Possible and impossible in the formation of an interim wartime government in the Sudan (3-3)
Third: National Salvation Government
International experiences offer another model for the countrys temporary management in times of political crisis, to overcome the political and security crisis through the formation of a government (national rescue), which may also be called the Government of National Accord). The National Rescue Government meets the idea of the Emergency Government and the Caretaker Government that it is addressing exceptional circumstances and is therefore an interim Government with transitional and urgent functions. The Government of National Salvation is formed in accordance with political consensus to overcome a political crisis. Because the idea of the Government of National Salvation is not settled on a single measure, it has become confused with political elites. Such a government is resorted to in cases of national incompatibility, coupled with anarchy, unrest and political instability, or in the event of a political or military coup d état, which prevents the collapse of the state entity or stops the causes of the descent into civil war. In such circumstances, the Government is made up of politically agreed, impartial and competent personalities and enjoys independence from the parties in dispute over governance.
The National Salvation Government may be formed under international arrangements by the United Nations Security Council, under Chapter VII of the Charter of the United Nations. They may be part of purely national arrangements, such as the formation of a national salvation government as part of the martial law following the coup d état, or subsequent to a political agreement between political forces after the completion of a national dialogue or peace agreement, thereby making a consensual government with the most influential political elements and leaders. So the legal framework of the National Salvation Government is different from the Constitution in force in the country, where there are no provisions in the Constitutions regulating the procedures for the formation of the National Salvation Government. Indeed, the idea of establishing a national salvation government includes recognition of the Constitutions failure to regulate constitutional relations, maintain political stability and maintain peace in the State. That is why politicians are resorting to alternatives from outside the Constitution to address the countrys political situation.
The success of the Government of National Accord depends, inter alia, on the consensus between the most important political actors and the unification of political will. The experience of war in the Arab countries of Syria, Yemen and Libya has seen attempts to apply the idea of the government of national rescue as a transitional step towards peace and political stability, but each of these experiences has been accompanied by difficulties that have made it difficult to achieve the transitional objectives of peace, stability and political consensus. According to recent experience, the National Salvation Government or the Government of National Accord is constituted by a national agreement resulting from a comprehensive dialogue and international sponsorship, as in the case of the Skhirat Agreement in the Libyan experiment, in which the European Union committed itself to supporting and assigning the Government until the completion of its transitional objectives.
Is the Government of the Sudans bailout relevant?
The implementation of the idea of the Government of National Rescue in the Sudan requires the creation of a legal and political framework and consensus on a political transition led by the Government of National Accord. It is important that similar countries experiences in implementing the Government of Salvation be shared under the circumstances of political crises.
Fourth: Government in Exile:
The exile government is one of the models of governments formed in exceptional circumstances. The exile Government has no constitutional basis and seeks to acquire its legitimacy through the acquisition of popular acceptance and international recognition.
Clearly, it is called the government of exile because it is established outside the geographical boundaries of the state because of the seizure of power by an illegal group in the country by force of arms, because of the military coup d état or the occupation of the country by foreign powers. The exile Government is a political group that claims legitimate ownership and representation of the people, but is unable to exercise its powers and instead lives in a foreign country. Governments in exile usually plan to return one day to their country of origin and restore official authority. Accordingly, the Government of exile seeks to represent the State before international institutions, in an attempt to gain legitimacy before the international community. However, the exile Government has been the subject of debate in international law, and efforts have not succeeded in creating a consensus to accept the exile Governments idea. There are many applications of exiled Governments that the world has seen since early, and Governments in exile consisting of foreign lands, from those that are rebels in the territories they control, distinguish the latter from operating on part of the countrys territory and central part of its citizens.
The latest example of the exile government, found in Mainmar in which the exile government was formed in 2021 and called the Government of National Unity of the Mainmar Union Republic. The government was formed following the military coup d état in 2021 and consisted of then elected members of parliament. The parliament elected in Mainmar before the coup d état at the end of 2020 formed the exile government called The Committee Representing Pyidaungsu Hluttaw.
States that refused to recognize the Government of the military coup d état in Mainmar, in return, granted the Government of exile recognition and political support in order to blockade and delegitimize the coup d état. Among them, the United States and a number of European countries recognized the exile government in Mainmar.
As well as the exile Government of the Republic of Ukraine in 1919 following the Bolshevik occupation of Ukraine, the Polish Government in exile from 1939 to 1945, the Central Administration of Tibet in exile consisting of 1991 and the exile Government of East Turkestan constituted in 2004.
In terms of the obligation to form a Government of exile, there must be a Government constituted by democratic procedures and in favour of the peoples acceptance. The dissolution of the Government and its constitutional institutions and the seizure of power are unconstitutional by the military (through a military coup d état), or by the foreign occupation of the country. Presumably, the pre-coup d état or occupation Government retains its constitutional legitimacy as enjoying popular and international acceptance, and thus endeavours to continue its functions and representation of the people, outside the borders of the country. This is the denial and non-recognition of the de facto authority that apprehends the reins of government after the coup d état and the dissolution of constitutional institutions. It is thus one of the political opposition to the coup d état.
Does the Government of Exile in Sudan apply?
There is no legal and constitutional framework governing the formation of an exiled government in the Sudan. The idea of an exiled Government serves political and diplomatic purposes for the group opposed to the de facto Government. This proposal is applicable outside the Sudan, but its success depends on the level of national and international recognition of the exiled Government.
Fifth: Shadow Cabinet:
The shadow cabinet is made up of senior members of the main opposition party who are the main speakers of the opposition party in specific government areas. Shadow ministers are appointed by the Leader of the Opposition and generally assume roles designed to monitor and monitor the performance of effective government ministries. The task of each minister in the shadow cabinet is to examine and monitor the performance of the corresponding minister in effective government, and to present proposals and alternative policies that are consistent with the opposition partys strategy. There is no specific history of the emergence of the term shadow cabinet, but the term emerged in the late 19th century in Britain, where members of the defeated party in parliamentary elections used to call for a meeting to lead the opposition against the new government, and in the 1950s the shadow cabinet became an essential part of Britains political process. Thus, they are democratic practices produced by the Westminster system in Britain.
Despite its active role in revitalising Britains constitutional order and in the development of democratic practice and in the expansion of oversight of the Governments performance State , however, the shadow Government is formed outside the constitutional system - operating in the presence of a recognized de facto Government in the State, It is not necessary that the current Government performing the functions of the Government illegally seized the Governments judgement. The shadow cabinet may be established under dictatorship and may be established under democratic rule. Some writers have used the term shadow government on the Minmar government in exile, but I believe that it is not the case with the Minmar government in exile, which is located in Washington.
Based on the definition of the term shadow government, as established by the Westminster experience, the Sudan had no constitutional experience in the practice of organizing the shadow government in either democratic or military dictatorships. However, the Sudan has witnessed a unique experience of organizing youth in structures and committees for the so-called shadow government of the Sudan, in which the shadow Government was an opposition activity to the Government of ousted President Omar Hassan al-Bashir, initiated by political activists and interested in public affairs in 2011 in order to monitor and criticize government performance through periodic reports. Later, after the fall of General Omar Hassan al-Bashirs government in April 2019, shadow government activists were a new party named the Sudan Building Party.
Does the application of the shadow government in the Sudan work?
The shadow Governments experience is applicable in the Sudan under all political circumstances and constitutes a level of monitoring and monitoring and effective participation in the exercise of citizenship rights and in the achievement of national objectives. But it will not be effective in closing the vacuum in the Sudans executive branch, nor will it help to manage government facilities with stability and provide services to citizens.
Sixth: The Government established by a Security Council resolution: The Government of Kosovo:
This is another model of an interim government after the end of the war. This model is established by a resolution of the United Nations Security Council, under its Chapter VII powers, for the maintenance of international peace and security. The Republic of Yugoslavia has been engaged in a grinding civil war since the early 1990s. In 1999, the Security Council issued its resolution S/RES/1244 (1999), withdrawing all Yugoslav and Serbian forces from Kosovos territory and announcing the deployment of United Nations forces in Kosovo Province.
When Serbian forces left Kosovo in 1999, the United Nations Interim Administration Mission in Kosovo (UNMIK) was established immediately, and the Interim Government of Kosovo was elected. In accordance with its mandate, UNMIK is helping to ensure conditions conducive to a peaceful normal life for all of Kosovos population and to promote regional stability in the western Balkans. The Missions priorities focus on promoting confidence-building among communities, respect for human rights and the rule of law, gender equality and the empowerment of women and youth.
Since then, political institution-building has continued, but bilaterally and in parallel, on the one hand, international institutions and missions, and on the other hand, there have been numerous endeavours to establish alternative Kosovos local political institutions. During the early years following the liberation of Kosovo, it was the UNMIK Foundation that had the decisive say in political decision-making, while Kosovos political and governmental actors were primarily interested in the institution-building process to enable them subsequently to play advanced and more visible roles in the areas of legislation and the work of the executive. On 17 February 2008, Kosovos independence was declared, and much of the UNMIK powers were transformed into Kosovos national institutions.
In conclusion, the conduct of State business in Kosovo under a Security Council resolution, the authorization of an international administration to protect citizens, the establishment of rule of law institutions and the provision of basic services, was part of a long-term plan to build the state, protect civilization and end the ethnic war between Muslims and Serbs. This was, therefore, an arrangement that, apart from assisting the State in political stability, peaceful coexistence and development, included the achievement of broader objectives, namely, ending the armed conflict and its regional and international effects and maintaining international peace and security.
Is the formation of an interim government fit for a UN decision in the Sudan?
The United Nations Sudan Democratic Transition Assistance Mission (UNMIS) was established by a Security Council resolution to have a specific competence to assist in the success of the democratic transition by - helping to organize elections - writing a constitution for the Sudan - helping to resolve the economic crisis - and building sustainable peace. The development of events on the ground and their impact on international peace and security will determine the evolution of the Security Councils position on the Sudan and will determine the new role that the Security Council is supposed to play. The United Nations experience in Kosovo has been financially costly, placing significant administrative, technical and logistical burdens on the United Nations and its institutions, and it is not easy to return to that experience. Any change in the Missions current functions in the Sudan would require consensus on a new Security Council resolution that would expand the Missions functions to include new political and administrative tasks.
Important concluding observations:
- It is understandable that the security situation and the enormous chaos that has hit the country from maximum to maximum has made the issue of discussing acceptable proposals for the formation of an interim government for the Sudan even more urgent in wartime to address urgent issues that are critical to citizens needs in wartime, as well as to lead and organize society, maintain social cohesion and foster solidarity, cooperation and victory. However, the importance of this requires more care and attention to provide proactive conditions for the formation of a wartime government. Among the requisite proactive measures is the legislative framework under which consensual transitional measures are developed -- such as a legislative framework that may be a comprehensive peace agreement with constitutional provisions facilitating procedures for the formation of transitional institutions.
- The political consensus aimed at establishing an interim government in the Sudan is successful, taking advantage of societal groups that have a real interest in change towards political stability, democracy, peace and sustainable development. In this, it is important to support the mechanisms of political forces to engage the committees of resistance, women and youth. An agreement on political transition in the Sudan will require the acceptance and support of the street and resistance committees. The international community must use its assistance mechanisms to support consultations and the participation of political forces and leaders with these community groups, including women and youth. Such an investment would be a way to establish a Government accountable to citizens, a necessary basis for any transitional Government.
- In the circumstances of war, the sovereignty of the violent approach and the weakness of the executive branch, it will be important for military institutions, particularly those engaged in hostilities, to be committed to the national consensus document and to play a role in protecting the interim Government. The adoption of multiple Governments in each belligerents areas of control will not contribute to solving the problem and is expected to increase the crisis and weaken the chances of a solution.
