STAND - December 2010

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DECEMBER 2010 // standcanada.org

SUMMARY // CONTENTS // HUMANITARIAN AFFAIRS AND SECURITY--- The Sudan Armed Forces (SAF) are using violence against the Justice and Equality Movement (JEM) and the Internally Displace Persons (IDPs). These actions are aimed to provoke JEM militia to break the current ceasefire and to deter IDPs from registering to vote in the January referendum. NEGOTIATIONS AND PEACE PROCESS--- It is believed that the pending referendum will result in

the secession of South Sudan, and thus an independent Southern Sudan. The referendum, which is to take place on January 9th, 2011 is the cumulative moment of the terms outlined in the Comprehensive Peace Agreement (CPA) signed in 2005 (as means to end the 25 year civil war between North and South Sudan). Around five million southerners, living in North Sudan, South Sudan and abroad, are eligible to register to vote in the referendum. For the south to secede in a valid referendum, there must be an absolute majority of a minimum of 50 percent for independence plus one vote, and 60 percent of those eligible must also have cast their ballots. On account of this technicality, the SPLM has speculated that the NCP may attempt to sabotage the vote.

DEVELOPMENT IN SOUTHERN SUDAN---- The preparations regarding the upcoming referendum determining South Sudanese independence continue to be marred by a host of political and logistical problems that will likely undermine its legitimacy. The oil-rich Abyei region continues to be an unresolved issue. Late voter registry, a lack of voter registration in the North, and an unclear system for determining voter eligibility are the latest problems to arise. Furthermore, both sides are still accusing each other of massing troops at the border. The UN has refused to send additional peacekeepers to establish a buffer zone. DARFUR AND CANADIAN POLITICS----Independent media in Darfur was damaged by a govern-

ment crackdown in November that led to the arrests of over a dozen journalists and activists. The security situation in Darfur remains extremely tense with heavy fighting breaking out as the army battles with rebel groups for control over diminishing supplies of water. Registration for the January referendum on independence has begun, with registration stations opening their doors around the world, including Canada.

DRC: TROUBLE IN THE WEST----The civilian population of the Democratic Republic of Congo is continuing to suffer the effects of interference from neighbouring nations, according to a new report from the International Crisis Group.

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POLICY RECOMMENDATIONS // 1

On January 9, 2011, a critical independence vote will be taking place in South Sudan, asking its citizens in a referendum to decide whether or not South Sudan should become an independent country. The consequence of this vote will be far reaching and has the potential to reignite violence. Canada, as a facilitator of the 2005 Comprehensive Peace Agreement needs to ensure that the vote is carried out properly and the impact does not renew violence in the region. This is particularly important, considering that last elections in Sudan did not meet international standards. The following is within the power of the Canadian government: 1. Canada should push Sudan to repeal prohibitions on freedom of speech and assembly, increase transparency in the referendum, process, financially support voter education programs, and remove logistical and technical barriers. 2. Canada should support the training of domestic observers in addition to sending its own contingent of observers. 3. The House of Commons Standing Committee on Foreign Affairs and International Development has initiated a study of the ramifications of the referendum. This study should be completed in a timely manner so that Canada is prepared to react to and manage every possible scenario that may arise post referendum. 4. In the event that the North Sudanese government (NCP) or the South Sudanese Government (SPLM) do not recognize the results of the referendum, but the referendum meets international standards, Canada should be prepared to mobilize the international community to implement targeted sanctions against the belligerent party.

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In order to effectively prevent, monitor and address grave human rights abuses and mass atrocities, the Government of Canada should: • Create a Sub-Committee for the Prevention of Genocide and Other Crimes Against Humanity which should be attached to the Standing Committee on Foreign Affairs and International Development. This would allow parliament to conduct: • MONITORING: keep MPs informed about the onset of genocide and crimes against humanity, including the identifiable stages of these crimes • PREVENTION: become proactive in its response to such crises, allowing MPs to act early and utilize a wider set of policy mechanisms • COORDINATION: centralize Canada’s institutional approach to the issue of mass atrocities by giving one central committee the mandate to comprehensively monitor, study and recommend courses of actions.

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Civil society participation in the Darfur peace process is essential if a sustainable peace is to occur. The inclusion of Darfur civil society in the Doha peace consultations will give the process the legitimacy it requires but is still fraught with difficulty. Canada has extensive experience in including civil society in public consultations and therefore should call for: 1. The fair representation of Darfuri civil society. • There is an over representation of government National Congress Party (NCP) members as well as war crimes perpetrators and underrepresented with Darfur diaspora, refugees, internally displaced persons (IDPs), women and northern Darfur leaders. 2. The lifting of security measures and restrictions on civil society members that hamper their participation in the consultations. • Meetings are hampered by bureaucratic delays, airport and airline restrictions as well as threats from the government of Sudan against participants (the underrepresented). 3. UNAMID (United Nations African Mission in Darfur) to continue to organize civil society members and facilitate their participation in the civil society consultations in Darfur and Doha. • Because UNAMID is responsible for organizing the civil society track of the peace process, donors like Canada must ensure it has the resources and capacity to undertake this role.

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NEGOTIATIONS AND PEACE PROCESS // BY CHELSEA SAUVÉ It is believed that the pending referendum will result in the secession of South Sudan, and thus an independent Southern Sudan. The referendum, which is to take place on January 9th, 2011 is the cumulative moment of the terms outlined in the Comprehensive Peace Agreement (CPA) signed in 2005 (as means to end the 25 year civil war between North and South Sudan). Many Southern Sudanese politicians have gone so far as to suggest that the Sudan People’s Liberation Movement (SPLM) only engaged in the CPA with the understanding that such a referendum to would take place, thus the CPA would be meaningless if the referendum to determine the right of self –determination of the South did not occur. The voter registration process began November 15th and will run until December 1st. Around five million southerners, living in North Sudan, South Sudan and abroad, are eligible to register to vote in the referendum. Since registration began, the SPLM has accused the National Congress Party (NCP) of intimidating Southern Sudanese citizens living in Northern Sudan, with the goal of either preventing them from registering to vote, or inhibiting them from voting once the ballot opens in January. For the south to secede in a valid referendum, there must be an absolute majority of a minimum of 50 percent for independence plus one vote, while 60 percent of those eligible voters must have cast their ballots. The SPLM has suggested that should southern Sudanese citizens living in North Sudan register to vote, but be prevented from voting by the NCP, then the 60% threshold for participation (required by the referendum law) may not be met and therefore, the entire referendum would be declared invalid. As the registration process continues throughout Sudan, various campaigns, led by both government and civil groups, have begun preparations to begin awareness campaigns across the ten states of South Sudan, stressing the importance of participating in the coming vote. The Vice president of the GoSS, Riek Machar Teny, has continued to urge all eligible voters to get registered for the upcoming referendum, suggesting that P

future generations depended upon each person’s participation in the vote. Machar has asked all nationals to refrain from violence and forget the grievances they possess from the April elections and unify to attain a sovereign South Sudan. Civil society organizations have also begun to take a role in education the public as many such as the South Sudan Human Rights Commission (SSHRC), believe that society should help lead efforts to create awareness among the southern population regarding legislation intended to ensure the conduct of a free, fair and transparent referendum. On account of the absence of post referendum arrangements between the NCP and SPLM, the African Union High Level Implementation Panel on Sudan (AUHIP) initiated negotiations between the NCP and SPLM which attempted to address some of these challenges including citizenship, resources (oil and water), division of national assets and economic debt. On November 13th an agreement was reached titled a “Framework for Resolving Outstanding Issues Relating to the Implementation of the Comprehensive Peace Agreement and the Future Relations of North and South Sudan.” This document frames an agreement wherein both parties commit themselves to finding peaceful solutions to all outstanding matters in an effort to avoid future conflict. Should the referendum result in the independence of South Sudan, both the NCP and the SPLM have agreed to construct two viable states which would cooperate under the pretext of peace. The framework established by the agreement also includes commitments, which allow Sudanese citizens the right to live in either North or South Sudan. The NCP and SPLM have been congratulated on the new agreement (the progress they have made toward resolving the CPA implementation process and more specifically, the post-referendum arrangements). Despite such progressions, the future of the oil rich region of Abyei (situated on the tentative North-South border) has yet to be discussed by the NCP and SPLMY. The CPA states that both the North and South agreed that the citizens of the Abyei region would decide whether it would remain a part of the north or join the south in DEC EMBER 20 1 0 // 3


a referendum. The CPA suggests that the North and South should evenly split all revenues collected from the oil fields in South Sudan. Recently, the NCP was accused of attempting to draw the north-south border so that more of Sudan’s oil is north of the as yet un-demarcated border, which has lent itself to increased tensions relating to ownership of the area. At the moment, conversations between North and South Sudan continue to be dominated by an inability to overcome tensions over Abyei. The resumption of negotiations on the future of Abyei have been encouraged and were scheduled to take place on November, under the auspices of the AUHIP, involving the tripartite Sudanese Presidency, (including President Omar Hassan Al Bashir (NCP), First Vice President Salva Kiir Mayardit (SPLM) and Second Vice President Ali Osman Taha (NCP)). To date, no information concerning this meeting has been released, and the issue of the Abyei region remains unresolved.

HUMANITARIAN AFFAIRS AND SECURITY // BY PRESTON TAYLOR In the past month there has been a build up of Sudan Armed Forces (SAF) along the Abyei border and ongoing skirmishes between the Justice and Equality Movement (JEM) and SAF forces as Internally Displaced Persons (IDPs) struggle to return to their homes in southern Sudan to register for the vote1. The large movement of thousands of people has put a strain on the existing humanitarian assistance centers as IDPs attempt to return home. Matters are further complicated by the refusal of the central government to clearly demarcate the border which would become the new national boundary between the north and south, should the South succeed in the referendum in January2. There have also been repeated attempts by various armed groups, such as the Lord’s Resistance Army (LRA) to the SAF, to harass or kidnap those travelling along the roads towards south Sudan4. 20 vehicles carrying women and children were taken by men claiming to be Misseriya tribesP

man, but are believed to be disguised members of the SAF5. Minister of Information Barnaba Marial Benjamin stated that it is most likely an attempt to stir up anger towards the Misseriya people and attempt to intimidate IDPs from registering to vote in the January referendum6. There are also complaints from SPLA spokesperson Colonel Philip Aguer Panyang that the SAF have been trying to provoke the rebel forces into attacking and breaking the ceasefire. He said that the Joint Integrated Units (JIU) of the SAF in Melut town, Upper Nile State, went on a shooting spree beginning at 8:00 pm on October 31. He said they started targeting positions of the SPLA JIU component and the United Nations Mission office in the area. Panyang also revealed that the JIU, “also directed shots at the town resulting in the killing of a young girl and leaving two others with serious injuries.”7.

DARFUR AND CANADIAN POLITICS //

BY JOHN MATCHIM

Coming on the heels of cuts to the aid organizaDutch-registers Radio Dabanga, Darfur’s foremost news service, was dealt a damaging blow in early November when Sudan’s security service accused its Khartoum-based reporters of working for Darfur rebel groups and the International Criminal Court. Accused of “inciting hatred and aborting the peace process,” the Sudan National Security raided the offices of the Human Rights and Advocacy Network (HAND), which were shared with Radio Dabanga and several human rights groups, arresting nine. Minister of Foreign Affairs Lawrence Cannon condemned the suppression of Radio Dabanga and other independent media, stating that such repression will undermine the already fragile civil-society that constitutes such a critical part of the peace process. The government of Sudan has also refused to permit UN radio station Miraya to broadcast in northern Darfur while UNAMID broadcasts are not permitted anywhere. Fighting in Darfur intensified in November as rebel groups clashed with government forces

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attempting to secure water supplies in Kordofan region. The fighting over increasingly scarce water resources, which is perhaps the core issue of the conflict, is usually forgotten or ignored by the Christian versus Muslim narrative of mainstream media. However, Canada is already a major participant in the ten-nation Nile Basin Initiative, established to more effectively manage the water resources of the Nile River, and can draw upon that experience to help develop water solutions in Darfur. Southern Sudan’s international diaspora has begun registering to vote in the upcoming referendum on independence. In Canada two registration centres have opened in Calgary and Toronto, however, many voters live hours away from the stations while travelling conditions are deteriorating with the onset of winter. In addition prospective voters worry that employers may not understand or sympathize with the referendum, refusing them the time off needed to travel to the distant registration centres. The Sudanese government has also accused the Sudanese People’s Liberation Army (SPLM) of recruiting Darfurians sheltering in the south, urging them to join the Justice and Equality Movement (JEM) which has reportedly established training camps in the region.

DRC: TROUBLE IN THE WEST//

BY JESSICA DUFFY

The month of June saw the focus of attention The civilian population of the Democratic Republic of Congo is continuing to suffer the effects of interference from neighbouring nations, according to a new report from the International Crisis Group. The report claims the December 2008 rapprochement between Congolese President Joseph Kabilia and Rwandan President Paul Kagame hasn’t improved security, with soldiers still battling militias for control of land and mines. According to the report, the DRC government’s military campaign against rebels in the North and South Kivu provinces in eastern DRC is failing, and has sparked abuses and retribuP

tions against civilians by both insurgents and the national army. Major Sylvain Ekenge, army spokesman for the military operations against the Democratic Forces for the Liberation of Rwanda (FDLR), a mainly Rwandan Hutu rebel group in eastern Congo, denied the findings of the report, and insisted that the DRC was making progress in the east and diminishing FDLR’s capacity to resist. The report claims that the limits of the politicomilitary approach have already been reached, and, rather than things getting better, “the humanitarian situation in the Kivu has deteriorated, and instances of extreme violence have multiplied. Women and girls, particularly, have suffered the consequences of impunity and of a highly militarised environment in which rape is endemic.” Shortly before the release of report, more horrific stories of mass rape emerged from the DRC, with the United Nations reporting more than 700 rapes along the Congo-Angola border during a mass expulsion of illegal immigrants. According to United Nations officials, the women were raped in September and October at several different locations, although it was not clear on which side of the border the women had been attacked. Many of the women told of being kept in derelict buildings and gang-raped by security forces. Maurizio Giuliano, a United Nations spokesman in the DRC echoed the concerns of the International Crisis Group report. “What worries us is that rape seems to be becoming endemic in several parts of the Congo,” he said. “We fear it’s becoming part of the routine.” Expulsions of one another’s citizens is common, with United Nations officials reporting that last year Angola expelled 160,000 Congolese, and the DRC expelled 51,000 Angolans. As violence against the DRC’s civilian population continues, more questions are being asked about the United Nations peacekeepers’ ability to protect them, especially in the wake of a shocking attack in July, where more than 200 women were raped in a single village while United Nations peacekeepers were less than 12 miles away. DEC EMBER 20 1 0 // 5


The International Crisis Group report claims that the credibility of the United Nations peacekeeping mission “has been seriously undermined by its failure to protect civilians better” and Human Rights Watch has suggested that the United Nations is risking becoming complicit in atrocities against civilians.

DEVELOPMENTS IN SOUTHERN SUDAN //

BY STEVEN CHUA

The oil rich region of Abyei still proves to be an area of great controversy in Sudan. Despite the USA’s calls for compromise, the Sudanese have been largely unresponsive. Administrator Deng Arop Kuol of the South’s Sudan People’s Liberation Movement (SPLM) echoed this sentiment by stating that this compromise has been rejected by the Abyei people. He claimed that this arrangement would give the Northern National Congress Party (NCP) the ability to take the most resource-rich areas, while forcing the eviction of local residents.

this problem, which could very well foreshadow widespread fraud among the voter registration. Accusations of troop build-ups have continued to be a problem between both sides, both of which are claiming that the other is massing troops at their respective side of the oil-rich border. While South Sudan has showed its concern to the UN by requesting additional peacekeepers to the border, the UN has denied this request, stating that UNMIS (United Nations Mission In Sudan) would be incapable of preventing any clashes that would occur between the two armies. However, both the North and South defense chiefs have stated that there will be no war.

Logistical shortcomings still plague the Southern referendum preparations. The head of the vote commission has stated that it will take a miracle for the referendum to be held on time; preparations are seriously behind schedule, as items such as the long-delayed voter books have only just recently been received from printers in South Africa, and the extremely low voter registration of South Sudanese in the North have sparked much concern regarding vote legitimacy; NCP officials have accused the SPLM of advising Southerners living in the North to avoid registering and have threatened to reject referendum results. SPLM members have admitted to Reuters that they have done so, fearing the NCP could easily manipulate Northern election results. A further concern is the lack of a clear system of delineating those who can participate in the vote and those who can’t. This is an especially large problem at the borders, where tribal intermarriage has made it impossible to distinguish North and South Sudanese by appearances alone. Hazy eligibility requirements made by the South Sudan Referendum Commission have only exacerbated P

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DARFUR DIGEST STAFF // MANAGING EDITOR // CHRISTINE JOHNSTON EDITOR // DESIGNER // MOYA MILLER

WRITERS // CHELSEA SAUVÉ, PRESTON TAYLOR, JOHN MATCHIM, JESSICA DUFFY, STEVEN CHUA

REFERENCES // NEGOTIATIONS AND PEACE PROCESS • “There should be no stone unturned in the referendum process – South Sudan speaker.” Monday November 22, 2010. Sudan Tribune. <http://www.sudantribune.com/There-should-be-no-stone-unturned.html> • “Machar asks South Sudan rebels to lay down arms ahead of referendum.” Tuesday, November 23, 2010. Sudan Tribune. <http://www. sudantribune.com/Machar-asks-South-Sudan-rebels-to.html> • “South Sudan plans to build three oil refineries after secession: official.” Wednesday, November 10, 2010. Sudan Tribune. <http://www. sudantribune.com/South-Sudan-plans-to-build-three.html> • “Domestic observer group commends referendum bodies, denounces acts of violence” Tuesday November 23, 2010. Sudan Tribune. <http://www.sudantribune.com/Domestic-observer-group-commends.html> • “Standoff over Abyei dominates consultative discussions between peace partners.” Friday, November 19, 2010. Sudan Tribune. <http:// www.sudantribune.com/Standoff-over-Abyei-dominates.html> • “Lakes state governor denies youth are boycotting registration over disarmament dispute.” Tuesday November 23, 2010. Sudan Tribune. <http://www.sudantribune.com/Lakes-state-governor-denies-youth.html> • “Encouraging signs ahead of Southern Sudan referendum, Secretary-General’s Panel finds.” Monday November 22, 2010. UN Press Release. <http://www.sudantribune.com/Encouraging-signs-ahead-of.html> • “Fundamental human rights vital for referendum success: SSHRC boss.” Sunday, November 21, 2010. Sudan tribune. <http://www.sudantribune.com/Fundamental-human-rights-vital-for.html> • “Referendum outcome will not affect disarmament, demobilization and reintegration program in South Sudan: VP Machar.” November 18, 2010. Sudan Tribune. <http://www.sudantribune.com/Referendum-outcome-will-not-affect.html>

HUMANITARIAN AFFAIRS AND SECURITY • Abyei expects to receive over 36,000 displaced from north Sudan, Sudan Tribute, Monday 8 November 2010. http://www.sudantribune. com/spip.php?article36857 • Abyei expects to receive over 36,000 displaced from north Sudan, Sudan Tribute, Monday 8 November 2010. http://www.sudantribune.com/spip.php?article36857 • Abyei expects to receive over 36,000 displaced from north Sudan, Sudan Tribute, Monday 8 November 2010. http://www.sudantribune. com/spip.php?article36857 • ERC visits Abyei, Sudan’s transitional area, Sudan Tribune, Saturday 6 November 2010. http://www.sudantribune.com/spip. php?article36844 • South Sudan accuses national army of abducting civilians, Sudan Tribune, Sunday 14 November 2010. http://www.sudantribune.com/ spip.php?article36927 • Sudan accuses national army of abducting civilians, Sudan Tribune, Sunday 14 November 2010. http://www.sudantribune.com/spip. php?article36927 • SPLA accuses Sudan armed forces of provocation, Sudan Tribune, Friday 12 November 2010. http://www.sudantribune.com/spip. php?article36908

DARFUR AND CANADIAN POLITICS • Reuters, “Sudan accuses Darfur radio staff of working for ICC,” http://ca.reuters.com/article/topNews/idCATRE6A60ST20101107?pageN umber=1&virtualBrandChannel=0 • Radio Dabanga, “Khartoum Arrests,” http://www.radiodabanga.org/node/5560 • Government of Canada, “Canada Concerned Over Reported Arrests of Darfur Human Rights Workers and Journalists,” http://www. canadainternational.gc.ca/sudan-soudan/news_releases-communiques/2010-11-05.aspx?lang=eng • Reuters, “Sudan accuses Darfur radio staff of working for ICC.” • Canadian International Development Agency, “Sharing the Waters of Life: Ten Countries Work Together to Protect the Longest River in the World,” http://www.acdi-cida.gc.ca/acdi-cida/acdi-cida.nsf/eng/NAT-1127104824-LJT • France24, “Far from home, South Sudanese diaspora ready for referendum,” http://www.france24.com/en/20101117-south-sudaneseexiled-diaspora-lost-boys-referendum-vote-january-secession • Sudan Tribune, “SPLM’s support for Darfur rebels is ‘a declaration of war’ –NCP,” http://www.sudantribune.com/SPLM-s-support-forDarfur-rebels.html

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REFERENCES CONTINUED// DRC: TROUBLE IN THE WEST • “Eastern Congo Security Deteriorating, Crisis Group Reports”, Bloomberg, 17 November 2010, http://www.bloomberg.com/news/ print/2010-11-17/eastern-congo-security-deteriorating-crisis-group-reports.html • “More than 700 raped in Angola-DR Congo expulsions: UN”, AFP, 10 November 2010, http://www.google.com/hostednews/afp/article/ ALeqM5hzYnVUxB-v7efyK-r5RBZUGNVyAg?docId=CNG.400e1bf922d25f17f389f67c1ed02bda.61 • “Hundreds Were Raped on Congo-Angola Border”, The New York Times, 5 November 2010, http://www.nytimes.com/2010/11/06/ world/africa/06congo.html • “Q&A: DR Congo conflict”, BBC News Africa, 27 August 2010, http://www.bbc.co.uk/news/world-africa-11108589

DEVELOPMENTS IN SOUTHERN SUDAN • “UPDATE 1-Sudan gets long-delayed referendum voter books.” Reuters Africa. October 24 2010. http://af.reuters.com/article/sudanNews/idAFMCD45902820101024 • “UN: More peacekeepers couldn’t halt new Sudan war.” Reuters Africa. October 25 2010. http://af.reuters.com/article/sudanNews/ idAFN2526702620101025 • “Head of Sudan’s Abyei rejects US compromise call.” Reuters Africa. October 25 2010. http://af.reuters.com/article/sudanNews/idAFHEA53557320101025 • “Sudan independence vote needs miracle: commissioner.” Reuters Africa. October 28 2010. http://af.reuters.com/article/sudanNews/ idAFMCD86854820101028 • “Sudan’s north, south armies to check troop build-ups.” Reuters Africa. October 28 2010. http://af.reuters.com/article/sudanNews/ idAFMCD84018620101028 • “UN rejects south Sudan calls for peacekeepers.” Reuters Africa. November 6 2010. http://af.reuters.com/article/sudanNews/ idAFLDE6A50CX20101106 • “North, south Sudan defence chiefs vow no war.” Reuters Africa. November 11 2010. http://af.reuters.com/article/sudanNews/idAFHEA15082420101111 • “S. Sudan monitors see risk of fraud in voter lists” Reuters Africa. November 13 2010. http://af.reuters.com/article/sudanNews/ idAFMCD36009520101113 • “Sudan’s NCP threatens to reject referendum result.” Reuters Africa. November 21 2010. http://af.reuters.com/article/sudanNews/ idAFMCD15002220101121 • “Low registration stokes Sudan referendum row.” Reuters Africa. November 22 2010. http://af.reuters.com/article/sudanNews/idAFHEA22520720101122

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