---------- Forwarded message ----------
From: John Ashworth <[email protected]>
Date: Mon, Sep 26, 2011 at 12:53 PM
Subject: [sudan-john-ashworth] Fwd: Stopping the Spread of Sudan’s New Civil War
To: Group <[email protected]>


INTERNATIONAL CRISIS GROUP - CONFLICT RISK ALERT

Conflict Risk Alert: Stopping the Spread of Sudan's New Civil War

Nairobi/Brussels, 26 September 2011: Civil war is spreading in Sudan,
and concerted international action is needed to stem the violence and
prevent it from engulfing the entire country and the wider region.

Khartoum’s most recent military offensive -- this time in Blue Nile
state -- adds to fresh fighting between government and opposition
forces in Southern Kordofan and recent hostilities in Abyei. With
hundreds of thousands of people displaced, at least 20,000 of whom
have fled into Ethiopia from Blue Nile in recent days, the growing war
on multiple fronts poses serious dangers for the country, for its
future relationship with the Republic of South Sudan and for the
stability of the region as a whole.

The recently renewed conflict in these three areas is rooted in
unimplemented provisions of the 2005 Comprehensive Peace Agreement
(CPA) between Khartoum’s ruling National Congress Party (NCP) and the
Sudan People’s Liberation Movement (SPLM), which ended a
two-decade-long north-south civil war in Sudan that cost millions of
lives. Those lagging issues include the failed democratic
transformation of Sudan, stymied popular consultations, and the
unresolved status of the Sudan People’s Liberation Army (SPLA) forces
indigenous to the North.

After the end of the CPA, rather than negotiate with Sudanese
opposition forces, NCP hardliners have opted for a military solution
-- not an unusual policy response for the regime when confronted with
opposition. This, however, is pushing Sudan’s disparate rebel
movements and opposition forces together and could trigger a wider
civil war for control of the country.

The CPA

The CPA was intended to lay the foundation for a new reality in Sudan,
end chronic conflict and make continued unity attractive. It was
premised on three major principles: fairer distribution of power and
wealth between the centre and the peripheries, democratic
transformation and the right of southern Sudanese to determine their
own future. The CPA also granted the people of the states of Southern
Kordofan and Blue Nile to conduct popular consultations to rectify the
document’s shortcomings on their areas and to redefine their
relationship with Khartoum.

General elections were scheduled half way through the six-year interim
period (ie, by 2008), so as to widen participation in governance. In
the period after the elections, the new representative government was
to build on those foundations in order to consolidate reconciliation,
start the popular consultations, continue review of constitutional
arrangements and establish conditions that would affirm the rights of
all the people of Sudan and encourage Southerners to choose continued
unity of their own free will.

This never happened. The NCP and SPLM failed to hold elections as
scheduled and manipulated them when they were eventually conducted,
two years late in April 2010, so as to ensure majorities in their
regions. Consequently, they wasted the period that had been intended
to consolidate peace and unity, and the democratic transformation
agenda was dropped.

The situation became volatile in Southern Kordofan and Blue Nile,
where many sided with the South during the civil war, but which
remained in the North after Southern secession.  The promised popular
consultations were repeatedly delayed, and even when they started in
Blue Nile state on September 2010, SPLM supporters and leadership lost
confidence that their demand, namely the right to self-rule, would be
met by Khartoum. The situation deteriorated further when Ahmed Haroun,
a man indicted by the International Criminal Court (ICC) for war
crimes and crimes against humanity in Darfur, was re-elected governor
of Southern Kordofan in July 2011, in elections the SPLM-North
candidate, Abdel Azzizal-Hilu (also Deputy Chair of the SPL M-N and
former Deputy-Governor of Southern Kordofan), claims were manipulated.

Lacking real political power, the leaders of the SPLM-North were
reluctant to relinquish their military forces, the former 9th and 10th
SPLA divisions composed of troops from Southern Kordofan and Blue
Nile, despite the CPA requirement that these units be demobilised or
redeployed to south of the 1956 North-South border. With the CPA
coming to conclusion after the South seceded, and failing popular
consultations, they asked instead that a new security arrangement be
negotiated that would allow for a more gradual integration of their
forces into the Sudan Armed Forces (SAF).

The NCP, weakened by the impending separation of the South, refused
any further political accommodation, and Khartoum opted to remove its
opponents militarily. This began with the SAF invasion of Abyei in May
2011, followed quickly by the attempt to take control of Southern
Kordofan in June, and now Blue Nile state.

Internal Sudanese Dynamics

The loss of South Sudan has had a profound effect on the NCP, and
senior generals led a soft-coup within the party. They have outflanked
more pragmatic elements in the NCP who seek a negotiated strategy.
Encouraging progress in the post-separation arrangements between North
and South was blocked. More importantly, hardliners in Khartoum --
including SAF generals -- immediately rejected a 28 June framework
agreement, which includes a political and a security agreement for
Southern Kordofan and Blue Nile, facilitated by former South African
President Thabo Mbeki and Prime Minister Meles Zenawi of Ethiopia, and
signed by Dr. Nafie Ali Nafie, Co-deputy NCP chairman and a
presidential adviser. A few days later, President Omar al-B ashir
publicly disavowed the agreement.

After conflict broke out in the Blue Nile on 1 September, Khartoum
formally banned the SPLM-N, arrested a number of prominent opposition
leaders and declared a state of emergency in Blue Nile state and
replaced its governor, Malik Agar.

Now, the rebel forces are openly attempting to unify and pursue a
policy of regime change. On 8 August 2011, Abdel Azziz al-Hilu met
with the leaders of the Darfur rebel movements who rejected the Doha
peace process in Kouda (an SPLM-N controlled area in Southern
Kordofan), and afterwards, they announced a new alliance with a common
objective: to change the regime in Khartoum by the use of force and
popular uprising. Two thousand armed men linked to the Democratic
Unionist Party and led by Al-Tom Hago joined this alliance. The Beja
Congress of East Sudan likewise issued a statement vowing to rejoin
the military opposition.

In an effort to defuse the situation, Ethiopian Prime Minister Zenawi
met with Malik Agar and Al-Hilu in Addis Ababa on 21 August, and on
the same day, he took Malik to Khartoum to negotiate a way out of the
danger. However, President Bashir responded by saying his govern  m
ent was unwilling to engage in further external negotiations and would
not commit to the rejected framework. The door for direct SPLM-NCP
talks was closed.

On 8 September, the SPLM-N officially split from the SPLM, formed a
new leadership structure under Agar and vowed to continue war against
Khartoum. On 16 September, the SPLM-N submitted a “road map for
political transformation” to Zenawi to discuss with Bashir. It lists
six conditions to be met by the government before the SPLM-N would
accept a cessation of hostilities, including reinstituting Governor
Malik Agar, allowing humanitarian access to affected people and
agreeing to international investigations into crimes committed in both
Southern Kordofan and Blue Nile. If Khartoum agrees to its proposals,
the SPLM-N would want a mediator to negotiate the road map. Since
Zenawi’s 17 September trip to Khartoum, there has been2 0no reaction
from the NCP. Hundreds of thousands are now displaced, fighting has
intensified in both states, and the rainy season ends in three weeks,
foreshadowing increased conflict.

The Risk of Conflict Contagion

There is a real possibility of a new era of protracted civil war in
Sudan if key international actors are not able to contain it. Fighting
could quickly expand both within Sudan and spill over into South
Sudan. To the resurgence of war in Southern Kordofan and Blue Nile
will likely be added an escalation in Darfur, especially now that the
leader of the Justice and Equality Movement (JEM) has returned from
Libya and rejoined forces in Darfur.

In addition, both Sudan and South Sudan have intensified rhetoric that
each country is supporting its rival’s insurgents. The government of
Sudan claims that the military action by the SPLM-N is a grand plan to
topple the regime in Khartoum, an agenda supported by external
elements including the government of South Sudan. Juba claims the war
is a northern affair and accuses Khartoum of supporting South Sudan
rebellions.

The situation will escalate if the international community is delayed
or disjointed in its response.

Unfortunately, the NCP no longer trusts the key interlocutors who
engaged previously, such as the United States, United Kingdom, Norway,
the Intergovernmental Authority on Development (IGAD), and the
European Union. Khartoum suspects them of indirectly encouraging
regime change, including by calling for additional investigations into
crimes committed in Southern Kordofan, complicating if not derailing
the Darfur Political Process (a key process towards settlement of the
Darfur problem after the Doha agreement), and refusing to invoke
Article 16 of the Rome Statute for the deferral of the ICC cases
against Bashir and others. Khartoum is also sceptical of the U.S.
offer to normalise relations. After Southern secession these
perceptions hav e deepened.

It is becoming apparent that the only acceptable interlocutors are the
African Union High-Level Implementation (AUHIP) team supported by the
regional actors and the United Nations envoy, Haile Menkerios, as well
as key partners such as China and other major investors.

Two Sudans: The Need for a New Approach

The CPA period is over, and there is no coherent political framework
to deal with the many remaining challenges in Sudan. Unfortunately,
international attention focused on safeguarding South Sudan’s
referendum and independence, and largely underestimated the impact of
secession on the North.

New thinking is required to take into account a Khartoum regime now in
the hands of SAF generals, a unifying opposition that seeks regime
change, and an international community that seems to be losing the
ability to engage coherently on Sudan’s problems. Continuing with the
current ad hoc approach to negotiations and short-term arrangements to
manage crises will not address the underlying causes of conflict. The
various issues -- North-South negotiations, Abyei, Darfur Peace
Process, and Southern Kordofan and Blue Nile -- are interrelated and
efforts should be made to ensure coherence in resolving them.

What is urgently needed is a new approach -- supported by the key
external actors, including friends of Khartoum -- to deal with the
internal crisis in the North and the conclusion of post-CPA agreements
between the North and South. The AU and UN should continue to support
North-South talks, and both parties should be brought back to focus on
the key agreements that must be reached, most immediate being economic
arrangements.

Meanwhile, the international community should unite behind a single
approach to begin addressing internal Sudan crises. A sustainable
solution to these must focus on a cessation of hostilities and an
inclusive national dialogue consisting of renegotiating the
relationship between the centre and peripheries, and agreement on
decentralisation and a redistribution of power leading to a new
constitution, on the basis of which a referendum and new elections
should be held.

A negotiated settlement of disputes is in the interest of all parties.
Neither the SAF nor the SPLM-N can achieve an outright military
victory. Bashir and SAF generals must be made to understand that the
current military strategy of using tribal militias, ethnic cleansing
and allowing insurgencies to fester, only increases the risk of
fragmentation and prolongs international interference. Likewise, the
newly aligned opposition will face similar military challenges; the
NCP regime is weakened but not powerless, and an alliance of the
disparate opposition groups is unsustainable in the long-term.
Widespread instability in North Sudan would not only exact a great
toll on the Sudanese people but jeopardise the future of South Sudan.
20The parties should be helped by their international partners to
recognise the imperative of a non-military solution.

Immediate Steps

To begin implementing the approach outlined above, mediation efforts
must be streamlined, and key actors must agree on a common
international strategy on Sudan. The AUHIP is facilitating the
post-secession negotiations between Sudan and South Sudan (with
support from the UN and US special envoys). These efforts should
continue, but new leadership and the involvement of friends of Sudan
are needed to convince the parties to step back from war and engage in
a genuine national dialogue and key reforms.  The AU, UN and Ethiopia
can be helpful, but are unlikely to deliver a comprehensive process
without active engagement by others, including efforts by some key
actors to re-engage the regime in Khartoum. The following steps co uld
help build much needed consensus on the way forward:

1.        Define a new strategy: The AU, UN and Ethiopia should
develop a strategy in line with the new approach articulated above: an
immediate cessation of hostilities in the three disputed areas, and
commitment by the parties to hold an inclusive national dialogue
leading to decentralisation, a new constitution and free and fair
elections. The AU, UN and Ethiopia should work to build support
amongst international partners and friends of Sudan on the new way
forward. This will require renewed engagement from key actors.

2.        Streamline the mediation: The roles of the AUHIP, the UN
envoy and regional efforts under Prime Minister Zenawi should be
clearly defined and the processes streamlined. The mediation efforts
should have clear objectives and define a set of benchmarks to
underpin resolution of the conflicts and a genuine transition to an
inclusive government.

3.        Achieve consensus: Convening of an international conference
under the auspices of the AU to build consensus on a new international
strategy for Sudan. The conference should comprise a group of people
representing all different blocs with a stake in Sudan and should
include the AU, IGAD, Organisation of the Islamic Cooperation (OIC),
and the following countries: Egypt, Qatar, Kingdom of Saudi Arabia,
Kuwait, UAE, Turkey, China, India, Malaysia, India, Brazil, South
Africa, Ethiopia, as well as the EU, UN and members of the troika (US,
UK and Norway).

Now is the time for Sudan’s key external actors to speak in a single
voice in support of a political strategy that comprehensively deals
with Sudan’s spreading conflicts and that is underpinned by a clear
set of principles on genuine political transformation rather than the
current fire fighting approach.

President Bashir will undoubtedly resist any further external efforts
to pursue a more peaceful outcome for Sudan, but given the increasing
fragility of the regime, not least its growing economic weakness, he
may be persuaded to engage with a coordinated international approach.
International actors must come out with a strong voice to support a
national agenda for a transition to an inclusive government. In the
absence of a national political framework, and without clear
international consensus to encourage and support a national peace
process, the conflict in Sudan may spiral out control and engulf the
region.

END
______________________
John Ashworth

Sudan Advisor

[email protected]

+254 725 926 297 (Kenya mobile)
+249 919 695 362 (Sudan mobile)
+27 82 853 3556 (South Africa mobile)
+44 750 304 1790 (UK/international)
+88 216 4334 0735 (Thuraya satphone)

PO Box 52002 - 00200, Nairobi, Kenya

This is a personal e-mail address and the contents do not necessarily
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