New Sudan Legislation Becomes Law
The United States Congress has overridden President Trump’s veto of the National Defense Authorization Act for Fiscal Year 2021 (HR 6395), which included the Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020 (HR 7682).
This is a positive step forward with regards to U.S. policy toward Sudan. You can read the full bill here, or check out the summary below.
What HR 7682 Does
The Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020 requires the Department of State to submit a strategy to Congress outlining U.S. support for a transition to civilian-led government in Sudan.
Sudan's paramilitary Rapid Support Forces (RSF) in Khartoum, Sudan. Umit Bektas | Reuters | Adobe
It also authorizes certain measures to support and assist such a political transition. Specifically, the bill requires the State Department to submit a strategy that includes:
An articulation of specific U.S. objectives for the political transition in Sudan and a plan to achieve such objectives;
An assessment of reforms necessary to promote human rights, essential freedoms, and accountability, as well as a description of efforts to address such reforms;
An assessment of security sector reforms by the Sudanese government, such as demobilizing militias and fostering civilian control of the armed forces.
The bill also authorizes the President to provide certain support for the following:
Democratic governance, rule of law, human rights, and fundamental freedoms;
Programs to advance economic growth, private-sector productivity, and market-based solutions to development challenges;
Conflict mitigation strategies to support long-term peace, stability and oversight of Sudanese security and intelligence services; and
Accountability for war crimes, crimes against humanity, and genocide.
The bill requires the President to impose sanctions on individuals who the President determines are committing human rights abuses, exploiting natural resources, or undermining the political transition in Sudan.
Upon certification that Sudan has taken steps to improve fiscal transparency, the Department of the Treasury and the State Department must engage with international financial institutions to restructure, reschedule, or cancel the sovereign debt of Sudan.
During the transitional period in Sudan, Treasury may also support the use of certain funds to respond to the COVID-19 outbreak in Sudan.
How This Is Being Received In Sudan
As expected, this legislation is being received in mixed ways, especially inside of the transitional government.
The Sudanese military and their abusive paramilitary allies remain in control of large parts of the country’s economy, which is seen as a major barrier in Sudan’s slow crawl toward democracy and major reforms. Unsurprisingly, the Sudanese military establishment isn’t happy about the legislation, while many civilian leaders seem to be grateful for it. As Radio Dabanga notes:
The bill has caused controversy within the Sovereign Council as especially the role of the army in the country’s economic affairs will be challenged. Earlier this year, Lt Gen Abdelfattah El Burhan, Commander-in-Chief of the Sudan Armed Forces (SAF) and Chairman of the Sovereign Council, received widespread criticism with his defence of the role of the SAF in Sudan’s economy.
Prime Minister Abdallah Hamdok took aim at the Sudanese military over its vast economic activities on Monday. He said these should be limited to the defence sector. “In today's world, there is no place to hide,” he said and explained that financial transparency and accountability of companies related to the government and the military is a basic and imperative requirement, as it is not possible to manage the resources of the Sudanese people without it.
Why This Bill Is Important
U.S. policy toward Sudan has always been a strange beast. Over the past few decades, Congress has routinely battered its way into the Executive Branch and forced various administrations to focus more on Sudan or adjust policy course.
While American policy toward Sudan has gone through plenty of ups and downs in this time period, it has hit an abysmally low point during the Trump Administration. During some of the most tense moments of Sudan’s 2019 revolution, the Trump Administration didn’t even have a policy on Sudan.
The President’s America First approach led to the United States being near dead-last in recognizing the seismic changes occurring in Sudan, and what it could mean for the American relationship with the Sudanese people.
This legislation is Congress getting out the battering ram again, despite the Trump Administration being on the off-ramp out of the White House. The incoming Biden Administration will most likely agree with the core tenants of the legislation and simply move forward in executing the policy.
In summary, this bill is important because Sudan policy has been grossly mismanaged the last few years. This is a positive course correction that better meets the realities of the situation on the ground in Sudan today.
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