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Saturday, July 9, 2011

South Sudan: A Human Rights Agenda

June 30, 2011

On July 9, 2011, South Sudan will become Africa’s 54th state, following the referendum in January. The people of South Sudan deserve congratulations for the peaceful conduct of the referendum, provided under the 2005 Comprehensive Peace Agreement to end Sudan’s long-running civil war.

The new Republic of South Sudan (RoSS) faces enormous challenges, with its legacy of prolonged civil war and severe underdevelopment. Sustained, long-term international assistance, donor cooperation, and investment will be needed to fulfil many basic rights. But the RoSS can and should take many immediate steps that do not depend on long-term assistance to respect, promote and protect its people’s rights.
Amnesty International and Human Rights Watch urge the Republic of South Sudan to demonstrate its commitment to human rights by taking action in the following areas as a matter of priority:
  1. Ensure accountability for abuses by soldiers, police, and other security forces
  2. Uphold the right to freedom of expression and association
  3. Review the legality of all detentions, particularly of juveniles
  4. Immediately place a moratorium on the death penalty
  5. Promote and protect the rights of women and girls
  6. Ratify international human rights treaties
  1. Hold Security Services to Account
Fighting between the Sudan People’s Liberation Army (SPLA) and armed opposition groups since January has killed hundreds of civilians, including women and children, and displaced more than 10,000 people in Upper Nile, Unity, and Jonglei states, according to the United Nations. SPLA soldiers have been responsible for serious human rights and international humanitarian law violations in the course of this fighting, including unlawful killing of civilians and the destruction of homes and other civilian properties.
Soldiers also are committing serious human rights violations during law enforcement operations. The Southern Sudan Police Service (SSPS) remains under-equipped, ill-trained, largely illiterate, and insufficiently deployed. The SPLA is often called in to fill the policing void, but instead of upholding the rule of law the soldiers commit further violations against civilians, including unlawful killings, beatings, and looting, particularly when conducting forcible community disarmament operations.

The RoSS should meet its obligation to protect civilians with concrete measures, including the following, to address the widespread impunity for security forces:
  • Ensure that rank-and-file soldiers and their officers know and understand their obligations to respect and uphold human rights and humanitarian law; hold military personnel accountable for violations, with prosecutions before an independent tribunal that provides the full guarantees set out in article 14 of the International Covenant on Civil and Political Rights (ICCPR).
  • Refrain from using the SPLA to carry out policing functions, and ensure civilian oversight of all security and law enforcement forces.
  • Accelerate efforts to train, equip, and deploy the police service sufficiently to carry out their policing mandate; and ensure that police officers are aware of, and apply international standards on policing and are held accountable for human rights violations with prosecutions before an independent tribunal that provides the full guarantees set out in article 14 of the ICCPR.
  1. Protect Free Expression and Association and Peaceful Assembly
During Sudan’s April 2010 elections, southern Sudanese security forces harassed, arrested, and detained people thought to be opposed to the ruling Sudan People’s Liberation Movement (SPLM), including journalists and opposition party members. In 2011, Human Rights Watch and Amnesty International continued to document cases in which security personnel harassed and arbitrarily arrested and detained journalists for criticizing the government.
A new pattern has emerged, with security personnel arbitrarily arresting people suspected of links to armed opposition groups. Further contributing to the atmosphere of political intolerance, the government limited participation of opposition political parties in drafting the new constitution.

Amnesty International and Human Rights Watch call on the Republic of South Sudan to demonstrate its commitment to civil and political rights and freedoms with the following concrete actions:

  • Publicly affirm the government’s commitment to freedom of expression, association and peaceful assembly, including membership in any political party.
  • End the arbitrary arrests and detention of journalists, activists, and political opponents to the ruling SPLM. Release detainees or charge them with a recognizable criminal offense.
  • Enact media laws that guarantee freedom of expression and media freedom in accordance with internationally accepted standards. Enact a law that establishes the state controlled media as an independent public broadcast authority.
  1. Review Detentions, Reduce Case Backlog
Weaknesses in law enforcement capacity and the justice system as a whole resulting from the shortage of qualified staff and reliance on customary law have fuelled impunity for crimes and given rise to serious human rights violations in the administration of justice. These violations documented by Amnesty International and Human Rights Watch include arbitrary arrests and detentions, lack of legal assistance and aid, prolonged periods of pre-trial detention, and poor conditions of detention characterized by overcrowding, dilapidated structures, and insufficient food and medicine in police cells, county jails, and prisons.
Children are often tried as adults and in most detention centers are detained together with adults, exposing these children to a heightened risk of sexual abuse. Very few educational opportunities are available to detained children, making their imprisonment punitive rather than rehabilitative. Although the Child Act of 2008 guarantees juveniles a full range of rights and protections, including protections for children in conflict with the law, most of the necessary steps to provide these protections have not been carried out.
Many mentally ill people are in prison, although imprisoning them on the grounds of their illness is unlawful, whether for their “protection” or for the “protection of others.” The prisons lack sufficient medical services to treat them, there is no system of voluntary commitment, and confining them to prisons contributes to overcrowding.

In view of the actual and potential human rights violations within the criminal justice system, Amnesty International and Human Rights Watch call on to the Republic of South Sudan to take the following immediate steps to review all detentions and reduce case backlog and prison overcrowding:
  • The judiciary should, in accordance with its constitutional powers, review the legality and necessity of all detentions, on a periodic basis not exceeding every three months. The panel should order detainees released – particularly juveniles – if there are no grounds for holding them.
  • Ensure that the Justice and of Gender, Child and Social Welfare Ministries and other relevant government organs urgently develop a plan to create the juvenile justice system envisioned in the Child Act, including alternatives to imprisonment.
  • The Ministries of Health and Justice and any other relevant government bodies should as a matter of urgency develop a plan for the treatment of mentally ill persons and ensure their transfer out of prison custody, as there is no lawful basis to hold them.
  1. Immediately Place a Moratorium on Executions
The (draft) Transitional Constitution of the Republic of South Sudan provides that the death penalty should remain in force “for extremely serious cases in accordance with the law.” Since January 2007, authorities in Southern Sudan have executed at least 12 people, and scores remain on death row, including some juveniles.
The International Covenant on Civil and Political Rights provides that capital punishment can only be imposed for the most serious crimes and only after the most rigorous due process of law. States are increasingly abolishing the death penalty in accordance with the second Optional Protocol to the ICCPR and consistent with the right to life. African countries that have abolished capital punishment include Angola, Burundi, Cape Verde, Côte d’Ivoire, Djibouti, Gabon, Guinea-Bissau, Mauritius, Mozambique, Namibia, Rwanda, Sao Tome and Principe, Senegal, Seychelles, South Africa, and Togo.
In all countries where the highest standards of due process safeguards cannot be fully guaranteed, implementing a moratorium on executions is an immediate human rights priority. Actual and potential weaknesses in South Sudan’s criminal justice system can and do lead to breaches in international human rights law, including the right to a fair trial, the right not to be subjected to cruel, inhuman and degrading punishment and the right to life.
By declaring a formal moratorium on executions, with a view toward abolition, the new government would demonstrate leadership on the death penalty issue consistent with the global trend toward abolition. A moratorium would eliminate the risk of executing the innocent, including those who have not yet exhausted appeal options.
Amnesty International and Human Rights Watch call on the Republic of South Sudan to:
  • Declare an official moratorium on executions with an ultimate view to abolishing the death penalty;
  • Commute all death sentences;
  • Take the necessary steps to ensure the prompt ratification, without reservations, of the second Optional Protocol to the ICCPR, on the abolition of the death penalty.
  1. Protect the Rights of Women and Girls
Although many of South Sudan’s statutory laws contain protections for women and girls – such as prohibiting rape and sexual assault and allowing land ownership by women – the government is rarely able to enforce them. Women and girls are routinely deprived of the right to choose a spouse or to own and inherit property, and they are subjected to practices such as forced and early marriage, wife-inheritance, and the use of girls to pay debts, and various forms of domestic violence.
Across the South, women and girls have little knowledge of their rights under the law; more than 80 percent are illiterate. They have limited access to justice, with most domestic disputes resolved by traditional courts applying discriminatory customs and traditions based on discriminatory policies. Community leaders and traditional authorities applying these customs also lack awareness of women’s rights and how to uphold them.
Amnesty International and Human Rights Watch call on the Republic of South Sudan to demonstrate commitment to promoting and protecting the rights of women and girls with the following immediate actions:

  • Publicly declare zero tolerance for early and forced marriage and develop a national strategy to address the problem.
  • Publicly declare zero tolerance for sexual and gender based violence and develop a national strategy to address the problem.
  • Ratify the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol), and use them as guidance in drafting the new Constitution and other laws to promote gender equality.
  • Accelerate programs to educate men, women and children as well as traditional authorities about the legal rights of women and girls under Sudanese and international laws applicable in South Sudan. Ensure that the Ministry of Gender and Social Affairs has adequate resources for such promotion and protection activities.
  1. Ratify Key International Human Rights Treaties
Sudan is currently party to several human rights treaties, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); the International Covenant on Civil and Political Rights (ICCPR); the Convention on the Rights of the Child (CRC), including the Optional Protocol to the CRC on the involvement of children in armed conflict, and the CRC Optional Protocol on the Sale of Children; and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Sudan is also party to the African Charter on Human and Peoples’ Rights (African Charter).
South Sudan should establish a robust human rights framework by ensuring succession to these instruments, and by ratifying additional regional and international human rights treaties. These include:
  • The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) as well as the Optional Protocol to the CAT;
  • The African Charter on the Rights and Welfare of the Child (ACRWC);
  • The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW);
  • The Convention on the Rights of Persons with Disabilities (CRPD);
  • The International Convention for the Protection of All Persons from Enforced Disappearances (CPED);
  • The Rome Statute of the International Criminal Court, and the Protocol to the African Charter on the Establishment of the African Court on Human and Peoples’ Rights.
Amnesty International and Human Rights Watch also call on the Republic of South Sudan to:
  • Make a formal declaration upon its independence that it succeeds to the human rights treaties to which Sudan is a party; ensure that the Transitional Constitution and the future permanent Constitution contain a full bill of rights in line with these international human rights obligations.
  •  Take the necessary steps to ensure the prompt ratification, without reservations, of the treaties listed above including CAT and the Optional Protocol; ACRWC, ICRMW, CRPD, CPED, the Rome Statute of the International Criminal Court, and the Protocol to the African Charter on the Establishment of the African Court on Human and Peoples’ Rights.
  • Strengthen South Sudan’s international human rights framework by explicitly stating that the rights and freedoms described in the Transitional Constitution may be enforced in a court of law.
AI index: AFR 65/001/2011

Thursday, July 7, 2011

Briefing on the New Republic of South Sudan

Special Briefing
Johnnie Carson
Assistant Secretary, Bureau of African Affairs
Susan E. Rice

U.S. Permanent Representative to the United Nations , U.S. Mission to the United Nations
USAID Deputy Administrator Don Steinberg on Sudan
Washington, DC

July 7, 2011


MS. NULAND: Good morning, everybody. As you know, this Saturday, July 9th, the Republic of South Sudan will celebrate a ceremony to mark its independence, culminating a six-year peace process. The U.S. presidential delegation to the ceremony will be led by our Ambassador to the United Nations, the Honorable Susan Rice. And the delegation will travel to Juba to attend this historic event today. We are very pleased this morning to have Ambassador Rice as well as several members of the delegation to talk to you about this trip. We also have Assistant Secretary for African Affairs Johnnie Carson and Deputy Administrator for the U.S. Agency for International Development Don Steinberg.
Welcome, Ambassador Rice.
AMBASSADOR RICE: Thank you. Good morning, everybody. I’m very honored to lead the delegation that will travel on behalf of the United States to Juba to welcome the new Republic of South Sudan into the community of sovereign nations.
As you know, the delegation will also include Ambassador Johnnie Carson, Assistant Secretary of State for African Affairs; Brooke Anderson, the Deputy National Security Advisor and Chief of Staff and Counselor at the National Security Staff; General Carter Ham, the commander of U.S. Africa Command; Deputy Administrator of USAID Don Steinberg; Congressman Donald Payne of New Jersey, who is the ranking member of the House Foreign Affairs Subcommittee on Africa and Global Health, and formerly chairman of that subcommittee; Ambassador Princeton Lyman, who of course is our Special Envoy of the President to Sudan; Barrie Walkley, who is the U.S. Consul General in Juba; and Mr. Ken Hackett, who is president of Catholic Relief Services, an NGO that’s been very active for many years throughout Sudan.
I’m particularly honored, in addition, that we’ll be joined on the delegation by General Colin Powell, who as you all know, along with one of my predecessors, John Danforth, worked so hard to lay the groundwork for the Comprehensive Peace Agreement. And obviously, General Powell did that while he served as Secretary of State.
So as you can see, this is a very strong and bipartisan American delegation. It reflects the President’s deep commitment to developments in Sudan and to supporting the new Republic of South Sudan. And we will be active, all of us, all members of this delegation, in our time in Juba, pushing forward on the issues that are so important and remain to be resolved.
Let me just say a few more words about what we’ll be doing, why it’s important, and what message we’ll be bringing on behalf of President Obama. Our trip will, of course, focus on the celebration of the independence of the Republic of South Sudan. Our day will include, in addition to the ceremonies, a meeting with President Salva Kiir and a ribbon-cutting to officially transform the U.S. Consulate in Juba into the U.S. Embassy to the new Republic of South Sudan.
As you know, this independence celebration is a deeply significant event for the people of South Sudan, who, after a half century of war and more than 2 million people lost, finally will have the ability to determine their own future. By any standard, this is a historic moment, and the fact that it’s occurring as a result of a democratic exercise through a referendum that occurred peacefully and on time is itself all the more remarkable.
The United States has worked tirelessly to help make the promise of this moment a reality. First, it would not have been possible without the steadfast leadership and personal engagement of President Obama, who raised his voice consistently and eloquently as he did before what was a historic gathering at the United Nations last September, where he spoke in support, quote, “of a future where, after the darkness of war, there can be a new day of peace and progress.”
Our efforts have also been championed by Secretary of State Clinton and bolstered by the hard work of General Scott Gration, Ambassador Princeton Lyman, Ambassador Carson, and many others who have logged dozens of trips to the region and countless sleepless hours on the phone and around the negotiating table. Thanks to these efforts and the hard work of many others in the international community and at the United Nations, the moment is approaching when a future of peace is finally possible.
But let’s be absolutely clear: This is a fragile and fraught moment as well. It cannot and must not be taken for granted, least of all by the Government of Sudan and the Government of the Republic of South Sudan, who will have to still work exceptionally hard to achieve an enduring peace and enable the emergence of two viable states that are peaceful neighbors.
A number of core issues remain to be resolved. A permanent resolution of Abyei’s status is still elusive. And the situation there, in spite of an agreement on temporary security arrangements signed on June 20th and the imminent deployment of a UN interim security force for Abyei, is still extremely volatile. An estimated 100,000 people have been displaced from their homes in Abyei.
And meanwhile, of course, we’ve seen brutal fighting in the northern border state of Southern Kordofan between Sudanese armed forces and the Sudanese People’s Liberation Army North troops who come from that state. And the Sudanese army continues to carry out aerial bombardments that are hitting civilians. And on June 28th, the government and the SPLM North agreed to a framework of political and security principles for Southern Kordofan and Blue Nile states, but they haven’t agreed yet to any cessation of hostilities.
The United States clearly has condemned the escalating violence, especially by the Government of Sudan against civilians, and the detention and targeting of UN national staff and the deliberate obstruction of access for humanitarian agencies. In light of this situation, the United States is extremely concerned by the government’s decision to compel the departure of the UN mission in Sudan from Southern Kordofan and Blue Nile states and elsewhere in the North on July 9th. It’s vital that the United Nations be allowed to maintain a full peacekeeping presence in these areas for an additional period of time in order to facilitate the distribution of humanitarian aid, support the implementation of any cessation of hostilities agreement, and vitally, to protect civilians.
Furthermore, we’re concerned that the parties haven’t finalized arrangements on major outstanding CPA issues, including the border, citizenship, and oil. We believe the parties need to urgently resolve these remaining issues. In the meantime, it’s critical that the parties cooperate on such key issues as oil and citizenship in order to avoid major economic shocks or social upheaval. Allowing these issues, including the final status of Abyei, to linger without resolution for any length of time could swiftly destabilize the future relationship between these two states. So for our part, the United States will continue to be extremely active in supporting the implementation of the CPA in all of its stages, as we have since its inception, and particularly over the last 12 months. And we will continue to deliver the same consistent message on behalf of President Obama.
Saturday’s celebration is above all a testament to the people of South Sudan and secondly to the parties to the CPA. But as we’ve made very clear, the success of the CPA and the resolution of the larger issues in Sudan, including in particular Darfur, will remain a strong and consistent focus of the United States. As we mark progress for the Republic of South Sudan and an important new chapter in the history of what has been a very troubled region, the United States will remain resolute and clear-eyed about the road ahead.
Thank you, and I would now hand it over to Ambassador Carson.
AMBASSADOR CARSON: Ambassador Rice, thank you very, very much, and I am very pleased and honored to be joining you on this presidential delegation to South Sudan. July 9 marks the technical conclusion of the Comprehensive Peace Agreement, an accord that ended over two decades of conflict and suffering in Southern Sudan. The people of South Sudan can now look forward with great hope and expectations to the future, despite the enormous challenges that still must be addressed to secure the peace and to preclude another outbreak of conflict.
The United States remains deeply committed to helping South Sudan achieve its political and development goals, as well as working constructively with the government of Khartoum to improve and normalize our relations. To realize their dreams of peace and stability, we believe the leaders of both South and North will need to collaborate intensely and sincerely to achieve these goals. This means a reinvigoration of their efforts to ensure that their separation is characterized by dignity and mutual respect and in a manner that strengthens the continued viability, security, and economic prosperity of each of the two states.
The governments of North and South Sudan still need to reach agreement on critical issues from the CPA that have not yet been resolved. These are, among others, oil and transitional financial arrangements, citizenship and citizens’ rights, the resolution of the five areas along the North-South border, and the future status of Abyei. We also expect Sudanese leaders to implement fully their June 20 agreement on Abyei, which includes a full withdrawal of Sudanese armed forces from that territory.
We also expect the North to fulfill its obligations to hold and conclude in a timely manner meaningful popular consultations in Blue Nile and Southern Kordofan. It will be critical for the parties to work together to resolve the ongoing security and humanitarian crisis that now exists in Southern Kordofan. The current situation is deeply troubling. We call on the parties to reach agreement on and immediately implement a cessation of hostilities and allow for aid workers to provide humanitarian assistance to innocent civilians affected by this conflict.
After years of fighting, the people of South Sudan have earned their right to peace. Their children deserve a more promising future that leaves the conflict of generations of the past behind. We hope that their leaders will seize this unique opportunity to establish a durable and self-sustaining peace that will provide a solid foundation for two viable states sharing a prosperous and stable future in which their people can realize their long-delayed hopes and aspirations.
The United States, acting in concert with the United Nations, the African Union, and the European Union and other international partners, will continue to play its part in assisting the new state of South Sudan to strengthen its sovereignty, build its capacity for enlightened governance, and contribute to its economic development. This will be a challenge for all of us. The United States stands ready to work with the people of South Sudan to meet that challenge. Thank you.
I’d now ask Ambassador Steinberg.
AMBASSADOR STEINBERG: We have a real challenge ahead of us in supporting the process of a new state in Africa, and the United States has had a long history of supporting South Sudan both before the completion of the Comprehensive Peace Agreement and subsequently. At the explicit instructions of President Obama, we have worked to provide the people and the Government of South Sudan with the tools that they need to build a nation. And we often shy away from the phrase “nation building,” but in this case it is particularly appropriate.
Ambassador Carson spoke of the expectations of the Sudanese people, and indeed they have high expectations for what peace will mean for them. And already over the course of the last few years, we have worked with the Government of South Sudan to move themselves from a concept into a viable, functioning government. We’ve helped provide a million people with access to water. We’ve helped expand from school enrollment rates of about one in five to now 68 percent. We have financed the construction of roads, bridges, electrical power stations. And perhaps equally significant, we supported the January 2011 referendum on self-determination, which was overwhelmingly in support of independence.
In this effort, we’re working in partnership with a variety of agencies, the World Bank, our Troika partners, the United Kingdom and Norway on developmental and humanitarian assistance. And in that regard, we are prepared to host in September an international conference that will draw together the international community with the Government of South Sudan as a platform to demonstrate their vision and their future for their country and to engage with the international community. That will be held here in Washington towards the end of September.
In line with that effort, we have identified four key pillars for USAID and the whole of government to engage in, and these pillars are the following: to create an enabling environment for the promotion of private investment in South Sudan; to strengthen the agricultural sector to become a true engine of growth for South Sudan; to develop a common platform in institutional structure for the international community to engage in this new country; and to build the human capital necessary to govern and deliver services.
And it’s important to remember that this is a facilitative role, largely, that we’re performing. South Sudan has ample resources from its petroleum reserves and other assets to provide the basic needs for its development. However, in order to make sure that occurs they need the governmental capacity to ensure that resources are well used, that corruption doesn’t take place, and that bottlenecks and other impediments to development don’t occur.
I need to highlight as well that we’re responding to large humanitarian needs throughout South Sudan, and in particular now in Southern Kordofan, in Abyei, where we’re seeing probably a total of about 200,000 people displaced by recent fighting. Many of those are traveling to the South, and we are working with the Government of South Sudan to provide resources to them. I myself was in South Sudan about six weeks ago and met with a variety of Northerners who had come south and who were looking for a new life in the South but had very high expectations for what that life would provide to them. We’re concerned about their safety. We’re concerned about the citizenship questions in the North, which need to be resolved, otherwise we may see a massive flood of new IDPs coming South. And as Ambassador Rice said, we continue to press for humanitarian access to assist those in need in places where access is restricted, especially South Kordofan, the Nuba Mountains, and Darfur.
So we’re very excited about the future. As of July 9th we will have a full USAID mission in Juba along with a mission in Khartoum. And we are delighted to be pursuing the vision of President Obama and Secretary of State Clinton to help this country emerge as a prosperous and free country.
Thank you.
MS. NULAND: (Off-mike.)
QUESTION: Ambassador Rice – and maybe, Ambassador Carson you can weigh in – I have a wider question that maybe we can go a bit narrow as well – about your support for this referendum and for the independence of Southern Sudan has been very public and very emphatic. And I’m wondering whether you think – where this leaves the relationship with the North? And whether the people – whether you feel there’s – the North now feels any kind of stigma because of your strong support for Southern Sudan? Even in some of the comments, I mean, that – I think the Northerners feel that – and just from some people we’ve talked to, the Northerners feel now that you’ve chosen kind of Southern Sudan over the North. And the relationship with the government now, how do you – now that they feel that they’ve fulfilled their commitments on Southern Sudan, how do you, as you say, get them to continue to fulfill their commitments on Darfur, on some of these other things while managing their expectations on things like the terrorism list and such?
AMBASSADOR RICE: Well first of all, what we have favored is faithful implementation of the Comprehensive Peace Agreement, which the two parties signed of their own volition, presumably because they determined it to be in their own – each of them in their own interest. So there’s no choosing of sides in that regard. And clearly, with the referendum having been held and the people of South Sudan stating their preferences clearly and overwhelmingly, we and others in the international community – indeed the entirety of the international community, every member state on the Security Council, every member state in the United Nations is committed to supporting and welcoming the Republic of South Sudan into the community of nations.
That said, obviously we have a vital interest in the success of peaceful and mutually beneficial relations between the government of the South and the government of the North. We want very much, as I think you’ve heard many of my colleagues say and Ambassador Carson just reiterated, to be in a position to build a more normal and more constructive relationship with the government in Khartoum. But for that to occur, as we have discussed on numerous occasions directly with them, we need to see full and final implementation of all aspects of the Comprehensive Peace Agreement, and clearly there are some important elements that remain unresolved.
We have also, from the very beginning, been very plain about the United States’ deep concern about what is transpiring in Darfur and now more recently in Southern Kordofan and Blue Nile states. Our interest, however, is seeing those issues resolved, the conflict end, political processes put in place that would meet the aspirations of the people of those regions within the country of Sudan, and that’s what we’ll work to continue to do.
We have many facets now to our relationship with the government in Khartoum. There is great potential for that relationship to deepen, but that depends on progress, as I’ve described, and progress in the roadmap that we have discussed over the course of the last many months with the government.
QUESTION: But they’re expecting – just a quick follow-up – they’re expecting now that they’ve signed this agreement, the South Sudan is an independent country, “It’s time for you to take us off the terrorism list.”
AMBASSADOR RICE: Well, in fact, the government in Khartoum knows exactly what to expect because they have heard it very precisely and directly from Ambassador Lyman and from many other senior American officials. There should be no confusion or ambiguity about expectations. We have been as plain as it’s possible to be in black and white, and we are fulfilling our side of the bargain. And as the government fulfills its commitments, as we hope it will under the CPA, we will be in a position to make the progress that we hope to make.
Johnnie, do you want to add anything to that?
ASSISTANT SECRETARY CARSON: Just – thank you. Just one brief comment, and that is to say that the long-term political and economic success of the South is dependent upon having a strong, politically stable, and economically viable partner in the North. And the long-term viability of Khartoum’s government is dependent upon having a politically stable and economically prosperous partner in the South. Both of these countries will, in fact, remain very, very dependent upon one another for a long period of time. It is in their mutual interest, it is in our mutual interest to see two stable, viable, and strong economic states next to one another, and we hope that that message also gets out.
QUESTION: A question for whoever can answer it: The Southern Sudanese have said that the biggest and best present that the United States could give them on their birthday would be lifting the sanctions, and that if they don’t do that, that their oil-based economy just simply won’t be viable. So my question is: Are you – is the United States prepared to either split off South Sudan from existing sanctions on the whole of Sudan or lift sanctions on all of them as part of your efforts to get them kind of up and running?
And a second question is: What prospects are there for extending UNMIS given that, as far as I understand, its mandate sort of ends on July 9th under the CPA? How can you get them to keep them on?
AMBASSADOR RICE: I will take the second one. Do you want to –
ASSISTANT SECRETARY CARSON: I’ll go check.
AMBASSADOR RICE: The sanctions that have been in place on Sudan – there are different sorts and different types going back to 1993. They would not bear on and be a legacy that will be the responsibility of the Republic of South Sudan. So there are technical aspects to that, but the intent of the sanctions would not be consistent with that.
QUESTION: So that’s not – just so I’m clear on that – that they will no longer be subject to those sanctions as they emerge as a new country?
AMBASSADOR RICE: I mean, there are technical steps that would need to be taken to accomplish that, but the sanctions were imposed for the behavior of a government that is not the Government of the Republic of South Sudan. So we will make accommodation for that reality.
With respect to the United Nations presence, there are multiple aspects to this. In the first instance, we – the United Nations Security Council expects to adopt a resolution as early as Friday, which will establish a new UN mission for the Republic of South Sudan. It is a mission that will have various aspects to it, from security support to protection of civilians to support for building the institutions of the state. And a substantial share of the current UN presence or force in Sudan will shift over and become part of this new mission for the South. And there will ultimately be some troops that leave, some that come in, a different-sized civilian component, et cetera.
In the North, the portion that is above the 1156 border, which includes Southern Kordofan and Blue Nile but not limited to it, there are also currently several thousand UN forces under the current mission UNMIS. The government, very regrettably – and as I mentioned in my comments, to our grave concern – has indicated that it will insist that the UN terminate its mission in the North, effective on the 9th. The United States has been using all of our diplomatic and other instruments, as have the other permanent member of the Security Council and I think indeed many members of the Security Council, to try to persuade the leadership in Khartoum that it is not in their interest that the UN be compelled to leave abruptly or prematurely while key CPA issues remain unresolved and while, in particular, there is an issue with the common border, and a particularly volatile and grave humanitarian situation in Southern Kordofan and potentially Blue Nile state.
So this is something we’re very concerned about, we’ve been focused on for quite some while. It’s not just the United States; it’s all of the leading members of the United Nations and others beyond that. And we will continue to do what we can to underscore to Khartoum that it is in their interests and the interests of the region that they not take this step. But they seem thus far to be quite determined, and this poses a great deal of worry for the security of people in Southern Kordofan for the common border, for humanitarian access, and a number of other important issues.
MODERATOR: I’m cautious of the schedule of our principals, so we have time for two more (inaudible).
QUESTION: Two quick ones. You say that it’s very obvious for the government of Khartoum what they need to do to be removed from the list of state sponsors of terrorism. But I was wondering if you could specify what exactly you expect next of them. I mean, I think they could argue that you keep changing the goalposts, and I was wondering whether you could be a little bit more specific.
And then on the conference that you mentioned for the end of September, could you tell us a little bit more about what kind of conference it is? Is it a pledging conference? Is it a brainstorming conference about how to take this further?
ASSISTANT SECRETARY CARSON: As Ambassador Rice has indicated, the United States has laid out a very clear and specific roadmap for the government of Khartoum that would lead to a clear improvement in relations and include the removal of Khartoum from the state sponsor of terrorism list. That roadmap was originally conveyed to the government of Khartoum by Senator Kerry, and it has been reiterated over the last five or six months in numerous diplomatic dialogues, initially by Ambassador Scott Gration and now by Ambassador Princeton Lyman.
Clearly, the first step that must be done is the full implementation of the Comprehensive Peace Agreement. What we will see on Saturday with the independence of South Sudan is only one element of the full implementation of that agreement. As many of you may recall, that the CPA called for a resolution of both the problems in the South as well as in Abyei. There were supposed to be, on January 9, two referenda. One took place in the South; the other one was supposed to but did not take place in Abyei. As we have all mentioned, the issue of Abyei has not been resolved. In fact, since May 19th, the situation on the ground became worse and is only now returning to the status quo ante. It is imperative that the government of the North remove all SAF troops from Abyei, live up to its commitments in an agreement made with the South on June 20th with respect to Abyei.
But beyond that, the post-referendum issues that require immediate attention and completion are issues related to oil and transitional financial arrangements. There must be a resolution of the five remaining border disagreements along the South. There must be clarity on the issue of citizenship as well.
In addition, we have indicated to the government of Khartoum that we are prepared to review and look at the removal of state sponsor of terrorism designation from that country. But we have said that any removal of Khartoum from that list must be accompanied by full implementation of Abyei and must, in fact, meet all the criteria for the removal of the state sponsor designation under existing laws.
We are working as hard as we can with the authorities in Khartoum to make progress on these issues, but we are not yet at the end of the line with respect to full implementation of the agreement. We have not moved the goal posts. The government is clearly aware based on our verbal and written transmissions to them of exactly what is required.
AMBASSADOR STEINBERG: On the conference, the Government of South Sudan asked us to hold this conference as an opportunity for them to, two and a half months into their tenure, to show the international community a variety of commitments they’re prepared to make to be good development partners and good partners for the private sector. And so they have asked for the opportunity to present their development plans, to talk about what they’re going to be doing to keep corruption under control, to talk about how they’re going to be creating a conducive environment for the private sector, and a variety of other issues.
We’ve been working with the World Bank, with the African Union, with Norway, the United Kingdom, with Turkey and a variety of others to hold that as a two-day program. The first day is going to focus on what I’ve just described. The second day will focus on the private sector, and we’re working with the Corporate Council on Africa to put together a wide variety of opportunities for foreign investors. Again, this is a unique situation. There will be resources that are available from the Government of South Sudan, so this isn’t a question of having to need tremendous inflows of outside capital, but they do need help in this regard.
The other thing I would say is that it will also be an opportunity for us in the U.S. Government to announce some deliverables, some steps that we’re prepared to take in order to encourage South Sudan. As you may know, last year we provided some $300 million worth of assistance to South Sudan in the areas of education, housing, health care, and a variety of other areas. We’ll be announcing new plans at that point.
The other aspect I wanted to highlight vis-à-vis this conference but also more broadly vis-à-vis our development efforts in South Sudan is our emphasis on gender; our insistence that the government incorporate women into not only the delegations that they’re sending to these missions but also fully integrate gender considerations into all of their development efforts. And this is something that we stress very strongly with the government.
QUESTION: Just to go back about the designation on the terrorism list, is it under review at the moment or has the review not started yet, if there could be clarification on that? And if I could ask the same question about Darfur, how important is it to see some movement on Darfur? There is some fear that the focus on South Sudan and South Kordofan and Abyei is having less focus on Darfur. So what are your expectations from the government of Khartoum on that?
AMBASSADOR RICE: We initiated the process of examining Sudan’s status under the state sponsor of terrorism designation following the referendum. But as Ambassador Carson said repeatedly, there can be no lifting of that designation unless and until Khartoum fulfills its obligations under the Comprehensive Peace Agreement, as we outlined very clearly and specifically in the U.S. roadmap that Ambassador Carson described. So that’s where we are.
With respect to Darfur, the United States has been for many years and remains deeply focused on the horrible humanitarian situation that persists in Darfur. We have been very active in every respect, most directly and consistently through the efforts of Ambassador Dane Smith to try to address and resolve not only the humanitarian but the political and security issues that remain of grave concern in Darfur. In the United Nations, we are very much focused on Darfur, on efforts to negotiate various aspects of resolution of the disagreement through Doha and other means. We have a large UN peacekeeping force on the ground in Darfur with a robust mandate to protect civilians, and we are urging that it do all it can within its capabilities to fulfill that mandate.
So by no means has Darfur been sidelined or fallen off the radar screen; quite the contrary. Unfortunately, now there are several other hot areas that require attention in parallel, but not to the exclusion of Darfur. And certainly, as we have elaborated with great specificity and in great detail, the roadmap for improved relations between the United States and the government in Khartoum, there are different stages and different elements to it, and the situation in Darfur is an important component. It is not the component that has immediate bearing on what we have been discussing, the state sponsorship designation. That’s tied to the criteria in the law, as Ambassador Carson said, as well as to performance on the CPA obligations. But there are other aspects of normalization and improvement, major aspects of normalization and improvement, that do depend on progress in Darfur.
QUESTION: Can you perhaps clarify that? Because I was under the impression – maybe it was from the last administration and maybe it’s a little bit different now.
AMBASSADOR RICE: It’s been a lot.
QUESTION: But I was just under the impression that Darfur was an issue in the terrorism list, kind of, criteria that obviously CPA was very important but that there was going to be no lifting of Sudan from the terrorism list until the situation improved in Darfur. Now, maybe it’s improved to the point where that’s not part of the criteria anymore?
AMBASSADOR RICE: I stand by what I just explained.
QUESTION: Okay.
MS. NULAND: Good. Thank you very much to our briefers. Safe travels to Juba, and thanks to all of you.
AMBASSADOR RICE: Thank you.
PRN: 2011/1134

Veils come off in Somali - Paradise for Women

By Eva Krafczyk Jul 7, 2011, 2:06 GMT

Hargeisa, Somalia - Fatimah Ibrahim has dedicated herself to women's rights in her Somali homeland. The head of a non-governmental organization in Hargeisa, capital of the breakaway republic of Somaliland, she champions better educational opportunities for girls and women and improvements in their legal status.

But not only that.

'Women also have the right to look good and be pampered a little, don't they?' Ibrahim asks with a mischievous smile.

The women's rights activist has become a businesswoman on the side by opening a beauty salon.

'Janno Dumar' ('Paradise for Women') is written on the wall enclosing the salon grounds, which are totally off limits to men. All of the employees and customers are women. This is the only way the small spa-like enclave can hold its own in the Muslim country, where foreign women must also wear a veil and headscarf in public.

Somalia does not immediately suggest itself as a spa destination. While Somaliland is by and large peaceful, Ibrahim's salon would be shut down immediately and accused of being Westernized and un-Islamic in south-west Somalia, where radical Islamic groups control the countryside. In Somaliland, too, the lives of many women are anything but intact.

'There's domestic violence but it's not reported to the police,' Ibrahim says. 'And if a married woman goes to the police after being raped, she's seen as an adulteress, not a victim, and hauled before court.'

Once the women are by themselves in the salon, the veils come off. They sip tea and coffee, nibble on sweets and giggle.

Leila, 25, flops into a comfortable, upholstered chair with her legs apart. She would never dare to sit that way in a cafe in the presence of her father or one of her brothers. But she remains wary even behind the walls of the 'Paradise for Women,' declining to give her last name or allow herself to be photographed.

'It's a good thing there's a place like this for us women,' Leila says after leafing through several fashion magazines. Although she could never wear the clothes pictured on their pages on the streets of Hargeisa, she enjoys imagining how she would look in them.

'The men have their cafes and rounds of khat,' she notes, referring to a popular narcotic plant whose leaves are chewed. 'Usually all that women can do is to get together with girlfriends in private homes. Here we've got our little domain.'

Leila's girlfriend Hamida, soon to be a bride, is shown clothes in the salon's showroom for her big day. She wants as much glitter, ruffles and candy colours as possible. Some of the necklines are quite revealing and would likely be seen only by the female wedding guests and groom.

Hamida needs to book her beauty treatment in time, too, because the wedding would be preceded by many hours of massaging, plucking, hairdressing, putting on makeup and, of course, applying henna dye.

'One has to plan on an entire day at least,' asserts Emem, a make-up artist.

Malika does not have that much time to spare. She allows herself two hours of relaxation, though, and has her hands, feet and forearms painted with intricate henna patterns. The scent of incense hangs in the air. Malika lays on a chair, eyes half-closed, while the make-up artist applies a thick paste of henna from a tube and places a fan closer for faster drying.

'No, I'm not going to a wedding or a party,' Malika says. 'Today I'm simply indulging myself. I've got enough obligations to my husband and family.'

Andris Piebalgs European Commissioner for Development Address to House of Representatives of Somaliland Visit of Commissioner in Somaliland House of Representatives of Somaliland

House of Representatives of Somaliland
Mr. Speaker,
Honourable Members of the House,
Ladies and Gentlemen,

Introduction
It is both a pleasure and an honour for me to be addressing you today. The fact that I am standing in front of an elected assembly here in Somaliland is in itself testimony to the strides you have made towards stability and democracy.

National and regional issues
For two decades now Somaliland has maintained its stability, despite considerable threats in the form of jihadist terrorism, piracy and the continuing civil war in neighbouring South-Central Somalia. Last June’s presidential elections saw the then opposition leader, President Silanyo – whom I have just had the pleasure of meeting – win by a wide margin. His predecessor, President Rayale, conceded defeat and handed over power in an orderly and peaceful manner. I applaud you for securing such a smooth transition after democratic elections. However, it is something of a first for this troubled region. As such, it must not be taken for granted.

That is why the international community – and in particular the European Union – welcomes the contribution that Somaliland is making to peace and good governance in the IGAD region. And that is why it is so important that Somaliland pursues this course as a standard-bearer for the IGAD region. To that end, we call on you to build on these successes by holding the long overdue elections to local councils and to both Houses of Parliament as soon as possible. You will further enhance Somaliland’s democratic credentials if you manage to make electoral delays and extended mandates a thing of the past. Last not least, also allow me to ask: After all that you have accomplished already, is it not the appropriate time for you to consider how to involve fundamental constituents of society, like women and young people, more closely in politics? Many of you have also advocated for this during the election campaign last year. We sincerely hope that you will pay great attention to this important question when reviewing the electoral laws.

Governance issues
As the largest contributor of development assistance, the European Union has been a steadfast partner in Somaliland’s reconstruction and development process. Since 1995 we have been the only international donor organisation with a permanent presence here. The combined volume of our ongoing assistance to Somaliland currently amounts to approximately 62 million euro.

Up to now our development assistance for Somaliland has centred on support for the public sector, police, courts, democratic institutions, electoral processes and civil society. I was pleased to learn about the recent reform conventions for the civil service, the judiciary and the police force. As the main donor in the major UN programmes assisting you in the area of governance, we strongly appreciate the clear political commitment that Somaliland has displayed here. The government’s efforts to increase domestic revenue collection and initial steps taken by the Civil Service Commission to re-assess government staff have clearly demonstrated that words can be followed by deeds.

We warmly welcome the establishment of the Anti-Corruption and Good Governance Commission and the legislation for the National Human Rights Commission. These are encouraging developments which confirm that our support to Somaliland yields the fruits we had hoped for! The abolition of the “security committees”, a stronger role for the office of the Attorney General and the commitment to increase the number of qualified professionals in the legal sector are further encouraging signs. In particular, I commend your commitment to public finance management reforms. The EU and other international donors stand ready to support you in this difficult and long-term process.
This Parliament has a crucial role to play in good governance, not only by legislating on reforms. As the elected representatives of the people, you are called on to act as pioneers and champions of good governance, integrity and democratic practice, accountable only to your conscience and to your electorate. This is particularly important in a context where under-funded public institutions are struggling to assert their authority vis-à-vis vested business interests and other powerful influences.

The prime importance of governance to any country’s development efforts is clear. For instance, to reduce poverty for good, a country needs robust and honest state institutions that are both able and willing to help poor people improve their standards of living and to provide them with public services, rights and security. Likewise, democratic processes make the state accountable to its people, encourage transparency and guard against corruption. In short, they allow for constructive relations between government and the people.
It is heartening to see that Somaliland is on the right track towards instituting a culture of good governance. However, tough economic and social challenges remain, especially the alarmingly high unemployment rate. We want to see Somaliland’s economic and social development proceed apace. Let me illustrate my point with just a few examples of areas in which the EU is assisting Somaliland on its development path.

Economic and social development examples
EU investment in your education systems forms a second major area of our support. As a result of our combined efforts, school gross enrolment has grown from 38.6 percent in 2006 to an estimated 60 percent in 2010. For girls – to whose education we attach particular importance – enrolment rates have increased from 31 to about 44 percent over the same period. In this context, your government’s decision to introduce free primary education is laudable. Although Somaliland has more than doubled its education budget, we know that free primary education remains a tough challenge from both a financial and an institutional perspective. I am glad to see that your education ministry, also supported by technical experts provided by the EU, is working hard to develop a sustainable solution for this.

Rural development and social services have formed the economic pillar of our assistance in Somaliland for almost five years. At the beginning of last year we promised to return to the infrastructure sector if Somaliland managed to hold peaceful elections. We are living up to this promise. We have recently allocated 19 million euro to rehabilitate and expand urban water infrastructure in several cities across Somaliland. I would simply add here that efficient public-private partnerships will be essential to make these investments sustainable.
While infrastructure support in the water sector is already underway, we plan to do more.

The European Union is looking into supporting the feasibility and design study for the rehabilitation of the so-called “Corridor” between the port of Berbera and the Ethiopian border. This study –to be implemented by IGAD and worth 3.8 million euro – should provide us with a final blueprint for strengthening the connection between Ethiopia’s growing markets and Berbera. This important part of the regional infrastructure is further proof that Somaliland has a role to play in facilitating economic integration and development in the Horn of Africa.

And that’s not all: we are about to conclude a review of our five-year cooperation programme for Somalia, including our cooperation with Somaliland. I anticipate that the EU will soon take a decision on a substantial increase of the ongoing support package. This would add 175 million euro to the ongoing programme of 212 million euro. We expect that up to 70 percent of this additional sum will be committed in Somaliland and Puntland, allowing us to continue and step up our efforts here.

With this in mind, I would like to emphasise today that progress towards political stability and security are crucial to obtaining further development assistance from the EU. It follows, then, that these additional development funds will be invested in regions committed to peace, democracy and stability where security and socio-political conditions are favourable.

In this regard, let me say that we were relieved to learn that the acute tensions that existed between Somaliland and Puntland a few months ago have been overcome. We are counting on your commitment to dialogue and the peaceful resolution of differences, with the well-being of your people always foremost in your minds. Cooperative relations between neighbours will benefit all. We therefore appreciate the repeated calls for dialogue and cooperation issued by members of both administrations and reiterate our hope of seeing constructive relations between you flourish.

Conclusion

Mr Speaker, Ladies and Gentlemen,

Despite the problems with which you still have to contend, I believe that the prospects for Somaliland are very good. As the people’s elected representatives, you have a key role to play in securing a bright future for all of your fellow countrymen and women. I believe in your commitment to fulfil that role. So it is pleasing to see that our funding for the recent construction of this beautiful assembly hall – along with training and other capacity-building support – has been money well spent. I trust you will consider our contribution as an encouragement to carry out the duties entrusted to you by the electorate, namely: to represent your constituents; to thoroughly and responsibly debate key issues; to legislate; and to hold the executive accountable.

I thank you for your warm reception and I look forward to pursuing our joint efforts with you to further Somaliland’s economic, social, political and democratic development.


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