the president and his first deputy over the issue.

The meeting agreed that “the Revitalized Transitional Government (…) holds a conference in Juba for all the Communities of Upper Nile State to discuss ways and means of resolving any tribal or communal differences and to engender harmony in the State prior to a final decision on the appoint of the Governor of the State,” reads a statement released after the meeting.

The meeting was chaired by President Salva Kiir with the participation of FVP Riek Machar, and the four other vice-presidents: James Wani lgga, Hussein Abdel-Bagi Akol, Taban Deng Gai and Rebecca Nyandeng De Mabior.

Last June, President Kiir and FVP Machar reached a deal on the allocation of the 10 states after three months of discussions. However, the former refused to appoint the SPLM-IO nominee for the Upper Nile State Johnson Olony.

For President Kiir, Olony is a trouble-maker that he cannot appoint because he personally would be accused if he wages violence in the multi-ethnic state.

“If it is somebody who will cause fighting or conflict, like in Upper Nile, I say ‘no', because it will be on my neck later in the day,” Kiir said at the ceremony.

“If it is somebody who will cause fighting or conflict, like in Upper Nile, I say ‘no', because it will be on my neck later in the day,” said Kiir at the swearing-in ceremony of the state governors last July.

Lam Akol, the leader of the National Democratic Movement advised the presidency to not involve the Upper Nile communities in the dispute between the president and his deputy over the state government.

“The two parties should sort this matter out among themselves, and the sooner the better,” Akol wrote in an article published by on the Sudan Tribune.

He said that the two leaders have two options: the SPLM/A-IO either to insist on its nomination on the strength of the provisions of the Agreement or heeds to the President and changes their nomination.

“The Presidency would have rendered good service to the people of South Sudan if the four Vice Presidents in the Presidency had talked their two senior colleagues into accepting either of the two options above,” he stressed.

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December 11, 2020 (JUBA) - The United States, United Kingdom and Norway have commended South Sudanese leaders for agreeing on the long-awaited formation of the Transitional National Legislative Assembly (TNLA).

President Kiir shakes hands with his FVP Macahr in a recent meeting at the presidency (SSPPU photo)

On Wednesday, South Sudan's parties to the revitalized peace agreement broke the stalemate on formation of states governments and reconstitution national assembly.

The decision was reached at a meeting convened by President Salva Kiir in Juba in the presence of the First Vice President, Riek Machar.

“The president's objective of the meeting was to discuss the establishment of states and local governments. After a cordial lengthy deliberation, the meeting resolved that the president appoints the state and local government of nine states, except that of Upper Nile," said Cabinet Affairs minister, Martin Elia Lomuro.

"The meeting also resolved that the president proceeds to establish the Revitalized Transitional National Legislative Assembly and the Council of States", he added.

According to the minister, the Transitional Government of Nation Unity (TGoNU) would hold a national conference in Juba for all communities of Upper Nile State to discuss ways and means of ending tribal differences in the state, prior to the final decision on the appointment of their governor.

Meanwhile, Stuart Symington, the U.S special envoy said representatives of the TROIKA nations pledged to support the peace process in South Sudan.

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December 11, 2020 ((JUBA) - South Sudan's parties to the revitalized peace deal l have agreed on formation of states governments and reconstitution of the country's Transitional National Legislative Assembly (TNLA).

S. Sudan cabinet affairs minister Martin Elia Lomoro (Photo KT Press)

The decision was reached at a meeting convened by President Salva Kiir on Wednesday in Juba. Also present was the First Vice President, Riek Machar.

“The president's objective of the meeting was to discuss the establishment of states and local governments. After a cordial lengthy deliberation, the meeting resolved that the president appoints the state and local government of nine states, except that of Upper Nile," Cabinet Affairs minister, Martin Elia Lomuro said in a statement.

"The meeting also resolved that the president proceeds to establish the Revitalized Transitional National Legislative Assembly and the Council of States", he added.

According to the minister, the Transitional Government of Nation Unity (TGoNU) would hold a national conference in Juba for all communities of Upper Nile State to discuss ways and means of ending tribal differences in the state, prior to the final decision on the appointment of their governor.

He said the president is expected to issue a decree on decisions reached.

In September, the peace monitoring body (RJMEC) urged the peace parties to expedite the implementation of pending tasks agreed in the peace deal.

It also called for a speedy reconstitution of the national legislative assembly.

According to the 2018 peace deal, the national parliament and the Council of States shall be reconstituted. It stipulates that the parliament shall be expanded from 400 to 550 members.

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December 10, 2020 (KHARTOUM) - Amnesty International has called for a six-month extension of the presence of UNAMID peacekeepers in Darfur, pointing to the continued violence in the region and failure of the Sudanese authorities to restore order.

On 31 December, the mandate of the hybrid peacekeeping operation in Drfur will expire as it will be replaced by the UNITAMS, a political mission to support the democratic transition and the implementation of a peace agreement with the armed groups.

A joint force formed by the government and the former rebel groups will be deployed in the region to protect civilians in Darfur. UNITAMS would contribute to the training of the joint force.

“The UN Security Council should extend UNAMID's mandate for at least six to ensure the peacekeepers do not leave before UNITAMS is fully operational, and to enable proper training of national forces to take over the massive responsibility of civilian protection," said Amnesty.

"Otherwise, there will be a security vacuum, with disastrous consequences for the people of Darfur," it further stressed.

The international human rights groups cited the recent inter-communal attacks and the infighting between the different factions of the holdout group SLA-AW in the mountainous area of Jebel Marra which displaced over 27,000 people.

In a speech at a meeting of the UN Security Council on Tuesday to discuss the latest report on the situation in Sudan, U.S. Ambassador to the United Nations. Kelly Craft suggested a smooth transition between the UNAMID and the new mission.

“With the anticipated departure of UNAMID from Sudan, it is vital that its drawdown occurs in a responsible manner and that there is a smooth transition to the new special political mission… including robust training of police, rule of law support, and other issues listed in the Juba Agreement,” she said in her remarks.

For his part, the head of UN peacekeeping department, Jean Pierre Lacroix told the meeting that the tripartite mechanism (AU, UN and Sudan) recommended UNAMID's termination at the end of its current mandate, 31 December 2020, and a six month period of drawdown and liquidation thereafter.

UNAMID has more than 6,000 military and police personnel, representing 22 contingents. Also, it has over 1,500 remaining civilian staff includes about 700 international staff.

Atul Khare, Under-Secretary-General for Operational Support, told the meeting that an orderly and safe drawdown will take no less than 6 months, followed by a period of asset disposal and liquidation that will last from 9 to 12 months.

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December 10, 2020 (KHARTOUM) - The general prosecutor of the International Criminal Court (ICC) urged the United Nations Security Council to impress Khartoum to allow its teams to investigate war crimes in Darfur.

"I reiterate this call and urge this Council to impress upon Sudan the urgent need for my investigators to access its territory and in particular, to conduct investigative missions in Darfur without further delay," the prosecutor said on Thursday.

In a videoconference briefing to the 15-member body, Fatou Bensouda disclosed that her team was due to travel to Sudan in November for an operational assessment mission to prepare the arrival of investigation teams, two weeks after her first visit to Sudan from 17 to 20 October.

"Unfortunately, this mission was postponed at the request of the Sudanese authorities. No new dates have been offered and the window of opportunity to conduct investigations prior to Mr Abd-Al-Rahman's confirmation of charges hearing is rapidly closing," she stressed.

The prime minister and the other senior Sudanese officials pledged to facilitate the ground investigation works that the war crimes court needs to carry out before the trial of Ali Abd-Al-Rahman, aka "Ali Kushayb".

On 22 February, the ICC pre-trial court will decide whether accusations of crimes against humanity against Ali Kushayb are strong enough for a full trial.

"Unless the mission is rescheduled soon, my Office risks losing a golden opportunity to directly engage with victims and witnesses, in situ, for the first time and to ensure their evidence is made available to the judges at Mr Abd-Al-Rahman's confirmation of charges hearing," she stressed.

Ali Kushayb surrendered himself to the ICC in June 2020 in the neighbouring Central African Republic as he had fled from Darfur after the collapse of the former regime.

Bensouda said they sent a draft memorandum of understanding on modalities of cooperation between the Court and the Sudanese government shortly after their return from Khartoum and they are still awaiting the reply of the Sudanese government.

The prosecutor further said that the Sudanese government did not officially inform them about the handover of the remaining suspects.

She stressed that the ICC suspects including Omer al-Bashir must be brought to justice " either before the Court or in Sudanese courts, guided by the requirements of the Rome Statute".

"This Council can play a decisive role in expediting this process and ensuring Sudan's full, prompt and tangible cooperation with the ICC, consistent with its international obligations," she added after calling on the Sudanese government to dialogue with the court on this respect.

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By Dr Lam Akol

On 9 December 2020, the Presidency held its fourth meeting with all its members in attendance. A press statement following the conclusion of the meeting informed the public that the Presidency took resolutions on three important matters related to the Transitional National Legislature and formation of Governments in the States. The purpose of this article is to discuss those resolutions and whether or not they are consistent with the Transitional Constitution and the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

Resolution 1: That the president appoints the State and Local Governments of the nine (9) States, except that of Upper Nile State.

Here we shall discuss two aspects of the resolution. First, is it within the powers of the President of the Republic to appoint sub-national Governments? Second, regardless of who has the power to appoint State-level Governments, what is the justification for denying one State its right to get its Government like the rest of the States?

In my humble opinion, the President of the Republic has no power to appoint States' Governments. Of the numerous powers of the President under Article 101(they are 20) none is the appointment of State Governments. On the other hand, Article 164 (2) of the Transitional Constitution 2011, is clear that it is the Governor that appoints and relieves members of his Government. Article (2) stipulates that:

“ The Governor of each state shall be the head of the executive organ in the state and shall appoint and relieve the Deputy Governor, Advisors and state Ministers in consultation with the President and in accordance with the state constitution”.

For sure, the decision of the Presidency is a usurpation of powers of the States' Governors granted them by the Constitution. It becomes more puzzling when it is

the Presidency which heads the national executive charged with implementing the mandate of the Revitalized Transitional Government of National Unity (RTGoNU) that goes contrary to that mandate. Article 1.2.15 of R-ARCSS stipulates that one of the functions of RTGoNU is to “devolve more powers and resources to the State and Local Government levels”. Far from implementing this article, the Presidency is busy concentrating more powers into the hands of the President.

It is common knowledge that Parties to the Agreement have been engaged for the last couple of months in negotiations on the formation of States' Governments. They reached agreements on that. However, the responsibility of the Parties stops there. What should have happened was for the Parties to write a joint letter to the Governors of the States informing them of the agreements that have been reached for those Governors to issue Decrees appointing their Governments in accordance with the Transitional Constitution and the Constitution of each State, and supervise their taking of the oath of office.

In relation to exempting Upper Nile State from getting its Government, this action has no justification apart from the failure of the two Principals to R-ARCSS to agree on the appointment of the Governor of the State. We shall revisit this point later on.

Resolution 2: That the President proceeds to establish the Revitalized Transitional National Legislative Assembly and the Council of States.

Again, the R-ARCSS is clear on how the Revitalized TNLA is to be formed. The procedure to carry that out is clearly spelt out under Article 1.18 of R-ARCSS which defines the functions of the National Constitutional Amendment Committee (NCAC). Sub-Article 1.18.1.4 gives the NCAC the power:

“to receive a list of the nominees of respective parties indicated in Chapter 1, Article 1.13 of the Agreement relating to the appointment of members of the reconstituted TNLA. The list shall be submitted to the President who shall forward it to the TNLA.”

That is, the Parties to the Agreement (ITGoNU, SPLM/A-IO, SSOA, OPP and SPLM- FDs) shall submit the list of their nominees to the Revitalized TNLA (in accordance with Article 1.14) to the NCAC. Therefore, the President has no business to proceed “to establish the TNLA”. The parties should be urged to submit their lists

to the NCAC from whom the President will receive one unified list of the 550 members of the Revitalized TNLA. As to the Council of States, the agreement is silent on the procedure of its formation. Hence, the Presidency can decide how to do it.

Resolution 3: That the Revitalized Transitional Government of National (sic) holds a conference in Juba for all Communities of Upper Nile State to discuss ways and means of resolving any tribal or communal differences and to engender harmony in the State prior to the final decision on the appoint (sic) of the Governor of the State.

This resolution is specious. Whereas a conference between Upper Nile State communities, indeed all communities in the country, is a noble idea, the objective of holding it as per this resolution has nothing to do with the desired outcome. Tying the appointment of the Governor to the reconciliation of the communities in the Upper Nile State would mean that the purpose is for these communities to agree on the appointment of a Governor which is not their business and on which they are unlikely to reach consensus. More importantly, their differences had nothing to do with who should or should not be the Governor in the State. In fact, tying up the two is the surest way for the reconciliation to fail while two of the Parties to the Agreement continue with the stalemate on the appointment of the Governor at a time when the masses of our people in Upper Nile State continue to suffer including unnecessary loss of lives.

For the information of those who do not know this, the communities of Upper Nile State started a dialogue among themselves in late February 2020. The initiative was led by Dr John Gai Yoh assisted by General James Hoth Mai. Meetings were held in the house of our elder Hon. Joseph Bol Chan, Speaker of the Council of States. After the first meeting, an inclusive committee was formed to meet and listen to each of the five communities in Upper Nile State. The committee embarked on its mandate and met all the communities and their work is now well advanced. It was the advent of the COVID-19 that delayed the work for several months. A plenary will possibly be called soon to decide the next steps towards holding the Upper Nile State conference. It was stressed from the very beginning that it was purely for reconciliation and peaceful co-existence and politics should be kept out of it. This is the only way to ensure success. The sons and daughters of Upper Nile State are capable of solving their problems and they don't need to

be patronized by anybody. Direct involvement of the Government, which has not kept an equal distance between these communities, will create suspicion and cause failure. If the Government would want to help it should do so on the request of the Committee chosen to prepare for the conference.

As to the appointment of the Upper Nile State Governor, this has nothing to do with the people of Upper Nile State. Other Governors were appointed without sounding out the opinions of the people in their respective States. Why only the Upper Nile? The notion that it is Upper Nile State that is the only one whose tribes are at each other's neck is simply not true. Some communities in some parts of South Sudan have been fighting for years and we never heard the Government calling for a conference to stop the fighting or reconcile them. So, nobody should be taken in by these baseless claims meant to drive in a tribal agenda. The truth is that the stalemate on the appointment of the Governor of Upper Nile State is a matter for the leadership of the SPLM/A-IO and the President to sort out. Period. Keep the people of Upper Nile State out of it. The Agreement gives the SPLM/A-IO the right to nominate any person of its choice as Governor of Upper Nile State. The President has rejected the nomination for reasons that have no basis in the Agreement and would want the SPLM/A-IO to change its nomination. The way forward is clear. It is up to the SPLM/A-IO either to insist on its nomination on the strength of the provisions of the Agreement or heeds to the President and changes their nomination. There is no third option. The two parties should sort this matter out among themselves, and the sooner the better. The people of Upper Nile State have had enough. The Presidency would have rendered good service to the people of South Sudan if the four Vice Presidents in the Presidency had talked their two senior colleagues into accepting either of the two options above.

The people of Upper Nile State with go ahead with their planned conference in the way they perceived it. They don't need another complicating issue to be added to their plate of challenges; they have their hands already full. Let each carry his cross.

The author is the chairman of the National Democratic Movement.

December 9, 2020 (KHARTOUM) - U.S. Congress is on the verge to pass legislation supporting the democratic transition in Sudan that will tighten the control over the military-economic firms and force them to hand it over to a civilian-led government.

The ‘‘Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020'' (SDTAFTA) is incorporated in the National Defence Authorization Act (NDAA) for the fiscal year 2021 which set budget levels for the US military.

The lower house of the U.S. Congress, House of Representatives, passed the NDAA on 8 December by a veto-proof majority (335-78 vote in favour) to prevent President Trump from vetoing it as he threatens because it incorporates a communication law that shields Twitter, Facebook and other tech giants from content liability.

The bill now will go to the Senate where the position of Republican Senators remains unclear. Also, it is not certain that the outgoing president will ultimately sign the popular budget as the House has demonstrated strong support to the legislation and ready to impose it against his will.

Introduced in March 2020, the Act authorizes the U.S. president to provide assistance to the Sudanese government to "strengthen civilian oversight of the Sudanese security and intelligence services and ensure that such services are not contributing to the perpetuation of conflict in Sudan and to the limitation of the civil liberties of all people in Sudan".

Also, it says that upon Sudan removal from the terror list, the U.S. efforts to restructure and cancel Sudan's debt would be subjected to a certification by the US President providing that Sudan has taken steps to improve fiscal transparency.

This fiscal transparency includes the civilian control over the finances and assets of the military and security apparatus, transparent budget of these forces, identifying the military shares in all public and private companies and transferring it to the ministry of finance or any organism under civilian control

"Ceasing any involvement of the security and the intelligence services in the illicit trade in mineral resources, including petroleum and gold," further reads the law.

Suliman Baldo who serves as a Senior Policy Advisor for the Enough Project told the Sudan Tribune that the most important in this legislation that its seeks to establish a transparent mechanism to control the management of these military companies and prevent corruption.

"Within six months U.S. President will submit a report to the Congress on Sudan identifying individuals and entities that commit violations to hat violate this law and hinder the smooth democratic transition in Sudan," he further said.

The head of the Sovereign Council Abdel Fattah al-Burhan has resisted attempts by the government to control the economic activities of the army in Sudan. Also, he added the telecommunication sector to military control.

On the other hand, the Rapid Support Forces (RSF) under the control of his deputy Mohamed Hamdan Daglo 'Hemetti' continue to invest in the gold mining and seek to invest in other sectors such as the uranium in cooperation with Russian investors.

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U.S. House passes bill to support Sudan transitional government

December 9, 2020 (KAMPALA) - Government is working on an interconnection to export electricity to South Sudan, a Uganda Electricity Transmission Company Limited (UETCL) official disclosed.

UETCL's Managing Director, Valentine Katabira told reporters in Kampala Wednesday that the interconnection is part of the agenda to create a regional electricity sharing platform through which the East African Community achieves stable power supply.

“The interconnection with South Sudan is in line with the East African Community policy of connecting each country to have a power-sharing grid for better supply,” he remarked.

Currently, Uganda generates 1,200 megawatts with local demand of 600 megawatts, which creates a surplus of about 600 megawatts.

The landlocked country, officials say, is expected to add another 300 megawatts with the completion of Karuma Hydro Power Dam.

The interconnection to South Sudan, according to set to UETCL, which will allow Uganda to export electricity to another East African country, is expected to be completed next year.

Uganda currently exports electricity to Rwanda, Kenya, Tanzania and parts of eastern the Democratic Republic of Congo (DRC).

Meanwhile, UEDCL's Executive Director, Paul Mwesiga revealed that Uganda's government plans to connect 6.4 million households on the national grid through public-private partnerships.

“In order to do achieve government's target of connecting this 6.4 million household before completion of the 2020/21 financial year, we need to embark on sustainable financing through public-private partnerships,” he said, adding, “It is important that more households are connected in order to have a reduction in tariffs”.

The connections are estimated at $ 6.5b as part of the government's agenda to extend power connection, especially to rural areas.

South Sudan has one of the lowest electricity access, with more than 90 per cent of the population lacking access to electricity. Additionally, over 70 per cent of businesses in South Sudan reportedly depend on diesel-powered generators to operate, while most families rely on kerosene to light up homes.

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December 9, 2020 (KHARTOUM) – Two key Democratic senators defended their positions on a proposed bill that would restore sovereign immunity for Sudan and said they are prepared to work with the Trump administration to reach an agreement on the legislation to pass this month.

Senate Minority Leader Chuck Schumer, left, and Sen. Robert Menendez, right (Getty Images)

The Sudanese government signed a bilateral claims agreement with the United States last month that stipulated removing Sudan from the list of countries that sponsor terrorism and passing the ‘legal peace' bill in return for paying $335 million to settle claims with the victims of terror attacks.

The deal covers the 1998 bombing of US embassies in Kenya and Tanzania and the attack against the USS Cole off the port of Aden in 2000 as well as the 2008 killing of USAID employee in Khartoum.

But the Senate Democratic minority leader Chuck Schumer and the ranking Democrat on the Senate Foreign Relations Committee objected to the settlement saying it discriminates against African embassy employees who later became US citizens and extinguishes potential claims by 9/11 families.

This week ABC News reported that the state department offered to beef up payment to 1998 victims by $150 million out of its own funds. However, the sticking point remains the 9/11 issue and talks with the state department which brokered the settlement deal appeared to have stalled.

Schumer and Menendez issued a joint statement today saying that their offices “drafted not one, but two legislative options for restoring Sudan's sovereign immunity, preserving and protecting the claims of 9/11 families, and resolving the embassy bombing and other international terrorism-related claims against Sudan”.

“We offered two versions in the spirit of cooperation and compromise, both of which overcome severe problems with the deal the State Department cut with Sudan that have tragically pitted different groups of victims of terrorism against one another” the statement reads.

Sources say that the 9/11 families want to go after Sudan in courts under the Foreign Sovereign Immunities Act (FSIA) rather than the Justice Against Sponsors of Terror Act (JASTA) which the Trump administration advocates.

Sudan became exposed to individual lawsuits because FISA stripped it of immunity due to its inclusion in the terror blacklist since 1993. The East African nation will officially get off this list in the coming days.

The two senators said their proposed versions of the bill enjoy the support of key house and senate democrats and are prepared to pass either one before the end of the year.

“We strongly support a successful transition to democracy in Sudan; making this deal work for victims of terrorism should not be in conflict with that goal. As negotiations with the Trump administration continue, we call on Senate Republicans and the State Department to step up to the plate and work with us to make it a reality.”

Sudan itself has its own reservations on the bills, officials say and believe the differences have a 50-50 chance of being resolved this year given the unsuccessful rounds of negotiations.

But a new factor came into play which is the normalization deal between Sudan and Israel last October which was driven by intense pressure from the US. Last week, the New York Times reported that chairman of Sudan sovereign council Abdel-Fatah al-Burhan warned US Secretary of state Mike Pompeo that the peace deal is in jeopardy unless the bill is passed.

The US-based Axios news site reported on Monday that Israel is lobbying senators and members of Congress to approve the bill at the request of Khartoum.

“Since Sudan decided to normalize relations with Israel, Israel obviously has an interest to help resolve Sudan's problems in Washington. This can encourage other countries to normalize relations with Israel too," a senior Israeli official told Axios.

The Israeli officials said they got assurances from the Trump administration and from senior senators and members of Congress that the issue of the immunity bill will be solved.

The Congress is also under pressure from the victims' families who would only get paid the $335 million in compensation if the bill is passed.

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December 8, 2020 (UNITED NATIONS) - UN senior official on Wednesday called on the international community to support the fragile democratic transition in Sudan saying it can be derailed by the huge challenges the country has been facing.

Rosemary DiCarlo (UN Photo)

Under-Secretary-General for Political and Peacebuilding Affairs, Rosemary DiCarlo briefed the Security Council on the situation in Sudan and the activities of UNITAMS which preparing to begin its activities to support the democratic transition on the 1st of January 2021

Speaking in a virtual meeting of the 15-member body attended by the Sudanese ambassador to the United Nations, DiCarlo spoke about the difficult economic situation in Sudan coupled with the health crisis due to the COVID-19.

"Given Sudan's arrears, the country has been unable to avail of debt relief. The increased spending on emergency health programmes, coupled with a decline in public revenues, has led to a budget deficit of approximately USD 250 million per month," she said.

The US diplomat also highlighted the political fragmentation of the ruling coalition and their recent dispute with the military component over the formation of the partnership body to coordinate the transition and peace implementation process.

"Sudan is at a critical juncture. It can move forward decisively in its transition, but that process can still be derailed by the many challenges it faces," said DiCarlo.

"It is incumbent on all of us to support Sudan in its efforts to achieve democratic governance, economic prosperity and an inclusive society for all Sudanese," she further stressed.

UNITAMS deployment

Speaking about the United Nations Integrated Transition Assistance Mission in Sudan (UNITAMS), she said the mission has already begun to deploy to Khartoum since October.

"The mission will focus on the four objectives outlined in Resolution 2524: assist the political transition; support peace processes; assist peacebuilding, civilian protection and the rule of law; and support the mobilization of economic, development and humanitarian assistance," said the international diplomat.

Further, she added that the political mission will provide good offices, technical support and capacity building, and will leverage the work of the United Nations country team.

While the UNITAMS's headquarter will be in Khartoum, the mission will establish field offices in Darfur, the Two Areas and eastern Sudan.

(ST)

December 8, 2020 (KHARTOUM) - Senior Sudanese officials and the visiting Saudi Arabia's foreign minister discussed the security of the countries bordering the Red Sea and the need for joint cooperation.

Prince Faisal bin Farhan Al Saud was in Khartoum on Tuesday in the first visit to Sudan after the collapse of the former regime.

During his one-day, he met with the head of the Sovereign Council and the Prime Minister to discuss bilateral relations and ways to activate bilateral cooperation agreements between the two countries.

The Sovereign Council and the cabinet office issued separate statements following their meetings with the visiting Saudi top diplomat saying that he discussed the Red Sea security with them.

"The Saudi Foreign Minister praised Sudan's position and its participation in the Decisive Storm campaign (in Yemen), noting that the two sides agreed to jointly cooperate with regard to the security of the Red Sea," reads a statement by the Sovereign Council quoting Al Saud.

For its part, the cabinet said the meeting dealt with the "importance of the security of the countries bordering the Red Sea, in light of the conflict that broke out in the Tigray region of the Federal Democratic Republic of Ethiopia".

In January 2020, Sudan joint a Saudi initiative to establish a regional alliance between the countries bordering the Red Sea including Egypt, Djibouti, Somalia, Yemen and Jordan. Eritrea did not take part in the agreement demanding to include Ethiopia which has no access to the Red Sea.

However, despite the regime change in Sudan, Khartoum moved on and signed a deal with Russia negotiated by the former president to establish a navy base on the Red Sea in eastern Sudan, off the Saudi coast.

The prime minister said the meeting discussed regional conflicts in Yemen, Syria and Libya and it was agreed on the need to resolve these conflicts peacefully without foreign intervention.

On the ongoing discussions about the filing of the Grand Ethiopian Renaissance Dam, the Saudi minister backed Sudan's position on the need to reach a binding agreement for the three parties.

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December 8, 2020 (JUBA) – South Sudan has reached a health cooperation agreement with China for the next five-year period.

The deal, which was signed last week, allows China to deploy its medical teams in South Sudan over the period from 2021 to 2026.

This move, Xinhua reported, paves way for strengthened cooperation between China's Anhui Medical University and South Sudan's Juba Teaching Hospital through knowledge sharing and capacity reinforcement.

"We have always placed health care at the top of the agenda for cooperation between South Sudan and China," the Chinese ambassador to South Sudan, Hua Ning explained.

He added, “We also hope that with the support of China and other members of the international community, the health sector here will continue to develop and benefit the people”.

China has, since South Sudan's independence from Sudan in July 2011, become one of its main partners in health, a sector that is greatly affected by the security and economic challenges facing Africa's youngest state.

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December 8, 2020 (TORIT) – The leadership of the opposition National Salvation Front (NAS) has announced the alleged defection of the armed opposition faction (SPLA-IO) forces in South Sudan's Eastern Equatoria State into the hold-out group.

Lt. Gen. Thomas Cirilo Swaka, the ex-SPLA deputy chief of general staff for training (youtube photo)

NAS, in a statement extended to the Sudan Tribune said the Tafeng Division taskforce of the SPLA- 10 under Brig Gen. Kennedy Ongie Odong defected with forces under his command on December 5.

“The leadership of NAS and its members view this development as historical and nationalistic move. NAS encourages all other forces in the country who are dissatisfied with the dictatorial regime of Salva Kiir, including the SSPDF who feel exploited to emulate the example shown by Brig Gen. Odong and his colleagues,” partly reads the statement issued by the spokesperson, Suba Samuel Manase.

It further added, “The leadership of NAS appeals to all freedom fighters in the country to join hands together with NAS in its struggle to restore our people's lost dignity, justice, equality and freedom”.

Sudan Tribune could not independently verify claims from the hold-out group, which comes barely a week after the SPLA-IO held its 6th national conference in South Sudan's capital, Juba from December 1-5.

The conference, attended by the armed opposition top leadership, discussed the implementation of the revitalized peace agreement, formation of the national and statement government, the vision and mission of the SPLA-IO in the transitional period, among others.

As part of resolution from the conference, the armed opposition movement agitated for reconstituting of the national legislature, recommitted itself to the Rome initiative and re-affirmed its commitment to the implementation of the revitalised peace deal.

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November 28, 2020 (KHARTOUM) - The Ethiopian Ambassador to Sudan Yibeltal Aemro said the sharp decrease in refugee flows into eastern Sudan confirms that life has returned to normal in Tigray region.

Amero sent a written to Sudan Tribune on Friday in response to an article published on Thursday about the sudden decline of the refugee's number crossing into Sudan after the control of the border area by the Ethiopian forces which prevent them from reaching the refugee camps.

The article also mentioned a report by the AFP correspondent about the situation in the border area of the Ethiopian side. He said that the government despatched Ahmarah officials and militiamen are now controlling the border area of Humera.

Ambassador Aemro, hover, denied the presence of the government forces near the Sudanese border saying they are deployed around Mekele city, 300km from Humera, where they are fighting the recalcitrant Tigray forces.

"The decline in the number of people who are crossing the border is because of return to normalcy in most parts of Tigray not because of the ban by the government forces," he said an email he sent to Sudan Tribune.

The Ethiopian diplomat went further to say that elements of the Tigray People's Liberation Front (TPLF) who fled to the refugee camps in eastern Sudan seek to manipulate the international media.

"One also should understand the fact that the criminal elements within the TPLF, including those who crossed the border with the civilians, are deliberately trying to misinform the international community on the matter," he stressed.

UN High Commissioner for Refugees, Filippo Grandi, Friday was at Eastern Sudan's Ethiopian border to inspect the humanitarian situation of the refugees.

"Most of them want to return home, but only if fighting ends and they can feel safe and secure. Meanwhile, we are stepping up efforts to address their basic needs," said Grandi in a tweet posted after the visit.

UNHCR head said that over 43,00 refugees are now in Sudan.

In a statement on Tuesday, the UN chief Antonio Guterres called for the "free and safe movement of people searching for safety and assistance, regardless of their ethnic identity, across both national and international borders".

Yaqoub Adam Yaqoub, the director of the reception centre in Hamdayet told the Sudan Tribune on Friday that they are facing a severe shortage of shelter and housing equipment. He also complained of poor services despite the cold weather.

Yacoub added that more than 75% of the people fleeing the violence in the Tigray region are now in the centre.

He attributed the delayed transfer of refugees to the Um Rakuba camp, 70 kilometres inside Gadaref State to the severe fuel crisis and the shortage of vehicles.

For its part, the UNHCR said they helped to relocate nearly 10,000 refugees to Um Rakuba, as work continues to put up shelters and improve services.

(ST)