March 11, 2004

 

House Committee on International Relations, Subcommittee on Africa

 

 

 

Mr. Chair and distinguished members of the committee.

 

The timing of this hearing could not be more auspicious¯the question posed

 

in its title could not be more urgent. For there can be no mistaking that

 

this is Sudan's moment of historical truth.If a just and comprehensive

 

peace agreement is not reached in the very near term at talks in Naivasha

 

(Kenya), it will not be reached at all.

 

The main outstanding issue of Abyei¯one of three contested areas along the

 

historic north/south border¯is little more than a diplomatic place-holder

 

for Khartoum's National Islamic Front regime in these historic peace talks,

 

a device for stalling negotiations. This is hardly surprising, since such

 

stalling  continues a pattern of diplomatic evasion, foot-dragging, and bad

 

faith that goes back many years¯certainly over the past decade of efforts

 

by the East African Intergovernmental Authority for Development to

 

negotiate an end to the Sudan's catastrophic civil war.

 

Khartoum knows full well that all historical and moral equities dictate

 

that the Ngok Dinka district of Abyei should be part of the south.  Yet the

 

regime refuses to acknowledge these realities, preferring instead to use

 

the issue of Abyei as a means of retarding further progress on a

 

comprehensive peace agreement.  For Khartoum also knows the critical

 

significance of Abyei to the southern cause, and the impossibly unjust

 

nature of an agreement that simply abandons Abyei to northern Sudan.

 

But why is Khartoum remaining so intransigent?  Why with a peace agreement

 

so clearly within reach is the regime failing to take the last steps?

 

For an answer we must look to Darfur, in far western Sudan, where the

 

Regime is presently conducting a vast military campaign directed primarily

 

Against civilians among the African tribal groups of the region¯the Fur,

 

Zaghawa,Massaleit, and others.  War in Darfur has escalated rapidly over

 

the last year,and especially the last four months.  Militarily, Khartoum

 

has been badly surprised and only now feels that it is making progress. The

 

present pursuit of a military solution has come even as the regime has

 

repeatedly refused to entertain the possibility of a negotiated political

 

settlement to what are finally longstanding political problems, and has

 

refused meaningful international auspices for the negotiation of a

 

humanitarian cease-fire.

 

Believing that the international community will not respond with

 

Appropriate force or urgency to the catastrophe in Darfur so long as an

 

agreement in Naivasha can be made to seem "imminent," Khartoum now hopes to

 

resolve the crisis in Darfur militarily prior to any final peace agreement

 

with the Sudan People's Liberation Movement/Army. Tragically, the

 

international community has given Khartoum all too much reason to believe

 

That the costs of an intrasigent pursuit of military victory in Darfur

 

Will not be excessive. This is so despite reports from many UN officials,

 

human rights organizations,and journalists¯reports clearly suggesting that

 

what is occurring in Darfur is genocide, that the military actions of

 

Khartoum and its Arab militia allies (the “janjawid”) amount to the

 

destruction of these various African peoples because

 

of who they are¯"as such," to borrow the key phrase from the 1948 UN

 

Convention on the Prevention and Punishment of the Crime of Genocide. 

 

The current phrase of choice among diplomats and UN officials is "ethnic

 

cleansing"; but given the nature and scale of human destruction, and the

 

Clear racism animating attacks systematically directed against civilians

 

from the African tribal groups, the appropriate term is genocide.  Amnesty

 

International has recently reported authoritatively on this ghastly

 

Reality. Among the many chillingly similar interviews from persons

 

displaced from Darfur into Chad, we hear:

 

"A refugee farmer from the village of Kishkish reported * the words used by

 

the militia: 'You are Black and you are opponents. You are our slaves, the

 

Dar Fur region is in our hands and you are our herders.'"(Amnesty

 

International Report, page 28)

 

"A civilian from Jafal confirmed [he was] told by the Janjawid: 'You are

 

opponents to the regime, we must crush you. As you are Black, you are like

 

slaves.  Then all the Darfur region will be in our hands.  The government

 

Is on  our side.  The government plane is on our side to give us ammunition

 

and food.'"

 

(Amnesty International Report, page 28)

 

There is a terrible prescience in comments made by an African tribal leader

 

to a UN news service several months ago:

 

"'I believe this is an elimination of the black race,' one tribal leader

 

told IRIN" (UN Integrated Regional Information Networks, al-Geneina

 

[Darfur], December 11, 2003)

 

It is in this context that I would remind the subcommittee of a key finding

 

from Section 2 of the Sudan Peace Act, passed virtually unanimously by both

 

houses of Congress:

 

"The acts of the Government of Sudan*constitute genocide as defined by the

 

UN  Convention on the Prevention and Punishment of the Crime of Genocide

 

(78 U.N.T.S 277)" (Sudan Peace Act, Section 2. Findings. Number 10. October

 

2002)

 

The Sudan Peace Act was of course signed into law several months before the

 

conflict in Darfur began to accelerate into the massive human catastrophe

 

that is now all too fully in view.  But this only makes it more urgent that

 

we face the disturbing reality before us: the Khartoum regime, one of the

 

negotiating parties in the Naivasha peace talks, has already been condemned

for genocide in southern Sudan, the Nuba Mountains, and Southern Blue

 

Nile¯and now it stands clearly guilty of the same monstrous crime in

 

Darfur.  We must assess, soberly and realistically, the value of a

 

signature from a regime guilty of such unspeakable crimes

 

We must also remember that Khartoum's actions in interfering with

 

humanitarian access to Darfur, actions that have been castigated by many

 

International humanitarian organizations¯most recently the International

 

Committee of the Red Cross¯contravene obligations spelled out in the Sudan

 

Peace Act.  The Act requires the President to certify that "the Government

 

of Sudan*has not unreasonably interfered with humanitarian efforts"

 

(Section 6 [b]). Under present circumstances in Darfur, such certification

 

cannot possibly be made in good faith.

 

To be sure a formal peace agreement may well be right around the corner, if

 

Khartoum finds it expedient to reach such agreement.  But even if we have a

 

signing ceremony tomorrow, we will still be far from seeing that such an

 

agreement is translated into a just and sustainable peace.  Khartoum's

 

brutality and cynicism should make clear to all that the urgent planning

 

And deployment of an international peace support mission is far behind

 

schedule.  Indeed, to date such planning seems to have been undertaken

 

without a clear understanding of how much will be required¯logistically,

 

materially, organizationally, and perhaps militarily.

 

Nor has the international community begun to respond to the urgent

 

task of funding the redeployment and demobilizing of Khartoum's military

 

Forces in southern Sudan¯a critical task if the terms of the breakthrough

 

agreement on security arrangements (September 25, 2003) are to be realized

 

in timely fashion.

 

On another critical front, there is no meaningful US funding commitment to

 

provide transitional aid following an agreement. The State Department

 

committed to a "large peace dividend" for Sudan following a peace

 

agreement; these critical resources were promised in testimony by then-

 

Assistant Secretary of State for African Affairs Walter Kansteiner on May

 

13, 2003, in a hearing very much like this one.  So far, the promise has

 

proved thoroughly empty. 

 

There is nothing that begins to approach an adequate US commitment to the

 

urgently needed resources for emergency transitional aid in southern Sudan

 

following a peace agreement.  Reliable estimates suggest, for example, that

 

as many as 1 million internally displaced persons will be attempting to

 

return to the war-ravaged south in the first six months following a peace

 

agreement.The consequences of such massive migration may well be

 

catastrophic, perhaps violent, and may even serve as a pretext for resumed

 

war, especially in the oil regions of Western Upper Nile.  Additional

 

resources are also needed for further efforts at encouraging south/ south

 

dialogue and in providing incentives for armed militias of Upper Nile

 

to own the peace.

 

We must recognize that there is yet another major obstacle to a sustainable

 

peace.  It is the same obstacle that has heretofore made securing peace so

 

difficult: the assertion, direct and implicit, that there is somehow a

 

“ moral equivalence" between the southern opposition in the form of the

 

Sudan People's Liberation Movement/Army and the Khartoum regime of the

 

National Islamic Front,both in conduct of war and in diplomatic commitment

 

To peace. Let us be decisively clear here: there is no equivalence. Yet

 

repeated suggestions to the contrary appeared in last April's woefully

 

inadequate State Department certification per the terms of the Sudan Peace

 

Act.Troublingly,even the most recent State Department interim report on the

 

Peace process (February 2004) suggests a continuation of this intellectual,

 

finally moral failure in assessing events.  Though the SPLA has been guilty

 

of serious human rights abuses, including the diversion of food aid for

military use and forced conscription, there is nothing that compares with

 

the relentless, brutal, finally genocidal conduct of war by Khartoum

 

Whether there is peace or war, an agreement in Naivasha or not, US policy

 

simply must not be guided by a premise of moral equivalence.  For only one

 

party in Sudan's conflict has deliberately, relentlessly bombed civilian

 

and humanitarian targets in southern Sudan and other parts of Sudan for

 

many Many years party has deliberately, repeatedly, and precipitously

 

denied humanitarian access to many hundreds of thousand of civilians, with

      

many tens of thousands of attendant casualties; only one party has

 

conducted massive scorched-earth warfare in the oil regions of Upper Nile;

 

only one party has deployed as a barbaric weapon of of war the enslavement

 

of human beings. 

 

We must keep all this in mind if talks at Naivasha fail.  For failure will

 

surely have derived from Khartoum's intransigence¯from the deliberate

 

collapse of the peace process by means of a contrived and wholly

 

unjustified assertion of control over the Ngok Dinka district of

 

Abyei.Here, by way of explanation, we may speculate about

 

political divisions within the National Islamic Front, greed

 

for Abyei's oil reserves, or pressures coming from the Misseriya tribal

 

leaders in the larger Abyei area¯but we will know in any event where

 

responsibility for failure lies and we must respond accordingly.  The first

 

opportunity for such response will come in April, with the next reporting

 

requirement stipulated by the Sudan Peace Act.  There must be no assertion

 

of equivalent responsibility for the collapse of the Naivasha talks, should

 

this occur.  For such equivalence is, in the minds of the National Islamic

 

Front regime, the necessary diplomatic victory.

 

Further, if there should be a final peace agreement, it is critically

 

victory that the immense tasks of construction/reconstruction and

 

peacekeeping in the south and the contested areas be shouldered

 

immediately.  They are daunting in the extreme, and the danger of renewed

 

fighting will be present for years. Here again we must not succumb to the

 

fiction of moral equivalence: for it is the south that has endured

 

catastrophic human destruction and suffering over the south that has

 

endured war, indeed over the past half century of Sudanese independence

 

and central rule in Khartoum.  This has been overwhelmingly the

 

Responsibility of successive governments in Khartoum¯and none bears greater

 

responsibility the present National Islamic Front regime.  US policy toward

 

and assistance to Sudan should be informed by this fundamental asymmetry in

 

Responsibility for human suffering and destruction.

 

To this end, current US sanctions against the Government of Sudan should be

 

lifted gradually, and should be tied to clearly articulated benchmarks¯in

 

the implementing of a peace agreement, in expediting military

 

redeployments, in disarming allied militia, and in upholding provisions for

 

Revenue-and power-sharing.  Thorough scrutiny of Khartoum's long record of

 

supporting terrorism should continue even if there is a decision later this

 

spring to remove the regime from the State Department list of supporters of

 

International terrorism.  And finally, members of the Khartoum's National

 

Islamic Front regime must be held accountable for their actions over these

 

many years. 

 

For history obliges us to keep clearly in mind the character of this

 

regime largely unchanged since it came to power by military coup in 1989

 

and  deliberately aborted a nascent peace process.  Khartoum has been

 

deeply complicit in international terrorism, indeed hosted Osama bin Laden

 

during the formative years for al-Qaeda, and continued to provide very

 

substantial support to al-Qaeda years after bin Laden left Khartoum in

 

1996.  The regime is guilty of genocide, as the Sudan Peace Act has

 

 unambiguously found. 

 

 

The regime is now, every day, lying repeatedly, egregiously, shamelessly

 

about the realities of Darfur, about the nature of the military conflict,

 

and about the extremity of the humanitarian crisis.

 

This is so even as Khartoum's cynical assurances are fully confounded

 

by reports from Doctors Without Borders, Amnesty International, a wide

 

range of UN officials, Roger Winter of USAID, a recent European Union

 

assessment mission, and all too many horrific accounts from within Darfur

 

and along the Chad-Sudan border.

 

I believe that this latter crisis must be considered immediately, urgently,

 

and outside the context of negotiations at Naivasha.  For we may be all too

 

certain that without an international willingness to begin the most urgent

 

Preparations for humanitarian intervention in Darfur, we will be forced to

 

witness helplessly a disastrous increase in what Doctors Without

 

Borders/Medecins Sans Frontieres recently described (February 17, 2004

 

press release) as "catastrophic mortality rates" in Darfur.

 

Khartoum's ongoing, cynically cruel willingness to lie about so much human

 

suffering and destruction should remind us how difficult it will be to make

 

anything meaningful of the regime's signature on an agreement in

 

Naivasha.If a comprehensive agreement is indeed "around the corner," we

 

must fully accept that this marks only a beginning in the real job of

 

building a just and sustainable peace.

 

Eric Reeves

Smith College

Northampton, MA  01063

 

413-585-3326

413-585-3339 (fax)

[email protected]