Tuesday, February 25, 2014

South Sudan: No Solution In Sight


The situation in South Sudan has gone from being disturbing to being downright depressing. There is no end in sight and no solution apparent. IGAD offers no hope

We keep hearing the same rhetoric from the both sides
-                                           Opposition: ‘We are fighting because Nuer were killed in Juba Dec 16th – 17th
o   Apparently they believe that 7,000 Nuer died during those two days. It is unclear where this number comes from. Considering that that it is reported that 10,000 people have died in this conflict - a number which has not changed since early January meaning that those who have died in the clashes in Malakal, Bor, Bentiu, and now Warrap state are not being counted - this figure remains grossly inflated. This claim is that 70% of deaths happened in Juba in two days. And only 30% so far in the other states.
o   Even if we agree that this is the actual figure,  they need to inform of us of how many bodies they want to count before they are sated. We can’t revenge to perpetuity. 
o   The government: this was an attempted coup, those responsible must be brought to court– but the govt has failed (to date) to bring these suspects to trial.  This needs to happen as soon as possible- and the IGAD mediated talks should prioritize establishing an independent court system to try the accused. Otherwise, even if there is a trial, none of us will believe the outcome,, because we do not have an independent judiciary.
o   What is extremely disappointing so far, is that while we try and cloak this situation into a political crisis, there has not been any ‘political’ demands made. What is the end result of all this? Accomodation? to make south sudan a more viable, democratic and free state? Really? By killing us and forcing us to flee our homes. Let us do better.

All the solutions provided so far, in my opinion will not provide results. Not when one side’s demand is that, ‘Kiir must go’ – which, without the popular support of the majority of South Sudanese is not even a demand, merely a reaction.
And the other side? Well, in this situation I’m not sure what the government’s demands are- except an end to hostilities/ violence. And that they want to try those accused of treason – even though there has not been any serious attempts at ensuring they will receive a fair day in court.

So?  I am frustrated. Every time I read of recapturing of a town by either side- this is not a moment for celebration, regardless of whom we support. We do not hear how many civilian (or even military) deaths have resulted in the achievement of this end goal. In fact, we still do not know how many of our people have died since the beginning of this situation. We know for certain that it is more than the 10,000 being peddled.

Not that I have any solutions either (yes, im as bad as all the pundits.) I feel that this situation will only end when one side overcomes the other. Therefore we should stop wasting our time in Addis Ababa, should formally declare a return to hostilities, and the rest of us will continue to count the dead and wait.

I will say this however; the opposition has failed to show us what constituency they are representing- except that of like-minded persons. We do not even know what % of the population this is – and I fear that it is a minority. In that case… they are not legitimate torchbearers.  I still do not understand what their claims to legitimacy are- democracy is not what they want to define it as.

I do know however, that several things need to happen in the interim

1.     The persons accused of treason need to be tried – in an open court - so that we are all privy to the ‘evidence’ provided and arguments contrary to – by open this means that the deliberations have to be available to the public at large. This cannot be a kangaroo court, therefore we need to establish mechanisms for judicial due process that meets acceptable standards
2.     There needs to be an investigation to the events of Dec 15th and 16th. This must happen sooner rather than later, and the longer we wait, the harder it will be to determine responsibility. An accusation of state sanctioned killings is serious, and while the government denies this, unless it is established that it was not party to any extra-judicial killings, this will remain a scar to its credibility. This needs to be cleared up. We will also need to understand what happens if the government is found wanting. What happens next?  How do we hold our elected representatives accountable?
3.     There will need to be investigations into what has happened since Dec 16th. Atrocities have been committed on both sides, we have seen the use of children in military conflict, and we have seen unnecessary civilian deaths. I am not sure how we will even begin to hold those responsible accountable – unless we focus on holding the leadership accountable and instituting traditional mechanisms for restitution and conflict resolution for the (other) majority of actors involved. I do not believe in amnesty in this particular situation. That has not worked very well for us – but I also do not want to see children who have been used as pawns be the only ones who pay for their ignorance and stupidity.
4.     There needs to be serious discussion on how those displaced (including those in UNMISS Juba) are going to return to their homes, in safety and without fear of death or retribution. We also need to discuss compensation for those who have lost livelihoods, primary care-takers, homes, etc.
5.     We need elections, and soon. Currently the elections are tied to the constitutional requirement that a census be held prior to. I fear this will be used to postpone elections past 2015 and will not help the situation at all. The voter registration lists can be used as a population baseline without need for a comprehensive count. I do agree that we need a census – just not for this particular thing.
6.     Instead of discussing power sharing, we need to determine what the majority of south Sudanese want – and this can only happen through free and fair elections.  There needs to be a space for competition on an equitable level- this is difficult given the emotional and historical hold the SPLM party name has on the majority of us. Perhaps we need political parties without the various iterations of SPLM name. Unfortunately, with on-going conflict, it will be difficult to conduct grassroots campaigns- which is sorely needed. Therefore elections remain tied to an end of the violence.
7.      After all is said and done we do need a credible constitutional review process. But first we need to agree on the definition of a constitution; either it is an agreement between political parties- therefore involves none of the rest of us (as the current head of the review process believes- and he also has the ridiculous notion that as the majority of us south Sudanese are illiterate, we do not need to be consulted- as though literacy is the only marker for intelligence) or we agree that it is a contract between government and its citizenry (which is the current shift in thought).  If it is an agreement between political parties, then it does not need to begin, “we the people of South Sudan”. However, regardless of the definition, those involved in the process must be vetted, not political appointees. They must still represent the interests of the country, and not that of a majority party or individuals. The deadline for the process needs to be reviewed in order to have an agreement as to the processes involved in finalizing a constitution we can all live with.
8.      Add on other thoughts here….