South Sudan Digest – November 2011 Edition
November 28th, 2011The November Digest can be downloaded as a PDF here: November Digest
South Sudan Civil Society – Monthly Digest
Vol. 1, No. 8
October/November 2011-Release
Justice Africa Literature Review
Abstract: This digest provides the latest updates on key developments in The Republic of Southern Sudan. It combines reports from think tanks, NGOs, electronic media and experts both from abroad and on the ground to highlight the greatest assets and impediments to regional security, governance, human rights and Civil Society during this critical period of transition.
Table of Content
1. Peace and Security
1.1 Abyei Province
1.2 Blue Nile State
1.3 Jonglei State
1.4 South Kordofan
1.5 Unity State
1.6 Upper Nile State
1.7 Western Equatoria State
1.8 Rebel Groups
1.8 Disarmament, Demobilization and Reintegration
1.9 Internally Displaced People
4. Economy
4.2 Development
4.3 Education
7. Related Issues
8.1 Darfur
8. International Relations
7.2 Uganda
9. Analysis/Official Reports/Press Release
10. Sudan Weekly Humanitarian Bulletin
Voices from South Sudan
11. Interview With Stephen Opande
12. Training on the Constitution
13. Gender Analysis
14. Interviews
14.1 Merekaje Lorna – Sudan Domestic Election Monitoring and Observation Programme
14.2 Henry Soka – Handicap International
14.3 Biel Boutros Biel – South Sudan Human Rights Society for Advocacy
1. Peace and Security
1.1 Abyei Province
30th October – The ruling party in Sudan, the NCP, brushed aside an offer by the GoSS to fully resolve the matter of Abyei Province, instead saying that the province belongs to the north. Pagan Amun, general secretary of SPLM said that they are prepared to offer oil at a discounted price, an unspecified amount of cash, and forgiveness of all arrears from oil sharing claimed by the South from the time before it gained independence last July.
“This is a package that in return the government of Sudan will ensure the territorial integrity of South Sudan by agreeing to transfer Abyei to the South and also ceasing any claims on areas on the border of Southern Sudan that they are claiming,” Amun said.
The NCP said that Abyei belongs to the north and is not up for sale or compromise.
“We will not compromise on Abyei and we will not allow the existence of two armies in the country,” NCP spokesperson Ibrahim Ghandour said.[1]
1st November – South Sudan has appealed to the UNMISS to deploy more troops in areas, including Abyei. The government also wants help in resolving Sudan’s “warmongering attitude” which it blames for blocking UN and African Union efforts to deploy peacekeepers in Abyei, and for sponsoring militias. Information Minister Barnaba Marial Benjamin claims that half of the 4,200 men strong peacekeeping forces are intentionally being delayed by Sudan.
“For us, as the Republic of South Sudan, we will do as much as we can to protect our civilians, to protect our borders. That we will do. […] But since UNMISS is equally committed to that, then they should deploy to those areas where the civilians are being eliminated by the militia groups. That is what we are asking for and not more,” the minister said.[2]
4th November – The UN Security Council deplores the failure of both Sudan and South Sudan to redeploy their troops from the Abyei Province.
“The Members of the Security Council underscore that there were no preconditions for the implementations of the agreements signed by the parties, including the withdrawal of forces,” the Council said.
The Security Council welcomed the rapidly deployed United Nations Interim Security Force for Abyei (UNISFA) and the Council stressed that both governments need to extend their full cooperation to the UNISFA. It also pointed out that the Security Council is ready to consider additional mandated tasks for UNISFA in support of the 30 July Agreement on the Border Monitoring Support Mission between the Government of Sudan and the Government of South Sudan, and in that regard, reiterated the importance of all parties fulfilling the commitments already undertaken in agreements.[3]
6th November – President Bashir warned South Sudan against supporting rebels north of the border in Abyei.
“The president of the republic addressed a strong message to the government of South Sudan, calling on them to stop supporting the rebels,” the official SUNA news agency reported.
Bashir accused the Juba government of initiating an attack against the Sudan Armed Forces in Abyei. The claims were denied by the GoSS. Observers have warned that the dispute over Abyei risks dragging the North and South Sudan into an all-out proxy war and torpedoing negotiations on key outstanding issues, which include border demarcation and oil revenues.[4]
20th November – Sudan will begin talks with South Sudan over the disputed region of Abyei and parts of their shared border that are not properly demarcated, according to Khartoum-based Foreign Ministry spokesman Al-Obaid Murawih.
The AU are facilitating the talks which are taking place in Addis Ababa. As well as the border issues, the group will discuss the fee being paid to Sudan to process the oil produced by the South.[5]
1.2 Blue Nile State
28th October – Continued aerial bombings in Blue Nile have forced more people to flee over the border to Ethiopia. Over 2,000 have arrived in the last 4 days only, according to the UN High Commissioner for Refugees (UNHCR) The refugees consist mainly of women, children and elderly.. Since the fighting started in September, 28,700 refugees have fled the state into Ethiopia.[6]
1st? November – The human rights watchdog, the Enough Project, said that Sudanese government forces and militias are “killing and raping civilians in Blue Nile state”.
The statement came after members from the organization visited the Sherkole refugee camp in Ethiopia and listened to stories from refugees of the Blue Nile State.
“Soldiers with small arms were chasing the civilians,” the group quoted a refugee from the town of Um Darfa as saying.
“They were supported by the Fellata (an ethnic group in Blue Nile), who captured some of the civilians and slaughtered people, including women and children.” said the refugee.[7]
4th November – The Sudanese army successfully captured the rebel stronghold of Kurmuk, forcing troops loyal to former governor Malik Agar to flee. An army spokesman said combatants from the SPLM-N “fled fighting, leaving behind their arms”.
Yasir Arman, secretary- general of the SMLM-N said that losing Kurmuk is “one battle” and that “winning the war is different from winning the battle. The SPLM-N is an experienced guerrilla movement. Our army is intact, our equipment is intact.”[8]
5th November – Sudan has sent a fresh complaint to the UN Security Council detailing South Sudan’s support for rebels in its war-torn border states. Sudan’s UN ambassador, Daffa-Alla Elhag Ali Osman provided detailed information explaining South Sudan’s support of the rebellion according to SUNA, the official news agency in Sudan. This is the second complaint Sudan has filed to the UN regarding its new southern neighbour.
Rebel leader Yasser Arman said that “the war in Blue Nile is more than 20 years old. The Republic of South Sudan is just four months old… South Sudan is not involved.”
South Sudan also denies the claims by Sudan. “[They] don’t need anyone to help them, they did it themselves. These people were fighting for 21 years in the bush. They were fighting over socio-economic and political grievances against Khartoum,” said SPLA spokesman Philip Aguer.
He maintains that SPLM and SPLM-N are completely separate organisations.[9]
22nd November – The Sudanese Armed Forces (SAF) announced that they have seized control of another rebel stronghold of the SPLM-N. SAF spokesperson Al-Sawarmi Khaled said that in addition to capturing the SPLM-N stronghold Deim Mansour, they have seized two tanks in good condition and quantities of small arms and ammunition stored in the area. The SPLM-N have yet to respond to the SAFs claim.[10]
1.3 Jonglei State
22nd October – USAID have pledged $54 million to set up modern agricultural projects in the state. The objective is to will improve the food security and prevent cattle rustling in the state. The UN estimates that over 3,000 people have been killed and more than 300,000 others displaced in violence associated with militia fighting and cattle rustling in the country since January, with the highest percentage in Jonglei state.
“We will strengthen household and community resiliency to food insecurity by increasing crop and livestock productivity and by helping livestock owners to build their production capacity and business skills,” USAID Mission Director, Kevin Mullallyv told the media.[11]
15th November – Over 3,000 people have been killed in inter-ethnic conflicts this year compared to 300 last year, according to State Governor Hussein Maar Nyout. Most of the conflicts are about cattle, this is due to the important role animal ownership ples in food security and marriage arrangements[12]
1.4 South Kordofan
27th October – The Sudan Armed Forces (SAF) claimed they seized a rebel camp after launching an attack in South Kordofan. The SPLM-N confirmed there had been fighting in the state but denied that they had lost a camp to the SAF.
A SPLM-N camp was seized close to the town of Teludi and 15 rebels have been killed according to army spokesman Al-Sawarmi Khaled.
A spokesman from the SLPM-N on the other hand argued that its forces had repelled the SAF and killed 15 of their solders. “Our troops are still in the region,” he said.[13]
31st October – According to the governor in South Kordofan, Ahmed Haroun, hundreds of SPLM-N soldiers were killed after an attack on the Sudanese Armed Forces (SAF) held town of Teludi.
Speaking on behalf of the army, Al-Sawarmi Khaled announced that “this morning more than 700 rebel fighters together with 12 officers tried to attack Teludi (east of the provincial capital Kadugli) to occupy it.”
“The armed forces waited for the invaders to arrive on three fronts with equipment and on several vehicles, but in an hour the armed forces and popular defence forces beat back the attack, causing heavy losses,” he said.[14]
2nd November – According to a SPLM-N spokesman, the rebels were involved in heavy fighting with the Sudanese Army for a second day. The fighting was denied by the Sudanese military which ascertained that no fighting has commenced after the army repulsed an attack the previous day. The SPLM-N also claims that rebels continue to advance towards the town of Teludi.
“There is heavy fighting around Teludi between SPLA forces and the Sudanese army. The SPLA army is very close to the city. The Sudanese army is bombing from military planes,” stated Qamar Dalman, spokesman for the rebel Sudan People’s Liberation Army-North (SPLA-N) in South Kordofan.
Al-Sawarmi Khaled dismissed the claim. “There is not any fighting or clashes today around Teludi. Everything is quiet.” he said.
Both sides claim that they have killed hundreds of the opposing side. However, none of the claims were possible to verify by independent sources.[15]
3rd November – The Sudanese Air Force continue bombing runs in South Kordofan, recently attacking the Doreen locality.
“The losses caused by the recent bombardment haven’t yet been fully accounted. The attack came as a surprise. At about nine in the morning, Antonov aircrafts belonging to the Sudanese Air Force bombed the area” said a witness.
He added that the shelling led to the death of 14-year old Younan Ibrahim Ashafar and an 18-year-old girl named Khameez Port Sudan Tutu in addition to the deaths of four cows.
“I would like to appeal to the international community and humanitarian organisations to stop the air strikes on civilians,” a citizen of Um Duren said.[16]
8th November – Sudan has rejected a proposal aimed at solving the violence in South Kordofan that was put forward by the US. The government of Sudan said they will never accept to cede any part of South Kordofan. The proposal suggested splitting Kordofan in two to accommodate the SPLM-N. West Kordofan would be ruled by Ahmed Haroun, the current NCP friendly governor of Kordofan. Abdel Aziz Al-Hilou, the SPLM-N candidate for the last governor elections in Kordofan, would be the governor of South Kordofan.
The secretary of the NCP’s media department, Ibrahim Gandour said that his party’s rejection stems from the fact that South Kordofan was a Sudanese state and not a US territory to be handed over to the SPLM-N, adding that the breakup of the state was out of the question. He also said that Sudan will not give up any area of the country after the succession of South Sudan.[17]
1.5 Unity State
29th October – Around 80 people, including 60 rebels, were killed on Saturday when government forces in the oil-rich South Sudanese Unity state repelled an attack by rebel militia, officials stated.
“There was a militia attack at 5 or 6 o’clock in the morning (0200-0300 GMT) in Mayom county,” announced Unity Information Minister Gideon Gatpan Thoar.
“We are counting the bodies now but over 60 militias were killed and many more wounded,” said Thoar, adding that 15 civilians were killed in the attack.
When asked about the origin of the rebels, Philip Aguer, spokesman for South Sudan’s military said that “they were organised in South Kordofan. They are South Sudanese supported by Khartoum and trained there”.
The rebels are believed to support the South Sudan Liberation Army (SSLA) that operates in the state. The SSLA gave the UN and aid agencies one week to evacuate Unity state, promising to “violently resist the regime of Governor Deng Taban,” whom the rebels accuse of human rights abuses.
Dozens of aid agencies such as Care International, The International Rescue Committee, Medecins Sans Frontieres and The International Committee of the Red Cross are working in Unity alongside a large UN presence.[18]
30th October – UMISS began evacuating civilians in need of medical care after a rebel attack in Mayom, to the UN hospital in Bentiu.
After the attack the previous day “an UNMISS integrated team of civilian experts, medical staff and peacekeepers was dispatched to the area on 30 October to provide support to the local authorities in responding to the situation,” confirmed UNMISS Spokesperson Aleem Siddique.[19]
8th November – Mayom county in Unity State is facing serious food shortage after clashes between the army and rebel groups.
The governor of Unity State, Taban Deng Gai, held an emergency meeting on Friday calling upon the non-governmental organisations (NGOs) in the state to offer the residents of Mayom county urgent assistance.
“I went to Mayom and I found out a big problem; a bag of sorghum of 90kg is going for more than 1000 South Sudanese Pounds [US$370], and actually it is not there in the market, the market is just clear,” said Deng.
WFP have flown in staff to asses the situation in the area and Nhial Puol, WFP field monitor, told the Sudan Tribune “the situation is really getting worse because there is not even a single bag in the market for people to buy.”[20]
11th November – The United Nations confirmed that the Sudanense Armed Forces (SAF) bombed a refugee camp in South Sudan’s Unity State. Two bombs fell inside the Yida refugee camp and three outside. The camp holds 20,000 people who have fled the increasing violence in South Kordofan and Blue Nile states in Sudan. So far, no casualties have been reported but the UNMISS are still verifying facts.
“It is absolutely imperative that both governments take the necessary steps to de-escalate the situation, ensure that civilian lives are protected, and resume peaceful dialogue,” declared Hervé Ladsous, Under-Secretary-General for Peacekeeping Operations.
The Sudanese representative to the UN said that the government had not ordered any bombings and that Sudan respects the sovereignty and territorial integrity of its southern neighbour.
Meanwhile, the OHCHR has condemned the attacks, with High Commissioner Navi Pillay stating that “there needs to be an independent, thorough and credible investigation to establish the precise circumstances of this aerial bombing. If indeed it is established that an international crime or serious human rights violation has been committed, then those responsible should be brought to justice”.[21]
16th November – As Misseriya nomads prepare to cross the Sudan/South Sudan border in search of grazing land, a three-day conference to improve relations among border communities was held in Abiemnon, Unity State.
“South Sudan is no longer under the northern government,” Governor Riak said. “[But] we are not [interested in] depriving our Misseriya brothers from coming. So you are allowed to come for grazing, but you have to respect the laws and orders and must respect the government of South Sudan.”
“We are here today to come up with ideas on how to develop good relationships among ourselves and with our counter-parts in Sudan,” said Commissioner Gedit. “We should have peace … along the border with all without distinction.”[22]
1.6 Upper Nile State
1st November – South Sudan warned that 500 to 700 rebels were preparing to attack South Sudan from the north moving down from Sudan’s White Nile state into Upper Nile State. South Sudan accuses Khartoum of supporting and training the rebels.
General Mac Paul, deputy director of military intelligence for South Sudan, said “maybe in two [days] or 24 hours to come, we are going to have problems.” referring to the Upper Nile border state
“As we are talking now, another group of [rebels] left last night from Kaunyara (in South Kordofan, the war-torn border state) with the intention of coming to attack the areas of Kaka” and areas west down to Tonga.
“That group is on its way now coming to attack us. They are crossing the border now and we are following them,” Paul added, saying that the group had travelled down from Abu-Jibeiah in White Nile.
He strengthens the claims that the rebels are supported by the government in Khartoum, saying that they “have been following the movement of these troops since September.”
“These people are coming from the areas of Southern Kordofan and they are being supported by SAF,” he said, before they plan to cross the border.
These claims are denied by Khartoum who instead accuses the South of supporting rebels in the border states of Blue Nile and South Kordofan.[23]
11th November – South Sudan’s army, the SPLA, has accused the Sudanese Army of attacking one of their military bases, leaving 18 dead and 73 wounded.
“There has been fighting in Kuek after an attack on our base by Sudanese armed forces (SAF) and mercenaries” that started at 9:00 am (0600 GMT) on Thursday and lasted seven hours, according to SPLA spokesman Philip Aguer.
“On our side, five were killed and 26 were wounded and on the side of the attackers, 13 bodies were counted on the ground and they have 47 wounded,” Aguer stated, claiming that mortars, AK-47 assault rifles and heavy machine guns were used.
A spokesperson for the Sudanese Army denied any attack against camps across the border to South Sudan.[24]
11th November – Oxfam is significantly reducing its response and relocating staff from the Upper Nile state after the increase in violence in the area. Oxfam provide water and sanitation for 64,000 people in Upper Nile State. The organisation called for both parties to end hostilities and protect civilians. Aid to the refugees fleeing from the violence will also be affected by the relocation of staff.
“Thousands of refugees are still coming across the border from Blue Nile. They have fled attacks and walked for days to reach a place they thought would be safe – but instead they are now facing more violence. In desperate need of food, water and shelter, the refugees now receive virtually nothing when they arrive,” said Sanjay Awasthi, head of Oxfam in South Sudan.[25]
1.7 Western Equatoria State
6th November – State Governor Bangasi Joseph Bakosoro warned rebel groups and militias not to use Western Equatoria State as a base for a rebellion. Recently the SPLA, in collaboration with communities of Jambo County, captured Peter Abdurrahman Sule, leader of the United Democratic Front (UDF) as he was in the process of launching an armed campaign against the Juba government.
“This state is not a state whereby people will cause anything to implement it here, this is a state which is peaceful, a state having reasonable people, a state which does not require trouble. If you want to start a revolutionary movement don’t come with it to Western Equatoria again,” warned Bakosoro.
The UDF claims they had no knowledge of Sule’s plans and not even his family knew of his whereabouts. Sule’s rebellion is the first of its kind to be started in the relatively peaceful greater Equatoria region.[26]
1.8 Rebel Groups
20th November – Rebel leader George Athor has said that he will continue the armed struggle against the government of South Sudan as he calls for new elections. After a meeting with President Kiir in Nairobi, Athor said that “there is a grave need for peace in South Sudan but unfortunately the other side were not cooperating.” Athor called for fresh nation-wide elections and “two or three ministerial posts.”
Athor has been accused of running Khartoum’s errands, a claim he denies and maintains that “this is not an ethnic or a tribal fight, but about changing the whole system,” He added that he would soon be returning to South Sudan and that other separate southern militia forces have followed his command.
“We are ready for talks as soon as they [the government] are,” he said. “We can reach an agreement because ultimately we don’t think that this can be resolved militarily,” he said.[27]
1.9 Disarmament, Demobilization and Reintegration
28th October – The Minister for Labour, Public Service and Human Resource Development, Hon. Awut Deng Acuil, met Hilde Johnson, the Special Representative of the Secretary General of the UNMISS in the Republic of South Sudan and discussed issues concerning Disarmament, Demobilization and Reintegration (DDR), the Diaspora and returnees from the North.
The Minister urged UNMISS to work closely with the government of South Sudan on these issues. In a press statement, Ms Johnson lauded the role the ministry played in the last years of the CPA and expressed confidence in its continued work to address public issues and ensure the delivery of services to the people. She assured the Minister that UNMISS will support the government in its DDR programme and other areas of concern.[28]
2nd November – Two battalions were deployed to help out with disarmament in Unity State at the beginning of the month. The disarmament campaign in Unity state is the latest in a series of efforts to disarm civilians to reduce crime and cattle raiding.
SPLA Maj. Gen. Marial Chanuong Yol says his forces, belonging to division six of the military, will focus the disarmament campaign on Mayendit and Panyjiar counties. The process will involve local chiefs, youth leaders, local police and SPLA forces in the area to identify the youth members in possession of guns and persuade them to surrender their firearms peacefully.
This is Unity state’s first disarmament campaign since South Sudan became an independent country on July 9. However, it is not the first disarmament campaign in South Sudan and SPLA forces in neighbouring Warrap state have so far collected more than 3,000 firearms from civilians in a recent voluntary disarmament campaign, according to Chanuong.[29]
8th November – The Cueibet county commissioner has told the media that the Lakes state disarmament programme that began in September will begin its next phase after the completion of phase two on 3 November. Isaac Mayom Malek told Good News Radio that the next phase will involve the confiscation of arms in the possession of those who retained illegal firearms in the previous phases.[30]
1.10 Internally Displaced Persons
2nd November – Since South Sudan gained independence, many of its former residents have been struggling to return home. In Renk, a rural town near the Sudan-South Sudan border, almost 20,000 people have arrived in the last 3 months. A camp has been set up to accommodate the returnees butthe living conditions are problematic.
“We have a lot of problems associated with sanitation and health, food and shelter,” said Deng Akuei Kak, the Renk County commissioner.
UNICEF is working with NGOs and the government in a range of interventions on child survival, education and protection at multiple returnee camps and in returnees’ final destinations.[31]
4th November – More than 700,000 southerners living in Sudan have lost their Sudanese nationality since South Sudan became independent in July. They were given a nine month period to “regularise their status”. However, half that time has now passed and neither Sudan nor South Sudan have decided what that means in practice.
At the same time, thousands of people are desperate to make their way to the south and at Kosti way station alone, there are over 12,000 people waiting for transportation.
“What I saw in Kosti was the very real human face of the ongoing problems between Sudan and South Sudan,” said UK International Development Minister Stephen O’Brien.
“Britain is working as part of the international effort to keep these people safe. But it is crucial that the governments of both Sudan and South Sudan work together to remove artificial deadlines and give clarity to all those who are unsure about their status,” he added.[32]
16th November – 205 IDPs have returned to Wau from Khartoum. The group, which began its journey on the 25th October, is the first of 15 scheduled groups to make the trip.
“The train was protected by both military and police from Khartoum until the River Kiir,” said Abdul-latif Agok, a chief acting as coordinator for the train and state.
The trip was organised in collaboration with the International Organization for Migration (IOM) and other agencies to assist the IDPs with food and other essential items.[33]
18th November – The UNHCR is concerned for the safety of thousands of refugees that have fled to South Sudan, after a recent surge in violence in the southern states. UNHCR have been working to remove the refugees from the border areas into safer regions.
A statement read: “UNHCR is ready to assist in moving refugees who are willing o relocate to areas considered safer from military activities as soon as roads affected by heavy rainfall become passable again. However, our attempts to relocate refugees from Yida are being hampered because of the presence of landmines that have recently been found on roads in Unity State. UNHCR appeals to all parties to respect the protection of civilians.”[34]
2. United Nations
28th October – South Sudan has become UNESCO’s 194th Member State after completing procedures for the ratification of UNESCO’s Constitution on 27 October. The flag of South Sudan, now floats alongside those of UNESCO’s other 193 Member States.
The Minister of Culture, Youth and Sport for South Sudan, Cirino Hiteng Ofuho, said “we appeal to UNESCO’s Member States to continue to support our efforts so that our young nation can prepare its citizens to catch up with the rest of the world in the areas of cultural heritage, management, education and scientific research (…) The new Republic of South Sudan vows to become an active member of UNESCO and the global family of nations.”[35]
2nd November – South Sudan has made significant progress in establishing state institutions and integrating the militias into a regular army, but is facing challenges in protecting civilians and creating a peaceful coexistence among feuding tribes, according to UNMISS head Hilde Johnson.
Speaking on the state institutions, Ms. Johnson said “Of course there is much to be done to strengthen and develop these democratic institutions, but it is important to acknowledge that these have been put in place.”
South Sudan have managed to integrate members from three important rebel groups into the national army, a progress Hilde Johnson calls a “very major achievement”. However, she points out that some militias still have to be integrated into the army.
The first test for the government is to ensure peace and security amidst the recent violence in Jonglei state. UNMISS is monitoring the situation closely.
“Through a comprehensive, multi-pronged approach, we have together with the Government of South Sudan been able to so far deter retaliatory attacks, and we have also facilitated a reconciliation process where the church has taken the lead in trying to bring the communities together and prevent retaliatory attacks,” Ms. Johnson said.[36]
4th November – Hervé Ladsous who has recently taken up the post of Under-Secretary-General for Peacekeeping Operations in the UN, met with South Sudan President Salva Kiir. Protecting human rights, enshrining democracy and improving inter-Sudanese relations topped the agenda during the meeting.
“I wanted to have an exchange with the President about the general situation to confirm to him that the United Nations are ready, always in all circumstances, to help in building the State, in developing human rights and democracy, and also to help in the relationship between the south and the north,” he said.
“We have to make progress on the protection of the civilians who find themselves in regions of conflict and violence. We have to push the peace process in Darfur. We have to watch very carefully and encourage Khartoum and Juba to further work on the relationship between the two countries,” Ladsous added.[37]
17th November – The UNMISS has called on South Sudan’s military to ensure that all child soldiers are released. The South Sudan Disarmament, Demobilisation and Reintegration Commission recently released 50 child soldiers that had been conscripted in April.
UNMISS recognises the action by the DDR Commission, “however, we still call upon the SPLA to ensure that all children within their ranks are released,” said Hazel de Wet, senior child protection officer for UNMISS. “Children should be in schools and not military barracks,”[38]
3. Human Rights
3rd November – Aiming to raise the capacity of civil society advocates in promoting and defending human rights, the UNMISS Human Rights office began a workshop today in the Eastern Equatoria capital of Torit.
27 participants from a variety of CSOs were present for the 2-day workshop. Topics were to include the fundamental declaration of human rights, human rights monitoring and defending and the shared responsibilities of civil society organisations as well as the state in defending rights.[39]
4. Economy
4.1 Currency
29th October – The South Sudan Central Bank have raised the value of its currency, the pound, against the US dollar. The Central Bank has also moved to get rid of black market exchange, commonly referred to as mobile foreign exchange bureaus.
“The dollar should be selling at 2.96 and if it goes to 3, we have no problem, but if it goes to 3.8, we won’t accept that,” Central Bank governor Korenellio Koryom told a press conference.[40]
4.2 Development
4th November – A new land policy registration office in Unity State has met resistance from the local population. The land policy is asking citizens to pay around 1,500 SSP (approx. $560) for a now mandatory land ownership certificate. People are afraid that this will lead to rich people taking land from poorer citizens who can not afford to pay the fee.
The president of the High Court of Unity state, Benjamin Bak, said at the ceremony that it was important for everyone to have a certificate for the land they own. Governor Gai urged the whole state to register their land and said documentation would now be needed to prove ownership of land.[41]
6th November – South Sudan have launched a ten-year plan to connect all ten states with new road construction. The estimated cost of the plan is $3-4 billion. The announcement was made to a group of students in the Ugandan capital of Kampala.
“Everything is possible and all ten states will be connected. We have made an ambitious plan of over 3,000 kilometres all over the South,” said minister Chuang.
The source of funding for the tarmac roads, which are rare in South Sudan, remains a fundamental question. However, the South Sudan minister expressed opportunism that a combination of donor funding and credit would allow the project to go ahead.
Responding to accusations from the students that South Sudan’s leaders have failed to deliver basic services since they came into power after a 2005 peace deal, Gier Chuang Aluong admitted that he is “irritated when introduced as minister of roads and bridges,” because there are barely any roads or bridges in South Sudan.[42]
4.3 Education
28th October – South Sudan will begin to teach English instead of Arabic in schools. This is a move towards closer integration with its neighbours. Arabic and Islamic laws were imposed by the north before South Sudan became independent earlier this year.
“The switch will not be automatic and will probably be problematic but South Sudanese want to look southwards,” said Samson Wattara, an associate professor in political science at Juba University.
“This is a departure from the arabisation doctrine which was consistently opposed by different rebellions,” he said.
Information Minister Barnaba Marial Benjamin told reporters that “under the Khartoum government subjects were universally taught in Arabic. We will teach our national languages at pre-school and for the rest, the instructions in mathematics or science will all be in English.”
7,000 new teachers are being trained to help launch the country’s new syllabus. Secondary students will however keep taking their exams in Arabic for the next three years.[43]
13th November – Almost half of the students registered at Akot primary school in the Lakes State are no longer attending class. The headmaster, Santo Maper Mapuor, blames the strong SPLA presence in the area. Maper says students feel intimidated by the soldiers, which they share compound with, and parents feel compelled to pull them out of school.
The commissioner for Rumbek County (in which the school is located), David Marial Gumke says the soldiers share a borehole with the school. A relocation is difficult because of the lack of water points but continued efforts to relocate the soldiers are being made.[44]
4.4 Food Security
3rd November – The WFP have received a donation of $30 million from Japan. The contribution will provide urgently needed life-saving food and nutritional assistance to the most vulnerable people in four countries in the Horn of Africa – Ethiopia, Kenya, Somalia, and Djibouti – as well as Sudan and South Sudan. In the latter two, the donation will assist conflict-affected populations.[45]
4.5 Oil Revenues and Export
26th October – The IMF warns South Sudan that its oil production will start to diminish in 10 years. Oil exports stand for 98% of South Sudan’s revenues.
The IMF said that oil production in South Sudan “already started falling from its 2009 peak of about 360,000 barrels per day and, barring new discoveries or improved recovery, it is likely to halve by 2020.”
“Thus, there is a small window of opportunity to put the oil windfall to good use. However, given absorptive capacity constraints, investment must take place gradually while the oil wealth is saved and capacity improved. An immediate challenge is for the country to establish the credibility of its macroeconomic policy framework, including monetary operations.” [46]
9th November – Oil production in Unity State has fallen by 25% since July. Unity State stands for about a third of the oil production in South Sudan. A reason for the decline in production is the withdrawal of Sudanese workers and technology after independence in July.
15 out of 138 wells are out of action causing the state’s output to drop to around 80,000-95,000 barrels per day (bpd), down from around 115,000-120,000 bpd.
“There are some wells that have problems and they need to be reworked by the service rigs, but they don’t have access to the roads because that is a swamp area,” Unity State oil minister William Garjang Gieng said. This problem will likely be solved when the end of the rain season comes.[47]
22nd November – Since South Sudan gained independence, they have sold 33.4 million barrels of oil at a value of $3.2 billion despite the deadlock between South Sudan and Sudan. Juba and Khartoum are still locked in the dispute over the fees that the south needs to pay to use the north’s oil infrastructure.[48]
5. Governance and Civil Society
5.1 Governance
8th November – The main opposition party in South Sudan, the SPLM-DC, have called for national dialogue in a bid to address issues of national development.
“Since the country’s transitional constitution defines South Sudan as a country with [a] variety of diversity, unless national consensus is staged for action, this diversity will remain in words. The failure of the Sudanese state that we separated from to properly tackle the issue of diversity is what landed the country into the perpetual problems we are facing today”, SPLM-DC leader Dr Lam Akol said.
“As we talk about diversity, this diversity must be turned into strength; it must be turned into power that can keep us together rather than divide. Why must we dialogue now? We must start on the right footing. We must have the correct beginning and to have a national consensus that South Sudanese agree on the best ways to rule themselves,” said Akol.[49]
10th November – The governments of Switzerland and South Sudan have signed a pact to strengthen traditional leadership in the new country.
“The MoU focuses on providing support for establishing legal frameworks for Councils of Traditional Authority Leaders (COTALs) in each of the ten states of South Sudan and providing support to one COTAL at the national level. The establishment and support of the COTALs will enable the COTALs to perform their duties for the newly born Republic of South Sudan,” said Del Rumdit, Director General for Local Government and Traditional Authorities of the Local Government.[50]
5.2 Media & Communications
7th November – According to Amnesty International, South Sudan’s National Security Services (NSS) have arrested and detained two journalists. No charges have been raised and they have no access to a lawyer or their families. Amnesty warns that there is also a risk of torture and other ill treatment. Both were arrested after writing articles criticising the government and president Kiir.[51]
6. Health
1st November – The deputy governor of Eastern Equatoria state, Nartisio Loluke Manir, urged his community to stop seeking medical assistance from witch doctors and go to healthcentres instead.
“So many of our people in the villages are suffering from diseases that could have been treated in the early stages at the medical facilities, but they instead go to witchdoctors for treatment who often treat them, thus leading to the death of many of the patients,” said Loluke.
The state government of Eastern Equatoria state said that a higher focus will be put on providing health services to the people. “Our health institutions have not developed to the level where every citizen has access to health services at a walking distance. It’s the strategy of the government to ensure that this is achieved in the long run,” said Loluke.
The remarks were given at a ceremony where the Norwegian People’s Aid handed over four new vehicles to state authorities.[52]
7th November – The government of South Sudan have assumed full ownership of all former Sudan’s National Health Insurance facilities in all ten states. The healthcentres will from now on be known as the South Sudan National Health Insurance Fund. Thecentres fall under the Ministry of Gender, Child and Social Welfare but will mainly be maintained by the state in which it is located.
The centres fill an important role in a country where most of the population cannot afford healthcare. “We receive about 200 patients daily with the commonly reported cases at the health facility being asthma, dehydration, severe malaria as well as chronic illnesses such as diabetes, hypertension, rheumatoid arthritis and asthma,.” said Philip Lutama, a Public Relations Manager of the South Sudan National Health Insurance Fund in Eastern Equatoria State.[53]
7. Related Issues
7.1 Darfur
7th November – An African Union-United Nations Mission in Darfur (UNAMID) patrol came under attack near Nyala, South Darfur, killing one solider and leaving two wounded. All three soldiers came from Sierra Leone. Following the attack, the UNAMID conducted a search in the area and apprehended a suspect who was handed over to the Sudanese police.
“I am deeply distressed by and in the strongest terms denounce all violence on our peacekeepers who work relentlessly to bring security and protection to the people of Darfur. I would like to remind that any attack on international peacekeepers is a war crime, and we will ensure that justice will be served,” said Ibrahim Gambari, Joint Special Representative and head of UNAMID.[54]
7th November – The UN Security Council stressed the need to end violence against peacekeepers after the death of a UNAMID soldier in South Darfur.
“The members of the Security Council condemned in the strongest terms the attack on a UNAMID patrol in Darfur”, the 15-member body stated.
“They called on the Government of Sudan to bring the perpetrators to justice, and stressed that there must be an end to impunity for those who attack peacekeepers,” added a statement issued to the press by Ambassador José Filipe Moraes Cabral of Portugal, who holds the Council’s rotating presidency for this month.[55]
8. International Relations
8.1 Uganda
25th October – Officials in South Sudan have called for investigations into allegations that Ugandan officials have moved their shared border. South Sudan says that the GPS coordinates defining the border was “abruptly” changed giving Uganda more land. After a joint meeting between the two affected districts in Uganda and South Sudan, both sides decided that an investigation should be initiated and a resolution was signed.
“The abrupt change of the GPS international border line reading between South Sudan and Uganda must be investigated jointly by both the governments of South Sudan and that of Uganda,” one of the resolutions affirms.[56]
9. Analysis/Official Reports/Press Release
October – Government Campaign to Silence Activists and Quash Demonstrations in Sudan by African Centre for Justice and Peace Studies.
In October 2011, the Sudanese National Security and Intelligence Service (NISS) launched a campaign aimed at silencing activists and anyone participating in public demonstrations throughout Sudan, using arrests and intimidation tactics. This report documents the arrest of activists and demonstrators made by the government of Sudan. It also documents the violations of freedom of expression that took place in October 2011.[57]
21st October – ‘Sudan’s Southern Kordofan Problem: The Next Darfur?’, International Crisis Group
This African report talks about the recent surge in violence in Kordofan State. It looks at how inadequate implementation of the CPA’s special protocol relating to the region has led to insecurity and growing dissatisfaction. The state’s inhabitants were polarized by the opposing sides during the North/South war and despite the CPA, remain deeply scarred by the conflict, polarized and fragmented along political and tribal lines.
The report also details recommendations to both the local players, UNMISS and donors on how to deal with the increase in violence in the state.[58]
24th October – ‘Statement to African Commission on Human and People’s Rights: Human Rights Situation in Africa’, Amnesty International
Amnesty International is alarmed by the deteriorating human rights situation in Sudan, including the recent conflict in Southern Kordofan and Blue Nile states.
Amnesty International calls on the African Commission to urge the Sudanese authorities to end indiscriminate aerial bombardments and other violations in Southern Kordofan and Blue Nile, and to allow unfettered access to humanitarian agencies in all affected areas, in order to provide assistance to the affected population. Amnesty International further calls on the Commission to encourage the Sudanese authorities to provide access to independent human rights monitors.[59]
November – South Sudan Monitor from Saferworld
This month’s edition of the South Sudan Monitor contains four articles. The first article talks about the increase of violence in urban centers in South Sudan and particularly in Juba. Young people are drawn to urban centres seeking employment and education opportunities but with a lack of job opportunities, low wages and increasingly high living expenses, the resort to crime is sometimes an issue of survival. This article looks at socio-economic issues that influence urbanisation and urban violence in South Sudan.
The second article explores what options are available for South Sudan to engage in regional operations to counter the LRA under the auspices of the AU regional task force.
The third article examines the g7+ recommendations on aid effectiveness and questions if this goes far enough to deal with the political obstacles that hinder the effectiveness of aid. The g7+ met last month in Juba in preparation for the 4th High Level Forum on Aid Effectiveness which will take place in Busan, South Korea in late 2011.
The fourth and last article deals with the relations between South Sudan and China. Chinese actors have played an important role in peace and development in South Sudan and might have a big role in their future.[60]
2nd November – OCHA have released a map detailing the number of returnees by county arriving at final destination. A total of 348,104 returnees arrived between 30 October 2010 and 25 October 2011. The list does not include returnees that have not reached their final destination.[61]
2nd November – USIP, Return to War in Sudan’s Nuba Mountains by Julie Flint.
Julie Flint argues that the response to the renewed war in Sudan’s Nuba Mountains has been driven largely by a human rights and humanitarian crisis. The crisis will continue indefinitely without a political agreement that acknowledges that the Nuba rebellion is self-sustaining and reflects a wider malaise within the new Republic of Sudan. With Sudan facing financial collapse, economicnormalisation must be part of negotiations with Khartoum to end the war in the Nuba Mountains and promote democratisation throughout Sudan.[62]
4th November – In September and October of 2011, Refugees International travelled to the new nation of South Sudan to look at the situation affecting southerners returning from the north. They were accompanied by photographer Jiro Ose. Please follow the the link below to view a few of the images he captured during the trip.[63]
9th November –‘South Sudan Food Security Outlook, October 2011 – March 2012, USAID.
During October, food insecurity will be concentrated in northern pockets of Warrap and Unity, where Crisis (IPC Phase 3) conditions persist due to high IDP and returnee concentrations and insecurity.
Slight improvements are anticipated in Northern Bahr El Gazal and northern parts of Warrap in October with the incoming sorghum and groundnut harvests. However, these improvements are likely to be temporary due to poor crop performance, increased IDPs and returnees, and trade restrictions. Improvements are expected in November and December 2011 with the long term sorghum harvests.[64]
9th November – Mrs. Julia Dolly Joiner, Commissioner for Political Affairs, African Union expresses her profound gratitude for the work Justice Africa have done in organising a Consultative Seminar on a permanent Human Rights Memorial at the AU Headquarters.
In the opening remarks for the consultative seminar, Mrs. Julia Dolly Joiner reflects on the importance of a permanent Human Rights Memorial and the importance of Human Rights to the African Union. She said that the “construction of Human Rights memorials is a matter of national and international importance.”
“Establishing the African Union Memorial for the victims and survivors of Human Rights abuses and genocides in the African continent provides an important opportunity. It is a reminder and recognition of a dark past; an affirmation of the resolve to respect the dignity of humankind; and a commitment to prevent future recurrence of such acts,” she added.[65]
11th November – Letter to President of the Republic of South Sudan, Salva Kiir Mayardit, from Civil Society Representatives in LRA-affected areas of the Democratic Republic of Congo, Central African Republic and South Sudan.
20 civil society groups in northern Congo, Central African Republic, and South Sudan wrote to President Salva Kiir Mayardit, calling his attention to the ongoing atrocities committed by the Lord’s Resistance Army (LRA) in south-western South Sudan, as well as the bordering regions in neighbouring countries.[66]
14th November – ‘Launch Point: Corroboration of Reported SAF Air Attacks in South Sudan’, by Satellite Sentinel Project.
This report details the latest finding by the SSP of alleged bombings of refugees camp in South Sudan. The SSP identifies two An-26 transport planes which allegedly bombed two refugee camps on 8 and 10 November. The report also includes satellite images of the planes on the airstrip.[67]
16th November – ‘Statement on the Need to Protect Civilians in Multiple Crises’, by Under-Secretary-General for Humanitarian Affairs, Valerie Amos.
Escalating tensions along the border of Sudan and South Sudan have put millions of people at risk. Valerie Amos argues that it is vital to ensure that those fleeing across the border for safety to South Sudan are accommodated in areas at a safe distance from the border, and that all necessary steps are taken to preserve the civilian character of these settlements.
In Sudan, humanitarian agencies must be given safe and unimpeded access to vulnerable civilians, so that they can assess their needs and provide life-saving assistance.[68]
16th November – ‘NGO accountability: findings from South Sudan in Humanitarian Exchange’, by the Humanitarian Practice Network
This article, based on research conducted over 18 months in South Sudan, focuses on NGO accountability to the people humanitarians aim to assist.[69]
18th November – ‘Sudan Issue Brief – Fighting for Spoils Armed Insurgencies in Greater Upper Nile’, from Small Arms Survey
In this Issue Brief reviews the roots of the armed insurgencies led by George Athor, Peter Gadet, and other Southern commanders—all of whom have claimed to seek systemic changes to the Juba-based government or to overthrow it. It assesses the current approach of the SPLA and the government of the Republic of South Sudan (RoSS) to containing them, concluding that it is both ad hoc and unsustainable. Furthermore, the response fails to address the grievances of the communities that joined the insurgent leaders in taking up arms against the government and the army.[70]
10. Sudan Weekly Humanitarian Bulletin
3rd November – Sudan Weekly Humanitarian Bulletin, 21-27 October 2011 from OCHA.
Key Points
- Fighting between the Sudanese Armed Forces (SAF) and Sudan People’s Liberation Movement -North (SPLM-N) forces continues to affect civilians in Blue Nile and South Kordofan states.
- Some 2,000 more Sudanese civilians fled from Blue Nile State into Ethiopia, bringing the total number of Sudanese refugees in Ethiopia to 28,700 people.
- Fighting is expected to have a major impact on food security for IDPs and other people affected by the fighting in Blue Nile and South Kordofan states.
- Tribal violence near Muglad in South Kordofan State left 172 dead and raised concern over the safety of trains transporting South Sudanese from Khartoum to South Sudan.
- Returns from Sudan to South Sudan continue, with more than 19,000 returnees in Kosti way station awaiting assistance to travel to South Sudan.
- A total of 17,600 refugees and IDP returns have been verified in Jebel Moon, West Darfur.[71]
10th November – Sudan Weekly Humanitarian Bulletin, 28 October – 3 November from OCHA
Key Points:
- On 3 November, the Sudanese Armed Forces (SAF) re-entered Kurmuk in Blue Nile State.
- UNCHR reports new wave of refugees crossing the border into Ethiopia from Blue Nile State.?Some 33,000 Sudanese have crossed into Ethiopia since September 2011.
- Following continued clashes between SAF and Sudan People’s Liberation Movement-North (SPLM-N) in South Kordofan State, more civilians are reportedly fleeing into South Sudan.
- The reconstruction of the Banton Bridge linking Abyei to Agok was completed this week.[72]
18th November – Sudan Weekly Humanitarian Bulletin, 4-10 November 2011 from OCHA.
Key Points:
- Following the take-over of Kurmuk by the Sudanese Armed Forces (SAF) on 3 November, the Sudanese Red Crescent Society reported that many medical clinics, schools and water points in Kurmuk town were severely damaged as a result of the recent fighting.
- On 8 November, the conflict in Blue Nile State took on a new dimension when aerial bombardment by the SAF in New Quffa and Yafta in Upper Nile State was reported close to the border with Sudan. The UN in South Sudan reported that according to initial investigations, one child and seven SPLA soldiers were killed and a number of injured were evacuated after the bombings. In a separate incident on 10 November, aerial bombardment by the SAF was reported in the Yida area in Unity State, close to the border with Sudan. The UN in South Sudan reported that the bombardment struck a temporary camp for displaced and refugee populations in Yida.
- The UN Humanitarian Coordinator in South Sudan condemned the attack on Yida, expressing serious concern about the impact on the civilian population in the area. The UN Secretary General also condemned the attack, expressing deep concern over the escalation of rhetoric between the Government of Sudan and the Government of South Sudan, particularly in regard to cross border support of rebel groups and incursions into one another’s territory.
- In Darfur, on 6 November a UNAMID officer was killed and two others injured when their patrol came under attack by unknown gunmen in Nyala.[73]
Voices from South Sudan
11. Interview With Stephen Opande
“The Civil Society in South Sudan is a potential progressive force. The Civil Society Referendum Taskforce was a great start to the process of South Sudan-wide CSO networking. It was successful because all of the CSOs involved had the common agenda of achieving a credible referendum process.“
Justice Africa is working with various civil societies in the Republic of South Sudan. To get an insight into the activities of civil societies, we had an opportunity to interview Stephen Pande who is the Programme Manager at Justice Africa – Country Office in Juba. Stephen was instrumental in leading the Sudan-Sudan Dialogue project whose aim was to strengthen Sudanese peace and democratic processes that led to the formation of stronger civil societies in the country.
Tell us about Justice Africa and its work in South Sudan.
Until recently, some INGO actors in South Sudan felt that Justice Africa was not actually an INGO. This is because of Justice Africa’s unique role and style of work – including its staff, who are all social activists. What makes Justice Africa unique is the fact that, unlike most, if not all international NGOs in South Sudan, Justice Africa plans and implements all of its work with civil society networks and/or organisations and openly works with them not only as equal partners but as friends. This accounts for the great success of Justice Africa in facilitating the start of a vibrant civil society movement during the immediate pre and post independent period.
I can say with all certainty that Justice Africa is one of the most focused, celebrated and influential INGOs working on social transformation in South Sudan. I say so, not because I am part of Justice Africa but because I am convinced as such and this is why I chose to join the organisation in May 2010. I was intrigued by Justice Africa’s long history of facilitating constructive socio-political debate, critical thinking, civic participation and involvement in the making of the interim constitution of South Sudan – all of which were useful contributions in the process of social transformation in South Sudan. I wanted to be part of these historic processes. Having been involved in activities that were very similar to such initiatives, especially CSO advocacy and awareness-raising processes both in South Sudan and in Kenya, Justice Africa was for me the ideal place to work.
Tell us about your role in Justice Africa.
I was not wrong about Justice Africa, as immediately after joining, Neha Erasmus (who was then the only programme staff member of Justice Africa), Kenneth Korayi (who facilitated the Sudan Dialogues conferences as a consultant), and I carved out our place in the liberation history of South Sudan by being the first non-state actors to call upon the Sudanese people to understand, accept, and confidently embrace the referendum process. We promoted the understanding that the referendum was not a mystery but a reality that must take place in the present generation. As we went from state to state, talking about the participation in the referendum and its possible implications to hundreds of enthusiastic citizens of South Sudan, I came to understood my role to be both boosting the people’s confidence and enabling them to come to terms with the dynamics of transformation in a country that was fast moving from absolute dictatorship to a young democracy.
We managed to organise large town hall style conferences in 7 states and in all of them, I made two presentations; Peace and Security and the Meaning and Challenges of Sovereignty.
What role does Justice Africa play in South Sudan?
The founders of Justice Africa seem to have passed over the baton to us – and I think we have, with a considerable level of success, managed to understand and steer forth their vision, notably through the value of debate, critical thinking and facilitating civil society to undertake initiatives in policy influence through advocacy and lobbying. We try to achieve all of these aims through our two distinct, yet integrated programmes; on dialogues on the future of South Sudan, for which I am responsible, and civil society coalition building which my colleague Benjamin works on. We generally work with the civil society on social transformation, and I believe my role is to enable my civil society colleagues to acquire skills, develop attitudes and gain the knowledge necessary for social change. I hope to further this through the constitution programme and through the Unity in Diversity programme which Justice Africa is currently developing. The latter is a practical project focusing on unity in diversity through which we will build on our experiences in the constitution making project.
What was the objective of the Public Lectures?
The objective of the Lecture and Seminar Series was to provide a forum for discussion, debate and critical thinking among civil society, academia, government officials and policy makers on issues that are of concern to the people of South Sudan. The goal was enable informed participation in social transformation and nation building.
Can you tell us about your role in the Public Lectures?
My role in the lecture series was planning, mobilization of participants and general coordination of the events. We did this by setting up an organising committee comprising of: The Centre for Peace and Development Studies of the University of Juba and the South Sudan Human Rights Commission, which coordinated the participation of governmental policy makers and various civil society actors. I was also responsible for general liaisons, radio announcements and identification/engagement of relevant discussants and resource persons. Although I was responsible for identifying a few of the speakers, most were identified by a steering committee drawn from the Inter Africa Group and Justice Africa. Where I was not involved in identification, I worked to ensure that the suggested speaker participated in the initiative as was desired.
What is your assessment of the Public Lectures?
Successes
The public lecture;
- Brought people together in an open forum to think, learn and discuss. In the process, many were able to build relationships and solidarity with one another. Consequently, they began to think about what they could jointly do to address the many important issues that were raised during the public lecture.
- Enabled the realisation that citizens have an obligation to contribute to nation building.
- Inspired rigorous thought and learning in an open intellectual forum.
- Provided an opportunity for the common man to engage with the leadership and discuss with them on issues affecting the new nation.
Generally, the presenters highlighted critical issues of concern to nation building and consequent plenary discussions contained serious critical thinking.
Limitations
There were no follow-up seminars except after the public lecture on Federalism; hence the project was a public lecture series and not a public lecture and seminar series. This was mainly due to a limitation in funds.
What was discussed at the Lectures and Seminar Series?
The Lecture topics and presenters were;
- The Role of the Civil Society in Transitional Democracy – By Ndolo Assasa, a reform activist from Kenya
- Southern Sudan On The Eve Of Self Determination – By President Tambo Mbeki
- Constitution Making and Constitutionalism – By H.E John Luk Jok, the Minister for Legal Affairs and Constitutional Development
- Cultural Diversity and the Fundamentals of Nation Building – By Dr Jok Madut Jok , the Undersecretary of the Ministry of Culture and Heritage
- Independence and Beyond: Involving Women in Building the New Nation of South Sudan – By Professor Alfred Sebit Lokuji
- The Role of the Youth in Nation Building – By Clement Janda
- Constitutional Federalism – By Robert Ladu Lwoki
The public lectures marked a significant start to public deliberations on issues of national concern. The topics were inspiring and timely, which ignited much discussion. The discussions were well thought out and intellectual, and proved that the people have the potential to meaningfully contribute to important national debates.
Is there a follow up plan to the Lecture Series?
The projects we are designing, especially the Constitution Reform and Advocacy Programme and the Unity in Diversity Project, are follow ups to the deliberations at the public lectures. We may still plan to have follow-up seminars on key concerns if funds can be made available.
Can you give us your impressions on the developments of civil society organizations in South Sudan?
The Civil Society in South Sudan is a potential progressive force. The Civil Society Referendum Taskforce was a great start to the process of South Sudan-wide CSO networking. It was successful because all of the CSOs involved had the common agenda of achieving a credible referendum process. I hold strongly believe that the programmes Justice Africa intends to work on – mainly the Constitution making process and the Unity in Diversity project – provide avenues through which a national civil society networking process can be achieved. In brief, the civil society can only come together if there is difficult agenda that they must unite to achieve.
Yet more still needs to be done in terms of;
- Enabling CSO leaders to fully understand, appreciate and take up their respective roles
- Enabling CSO to have the necessary general knowledge through initiatives such as scholarships for post graduate education
- Imparting in them the very necessary skills, attitudes and knowledge
- Understanding the need for CSO national, regional and international networking
Do you have anything to add?
With Justice Africa, I have had an opportunity to think and act on the basis of my personal conviction, drive and enthusiasm. I have in this regard, had the opportunity to participate in two projects I consider instrumental to the process of building South Sudan as a viable nation – The Sudan Dialogues Project and the Constitution Reform and Advocacy Project.
Finally, it is interesting to note that the programme staff in Justice Africa have recently begun thinking about Pan-African perspectives and regional interventions, all of which were the preoccupation of the late Tajudeen Abdul Reheem, Alex De Waal and Yohanis Ajawin, who founded the Justice Africa Initiative and whose intellectual drive continues to motivate all of us.
12. Training on the Constitution
On the 18th and 19th of November the South Sudan Law Society organized a training workshop for its civil society resource team. The resource team, comprising of many of South Sudan’s leading civil society activists, listened to presentations on various aspects of the transitional constitution and then split into groups to provide their own critique of the constitution.
The workshop was opened by Taban Kiston of the South Sudan Law Society. Taban began by arguing that the 2005 interim constitution of Southern Sudan was created with little consultation with the common man, an exclusiveness which was repeated in the creation of the transitional constitution. He claimed that this time South Sudan needs an in-depth consultation process within its communities.
Thus Taban explained that civil society is looking to facilitate a community driven process. That rather than seeking to confront the government, civil society hopes to support the process by giving key recommendations generated from the views of the people. Civil society must help the government learn what the people want in their constitution.
Taban argued that the second key role that civil society can play is to promote public knowledge and debate on this critical issue. He noted that few people even have a copy of the transitional constitution.
13. Gender Analysis
Julia Akeer of the South Sudan Women’s Lawyers Association provided a gender analysis of the constitution. She began by reflecting on the nature of the African state, which she claimed does not base its legitimacy on the rule of law but rather on the ideology of liberation. She noted that despite playing important roles in many of the liberation struggles in Africa, women have largely been excluded from playing a significant role within the state. This problem is exacerbated by the patriarchal structures and practices within the family and community. Thus, with the formal institutions of the state failing to empower women, they are generally excluded from decision making at all levels of society.
This has meant that most of the issues that women have outlined as important to them are not prioritized by the state. There is both a lack of women’s rights within African states and a failure to protect those rights that do exist. This is particularly the case with how African states interact with the international community. The state tends to work to appease the norms of the international community through the signing of international declarations yet has failed to uphold these declarations.
Julia Akeer then outlined the position of the South Sudan Women’s Lawyers Association, which is that women were excluded from the process of drafting the transitional constitution and that this must be rectified in the making of the permanent constitution. The Women’s Lawyers Association also has serious concerns about the language and content of the transitional constitution.
In respect to the content of the transitional constitution Julia Akeer then analysed the key articles that the Women’s Lawyers Association argue need to be changed in the permanent constitution. The first article she examined was Article 9.3, which reads “All rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified or acceded to by the Republic of South Sudan shall be an integral part of this Bill.” The problem with article 9.3 is in the use of the word integral. She explained that by signing up to international treaties the government is required to make those treaties domestic law. The use of the word integral allows the government to be subjective and choose which rights it intends to protect within the constitution. Thus, the word integral must be removed and the constitution must enshrine in law the international commitments that the government has made.
Article 15 states that “Every person of marriageable age shall have the right to marry a person of the opposite sex and to found a family according to their respective family laws, and no marriage shall be entered into without the free and full consent of the man and woman intending to marry.”
Three issues of concern in this article were the inclusion of family laws, the failure to define the marriageable age and the failure to address the issue of divorce. Family laws in a deeply patriarchal society such as South Sudan impinge upon the rights of women. Furthermore, under customary law it is very difficult for women to gain a divorce and consequently this right should be included within the constitution.
Julia Akeer then explained that the Transitional constitution is silent on gender based violence. It is particularly important that the code of conduct for the armed forces enshrines the army’s obligation to refrain from acts of sexual and gender based violence.
Another issue on which the constitution is silent is the right to food. Since women are at most risk of being food insecure Julia Akeer recommended that the permanent constitution provide a clause on the right to food.
In respect to affirmative action Akeer argued that the quota should be raised from 25% to 33%. The transitional constitution only applies to the quota to the legislature and executive, consequently it should be extended to the judiciary.
Finally on the issue of corruption Julia Akeer argued that the South Sudanese have a right to a society free of corruption. For when resources are stolen, less is spent on social services with the most affected being women and children. She noted that as of yet there have been no meaningful prosecutions of corruption cases. Consequently, freedom from all forms of corruption should be enshrined within the constitution.
14. Interviews
14.1 Merekaje Lorna – Sudan Domestic Election Monitoring and Observation Programme
Why do you believe it is important for civil society to be involved in the process of making the permanent constitution?
I believe that civil society organizations act as a link between the greater society and the national political and social processes. If they get involved then the society will be involved in one way or another.
How can civil society ensure that citizens are engaged in the process?
One key thing that needs to be done is consultations with the grassroots. As we get involved in the process of constitution making we see consultations with the citizens as a key process. We need to achieve a representative view of the people in rural areas.
Civil society was excluded from the process of making the transitional constitution. How can civil society ensure that this is not repeated with the permanent constitution?
What we need to come together and create a unified strategy. Last time our response to our exclusion was not well coordinated. If we have a well-coordinated and well planned strategy we can push for our involvement in a more effective method.
You are a member of the civil society resource team for the constitution. What do you believe that you personally can contribute to this process?
I think that I am well placed to communicate to the people at the grassroots level the importance of the process. I will also be able to share different views with people at the grassroots level so that they will be able to choose for themselves what they want included in the permanent constitution.
Is there anything in particular that you believe should be incorporated into the permanent constitution?
I believe that the language of the constitution should be a language that addresses all citizens equally. Thus the language of the constitution should be gender sensitive. Yet apart from that I am more concerned with the process than the actual result because I believe that if the process is open and inclusive then a good constitution will be made. I think what we need to ensure that the constitution is drafted in a very straightforward and honest way. The games that are played in which language is used to create loopholes should be stopped.
The constitution will outline how the governance structures of South Sudan are set up. What is your opinion on how South Sudan should be governed?
Given the complexity of South Sudan and our diverse ethnic makeup I think we should look at examples of nations that have effectively been able to govern many ethnicities. We have tried to build a decentralized system but that has been abused and too much power remains in the centre. I certainly don’t think we should have a centralized system but think that we must seek a hybrid system that is tailor made for South Sudan.
14.2 Henry Soka – Handicap International
Why do you believe civil society should be involved in the constitution making process?
I think that they should be involved because civil society represents society itself. They are representative of the citizens. Issues that affect citizens are familiar to them and they can address these issues.
Civil society was excluded from the process of making the transitional constitution. How can civil society ensure that this is not repeated with the permanent constitution?
I think that civil society must work to speak with one voice. It is important that civil society becomes stronger and acts together. We must also work with many different stakeholders, particularly the media. We need to stress the disadvantages of our exclusion from the process as this will lead to the violation of rights. In the end this is not for the benefit of civil society but for the nation as a whole that the process is inclusive. Empowering minority groups is for the good of the nation and sometimes the government does not understand that.
How can civil society ensure that citizens are engaged in the process?
This requires the strengthening of the civil society itself. Civil society must try to incorporate different groups so that it has representatives of many sectors of society. For instance, civil society must include persons with disabilities in its processes.
We also need to get to the grassroots to ensure that we know what people are saying. We cannot truly represent the people of this country if we are not communicating with them and understanding their needs. I think that this consultation process is very important.
What do you believe should be included in the permanent constitution?
I think that the constitution should be inclusive of all citizens. The transitional constitution does not appropriately represent persons with disabilities. They are not seen as equal citizens and they need to be equally represented in the constitution. We have also not been represented in decision making processes and consequently our views have not been heard.
It is also important to note that whatever we include in the constitution we need the constitution made accessible to people with disabilities. I for instance require a transitional constitution that is written in braille.
The constitution will outline how the governance structures of South Sudan are set up. What is your opinion on how South Sudan should be governed?
I think that decentralization is a good way to govern such a diverse nation. The national government is important but powers need to be decentralized to the states. I think that the powers that were in the interim constitution should be restored and that the states should have constitutionally guaranteed powers. It is not democracy if the President can simply shut down democratically elected legislatures.
14.3 Biel Boutros Biel – South Sudan Human Rights Society for Advocacy
Why do you believe civil society should be involved in the constitution making process?
Civil society is well placed to get the views of the people. Secondly, civil society is neutral and the majority of civil society supports what is good for society in general. Civil society is the voice for the voiceless and acts as a bridge between the community and the government. They inform the citizens about the government and the government about the desires of the citizens.
Civil society was excluded from the process of making the transitional constitution. How can civil society ensure that this is not repeated with the permanent constitution?
The first thing that civil society needs to do is learn about the constitution. It is of no use being involved in the process if civil society is ignorant about the constitution. Civil society must be able to communicate clear ideas about the constitution.
During the review process of the interim constitution SSHURSA made a submission to the parliament to include an article stating that a person can only be held in detention for 24 hours without being charged. This showed that despite not being represented in the review commission civil society was still able to lobby for change.
However, civil society will be more influential if they have representatives on the constitutional commission. Civil society must meet start meeting the relevant authorities in the offices of the President and Vice President. Civil society must start its lobbying now. The civil society must stand strong and must protest if they are not allowed to voice their opinions on the constitution. Now is the time, there are no excuses, we must have representatives there who are well qualified.
How can civil society ensure that citizens are engaged in the process?
Civil society needs to go to the states to train the people. SSHURSA is currently seeking funding to set up training programs.
What do you believe should be included in the permanent constitution?
Despite the inclusion of the 24 hour article in the constitution it has not be upheld. There must be a mechanism to allow for an application through the courts for the release of illegally detained persons.
What can be done to ensure an inclusive constitution for such a diverse nation?
The process of making the permanent constitution should include multiple stakeholders such as, political parties, civil society, church groups, the youth, and the traditional authorities. Furthermore, wider consultation at the grassroots level is needed. There should be a team in every state compiling the views of the people at the state level. Only by hearing the needs of the people can a representative document be made
You are a member of the civil society resource team for the constitution. What do you believe that you personally can contribute to this process?
I will focus on issues of governance, rule of law and human rights. I am convinced that rule of law emanates from human rights issues. I think that if human rights are protected there will be rule of law and democracy.
You are a member of the civil society resource team for the constitution. What do you believe that you personally can contribute to this process?
I will focus on issues of governance, rule of law and human rights. I am convinced that rule of law emanates from human rights issues. I think that if human rights are protected there will be rule of law and democracy.
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[35] UNESCO, http://www.unesco.org/new/en/media-services/single-view/news/south_sudan_becomes_unescos_194th_member_state/?cHash=16e3730cfcc02ea829459c23e6f33e9b
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[56] Sudan Tribune, http://allafrica.com/stories/201110261079.html
[57] ACJPS, http://www.acjps.org/Publications/Reports/2011/Government%20Campaign%20to%20Silence%20Activists%20and%20Quash%20Demonstrations%20in%20Sudan%20October%202011.pdf
[58] International Crisis Group, http://www.cmi.no/sudan/doc/?id=1202
[59] Amnesty, http://www.amnesty.org/en/library/asset/IOR63/007/2011/en/c8ecbea8-93fb-47a8-af36-43d00dca9aa0/ior630072011en.html
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[68] UN, http://reliefweb.int/sites/reliefweb.int/files/resources/ERC%20Statement%20on%20PoC%20crisis%2016Nov11.pdf
[70] Small Arms Survey, http://www.smallarmssurveysudan.org/pdfs/HSBA-SIB-18-Armed-insurgencies-Greater-Upper-Nile.pdf
[71] OCHA, http://reliefweb.int/sites/reliefweb.int/files/resources/OCHA%20Sudan%20Weekly%20Humanitarian%20Bulletin%2021%20-%2027%20October%202011.pdf