APRIL 2012 // standcanada.org
SUMMARY // CONTENTS // DEVELOPMENTS IN SOUTH SUDAN
Coverage of two days of intensive clashes between the armies of Sudan and South Sudan – the worst direct confrontation between the two nations since they separated last July that highlights how fragile the peace is between the two former civil war adversaries.
THE PEACE AND NEGOTIATIONS PROCESS
An exploration of the legal status dilemma faced by stateless citizens of Abyei attempting to flee from violence in the border region.
DRC: ICC CONVICTS CONGOLESE WARLORD
On March 14th, the International Criminal Court (ICC) delivered its first ever verdict at The Hague: Congolese warlord Thomas Lubanga was found guilty of recruiting and enlisting child soldiers under the age of fifteen and using them to fight the war in the Democratic Republic of Congo (DRC).
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POLICY RECOMMENDATIONS //
2. Provide up to three transport helicopters and five tactical helicopters: six transport, six tactical and three observation helicopters are still required for the UN mission.
1 Sudan
Violence continues to plague the border regions of Abyei, South Kordofan and the Blue Nile State. According to the UN, more than 200, 000 people have been displaced internally or into South Sudan and Ethiopia. The conflict has escalated into a higher phase, as the rebels in the border regions (SPLM-N) have joined a national alliance opposed to the government called the Sudan Revolutionary Front (SRF) which consists of Darfur rebel groups the Justice and Equality Movement (JEM) and the Sudanese Liberation Movement (SLM). Government troops continue to use heavy tactics such as aerial bombardments which disproportionally harm civilians and the government continues to deny access to many humanitarian agencies. In response, the Canadian government can take the following actions: 1. The Canadian Government should dispatch researchers or enlist the help of NGOs who have expertise in statistical research methods to the Sudan border regions and Ethiopia to investigate, document, and statistically verify the occurrence of mass atrocities from refugees who have escaped the violence. 2. Canada should demand that the North allow humanitarian organizations access to populations in need in the border regions (delete) where the fighting is taking place. 3. Canada should speak out at the UN against the escalating conflict and Canada’s Foreign Minister should create an ongoing multilateral dialogue with its international partners to apply pressure on both parties to stop attacks and begin a troop withdrawal.
2 South Sudan In the wake of South Sudan’s secession, the new country is faced with many critical development issues that could threaten its progress and re-ignite conflict in the region. In order to help South Sudan from becoming a failed state, Canada can aid South Sudan in the following areas: 1. As requested by the Government of South Sudan, Canada should chose one of the following areas of development to better streamline and manage the development process: a) general security b) food security c) healthcare d) education e) democratization. 2. Canada should use its influence at the World Bank, the International Monetary Fund, and the UN to broker an agreement between North and South Sudan to reduce the national debt of the two countries in the form of debt forgiveness only if they both work out a reasonable debt sharing arrangement together. 3. Canada should consider providing direct bilateral assistance to the Government of South Sudan (GoSS), now that it has the opportunity to negotiate directly with the Southern government without interference from the North.
3 Democratic Republic of the Congo According to the Secretary General, the United Nations Organization Stabilization Mission in the Democratic Republic of Congo (MONUSCO) is lacking critical resources such as military observers, transport and tactical helicopters. Although Canada has been playing a role in the DRC since 1999, due to the end of the combat mission in Afghanistan, it now has the capacity to provide more resources that are desperately needed. STAND calls on the government to: 1. Increase the number of military observers: Canada’s mandate is to provide 12 observers and currently there are only nine stationed in the DRC. The UN mission in total is currently lacking another 29 observers.
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3. Continue to support and consider increasing funding to the International Security and Stabilization Support Strategy (ISSSS), which is a UN multilateral peacebuilding fund that is integral to the stability and security of the volatile Eastern region.
4 Domestic Policies on Genocide Prevention
In order to effectively prevent, monitor and address grave human rights abuses and mass atrocities, the Parliament 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.
DEVELOPMENTS IN SOUTH SUDAN // JES-
SICA DUFFY
Two days of clashes between the armies of Sudan and South Sudan represent the worst direct confrontation between the two nations since they separated last July, and highlight how fragile the peace is between the two former civil war adversaries. After signing a non-aggression pact in February, each country lodged a complaint against the other with the UN Security Council in March. The council responded with a statement rebuking the neighbours, and expressing “grave concern about reports of repeated incidents of cross-border violence...including troop movements, support to proxy forces, and aerial bombardments, and views the situation as a serious threat to international peace and security.” The situation seemed to be improving by midmonth, with Bashir scheduling his first visit to the south since his country seceded in July of last year. The visit was scheduled for 3 April, where it
was expected that Bashir and his South Sudanese counterpart, Salva Kiir, would sign agreements consented to in previous mediations, which cover border disputes and the status of southerners living in Sudan. Days later, South Sudan’s chief negotiator announced his nation’s intention to lobby for international funding for Sudan to assist with its debt and budget deficit, as well as the lifting of US sanctions. But relations began to sour again on 21 March, when Sudan accused the South of aiding rebels in an attack on a border area. Days later, on 26 March, clashes broke out between the armed forces of both countries in several disputed border regions. South Sudan accused Sudan of sending warplanes to bomb two border regions, Jau and Pan Akuach, and launching an attack on a third, Teshwin, inside its border. Sudan accused the South Sudanese army of attacking a fourth region, oil-rich Heglig, parts of which are claimed by both nations. On 27 March, South Sudan alleged that the Sudanese air force had bombed key southern oil fields. The number of dead and injured from the conflict are unknown, and all reports of fighting in the border APRIL 2012 // 3
Internally Displaced Persons (IDPs). Specifically, area where the attacks are alleged to have taken place are difficult to verify by independent sources. the dispute centres around whether affording IDPs similar protection as that which is provided to refugees erodes the unique position refugees Tensions eased the following day, when South have been granted under the 1951 United Nations Sudan removed its troops from Heglig area. That Convention Relating to the Status of Refugees. Thursday, Bashir stated that Sudan wanted to By definition, in order to qualify as a refugee, the peacefully resolve all disputes with South Sudan. asylum seeker must be “outside the country of his Although Bashir suspended his trip to South Sunationality and is unable or, owing to such fear, is dan, the two Presidents will meet in Addis Ababa unwilling to avail himself of the protection of that at the end of the month to resume their talks mecountry.” IDPs, on the other hand, are characterized diated by the African Union. technically by the fact that they have not crossed South Sudan is also struggling to curb internal out- an international border. breaks of violence. In what has become a bloody This distinction becomes increasingly complicated tit-for-tat rivalry in Jonglei state, members of the to navigate in places where territory has shifted Murle tribe attacked people from the Lou Nuer and its status remains unclear. In Abyei, this disgroup over the weekend of 10-11 March. South Sudanese army spokesman, Philip Aguer, citing re- cussion has become particularly poignant. As the referendum to determine whether Abyei will join ports from local officials, estimated fatalities from Sudan or South Sudan (originally scheduled to these latest cattle raids to be around 200. coincide with the referendum on South Sudanese independence) has been indefinitely delayed, The attack came despite the commencement of the government’s disarmament program, which is both countries continue to lay claim to parts of aimed at halting the cycle of violence in the region the resource-rich region. Consequently, violence continues to plague the area, but citizens of Abyei by removing illegal weaponry. But Arguer said are currently stateless – they do not enjoy the the latest outbreak of violence would not stall the protection of any state. Herein lies the problem: campaign. “Whatever time it will take the army to declaring the status of those fleeing the region as collect, they will continue doing it,” he said. “The either refugees or IDPs becomes a highly political responsibility of protection of civilians belongs act that affirms the legitimacy of one state’s land to the government, not the individuals.” The fact claim over the other. From Khartoum’s perspective that there have been complaints about the ethnic (i.e. Abyei as part of Sudan), those fleeing Abyei makeup of the army highlights the difficulties of into South Sudan proper are refugees, as they such a process. have crossed the newly created international border between the north and south states. Following THE PEACE AND NEGOTIATIONS PROCESS this view, citizens of Abyei should be afforded all of the rights associated with refugee status provided // TYLER FOX by UNHCR. Juba, however, considers those fleeWith the independence of South Sudan in July ing Abyei to be IDPs, as they have simply travelled of last year, a fascinating – yet tragic – dilemma south while still remaining within South Sudan’s of international law has emerged with regard to borders. Ultimately, citizens of Abyei remain the status of citizens of Abyei fleeing and seeking unprotected, as UNHCR cannot label them as protection within South Sudan. refugees or IDPs without exacerbating the political tension between South Sudan and Sudan over Scholars and practitioners of international law who has right of control over the area. have debated extensively over the nuances that differentiate the status of refugees versus that of
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UN Special Rapporteur on the Human Rights of IDPs, Chaloka Beyani, has suggested an interim solution to the problem, until claims to the region have been sorted out: the UNHCR must consider citizens of Abyei ‘persons of concern,’ in order that they receive the necessary protection due to them after fleeing their region of origin.
provided weapons, ammunition, food, and uniforms, and sought out children to recruit into his militia through coercion – or as Lubanga veraciously phrases it, “encouragement.” Thousands of children were enlisted into the ranks of UPC; their known prevalence within the ranks led the group to be called “an army of children.”
The politicization of the legal status of citizens fleeing Abyei is a complex issue to address, especially within the limitations of international law. Unfortunately, it is those who are stateless and most in need of state (or supra-state) legal and humanitarian protection who are forced to pay the price for a land dispute that already dominates too much of their day-to-day existence.
Lubanga’s conviction is a landmark for international justice, and the first ruling by the ICC since it began its work nearly a decade ago. Set up in 2002, this independent institution based in The Hague, the Netherlands, is now joined by 120 states with its broad mandate dealing with genocide, crimes against humanity, war crimes and crime of aggression. The ICC is currently investigating cases in the Central African Republic, DRC, Ivory Coast, Kenya, Libya, Darfur in Sudan and Uganda. In spite of the judgement being welcomed by several human rights organisations, the court has faced repeated criticism: the foremost being that it sucks in investment yet still has a poor track record – only a single conviction to show for its nearly ten-year existence – while another debates its success as a vehicle for delivering justice.
DRC: ICC CONVICTS CONGOLESE WARLORD // NISHA GUPTA
14 March 2012 marks the delivery of the International Criminal Court’s (ICC) first ever verdict at The Hague: Congolese warlord Thomas Lubanga, found guilty of recruiting and enlisting child soldiers under the age of fifteen and using them to fight the war in the Democratic Republic of Congo (DRC). The presiding judge of the tribunal, Adrian Fulford of Britain, stated that the evidence verified that Mr. Lubanga and his supporting rebel fighters recruited boys and girls, often by force, subjected them to harsh training and severe punishment, deployed them to fight, and subjected girls to sexual violence. Mr. Lubanga, who at one time worked as a teacher and a trader, went on to lead the Union of Congolese Patriots (UPC), a rebel group incriminated for brutal ethnic massacres, rape, and torture in the Ituri region of north-eastern Congo between 1999 and 2006. Human Rights Watch began extensively documenting war crimes and gross violations of human rights in Ituri in 1999, and have persistently pushed for the arrest of those responsible, especially for the horrific atrocities perpetrated by Lubanga against the people of the DRC. There, he
The slow pace of prosecution has caused a backlash amongst critics, primarily targeting ICC spending and questioning whether it costs too much to maintain. To date, the court has spent nearly $1 billion (estimated expenditure has been around $900 million), with an annual budget of over $140 million and 766 staff. Jon Silverman, Professor of Media and Criminal Justice, of University of Bedfordshire, rebuts that “to point to one trial, that of the Congolese militia leader Thomas Lubanga, and argue that it has cost X millions, would be both unfair and misleading.” After all, the cases presented before the ICC are complex, and more often than not, necessitate lengthy negotiations with national judicial systems to attempt to meet its goals. Another staunch defender of international criminal justice, Professor Philippe Sands QC, of University College London, acknowledges this as a legitimate concern, but notes that its budget needs to APRIL 2012 // 5
be seen in context: “The costs of the Lubanga trial and the ICC as a whole are small compared to the global aid budget, and completely irrelevant as compared with defence spending.” Unlike ad hoc tribunals, the ICC is a long-term project, and debatably still in its preliminary stages. As Sands concludes, not everything comes with a clear price tag: “You can’t compare the cost of international justice with shopping at a supermarket.” Whether the ICC should be the instrument for delivering peace and bear the responsibility of acting as the guardian of justice, is another problem faced by the court. Proponents of the ICC and international justice insist that there cannot be peace without justice. Ian Paisely of the British Parliament from Northern Ireland does not entirely refute this premise but amends it, noting, “Justice has been done, but there is no peace in that country.” Aloys Tegera of the Pole Institute, a research group based in the eastern Congolese city of Goma, said, “Over the last 20 years, various militia have conscripted children. Any new militia born will do exactly the same.” Critics contend that the imposition of international justice opposes the know-how of many
parts of Africa, where peace has been delivered through national reconciliation efforts and political negotiations. Mr. Paisely offers a subtle warning, cautioning the ICC to determine if its intervention will be a benefit or a determinant to the cause of peace, concluding that, “The wheels of justice must be allowed to turn at their own pace, but they must not impede the peace process.”
“S. Sudan lobby for Sudan debt, sanctions relief”, Reuters Africa, 14 March 2012, http://af.reuters.com/article/sudanNews/idAFL5E8EE7IT20120314
Ultimately, it should be recognized that this verdict is a milestone for international justice: it delivers a staunch warning to all those who recruit children for use in war. Warlords, renegades, and despots like Joseph Kony and Bosco Ntaganda, who are accused of crimes against humanity must recognise that they cannot evade justice indefinitely, and will be held legally accountable for their treacherous actions. Navi Pillay, a South African who serves as the United Nations Human Rights Commissioner, stated, “the Lubanga verdict represented the coming of age of the court…it sends a strong signal against impunity for such grave breaches of international law that will reverberate well beyond the DRC.”
“S. Sudan says Sudan bombs oil fields in border region”, Reuters Africa, 27 March 2012, http://af.reuters.com/article/sudanNews/idAFL6E8ER2EP20120327
“Sudan accuses South of attack ahead of talks”, Reuters Africa, 21 March 2012, http://af.reuters.com/article/sudanNews/idAFL6E8ELAYW20120321 “Sudan and South Sudan armies clash in border region”, Reuters Africa, 26 March 2012, http://af.reuters.com/article/sudanNews/idAFL6E8EQ75T20120326 “Sudan, S. Sudan armies clash, Bashir suspends trip”, Reuters Africa, 27 March 2012, http://af.reuters.com/article/sudanNews/idAFL6E8EQ76F20120327
“South Sudan troops withdraw from oil area after clashes”, Reuters Africa, 28 March 2012, http://af.reuters.com/article/sudanNews/idAFL6E8ESB9M20120328 “Sudan wants to live peacefully with s. Sudan, Bashir says”, Reuters Africa, 29 March 2012, http://af.reuters.com/article/sudanNews/idAFL6E8ETBMD20120329 “Sudan, S. Sudan want to resume talks, don’t want war”, Reuters Africa, 30 March 2012, http://af.reuters.com/article/sudanNews/ idAFL6E8EU4UW20120330?sp=true
THE PEACE AND NEGOTIATIONS PROCESS
Convention Relating to the Status of Refugees, Brownlie’s Documents on Human Rights, 6th Edition, Oxford University Press Lecture by Chaloka Beyani, International Law and the Protection of Refugees, Migrants, and Internally Displaced Persons, 20 February 2012 “One year anniversary of failed Abyei referendum,” Sudan Tribune, 9 January 2012, http://www.sudantribune.com/One-year-anniversary-offailed,41239
DRC: ICC CONVICTS CONGOLESE WARLORD
“Congolese Warlord Convicted, in First for International Court,” NY Times, 14 March 2012, http://www.nytimes.com/2012/03/15/world/africa/ congo-thomas-lubanga-convicted-war-crimes-child-soldiers.html?_r=1&emc=tnt&tntemail1=y
STAND DIGEST STAFF //
“Crimes against humanity,” NY Times, 15 March 2012, http://www.nytimes.com/2012/03/16/opinion/crimes-against humanity.html?_ r=1&emc=tnt&tntemail1=y
MANAGING EDITOR // TYLER FOX
“Dangerous ignorance: The hysteria of Kony 2012,” Al Jazeera, 12 March 2012, http://www.aljazeera.com/indepth/opinion/2012/03/201231284336601364.html “Justice in Congo,” Human Rights Watch, 15 March 2012, www.hrw.org/node/105817
WRITERS // JESSICA DUFFY, TYLER FOX, NISHA GUPTA
“Kony Is Not the Problem,” NY Times, 20 March 2012, http://www.nytimes.com/2012/03/21/opinion/in-uganda-kony-is-not-the-only-problem.html?emc=tnt&tntemail1=y “Kony: What Jason did not tell the Invisible Children,” Al Jazeera, 13 March 2012, http://www.aljazeera.com/indepth/opinion/2012/03/20123138139642455.html
REFERENCES //
“Peace Must Not Be the Victim of International Justice,” NY Times, 16 March 2012, http://www.nytimes.com/2012/03/17/opinion/peace-must-not-be-the-victim-of-international-justice.html?_r=1&emc=tnt&tntemail1=y
DEVELOPMENTS IN SOUTH SUDAN
”UN Council rebukes Sudan, South Sudan for clashes”, Reuters Africa, 6 March 2012, http://af.reuters.com/article/sudanNews/idAFL2E8E6DZ820120306
“Ten years, $900m, one verdict: Does the ICC cost too much?,” BBC, 14 March 2012, http://www.bbc.co.uk/news/magazine-17351946
“Tribal attacks wrench South Sudan as disarmament starts”, Reuters Africa, 12 March 2012, http://af.reuters.com/article/sudanNews/idAFL5E8EC8H720120312 “Sudan’s Bashir to visit S. Sudan, citizenship deal signed”, Reuters Africa, 13 March 2012, http://af.reuters.com/article/sudanNews/idAFL5E8EDAWS20120313
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