The constitution commission commenced its first session on 30th April, 2005 in Khartoum, three months after the two negotiating parties signed a final bilateral agreement in Nairobi on 9th January 2005. The Commission is to draft an interim constitution that will mark the beginning of the transitional period and the formation of a broad national government.

However, as expected, the parties want to consolidate what they have gained in Naivasha on power sharing 52% to the Government and 28% to the SPLA/M. They are not prepared to compromise with the opposition forces on this even in the writing of a constitution which needs decision-making to be fairly shared in order to to decide together the future of the country. The traditional parties, including the Umma party and Democratic Unionist Parties and others several political parties are given 14% and this is of course does not even included the people of Darfur, eastern Sudan and some southern opposition.

It is important that the drafting of the constitution should involve every group in the country regardless of their ethnicity, religion or political affiliation, as good practice this is internationally recognized. The future of the country depends on a constitution that is agreed by all parties in the country. Therefore, this constitution cannot be decided by the two parties alone: National Islamic Front and the Sudan people's Liberation Movement/Army and it has to be drafted and accepted by all parties. It is for this reason the opposition parties are boycotting this constitution commission and claim this is an illegal government embarked onan unconstitutional process.

The NIF was not elected by the people and it came to power through a military coup. It represents a small minority in the Northern Sudan (approximately 5-7% of the total populations). The SPLM/A is also a small minority and does not represent the whole of the Southern Sudan. These two parties met and negotiated a peace under duress and reached a peace deal known as the Naivasha Accord which many believe had been cooked up by the international powers, mainly United States and Britain. The two parties excluded many of the stakeholders in the peace process and now want to do the same on an issue which is of paramount importance for all, that is the drafting of an interim constitution. Over and above this the entire region of Darfur people are not represented in any forum or shape in the peace negotiation. Also this follows for the Nuba Mountains, Southern Blue Nile, Eastern Sudan as well as the traditional parties, namely Umma Party and Democratic Unionist Party. Therefore, it is obvious that the majority of the Sudanese people have no say or input in the peace agreement and they will also have no say in the interim constitution.

We do not know the details and the secret agenda behind this agreement. It is quite obvious, however, that the two parties who negotiated and signed the agreement devised a system which guarantees them an automatic two-thirds majority allowing them to block any attempt by a majority of the Sudanese people to have a realistic say in the formation of this interim constitution and thus, no say in how the country can be run during the six year interim period.

As it stands the NIF controls and dominates the money and the power in all districts of Sudan including the South. It has been evident that they only employ their supporters in every walk of life in Sudan. Therefore, their insistence on this automatic and unquestionable majority is meant to consolidate their hold on power and to devise an interim constitution, and later a permanent constitution, that will consolidate their hold on power and maintain the status-co. Therefore, it will be quite foolish and futile for anybody to give any legitimacy or credence to this constitution-drafting process which is likely to be based on the 1998 NIF Islamic constitution, which the majority of Sudanese rejected.

Apparently, the two parties have invited their supporters to take part in deliberations at the Constitution Commission and among these will be many of their "yes" men and women who have neither political experience nor backgrounds in law. They are there not for to contribute to the making of the constitution but just to raise their hands when they are asked to do so.

As mentioned earlier the Naviasha agreement contains secret agendas and it is no surprise to see some of these are eventually beginning to emerge. One of them, which was not in agreement document, is that the Constitution Commission is to table a draft proposal to be incorporated in the interim constitution, which will prevent people and political parties who do not recognize the new constitution or did not support the peace agreement. The proposal will prohibit such people, political parties and civil organizations from exercising their political rights and undertaking political activities. And they will not be allowed to contest the election. This is a clear indication that there will be none of the democracy that the Sudanese people are dreaming about. In addition, the election commission will not be independent, the distribution of the constituencies is likely to be controlled and managed by the NIF government and above all there will be intimidation, harassment as well as fraud during the election. This is a constitution of two giants consolidating power which will leave the majority of Sudanese people to suffer endlessly.