Sudan and South Sudan

AU Inquiry Report Highlights Need for Justice, Anti-Corruption in South Sudan

Date: 
Nov 10, 2015

Washington DC -- In a statement published today, the Enough Project presents analysis and key recommendations in response to the long-delayed African Union Commission of Inquiry (AU COI) report on the crisis in South Sudan. The “Final Report of the African Union Commission of Inquiry on South Sudan,” points to corruption and the unequal distribution of the proceeds of natural resources as major factors sparking and fueling atrocities and armed violence in South Sudan. 

The 315-page AU COI report details events leading up to the massacre in Juba in December 2013, and deduces that the killing of Nuer people at that time were “crimes committed pursuant to or in furtherance of a State policy.” Likewise, the report’s documentation of targeted killings based on ethnicity perpetrated by rebel forces provide important information for understanding the culpability of both sides of the conflict. While calling for accountability, the Enough Project’s lauds the AU COI report’s emphasis on reconciliation, peace, justice, and institutional reforms.

In its statement today, the Enough Project puts forward recommendations, including:

  • The looting of South Sudan’s natural resource wealth by high-level elites reflects the practices of a kleptocracy that must be dismantled.
  • The international community should invest in global efforts to trace, seize, freeze, and return the proceeds of corruption back to the people of South Sudan.
  • Those with the greatest responsibility for the atrocities at the highest level must be held accountable, and prosecution should be prioritized.
  • The role of the proposed hybrid court spelled out in the August 2015 peace agreement should be supported, including the prosecution of economic crimes. Steps must be taken to ensure that the court has the necessary funding and the legal and technical resources to enable it to investigate and prosecute economic crimes, including pillage and grand corruption.
  • Support for civil society referenced in the commission’s report should focus on strengthening South Sudanese-led efforts to press for the full implementation of South Sudan’s own beneficial ownership and public disclosure rules.

The AU COI report is based on testimonies from key government and rebel leaders, civil society, and ordinary South Sudanese. The report’s public release was delayed for many months, and its cover page is dated October 15, 2014.

Full statement by the Enough Project below:

African Union Commission of Inquiry on South Sudan Report
By the Enough Team
November 10, 2015

The African Union’s long-awaited report on the crisis in South Sudan strongly makes the case that sustainable peace must not only address justice for victims of atrocities but also tackle the underlying economic sources of the conflict, which Enough argues include the pursuit by individuals of their own economic interests at the expense of the South Sudanese people.

The AU report’s substantive focus on human rights abuses committed by the government and rebels, including their affiliate militias, in various locations in the country, is commendable and important for both understanding the human toll of the conflict and also for devising strategies for healing. The report’s emphasis on reconciliation, peace, justice, and institutional reforms holds the potential for a new beginning for South Sudanese leaders.

The report sheds light on events leading up to the massacre in Juba in December 2013, and the AU Commission of Inquiry deduces that the killing of Nuer people at that time were “crimes committed pursuant to or in furtherance of a State policy.”

Likewise, the report’s documentation of targeted killings based on ethnicity perpetrated by the Sudan Peoples’ Liberation Movement-In Opposition (SPLM-IO) in towns such as Malakal, Bor, and Bentiu provide important information for understanding the culpability of the rebels.

The focus on recruitment of children into government and rebel armies and the extensive sexual and gender-based violence committed by both sides exposes the diversity of the atrocity crimes in the conflict. In concluding that “there are reasonable grounds to believe that these crimes were committed in a wide spread or systematic manner, and that evidence points to the existence of a state or organizational policy to launch attacks against civilians based on their ethnicity or political affiliation,” the report is a powerful  reminder of the need to bring the perpetrators to account for their actions.

Of important note is the report’s identification of the underlying sources of conflict in South Sudan. The report identifies crippling capacity shortfalls in almost all of the country’s institutions and exposes how these issues helped fuel dissent, anger, resentment, and friction among communities in South Sudan. With regard to the genesis of the ongoing conflict, the report notes that significant weaknesses in the internal institutions of the ruling SPLM party were instrumental in triggering the country’s descent into civil war.

Most significantly, however, the report highlights how economic factors played a key role in contributing to the outbreak of war. Specifically, the report draws attention to pervasive weaknesses in the management, allocation, and distribution of the country’s natural resources. The report underscores that factors such as corruption and the unequal distribution of oil proceeds greatly compromised the government’s capacity to deliver services, thus fueling anger and resentment within the population.

The factors described above served as the key ingredients that fueled the war in South Sudan, and these findings shape the substance of key recommendations in the report.

In addition to calling for institutional reforms, the report’s recommendations on human rights hit the right notes and point toward ratification of all international pacts on human rights by the government, strengthening of national institutions for protection of human rights, and building a cogent disarmament, demobilization, and reintegration (DDR) program to transform the security forces.

The report notes that there is support for holding the two principals in this conflict—President Salva Kiir and SPLM-IO leader Riek Machar—accountable for the atrocities. The report’s heavier emphasis, however, on truth-telling, reconciliation, traditional justice, reparations, and institutional reforms risks overshadowing and underestimating the South Sudanese public’s appetite for the criminal prosecution of the perpetrators of violence according to international standards as part of a process for achieving holistic justice in South Sudan.

In light of the fact that international law was broken and the fact that the report identifies reasonable grounds to believe that the atrocities amount to crimes against humanity, recommending that “those with the greatest responsibility for the atrocities at the highest level” be held accountable, it is our contention that this is a crucial aspect for justice and that emphasis on prosecution should be prioritized.

With regard to the economic factors of the conflict, the report underscores that the “struggle for political power and control of natural resources revenue, corruption and nepotism” were key factors behind the outbreak of conflict. Consequently, the report notes that the mismanagement of oil revenues caused frustration among different groups in the country. The report adds that the resources of the country, including oil revenues, have largely come under the purview of “top politicians and their families” at the expense of the general populace.

To address this situation, the report recommends sound measures in resource governance: the strengthening of legal frameworks and equitable distribution of natural resource revenues.

It is important to observe, however, that the recommendations are notably silent on prosecuting economic crimes, despite the direct relevance of economic factors in contributing to war.

We contend that economic crimes constitute a major reason for the outbreak of conflict in South Sudan. In this respect, we support the role of the proposed hybrid court spelled out in the August 2015 peace agreement, which includes the prosecution of economic crimes. In this light, steps must be taken to ensure that the court has the necessary funding and the legal and technical resources to enable it to investigate and prosecute economic crimes, including pillage and grand corruption.

The signed peace agreement also gives the Joint Monitoring and Evaluation Commission (JMEC) a significant role in resource and financial oversight. Nevertheless, given the commission’s vast mandate, it is important that JMEC identify and prioritize specific financial accountability and transparency interventions that have the greatest potential for stabilizing the economy and ending impunity for economic crimes, such as closing all non-official oil accounts.

In addition, support for civil society referenced in the commission’s report should focus on strengthening South Sudanese-led efforts to press for the full implementation of South Sudan’s own beneficial ownership and public disclosure rules.

The looting of South Sudan’s natural resource wealth by a clique of high-level elites reflects the practices of a kleptocracy that must be dismantled. In addition to strong support for JMEC and the hybrid court, the international community should also invest in global efforts to trace, seize, freeze, and return the proceeds of corruption back to the people of South Sudan. Finally, the U.S. and other partners should maintain the threat of targeted sanctions by continuing their efforts to identify the assets of politically exposed elites who threaten the implementation of the peace agreement for their own political or economic gain.

Link to statement by the Enough Project: http://eno.ug/1PA6uzN

For media inquiries or interview requests, please contact:
Greg Hittelman, Director of Communications, +1 310 717 0606gh@enoughproject.org

About THE ENOUGH PROJECT

The Enough Project, an atrocity prevention policy group, seeks to build leverage for peace and justice in Africa by helping to create real consequences for the perpetrators and facilitators of genocide and other mass atrocities. Enough aims to counter rights-abusing armed groups and violent kleptocratic regimes that are fueled by grand corruption, transnational crime and terror, and the pillaging and trafficking of minerals, ivory, diamonds, and other natural resources. Enough conducts field research in conflict zones, develops and advocates for policy recommendations, supports social movements in affected countries, and mobilizes public campaigns. Learn more – and join us – at www.EnoughProject.org

African Union Commission of Inquiry on South Sudan Report

The African Union’s long-awaited report on the crisis in South Sudan strongly makes the case that sustainable peace must not only address justice for victims of atrocities but also tackle the underlying economic sources of the conflict, which Enough argues include the pursuit by individuals of their own economic interests at the expense of the South Sudanese people.  Read More »

AU Report Documents Rebel Atrocities in South Sudan

An African Union report on the crisis in South Sudan says rebel soldiers committed gross human rights abuses that include rape and ethnically targeted killings of civilians. The report released by a Commission of Inquiry this week, interviewed witnesses in the towns of Bor, Malakal and Bentiu, who all testified about the abuse they endured in rebel hands after the capture of these locations at the onset of the war.  Read More »

Human Rights Watch on UN’s Responsibility to Rape Victims in Darfur

Approaching the one-year mark of a mass rape in Tabit, North Darfur, Human Rights Watch (HRW) has released a dispatch calling on the United Nations to do more to protect the survivors and those still at risk. This publication follows HRW’s October 12 dispatch detailing ongoing violations of women’s rights in Sudan’s conflict zones as well as the regime’s application of repressive and discriminatory laws to diminish the ability of women to participate in public life.  Read More »

AU Unveils Long-awaited Report on Crisis in South Sudan

Displaced civilians seek refuge at an UNMISS facility in Juba on Dec 16, 2013

A long-delayed African Union report on the crisis in South Sudan says that the targeted killings of hundreds of Nuer tribesmen in Juba in December 2013, was a deliberate action sponsored by the state. According to the report, the method by which the killings were committed prove their “widespread or systematic nature.” Roadblocks were established around Juba and security forces undertook house-to-house searches. Male Nuers were “targeted, identified, killed on the spot or gathered in one place and killed.”  Read More »

South Sudan Church Leaders Remind Government and Rebels to Respect Peace Deal

Amidst numerous violations of the ceasefire in South Sudan, including politicians’ actions that pose a threat to the recently signed peace agreement, church leaders in Juba reminded the government and rebels to respect the pact.  Read More »

Professor’s Departure Raises Questions on Freedom of Expression in South Sudan

The abrupt departure of an academic from South Sudan’s largest university has raised new concerns about the state of free expression in Africa’s newest country.  Read More »

Life as a Surgeon in Sudan’s Nuba Mountains: Atavist Feature

A recent Atavist Magazine feature highlighted the work of Dr. Tom Catena, the only surgeon working in the Nuba Mountains, in southern Sudan.  Read More »

Sudan Tribune Op-ed: Sudan’s National “Monologue”

On October 10, Sudan President Omar al-Bashir launched a purported National Dialogue in Khartoum, nearly two years after he had first announced his intention to hold a forum to resolve the country’s numerous social, economic, and political issues. In the intervening period, Bashir and the ruling National Congress Party (NCP) handpicked participants, naming a congregation of mostly minor splinter parties, perhaps upward of 100 parties in all. Bashir and his ruling party determined the National Dialogue agenda unilaterally, setting up a 7+7 steering committee of seven parties allied with the government and seven opposition parties. Bashir also gave himself the authority to oversee this exercise.  Read More »

Hard Currency Scarcity and the South Sudan Economy

South Sudan’s ministry of finance has stopped selling hard currency to the country’s central bank. The advent of armed conflict, which broke out in December 2013, has reduced the production of oil, the country’s main revenue earner by 32 percent, affecting the overall performance of the economy.  Read More »

Syndicate content