GOVERNMENT OF SOUTHERN SUDAN - GOSS

MINISTRY OF REGIONAL

COOPERATION

United States Congressional Hearing on Southern Sudan:

GOSS International Relations within the Context of the Comprehensive Peace Agreement (CPA)

Organized by: The US House of International Relation

Sub-Committee on Africa

Chairman: His Excellency, Congressman Donald Payne

Venue: The Congress of the United States

Washington DC

Date: January 24^th 2007

Statement by Dr. Barnaba Marial Benjamin

Minister of Regional Cooperation

Government of South Sudan (GOSS)

Juba, Sudan.

• Your Excellencies
• Honorable members of the US Congress
• Distinguished Guests
• Dear Friends of the Southern Sudan
• My-fellow Citizens of the Sudan
• Ladies and Gentlemen

Good Afternoon!

It is indeed appropriate and especially fitting that my appearance before this Congressional Hearing this afternoon, makes it possible to remind ourselves with a quotation from our Late leader, Dr. John Garang de Mabior. This great visionary Leader said on the signing of the Comprehensive Peace Agreement; and I quote; “We have had a tortuous and difficult climb and now we have reached the apex of the mountain of Peace. What remains down the hill is flat ground and a few humps.”

Ladies and Gentlemen, the few humps down this mountain of Peace in the Sudan that Dr. John Garang alerted us to by then; are to us today, the difficulties and challenges we are encountering in the implementation of the Comprehensive Peace Agreement (CPA) since January 9^th 2005 up to now January 2007!

Indeed, my colleague the Minister of Presidential Affairs in the GOSS, Dr. Luka Biong will definitely give a statement and testify on the matter of challenges facing the GOSS with regards to the CPA implementation.

Perhaps, before I proceed with my statement/testimony that I am allowed to convey to Your Excellencies as well to the Government and the people of the United States of America, ‘The New Year’s Greetings and Best Wishes’ from our President, General Salva Kiir Mayardit. In fact, he sends you the best of seasonal greetings in his capacity as a gentleman that wears three hats! He is the First Vice president of the Republic of the Sudan, equally the president of the Government of Southern Sudan (GOSS) and also the Chairman of the Sudan Peoples Liberation Movement (SPLM) and Commander in Chief of the SPLA. The Sudan Peoples Liberation Movement SPLM is the Partner with NCP (National Congress Party) in the implementation of the CPA.

Your Excellencies, my appearance before you coincides with the Launching of our Liaison office here in Washington DC. This office will specifically handle matters that are the concern of the Government of South Sudan (GoSS). It is tasked with the responsibilities to promote bilateral and multilateral Development Cooperation Agreements. Secondly, this launching is taking pace on the second anniversary of the signing of the CPA. This is a great milestone in enhancing cooperation between the GoSS and the US government. It equally emphasizes our commitment in the implementation of the CPA.

It is therefore necessary to inform ourselves of the mandate that empowers the GoSS to create the Ministry of Regional Cooperation (MRC) and thus establish Liaison offices across the globe. In this regard, I’ve a quotation form the Interim Constitution of Southern Sudan 2005; Chapter one article 46;

“The government of Southern Sudan (GOSS) shall establish, develop and maintain good relations and cooperation with foreign governments, foreign Non-governmental Organizations and associations for mutual advantage in trade, investment, culture, sports, education, credit, loans, grants, technical assistance and other field of development cooperation.”

Therefore, this constitutional mandate reflects the contents of the Comprehensive Peace Agreement (CPA), and requires the Government of Southern Sudan (GOSS) to implement the responsibilities as indicated in article 46 of the Interim Constitution of Southern Sudan.

Distinguished Guests, we must realize that the CPA has brought to a dignified end decades of bloodshed in our Country. This war has killed two and half million innocent people and another four million displaced as IDPs in addition to half a million as refugees in exile. This in comparison to the disaster of Darfur of nearly five hundred thousand people killed and nearly two million as internally displaced and over one hundred thousand people in exile as refugees in the neighboring Chad. At present, Darfur has attracted both the international political attention as well as most humanitarian assistance intended for the support of the CPA in Southern Sudan. That we understand, but the CPA must equally be kept in focus, Mr. Chairman.

Indeed, it is clear to all of us that the CPA was brought about with the involvement of the IGAD Countries, the IGAD Partners Forum (IPF) and the International Community at large. There is no doubt, Mr. Chairman that the United States Government together with some members of the Senate and US Congress including the people of the United States have played a significant and strategic role in bringing about the successful signing of the Comprehensive Peace Agreement (CPA) on the 9^th of January 2005. It is no exaggeration to say that the CPA is a success story and one of the finest US Conflict resolutions that the United States government is applauded for in the whole continent of Africa and the rest of the world. I’m sure, the former secretary of States, Mr. Collins Powell did participated and signed on behalf of the US government.

We in the government of Southern Sudan and particularly the SPLM are mandated by the nature of the of the Comprehensive Peace Agreement to continue to engage with the International Community and that requires the GOSS to remain active through international relations and cooperation, so as to focus the international community to its responsibilities in seeing that the CPA is implemented in spirit and letter.

We are all aware of the good will of the United States government in seeing that the CPA is successfully implemented. We have seen the previous contributions by the former President Clinton administration, the good efforts of former President Carter, and the former President Bush Senior at the time of his Vice-Presidency during President Reagan Administration. This is not to forget the role of the US Senate and congress plus the tremendous contributions from the civil societies including the churches in the United States. The positive contribution of all those I have mentioned above, tells you that the United States government had done enormous contribution to bring about the CPA and the ended the hostilities signified by a long and bloody North-South disastrous conflict.

The CPA created an opportunity for the SPLM to enhance the transformation of the Sudan with the help of the International Community. This gave the great hope of a New Sudan that must be built on a free, just, democratic and secular system of good governance with multi-partism and popular participation of all our people. This was in acknowledgement of the reality of Sudan’s ethnic, religious, linguistic, cultural variety. It raises the possibility of a secular, non-racial, modern, democratic and free country that must work to eliminate all forms of discrimination, slavery, human rights, abuses, international terrorism, religious intolerance and Islamic extremism.

The CPA gives hope to the people of Southern Sudan that it will bring about development and improve the lives and living standards of all the people. The people of Southern Sudan within the context of the CPA are guaranteed the exercise of the right to self-determination, and that means choosing between a united Sudan or to opt for an independent statehood in the year 2011, through an internationally supervised referendum. Thus making the choice of either options a voluntary exercise guided by the free will of our people.

Mr. Chairman, can we really say now, with confidence that the post CXPA Sudan has been adequately prepared for either of the options in 2011? In case the South votes for unity, will they have been prepared for it by then? The second political scenario, if at all the South votes for an independent statehood; are we sure that enough assistance and preparation has been done to that effect? We need to have answers for these questions because they are the basis of permanent peace in the Sudan. The answers will be influenced in how much the NCP is committed to make unity attractive during the transition period up to 2011.

These are issues the GOSS and the people of Southern Sudan must discuss transparently in broad daylight both with US government and the International Community at large. The NCP must be truly committed to the CPA implementation. We’re aware that Northern politicians have broken so many promises in respect to the right of Southern Sudanese so many times before.

Yes, the CPA is a difficult road map that is a hard journey to travel. It is the tough that get going! Can the GOSS on its own be tough enough without the help and engagement of the US government and International Community? We must all bring back the CPA to be alive once again. Yes both the leadership of the SPLM and the NCP must share responsibilities for governance in order to confront difficult decisions based on compromises, reconciliation and forgiveness.

The CPA has offered “One country, two systems” Within the context of North-South paradigm in transition until 2011 when the referendum will decide. It looks like a political hermaphrodite that will go for surgery in 2011, and Heaven knows, one must be wondering what sex it will be after surgery; Male or Female! May be it is a gender issue, I presume.

The CPA in transition is clear and it is a detailed fine text of a good peace agreement that took a long time to negotiate. The history of peace talks goes back since the formation of SPLM/SPLA by adopting a principle position to seek a peaceful resolution to the conflict through dialogue and negotiations with any government of the day that claimed legitimacy in Khartoum.

We have had many peace initiatives since 1985 and ending with CPA in January 2005 in Naivasha, Kenya. It was indeed a difficult road to walk.

The CPA is equally the beacon of hope for all the marginalized people of the Sudan. The peripheries are all struggling against the domination and marginalization from the center in Khartoum. It is an incredible and valuable hope for peace in Nuba Mountains, Southern Blue Nile and Abyei.

Mr. Chairman, the CPA is definitely the trump card for bringing peace in DarFur and particularly it is seen to being fully implemented in Southern Sudan. This means the United States and the International Community must remain focus, robust, determined and vigorous in remaining engaged in the CPA. There is no doubt that His Excellency the President W. George Bush did a lot to bring peace to the people of the Sudan. The people of the Sudan are very thankful for his help in ending the killings and the suffering of many people in the Sudan.

Today, we are seeing the disastrous conflict in Darfur; we are reminded everyday in the media about humanitarian disaster, ethnic cleansing, genocide, human rights abuses, and violence against women including the violent behavior of the “Jan-Ja-Weed” against the innocent people of DarFur.

We have seen the difficulties of converting the AU forces in DarFur into hybrid force into a UN force of Blue Helmets that must also have the mandate of saving lives in DarFur by having a peace keeping as well as peace enforcement capability. All this can be successful with the participation of the GNU as a true and willing partner! It is clear that the NCP is not willing to comply with the UN requirements.

Mr. Chairman, peace can come to DarFur, Eastern Sudan and the rest of Sudan if only the CPA is fully implemented with focused engagement of the US government and the International Community. This needs to be done in order to bring a change in the Sudan.

Yes, the US government is helping, but must do more at present since they contributed greatly to bring about the CPA and thus bringing to a dignified end the decades of blood shed and hostilities in the Sudan. We must act to end the NCP deliberate slow and selective implementation of the CPA.

The US government can help to see that Abyei Protocol is implemented and the Abyei Border Commission (ABC) expert report respected as indicated in the CPA. CPA directs that the report would be final and binding. The recommendations of the Assessment and Evaluation Commission (AEC) must be endorsed by the Presidency on consensus basis as stipulated by the CPA. Most of the recommendations by the (AEC) on contentious issues have been largely ignored by the NCP extremist elements.

The National Petroleum Commission (NCP) must be encouraged to be transparent with oil contracts and the sharing of oil revenues. The North-South border of 1956 to be speedily determined and thus facilitating the deployment of Sudan Armed Forces (SAF) of the North of the border and SPLA force to the South of the border. This will identify the proper location of oil wells in the South, thus guaranteeing the true 50% share for the GOSS.

Both the presidency and the GNU must reflect the true spirit of partnership between the NCP and the SPLM. The lack of consensus decision making on some of the issues has ended up with differences on matters of important national and foreign policy concerns within the GNU and the Presidency. As a result of this, the SPLM and the GOSS support UN troops deployment in DarFur, while the NCP opposes the UN deployment and GNU remains divided on the issue according to the party-line.

There is a need to speed up support for the SPLM to help its transformation from a Liberation Movement into a political party. In fact, this will make SPLM competitive and thus help transform Sudan into a secular, multi-party, democratic country. In addition, building on freedom, justice, and good governance, popular participation, thus creating a nation of tolerance, human rights, reconciliation, forgiveness, and development. This will help make unity attractive. It is the endorsement o the principle of “Unity in diversity”, recognition of a plural Sudan intolerance.

The CPA implementation will help to establish the rule of law resulting in the development of true democratic institutions that are accountable to the people of the Sudan. At present, despite the partnership, the NCP is the majority partner that has the Presidency of the country and majority in parliament and the Council of Ministers in Khartoum thus dominating key government posts.

There is no doubt that the NCP control Power and the National Wealth. The NCP is entrenched in prosperity and enrichment. The SPLM must be supported and strengthened in order to contain the political dominance of the NCP during the elections of 2009. The SPLM requires a level field to become competitive In order to bring a democratic transformation in the Sudan.

There should be a serious and genuine commitment to assist the SPLA in its transformation from a rebel force to a modern national army. After all, the CPA recognizes the SPLA as a national army that will help to guarantee the CPA as well as protecting the sovereignty of the Sudan.

The assumption that helping to make PLA a true military is to encourage it to go to war, war with who? In fact, the SPLA can help in fighting international terrorism. The SPLA can be a true ally of those engaged in the counter-terrorism campaigns. Incidentally, it can be deterrent to war mongers in our country. In addition, a strong SPLA will eliminate the militia groups that are rendering havoc in Southern Sudan today. A capable SPLA military can contain the threats posed by the Lord Resistance Army (LRA) in the East African region and thus help bring peace in Uganda and the region.

The GNU must be urged to have a single military doctrine for Joint Integrated Unites (JIU) as well as provide these troops with the same armaments and trainings. This is supposed to be the future army of the New Sudan in case unity becomes an option. The NCP is reluctant in this area.

The deployment of SAF out of the Greater Upper Nile Region has not been substantial. This explains the recent incident of military confrontations in Malakal resulting in lost of more than 130 innocent civilians. The Sudan Armed Forces (SAF) must be urged to disarm about 1930 forces of other armed groups allies to SAF. These militia-groups are wrecking havoc in many parts of Southern Sudan and are the main cause of instability. The incidences around Juba are a case in point.

Incidentally, there have been many violations on the SAF side as shown in the Hamesh Koreib incident in Eastern Sudan on January 11^th 2006. Father more, the Abyei incident on March 2006 in which 11 lives were lost were too orchestrated by SAF. All these, in addition to transportation of ammunitions to militia-groups aligned to the SAF are a frequent occurrence.

There is a need for non-lethal Support for the SPAL. However, more is needed to be done in this area. This will guarantee the sustainability of the CPA this enhancing its implementation. More is needed to be done in infrastructure support, training of officers, NCO’s and men and women at various levels of the SPLA. An effective SPLA as a true military force in the Sudan will help keep peace. Much support is also needed in communication equipments especially military mobile communications and transport facilities. The transformation of the SPLA into a modern military is a strong guarantee for CPA implementation.

Indeed, the SPLM needs to be assisted and empowered to participate effectively in good governance at all levels of its responsibilities. The SPLM must be completive at the national level as a robust political party that can confidently and effectively govern the South. In addition, the OSS needs to be assisted in the financing of its commission; for instance, the Human Rights Commission, Anti-corruptions Commission, Auditor General Commission, and so many other established commissions including the support for the Southern Sudan Legislative Assembly (SSLA) as well as the justice system. These are important democratic institutions that are the pillars of a free society and that can help to contain corruption and enhance stability.

Mr. Chairman, these are the true institutions to uphold democracy and this will help to enhance the democratic transformation in the Sudan. It’s important Mr. Chairman to help the Sudanese Diaspora here in United States to come home and assist us in promoting development. Most of thee well trained Southern Sudanese are bogged down due to commitments towards paying student loans and house mortgages. If the US government can help sending these intellectuals to Southern Sudan, their contributions will enhance the capacity of our civil service. It is possible to make a programme towards this direction.

In deed, it would not be an exaggeration to mention that there are some areas of progress in the CPA implementation. Initially, in 2005, both the national Liberation Council (NLC) of the SPLM and the National Assembly in Khartoum did approve the acceptance of the CPA. The Interim National Constitution (INC) and the Interim Constitution of Southern Sudan have been establishing.

The governments of National Unity (GNU) and the GOSS have been formed including the government for the other 26 states. Most of the constitutions for the state governments have been approved by the Federal Judiciary except the constitutions of ten Southern Sudan states. The National Assemblies in Khartoum, Juba and in all the states are all carrying out their duties of legislation. The Council of States has equally been established. All states governments have been formed except the administration for the Abyei area. The National Constitutional Review Commission, although established and meant to ensure the creation of various commissions that are necessary to complement the CPA, had been dormant and ineffective.

The special commission for the protection of the rights of non-Muslims in the national capital Khartoum has not delivered as expected. This was to train the police and make them culturally sensitive to Christian and non- Muslims. The President rejected outright of Abyei Boundary Commission, a report which was supposed to be “final and binding” on both parties the NCP and the SPLM. Al though the Joint National Transitional Team (JNIT) has been established to follow the Donors Assistance form the pledges made in Oslo’s conference to meet the needs estimate in the (MDTF) of about 500 million dollars and which is already committed to project nearly half of the 4.9 billion dollars ledged at Oslo has been diverted to DarFur by the Joint Assessment Mission (JAM) has been inadequate except some funds deposited DarFur for humanitarian needs. There is need to urge those who pledged to fulfill their commitments to pay up and help development in Southern Sudan.

The National Petroleum Commission has not reflected the transparency of the il revenue sharing and has failed to provide the details and documents related to oil contracts for review.

The special provisions for the non-Muslims in the National Capital in Khartoum have not been implemented as reflected in the CPA.

The Assessment and Evaluation Commission (AEC) on which United States is represented has produced no tangible results on issues like the borders between the North and South. This has made it difficult to adequately carry out the deployment of both SAF and the SPLA. Also it becomes difficult to identify the real location of oil fields for Southern Sudan and thus cannot define the actual share of oil revues of 50% for the GOSS.

The Ceasefire Political Commission (CPC) together with ceasefire Joint Military Commission (CJMC) despite the presence of observers of IGAD and IPF, have seen many violations and the culprits have not been punished nor shamed publicly. The Fiscal and Financial Allocation and Monitoring Commission have not yet started its functions and that is two years since the CPA was signed.

The Judicial Service Commission has been formed as well as the constitutional court. Still some of the laws remain unchanged. The Board of the Central Bank directors have been appointed. And the Governor of the Bank of South Sudan (BOSS) also appointed. The new currency to replace the Sudanese Dinar now stated being issued in Southern Sudan. Also, the Political and Information Coordination Committee has been formed between the NCP and the SPLM in order to review political problems in responding implementation of the CPA. Many meetings have been held and no results achieved in this area.

Both the Joint Integration Unite (JIU) and Joint Defense Board (JDB) have been established. However, the lack of one military Doctrine with no unified armament and training of both SPLA/SAF units of JIU has posed lot of difficulties. They have not completed being integrated as one unit as stipulated in the CPA.

Both the National Council for De-mining and the National Council for Demobilizations Disarmament and Rehabilitation are performing with lot of difficulties lack of proper funding. This has delayed road constructions and agricultural programmes.

The National Population Census Council has been formed for both GOSS and GNU. The National Constitutional Review Commission (NCRC) has been formed and has been passed. The political parties ACT, Civil Service Commission Act and the Human Rights Commission ACT have been passed. Unfortunately, until today, the National Security service has not been reviewed to be relevant and in accordance with the interim National Constitution. This requires parliamentary and judicial oversights and accountability with rule of law and respect for the citizens’ human rights as a priority to be guaranteed.

There are still delays on the National Land Commission as well as the Human right Commission. Incidentally, no major effort towards the enhancement of the repatriation of refugees and the internal displaced persons. IDP

Little has been done in information campaign for the CPA and not much in the progress of social healing. However, despite the discussions on the political partnership between the NCP and the SPLM, there is yet little progress made to resolve all the contentious issues.

The present structures formed are:

• Joint annual meetings for the leadership bureau of both NCP and SPLM
• Joint Leadership Coordinating Committee (JLCC) that meets quarterly.
• Follow-up of political committee that meets monthly.

Mr. Chairman, I have so far enumerated all the intricate problems with regard to the difficulties of the implementation of the CPA. I have equally identified the important role that the International Community and particularly the United States government can play. The CPA has come about due to the great efforts exerted by his Excellency, President George W. Bush and to see that peace comes to southern Sudan. We are extremely thankful to the president’s effort and the positive contributions of the congress, US government and the nation as the whole. The CPA is a baby brought to life by the combined efforts of the Sudanese negotiators together with the International Community and with a substantial contribution form the United States government. Your Excellency, the difficulties above prove beyond reasonable doubt that there are deliberate and significant delays and shortcomings in the implementation of the CPA. There is no doubt that the NCP must be held accountable in this slow implementation of the CPA.

It is therefore important that the GOSS must engage both the US government and the International Community to focus and monitor the implementation of this great peace agreement. The CPA implementation is critical in bringing peace to DarFur and the Sudan at large.

It’s for these reasons that the GOSS must be active in its conduct of international relations to keep reminding the friends as well s the enemies of the CPA. In this regard, the GOSS through the ministry of Regional Cooperation and its Liaison offices will assist in this noble exercises and responsibility. IT is the responsibility of both the GOSS and United States government to keep the CPA alive by having the USA government continuously engages in monitoring the implementation action of the agreement.

The SPLA needs to be assisted to make it a strong military that can always be a deterrent against the enemies and spoilers of the CPA. A strong SPLA can be of great use in the counter terrorism campaigns in the region of North East Africa. We’re aware of events in Somalia and Sudan due the impact of the Islamic extremism. In addition, Carlos the Jakal and Osma binLadin were at one time, hosted as VIP guests in Khartoum by the NIF in the midst 1990s.

A strong SPLA will be capable to contain the destructive activities of organizations like the Lord Resistance Army (LRA). The SPLA can equally contain the de-stabilization by extremist elements in our neighborhood and the region at large.

This means, making the SPLA a string military is the surest way of maintaining peace and avoiding war. The SPLM on the other hand, equally needs to be strengthened and capable to be competitive with the NCP. This will indeed help to transform Sudan into a secular democratic, multi-party non-racial county that is built in freedom, religious tolerance, human rights, and elimination of all forms of discriminations, slavery, violence against women or abuse of children.

In deed, making Sudan a true sovereign and legitimate country which is a state vested in the free will of its people. At least helping Sudan gain international acceptability, thus becoming a member in the family of civilized nations is much needed.

Mr. Chairman, we are asking your Excellencies to assist the GOSS including the SPLM and the SPLA in order to enhance these great principles that your country, the United States of America is built upon. This makes us true allies in freedom, dignity and justice. The CPA is the only vehicle for the protection of human rights and free world cannot allow it to be vulnerable, eroded and manipulated to its destruction and thus imminent return to war. The SPLM needs to be assisted to be competitive, the PLA transformed into a strong military and a strong economy. This is what the GOSS needs in order to bring about a democratic transformation of the country.

It is definitely clear that some few NCP extremist are undermining the implementation of the CPA and thus raising questions regarding the sincerity and the commitment of the National Congress Party in the Government of National Unity (GNU). The GOSS and the SPLM are committed to the true implementation of the CPA of “one country, two systems.” This is building New Sudan on the “principle of Unity in Diversity.” The CPA implementation will help make unity an attractive option and through the free will of the people of Southern Sudan and through the right of self-determination will cat their vote voluntarily during the internationally supervised referendum in 2011.

A democratic free choice for unity or independence statehood should be on voluntary basis. A forced unity is counter productive and that what has caused us in the Sudan 50 years of blood shed and devastating destructive and brutal war that cost two and halve million lives and another four million displace internally and over half a million as refugees. It is equally imperative that the people of Nuba Mountains and Southern Blue Nile will equally make their choice by popular consultation of what their future will be. Equally, the people of Abyei will decide through a referendum whether to be a part of the South or Prefer to Join the North. Mr. Chairman, these are agreed positions in the CPA and must be honored by all the parties to the agreement. We are asking your assistance to 62.see that the US government should remain fully engaged to see that CPA is implemented.

Finally, Hon. Members of Congress of the House of International Relations Sub-Committee on Africa, Your Excellency Chairman of the Committee, Congressman Donald Payne, it is a great honor for me and my colleague Dr. Luka Biong to bring to you and your committee the sincere greetings and congratulations from the President of GOSS General Salva Kiir Mayardit, the people of Sudan and Southern Sudan in particular. We are extremely thankful to you for inviting the Government of Southern Sudan for this hearing, thus making the issue of South Sudan as a strategic matter of your agenda. We sincerely thank you Sir for your great love and concern for our people. In confidence, we are asking for your assistance for the people of Southern Sudan and the marginalized of our country. May God Bless you.

Thank you.

Dr. Barnaba Marial Benjamin

Minister for Regional Cooperation

Government of Southern Sudan, (GOSS)

Juba, Sudan.