The Legal Perception and the Current General Elections Registration in Sudan
By Dominic Woja Maku
As we are all aware of the upcoming general elections in Sudan in April 2010, there are a lot of discussions and debates about who is eligible to vote and who is not. Many of the arguments evolve around the legal aspect and the political aspects of being a Sudanese citizen. Moreover, there is the argument about the sense of national identity and citizenship.
Many accusations and counter accusations have already been exchanged amongst quite a number of people including against the National Electoral Commission led by Honourable Abel Alier. Many have resorted to use the conventional orthodox and archaic Sudanese constitution for the legal definition of Sudanese citizenship and naturalization. Perhaps those who reason along those olden perceptions may be right or may be they are partially misguided.
The Sudan has been at war ever since it attained its independence from the British colonial rule in 1956. Many Sudanese citizens fled the country and resettled in various parts of the world (other African countries, Asia, Europe and the Americas) under the auspices of the United Nations High Commissioner for Refugees. This is a fact no sound minded Sudanese can afford to deny.
Then came the second wave of the civil war in 1983 where hundreds of thousands, perhaps millions, have been displaced in the same manner as it happened in the fifties. This same wave of Sudanese displacement has scattered Sudanese citizens all over the world.
Then came the Comprehensive Peace Agreement (a.k.a. CPA) penned in January, 2005. This agreement paved the way for peace in Sudan and allowed for thousands of Sudanese to either voluntarily or by the help of the UHNCR return home, and many are still in the process of returning home.
The question that arises is: Did the Sudanese government stop the voluntary repatriation of its citizens home because they (citizens) did not possess Sudanese passport or Sudanese Nationality, or Birth Certificate? Absolutely not as far as many know, including me. There has never been such a thing that you cannot return to Sudan since you do not legally have a Sudanese passport, therefore you are not a Sudanese citizen at all because the law does not state that you are Sudanese.
When the war ended in 1972 by the signing of the Addis-Ababa Agreement, millions of Sudanese were repatriated to Sudan without being asked of any passports. Many would argue that because they (Sudanese refugees were registered under the UNHCR and therefore were legally recognized as Sudanese citizens since they possess UNHCR documents).
Alright, if this kind of argument holds enough water, what about now, has the UNHCR repatriation policy changed over the years so that those who are under its (UNHCR's) custody are no longer recognized as Sudanese citizens? (the case of Sudanese refugees residing in Kenya, Uganda, Congo, Ethiopia, etc.). I believe not.
Now, before we continue we ought to take a look at the twist of political events that brought in political transformation in Sudan. "THE INTERIM NATIONAL CONSTITUTION OF THE REPUBLIC OF THE SUDAN, 2005" (CPA, Naivasha, 2005): Here we can find the profound clarity about who exactly is a legitimately recognized citizen of the Sudan:
Citizenship and Nationality
Clause
7 (1) Citizenship shall be the basis for equal rights and duties for all
Sudanese.
(2) Every person born to a Sudanese mother or father shall have
an inalienable right to enjoy Sudanese nationality and
citizenship.
(3) The law shall regulate citizenship and naturalization; no
naturalized Sudanese shall be deprived of his/her acquired
citizenship except in accordance with the law.
(4) A Sudanese national may acquire the nationality of
another country as shall be regulated by law.
In clause 7 (2) states that "anybody born to a Sudanese father or many shall enjoy Sudanese citizenship", but it does not state anything about where (what country, etc.) those born to Sudanese citizens must come from. Some people have already tried to interpret the Sudanese laws in various ways (legal/legislative, political and even geographic) ways. Which is not bad.
Politically, the current decision made by the electoral commission to limit the voting registration process to particular geographic locations may be more of a political decision rather than a legal decision.
Clause 7. 4) states that, "A Sudanese national may acquire the nationality of another country as shall be regulated by law". Thus, all Sudanese who have acquired other countries nationalities are still citizens of Sudan because clause 7. (2) stipulates clearly that, "anybody born to a Sudanese father or mother shall enjoy Sudanese citizenship".
Apparently all Sudanese who have acquired other nationalities are all called "Sudanese" in their countries of residents. Why on earth are they still considered "Sudanese if they have lost their [Sudanese citizenship]? All the documentations/nationalities issued to Sudanese bear all elements (Date of Birth, Place of Birth/origin, etc.). So, dual citizenship is a political act because it is regulated by the law such as the Interim Constitution of Sudan (CPA), anything less or more than that is no longer political, thus a violation of the law.
The Exclusion of other Sudanese from voter registration.
It is quite clear that other Sudanese from specific geographic location are being excluded from registering to vote in the upcoming general elections schedule for May of 2010. The CPA states clearly that general elections be carried out in order for the referendum to take place in 2011. Thus, the responsible political parties have the responsibility to ensure that all Sudanese are registered to take part in the general elections irrespective of where they live.
It is up to the ruling political parties (CPA partners) to make sure that all Sudanese go to the polling stations and vote, not the NEC. If many are left out of the registration process, it would likewise be because of political short coming and pitfall, not legal procedure.
According to the CPA/Government of National Unity the SPLM and the NCP are the responsible political parties who were charged with the task of making the elections succeed. In other words, non other than the two political parties can move the process ahead or bring it down. If the NCP is playing its role, the SPLM should also be doing its part if the elections are to produce a positive outcome. So far, there are a lot of irregularities and misinformation, leading to accusations and counter accusations.
But the whole voting registration exercise rests with the SPLM and the NCP. In any case if a legal decision is made in accordance with the constitutional interpretation of the legal aspects of the whole process, it should be made by both political parties enshrined and empowered by the CPA. If the executive (presidency) is to make a decision, both the First Vice President of the Republic of Sudan and the President of South Sudan H.E. Lt. General Salva Kiir and H.E. the President of the Republic of the Sudan Omer el Bashir are the only ones who can make that legal decision, but not the electoral commission.
Dominic Woja Maku is a Sudanese and a Doctorate student of Educational Leadership and Policy at the University of British Columbia, Canada. He is the author of: Okumu's Journey: A Sudanese Refugee Boy's Narrative and Dark Feathers Along the River Nile.
Reach him through dwm598@yahoo.co.uk