PORTFOLIO COMMITTEE ON FOREIGN AFFAIRS

 

 

 

Draft Report: International Study Tour Report: Sudan

 

1.                   Background

 

The Portfolio Committee on Foreign Affairs resolved to undertake a Study tour to The Sudan on the 16th- 27 November 2006.  The Committee decided on the visit to empower itself in order to understand the current position of The Sudan mainly because South Africa had been appointed the Chairperson of the Post-conflict in The Sudan reconstruction by the African Union.

 

Sudanese mandate is critical to bringing about peace and stability, which is one of the key Foreign Policy pillars of South Africa in its quest to build and create a better Africa in the world. It was therefore important that South Africa engaged the Sudanese, Government and other stakeholders such as the civil organisations, political organisations and the Country’s Academics. It was the Committee’s considered opinion therefore that for peace in the Southern Sudan to succeed, it will depend on, among other things, South Africa’s ability to build peace in Darfur.

 

2.         Objectives of the visit:

 

·         Assessing the deteriorating humanitarian situation in The Sudan

·         Evaluating and observing the extent to which peace agreements have been implemented in Sudan

·         Developing practical methodology in order to efficiently carry out the mandate South Africa is charged with.

·         Exchanging experiences with the Sudanese Parliamentarians in an attempt to attain peace in the horn of Africa.

·         Understanding and monitoring the conditions under which the South African contingent operate as deployed in Darfur

 

3.         Composition of the multiparty delegation:

1.       Ms SP Rwexana, Leader of Delegation (ANC)

2.       Mr MU Kalako                                          (ANC)

3.       Dr M Sefularo                                           (ANC)

4.       Mrs S Seaton                                           (IFP)

5.       Dr M Van Dyk                                           (DA)

6.       Mr Madikiza                                              (UDM)

7.       MS B Cabangana                                     (Committee Secretary)

 

N.B Mr S Tshivhula, Deputy Director of the Department of Foreign Affairs, dealing with the Horn of Africa and Sudan specifically joined the delegation.

 

4.         Structure of the Report

The report will attempt to outline the activities undertaken by the delegation pertaining to the objectives of the visit with various presentations made by various stakeholders, site visits, formal interactions and experiences identified by the Committee during the visit.  Findings will cover all regions visited namely:

 

  • Khartoum
  • Darfur
  • El Fasher
  • Juba

 

5.         Meeting with the various stakeholders

The Committee met and interacted with the following stakeholders:

 

A. Khartoum

  • Speaker of the Sudan National Assembly
  • Parliamentary Committee on Foreign Affairs and Defence
  • Leaders of political parties in the National Assembly
  • Minister of Foreign Affairs
  • African Mission in Sudan
  • Leader of the Sudan Peoples Liberation Movement
  • Leader of the Umma Party
  • Leader of the Communist Party
  • Leader of the Popular National Congress
  • Chairperson of the Assessment & Evaluation Commission

 

B. Darfur

Deputy Head of Mission

Force Commander

Wali of the North Darfur

Internally Displaced Persons

United Nations Aid Agencies

Signatories & the Non-signatories of the Comprehensive Peace Agreement

South African Military/Civil Police Personnel

 

C. Juba

  • Government of the Southern Sudan
  • Undersecretary of the Ministry of Regional Co-operation
  • Minister of Parliamentary Affairs

D. Kenya

 

  • Parliamentary Committee of Foreign Affairs and Defence

 

6.  Findings

 

6.1 Khartoum

 

 6.1.1 Government

 

(a) Speaker of the Sudan National Assembly – Honourable Ahmed Ebrahim Al-Tahier

·         The Comprehensive Peace agreement was signed on 09 January 2005

·         Sudan had 570 ethnic groups and a 100 different spoken languages

·         In addition there was great diversity of cultures and religion

·         Sudan enjoyed 50 years of independence since 1956

·         Khartoum National Assembly was a transitional parliament

·         70 women representation totalling up to 16% members of parliament and some of which were leaders in their own right.

·         It was envisaged that Elections would be held in 2008/09

·         One of the major questions to be resolved was whether or not the country should be split into autonomous states or should remain a unitary Sudan.

·         Much of the territories outside Khartoum have been historically neglected, causing   backwardness and lack of infrastructural development in most areas.

 

(b) Minister of Foreign Affairs- Dr Lam Akol

  • Peace agreement was a solid basis towards the resolution of the conflict in Darfur
  • A few organisations remained outside of the agreement, refusing to sign
  • The non-signatories included the National Redemption Front, supported by Eritrea and Chad.
  • The Government of Sudan (GoS) was open to discuss the causes for the conflict with the idea to move forward
  • An important priority is the facilitation of humanitarian relief.
  • Position of the Sudanese government was accepting an African commander
  • Commissions became some of the structures to be established in sought of the solution
  • Intergovernmental Authority Unit found it difficult to monitor the structures
  • Issue of compensation were complicated
  • Government put aside 30 million rand, which the non-signatories is not enough. They proposed 300 million

 

© Parliamentary Committee on Foreign Affairs and Defence

·         The Committee was impressed with the assistance from South Africa in establishing peace initiatives under hostile circumstances in Sudan

·         Very happy to have South Africans coming to see what was happening than getting false perceptions from the media. 

·         Always delighted to have well-wishers who would back up Sudan.

·         The media did not reflect reality in its reporting. Sudan maintained the position not to allow the UN to tell Sudan what to be done.

·         UN forces were not necessarily doing any good on the countries where they were currently     deployed

 

(d) African Mission in Sudan

·         The memorandum of understanding had been prepared and was due to be sent shortly

·         African Mission in Sudan (AMIS) continued to experience logistical challenges such as lack of funds.

·         Logistical and personnel support were also an issue (more battalions were awaited)

·         Africans should not only rely on the assistance of the European Union (EU), but should        organise to support their own initiatives.

·         Some of the causes of the conflict involved clashes between the Government of Sudan and non-signatories in Darfur

·         Performance of the African Union could not be duplicated by the deployed troops in other countries

·         There was an appeal to South Africa (SA) to add 100 more troops to get the full strength battalion.

·         Another issue was the problem with the main donors, the EU and the United States of America (USA), reducing the funding of the African Union (AU) mission

·         The general feeling of the opposition parties was that the implementation of the Commissions as well as the way they were being handled was not satisfactory

 

(e) The Umma Party-Mr Sadig Al Mahdi

  • Mr Al Mahdi indicated that the coup d’etat that took place in 1989 changed the political landscape which then resulted into a political polarisation
  • The UmmaParty rejected the Comprehensive Peace Agreement (CPA) mainly because it excluded other citizens of the country.
  • The CPA was more of a problem than a solution
  • The Darfur Peace Agreement (DPA) has also been an unsuccessful agreement which like the CPA was just wishful thinking
  • Part of the solution depends on the ceasefire, protection of civilians, bringing in the UN forces, reduction of the trans-border conflict and bringing an end to violation of the human rights

 

(f) The Sudan Peoples Liberation Movement/Army

  • According to the Sudanese People’s Liberation Movement/Army (SPLM/A), the cause of the conflict was as a result of the marginalisation of the Sudanese and the introduction of the Janjaweed by the Government of Sudan
  • SPLM/A was in favour of the United Nations because AMIS had failed to contain the situation in Darfur.
  • Particularly, the fact that the humanitarian situation continued to deteriorate unabated testified to that extent
  • SPLM/A welcomed South Africa‘s involvement in the resolution of he Darfur crisis.

 

(g) The Communist Party - Mr Ali Suliman Hamid Elhaj

The following were 5 challenges outlined as challenges to the CPA

·                     The CPA

·                     The Abuja Accord

·                     Cairo Accord

·                     East Sudan Peace Agreement

·                     Deteriorating Economic Situation

 

(h) The Democratic Unionists Party-Mr Ali Hassanain V

·                     Total peace has not yet been achieved in Darfur

·                Darfur remains a place of death and blood, meaning that the humanitarian situation has deteriorated

·                     Government must be held accountable for the happenings in Darfur

·                     Efforts should continue to resolve the in Darfur.

·                     The Democratic Unionists are hopeful that time will come when good experiences of Darfur are exchanged

 

(i) The Popular National Congress- Dr Turabi

·                     The Popular National Congress Party has always canvassed for peace and stability in Sudan

·                     It has differed with the decentralization of the Sudan

·                     Dr Turabi aired that the party had no conflicting resolutions with the governing party in The Sudan

·                He acknowledged that part of the conflict resulted from religious motivations and   differences.

·                     The Party believed that the CPA was not a coordinated and consistent peace process

·                     The established Commissions were not significant to the process.

·                     The feeling of the party was that Interests of the entire nation were not taken into consideration

 

(j) Chairperson of the Assessment & Evaluation Commission- (AEC) - Mr Tom Vraalsen

·                     Mr Vraalsen communicated that there were unrealistic terms towards the implementation the CPA

·                     He added that he was however happy about some of the positive activities that have taken place including the establishment of the Commissions

·                     Oil remained the key issue in and around Sudan, and there was hope to generate revenue from it

·                     The understanding expressed by the AEC was that should the CPA collapse, everything else would collapse.

·                     The AEC was in communication with other political parties that were not necessarily involved in the CPA

·                     The AEC was in no position to force the implementation of the CPA

 

(k) Briefing by the Ambassador, His Excellency Mampane

 

 The Honourable Ambassador briefed the delegation on the following areas:

 

                                           I.      Understanding on the CPA

 

The CPA was signed on the 9th January 2005

 

·         Boundaries demarcating regions (Commission submitted a report)

  • No agreement could be reached about the report
  • Would be administered at a later stager to make a decision
  • Reaching a political agreement/settlement
  • If the CPA remains unresolved, more hiccups could emanate
  • Time frames remain to be a challenge and as such a need to speed up the process

 

                                         II.      National Elections 2008

 

Electoral commission to enact legislation regulating elections that would be considered credible. A need to meet deadlines as the years unfolds.

 

                                        III.      Commissions established in terms of the CPA

In total, there are about nine commissions. They are like the task teams that were created under the Interim Executive Authority during the SA Negotiations at CODESA. Among the commissions, the following are important

  • Assessment Evaluation Commission (EAC)- evaluating progress made by the other commissions to implement the CPA
  • National Petroleum Commission
  • Ceasefire Commission in place but vary in terms of success achieved up to this point.
  • National Financial Commission
  • Judicial Service Commission
  • Bank of Sudan
  • Human Rights Commission (Not yet established)
  • South-North Border Commission
  • Civil society Commission (Not yet established)
  • Land Commission  (Not yet established)
  • Ad-hoc Border Commission

 

                                      IV.      Darfur Peace Agreement

 

  • Pressure on the African union to sign the agreement after enormous pressure by the US
  • Challenge. No process of the implementation of the DPA
  • Non-signatories formed the National Redemption Front fighting the DPA, which then explained the ongoing conflict in Darfur
  • The groups are splitting up further and as such there is an ongoing trend of groups emerging and breaking up.
  • As long as there is conflict in the North, the South would never get to develop.
  • This has influenced the motives of the conflict.
  • Sudan is on a serious campaign to allow the UN to remain the monitoring body

 

                                        V.      Reasons for the ongoing conflict in Darfur

 

§         Intergovernmental Authority on Development (IGAD) does not continue to have an effective role to play in as far as evaluation is concerned.

  • There was not much done to ensure that consistency allows for an ongoing role and a mechanism to fall back on.
  • Another challenge has been less communication between the big bodies and the countries concerned.
  • National Congress Party objects to the deployment of the UN forces
  • SLM and other parties support the deployment of the UN forces because that would take care of the lives of the people who continue to die as a result of the conflict.
  • Cross border involvement in the conflict
  • Government forces destabilized the community and enhance destruction in Darfur
  • There is a planned Darfur-Darfur Dialogue, which has not taken place yet. There is still hope that it will take place.

 

                                      VI.      Impact on the neighbouring countries

 

  • Chad has been drawn into conflict, with mutual accusation between the GoS and the Chadian government that the one is sponsoring anti-government rebels
  • On the Eastern front, Eritrea has also harboured Sudanese rebels

 

 

 

 

6.2 Darfur

 

(l) Meeting with the Acting Deputy Head of Mission- Ambassador. Hassan Gibril

 

                           I.      Background

The situation in Darfur has the following main groupings involved in armed conflict

·         Signatories to the DPA

·         Non-signatories

·         Rebels

·         Janjaweed (Arab and Islamisists forces, including nomads, who are believed to be armed by the GoS)

    

Fragmentation of the parties has led to the following

·         Since the 11 of November fighting has escalated.

·         Increased banditry activities- patrols have been increased to monitor targeted areas

·         Increased attacks on civilians, causing internal displacement of mainly women and children

·         Most if not all of their properties and livelihood are destroyed during the attacks

·         There is occurrence of systematic rape of women as an act of aggression

 

                        II.      Achievements by AMIS

 Significantly reduced massed killings

 Instilled confidence on the people

 

                        III.      Challenges

·         Under 5500 Troops in an Operational Area of 50,0000 Square kilometres

·         Significant areas left without coverage- e.g. Sector 6- covered by SA

·         Inadequate troops to implement tasks

·         Deployment timelines were not adhered to

·         New sectoral structure proposed to ensure security in Darfur

·         There is a need to take strength of the troops to a total of 5936

·         Government of Sudan patrol vehicles are the same with those provided by the AMIS - rebels cannot tell the difference

 

(m) Meeting with the Wali (Governor) of El Fasher-

 

The Wali briefed the Committee on the following areas:           

 

               I.      On Darfur

·         Darfur is a wide spread centre of crisis. Everything stems from the crisis

·         Media transfers issues to other causes which might not be factual

·         Reality reflects that there is no stability at all in Darfur

·         Humanitarian situation is deteriorating as indicated by the media, but we maintain that, there has been a considerable progress.

·         Main crisis reported on the researched report: Hijacking cars

·         In 2004, crisis declined

·         2006, before signing the agreement in Abuja, 430 crimes were reported

·         In 2005 the total no. of crimes has declined up to 560 (?)

·         Percentage of improvement over the past 9 months

         

             II.      On the Internally Displaced Persons  (IDPs)

·         5 major IDP camps with the total of 300600

·         All the IDPs deliver in regular areas

·         Anything that disputes these statistics is not correct

·         The affected people receive 80% of assistance (water and other services)

·         United Nations Children’s Fund (UNICEF) report details that there is some assistance to the affected families which then shows some improvement

·         UNICEF/UN agencies are assisting the government.

·         IDPs even have sporting teams

·         IDP and children have access to good water, education and food which are all free

 

            III.      On the DPA

 

The disagreements affecting the citizens- position of Darfur

 

·         The Wali believes that there needs to be an end to the situation by bringing forth all the parties related to the Darfur problem including the International communities such as the UN.

·         He supports the DPA but it does not solve most problems

·         He was encouraging the international community to take part in signing and coming to the DPA

·         There were hopes to discuss the matter of the authorization of the deployment of the        troops

·         There should be compensation for IDPs as mentioned in the DPA

·         GoS has increased its contribution from $30m to $100m and are calling for

·         an increase in the funds provided to the IDPs

·         Darfur should be a united region, not divided into three states as is the case at present

 

 

(n) Meeting with the South African Sector Commander (Sector 6, Kutum)- Col R G Lourens

 

               I.      Background

  • Troops deployed in 2004 as the South African National Contingent in Darfur comprising of 50 members of the SA National Defence Force members (Fourth Contingent)
  • No fatalities experienced by the South African troops, compared to those of other countries
  • The main mission is to provide protection to the civilians of Darfur
  • Present situation is very hostile rebel leaders feel betrayed by their leaders
  • AU Mission has been extended until December 2006
  • Further UN/AU would be taken further to the DPA.
  • The AU deployed AMIS to Darfur in good faith to achieve a daunting task-We must not fail
  • Approval granted to increase the force levels to 556 members
  • Deteriorating humanitarian situation
  • Ambush and attacks on AMIS and humanitarian personnel
  • SA troops delivered 7 new born babies to the local community
  • Some of the rebels seek refuge within the IDPs to seek refuge and humanitarian assistance
  • Division of Darfur, the Northern part to rich people
  • Failure to have meetings with the AU in 5 months has kept the process to stabilize Darfur slow

 

6.3. Kutum

 

(a) Visit to the IDPS

  • Properties belonging to 24000 people were burnt down
  • No patrolling at night
  • Rape cases reported and no protection of women/victims
  • Movement within the areas is restricted

 

NB 450 additional IDPs arrived two nights before the visit by the delegation

 

(b) Meeting with the NGOs

  • Representatives of some of the Non Governmental Organisations (NGOs) alluded to the fact that circumstances deteriorated with the inception of the CPA

·         They added that some areas have been neglected because of the scope of the assistance offered by the NGOs

  • Logistical and financial support from the donors declined dramatically and this has impacted on the extent to which assistance could be offered

 

© AMIS mandate

  • The AMIS is mandated to contribute to the improvement of the security situation in Darfur and the return of refugees and IDPs to their homes
  • Far behind the timelines for the implementation of the DPA
  • Actions of non-signatories to the DPA are not accounted for
  • Janjaweed cannot be followed up

 

(d) Threats against the AMIS –

AMIS faces challenges in the following areas:

  • Against the force
  • Against the signatories
  • Against the security

 

(e) Meeting with the Non-Signatories to the DPA namely, the Sudanese Liberation

 

[Army - SLA - and Justice and Equality Movement – JEM (Members of the Ceasefire Committee in attendance)]

 

               I.      Background

  • Members of the Justice and Equality Movement acknowledged South Africa’s role in ensuring peace in Darfur
  • They added that war has had a devastating impact on the ordinary people of Darfur
  • Solution should be found around the table not with the arms
  • They did not sign because they don’t want peace, but differed with the manner in which peace is sought
  • While the main agreement was for humanitarian purpose, the situation has worsened than before
  • They decided to go into negotiations on the elements of Abuja
  • Certain elements needed to achieve peace on the Abuja agreement
  • Possibility of extending the views if there are contacts with the delegation
  • Verified that the purpose is to achieve peace in every possible way

 

             II.      On the Darfur Peace Agreement

Their reasons for not signing are as follows:

  • Regional disputes
  • Govt should compensate the families whose houses have been destroyed
  • Disarm the Janjaweed to enable people to return home safely
  • Sharing of power and resources
  • Already about 10 thousand deployed Janjaweed troops across Darfur
  • The JEM would like more career positions within the Government and civil service
  • Ensuring that the DPA is realistic and addresses the concerns affecting the people
  • Public participation and justice

 

            III.      On the AU

  • Regular meetings should take place with the AU and these have not taken place and this is not right because concerns of the JEM and interests are not taken into consideration
  • There are crucial things that the AU does not know about which are happening on the field. These could be communicated through meetings that the AU is not committing to.
  • Lack of communication between the AU and the JEM
  • The JEM Waited to hear from the AU to respond to the letter that the JEM had written indicating their wish to meet the AU
  • No one from the AU ever showed interest in negotiating with the JEM
  • Two committees between JME and the SLM to convene meeting dealing with the conflict-resolution
  • No meetings with the AU have been convened

 

 

(f) Meeting with the Signatories of the DPA- the SLA, Free Will Movement and the

         GoS

 

              I.      The SLA (Free Will Movement) on the DPA

  • The signatories of the DPA indicated that all the parties wish to further the interests of the agreement
  • They are not aware why other parties did not sign, never been told the reasons
  • There should be a time-table of the activities of the agreement
  • It is not clear who is following the principles of the agreement
  • Signatories and monitors agreed in Abuja that parties that have not signed should be fined. Those fines have not been administered
  • The Free Will Movement have experienced co-operation from the Government
  • The Movement has complied wit the principles of the agreement to ensure peace in Darfur
  • Up to this time, still concerned with the programme of power sharing in Darfur
  • Wish to call upon the international community to ask the non-signatories to play along (sign)
  • There is a misunderstanding between Sudan and Chad and this impacts of the stability of the country
  • Everyone who commits crime should be punished
  • There is a need for the politicians in Sudan/ Khartoum to carry on with the peace agreements

 

            II.      On the Janjaweed - The position of the GoS

 

·               Government of Sudan is responsible for disarming the Janjaweeed

·               A plan has been established to attend to the conflict and a copy has been sent through to   various parties who would make valuable contribution towards it

·               Media is not doing a great job in the country.

·               Allegations have not been proved

·               Not happy with the mandate of the AU.

·               Africans should start doing their own business and not rely on the assistance of the European union

 

          III.      On the role played by the AU

 

  • The SLA has always been asking for more troops,
  • It is not clear why the troops have not been assisted with everything that they have requested to play a more effective role
  • Donors should assist the AU when required, however the problem is for Africans and should be solved by the Africans.

 

6.4 Juba- Southern Sudan

 

(a) Meeting with the Undersecretary of the Ministry of Regional Co-operation- Dr Cirino

      Hiteng Ofuho

 

  • Highlighted the issue of insufficient space to carry on with the parliamentary business.
  • But commented that there has been some progress since 20 years ago when meetings and official business was done under the trees

 

 

(b) Meeting with the Minister of the Parliamentary Affairs: HE Gabriel Changson Chang

 

              I.      On the CPA

      CPA provisions are

·         Government of National Unity (GNU) adopted a federal government comprising of all political parties

·         Some parties chose not to take part in the process

·         CPA –interim constitution was legislated, enacted and is now in operation

·         Legislature has two parts- National Assembly and the Council of States

·         CPA talks about power sharing between the North and the South

·         The National Congress Party as the major party, has 52%

·         South- SPLM has 28%

·         Other political parties of the south have 14%

·          SPLM leaders have been appointed to key branches- the cabinet

·         The President comes from the NCP while the Vice President is from SPLM

·         National Assembly- total of 120 members

            II.      Power-sharing ratios with in the South Sudan

·         SPLM has 70%, NCP - 15% and other parties have 15% according to the CPA

·         This is a transitional arrangement for peace to prevail in The Sudan

·         Interim constitution for The Sudan was passed (governing the activities of the Southern Sudan)

·         The CPA endorsed an arrangement that already existed within the states (separate constitution)

·         Office holders of these institutions are appointed based on consultation with political parties

·         SPLM is represented across the board because of the portion it enjoys. This means that not all political parties are represented

·         NC has 26 members and other 6 political parties share the remaining seats

 

          III.      Wealth sharing

 

  • CPA outlines what resources to be shared between the government of the South and that of the National Unity
  • Nett Oil Revenue is to be split between the two governments
  • Deductions include the share that goes to the investing parties as well as running cost including transportation, pipeline and incidental costs
  • 2 % deducted to the oil producing state
  • Remaining balance is split into half (50/50)
  • CPA also clarified the taxes to be collected at the levels of the GoS, GNU and the state
  • Government of the Southern Sudan relies specifically on the oil revenue which is very vulnerable because of the various changes going on

 

          IV.      Security arrangement

  • There should be established a Joint integrated Unit force made up of 39 thousand troops that are split into 24 thousand stations in the South
  • SPLA 12 thousand plus
  • Khartoum has 10000 split into two
  • Running the security affairs in Sudan
  • SPLA forces should not be in the designated areas

 

            V.      Challenges within the CPA

 

  • There is a delay in withdrawal of forces by the GoS
  • North-South boundary is yet to be determined
  • The number of armed forces that would contribute to the joint integrated unit
  • This arrangement did not go as planned
  • Some forces have not joined any of the forces agreed upon in the CPA
  • Movement of the South forces towards the North,
  • The demarcation of the boundaries and the oil fields has an impact on progressing with the census in preparation of the elections
  • Capacitating the ministers, members of parliament and civil servants to enable them to understand and deal with the affairs of governance and service delivery

·         Resources are not available in the country

·         Central forces aligned to the GoS are ambushing transport that comes to South for assistance and close roads to the central South in an attempt to prevent development of the South

·         Population can never be less than 10 million.

 

          VI.      Threats to the CPA

  • Lack of service delivery
  • Border demarcation
  • Elections

·         Strongly upholding the provisions of the CPA because it is this agreement that will carry through the Sudanese during the interim phase

 

© Meeting with the Speaker of the Southern Sudan Legislative Assembly Lt-Hon. Lt. Gen. Wani Igga

  • The speaker expressed his sincere gratitude relating to the visit of members of the South African parliament.
  • Highlighted the role played by South Africa in bringing the present peace in The Sudan
  • He indicated that the Assembly was in total support of the CPA even though there ongoing challenges
  • Explained one major success: the existence of the Government of National Unity, two houses in Khartoum, Government of the Southern Sudan (GoSS), Southern Sudan Liberation Army and the State Governments
  • Welcomed the involvement of the International community to ensure that principles of the CPA were carried through
  • Adamant that elections will take place in 2011
  • Expressed a need in the fields of training for staff and MPs in Sudan, Exchange visits by MPs and staff of parliaments and the meeting between the Secretariats of the African National Congress and the Sudan People Liberation Movement to step up common programs

 

6.5 Kenya, Nairobi

 

(a) Briefing by the High Commissioner-HE Msimang

 

  • The High Commissioner informed the Committee of the following:
  • Kenya s going through some political turmoil
  • Last year, a new constitution was meant to be adopted after the election of President Kibaki
  • MOU never adhered to that would see a government representative of all the political parties
  • President Kibaki shelved the MOU and this led to a dysfunction in the Government of Kenya
  • At some point- cabinet failed to meet for more than 9 months
  • Wide consultation through out the country to indicate what could work for the country
  • Bomas draft- contributions of everyone- never happened
  • As a result a Gilifi draft was decided upon- which called for a referendum on the new Constitution
  • Government lost to the opposition political parties
  • The president decided to react by halting government meetings and parliamentary activities
  • New cabinet ministers were appointed by the President with some designated persons declining
  • The government started to function and there are only two years left before the next elections
  • Government is trapped in corruption scandals
  • Donor countries have squeezed and pressured government to react
  • No hope that anything would happen soon

 

 

               I.      Economy

  • Growth Domestic Product (GDP) is at growing at 5.8% per annum
  • Country is doing well despite droughts experienced last year
  • About 32 South African companies have invested in Kenya
  • President Moi and the then South African President never saw eye to eye which strained relations within the mission and other South African visitors
  • Joint Cooperation Commission with Kenya is proposed to be signed some time in 2007
  • This might introduce some progress in the manner in which things are done in Kenya politically and otherwise

 

             II.      Crime

  • Cases of violent crimes
  • Attacks of Diplomats
  • An alarming security situation in the country

 

(b) Meeting with the Parliamentary Committee on Foreign Affairs and Defence

The purpose of the meeting was to allow the South African delegation to engage with the Kenyan Committee in order to understand how both committees operate.

 

The following are some of the key points addressed:

·         The Kenyan Parliamentary Committee acknowledged that a huge task remained for the entire world to search for peace and stability in the Middle East, Israel, Darfur, Palestine, Lebanon, Afghanistan and Iraq

·         Both Committees comprised of various parties represented in parliament

·         Gender was considered when looking into the Committee’s composition

·         The Committees enable members to exercise their mandate when monitoring Foreign Affairs issues locally and abroad

·         The Kenyan Committee members invited the South African Committee to maintain the established relation by means of a visit to engage both committees in detail.

 

7. Conclusion

 

The delegation viewed the study tour as an eye opening experience and all members felt honoured to have been part of the fact-finding delegation. Having met with the relevant stakeholders, the delegation acknowledged that objectives of the visit were met. However, the delegation acknowledged that another follow up visit would be necessary to ensure that the agreed terms have been adhered to. Members were satisfied that meetings held allowed them an opportunity to understand the very complicated history of The Sudan, Darfur and the Southern Sudan, Juba.

 

8. Recommendations

Having monitored and evaluated the situation in Darfur, Sudan and Juba, the delegation recommends the following:

 

  • Government and responsible stakeholders should Increase the forces in Darfur
  • Effective peacekeeping force should be deployed in the Darfur region to alleviate the human sufferings
  • The general Sudanese opinion seems to choose the UN to monitor Darfur vis-versa AU. An international structure comprising both the AU and the UN should be established to oversee the implementation and the review of certain terms of the CPA and the DPA where and if necessary
  • The Committee mandates the leader of the delegation to:

§         Consult on an urgent basis with the Chairperson of the Portfolio Committee on Foreign Affairs to convene an extended PC meeting for consultation and way forward

·         A request must be made with the Peace and Security committee of the AU to a.)  Increase the mandate of the forces in Darfur

      • Provide necessary equipment to assist the troops in executing their task
      • Call for the involvement of the UN troops
      • Strengthen the Assessment and Evaluation Committee with the role players involved

 

 

 

 

 

 

 

Glossary

 

AEC                              Assessment and Evaluation Commission

AMIS                             African Mission in Sudan

AU                                 African Union

CP                                 Communist Party

CPA                              Comprehensive Peace Agreement

GDP                              Growth Domestic Product

GoSS                            Government of the Southern Sudan

GoNU                            Government of National Unity

DPA                               Darfur Peace Agreement

IDP                                Internally Displaced Persons

JEM                               Justice Equality Movement

NGO                              Non-Governmental Organisation

PNC                              Popular National Congress

SLA                              Sudanese Liberation Army

SNA                              Sudan National Assembly

SPLM /A                       Sudan Peoples Liberation Movement/Army

SSLA                            South Sudan Liberation Army

UN                                 United Nations