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From: Eric Reeves <[email protected]>
Date: Fri, May 20, 2011 at 3:37 AM
Subject: "Carter Center Fails to Consider Key Issues in the South
Kordofan Gubernatorial Election"
To: [email protected]


"Carter Center Fails to Consider Key Issues in the South Kordofan
Gubernatorial Election"

Political incompetence and misprision—and a failure to ask key
questions—produce unwarranted ratification of NIF/NCP victory by
indicted war criminal Ahmed Haroun



Eric Reeves

May 19, 2011



The Carter Center has stumbled badly in assessing the enormously
consequential South Kordofan gubernatorial election, which produced a
“victory” for Khartoum’s candidate, Ahmed Haroun.  Haroun—handpicked
by the regime—was a central figure in the worst years of the Darfur
genocide, as well as an energetic participant in the genocidal jihad
conducted by the National Islamic Front regime in the Nuba Mountains
of South Kordofan during the early 1990s.  This validation of Haroun’s
election by the Carter Center appears to reflect, to an inordinate
degree, the views of former President Jimmy Carter, whose
pronouncements over the years reveal a disturbing myopia when it comes
to the nature and behavior of the NIF/NCP regime.  Since Carter is
notorious for micro-management, there can be little doubt that he
influenced the tone and tenor of the report in significant ways.



Carter’s pronouncements at the time of Sudan’s April 2010 national
elections were revealingly preposterous, though even the Carter Center
was ultimately obliged to admit that the elections were not credible.
For example, shortly before the 2010 elections Carter claimed that,
“‘If no one gets an absolute majority, then there will be a run-off
election in May and I think that's a high likelihood,’ Carter told
reporters during a trip to south Sudan” (Reuters [dateline: Juba],
February 9, 2010).  It is difficult to imagine a more foolish
prediction: President al-Bashir of the National Islamic Front/National
Congress Party (NIF/NCP) regime won easily and predictably with more
than two thirds of the vote.  The very notion that the regime would
allow itself to be put in the position of having to participate in a
run-off election betrays profound ignorance of Khartoum’s attitudes
and ambitions—nothing new for Carter.



Unfortunately, Carter found some significant company in his absurd
prediction: U.S. Special Envoy Scott Gration declared that Sudan’s
national elections would be “as free and fair as possible.”  Some
international observers had also suggested that even if not entirely
successful, the elections would be a move toward “democratization” in
Sudan. But in fact, the election was massively fraudulent, hopelessly
compromised by the manipulation of census results, registration, and
voting; by the physical appropriation of ballot boxes; by widespread
and paralyzing insecurity in Darfur; and by deeply intimidating
actions on the part of the regime’s security services, which also
guaranteed the NIF/NCP monopoly on broadcast media.  In short, all the
powers of the state were put in service of al-Bashir’s election.  The
most comprehensive Sudanese human rights assessments of the election
and electoral irregularities were produced by the African Centre for
Justice and Peace Studies (February 2010 and May 2010).  The Darfur
Peace and Development Organization produced a devastating critique of
the census that undergirded the elections (January 2010).
International observing teams, including the Carter Center, all found
that the elections “did not meet international standards,” the
euphemism most often deployed to characterize this travesty.  Human
Rights Watch was blunt in its account of the atmosphere for voting in
the North: “Human Rights Watch found that the National Congress
Party-dominated government continued to foster a restrictive
environment during the voting period through harassment, intimidation,
and arrests of activists, opposition members, and election observers.”



There was no move toward “democratization,” and the suggestion of a
“run-off”—implying that al-Bashir would not use the state apparatus to
secure at least a 51 percent majority—was the most foolish prediction
made by any observer.  Instead of “democratization,” what has followed
is a more tyrannical political monopoly.  The Khartoum regime emerged
from the elections retaining full control of national wealth and
power—and full control of the security services.  The crackdown on
human rights that has followed the elections has been severe and
suggests just how manipulative Khartoum can be (some very small
political space was carefully opened shortly before the elections, but
not nearly enough to permit real political opposition to gather
forces, as Human Rights Watch has made clear).



All this previous electoral history has bearing on the recent election
in South Kordofan (May 2 – 4), and to suggest otherwise—as the Carter
Center does in its report—reflects either a fatuous or tendentious
view of Sudanese politics in this extremely volatile and militarily
critical state on the North/South border.  Indeed, the Carter Center
report (hereafter CCR) does a particularly poor job in conveying the
military realities defining South Kordofan, the Nuba Mountains in
particular, and the implications for Abyei.  The CCR authors would do
well to read Julie Flint’s compelling and ominous report for Pax
Christi (“The Nuba Mountains: Central to Sudan Stability,” January
2011) and the numerous authoritative reports from the Small Arms
Survey.  Although the CCR talks about insecurity and alludes to
military issues, it does so in ways that convey none of the dangers
that presently exist and have been so thoroughly chronicled in these
and other reports.



To be sure, as a “technocratic” account of the elections, the CCR is
of considerable value—but only as such.  It rehearses a good deal of
familiar but relevant regional history, legislative and otherwise.  It
reveals a clear and detailed understanding of the electoral procedures
that were to have been followed, the role of the CPA and other
agreements, as well as international humanitarian and human rights
law.  It offers a full narrative of the electoral milestones, though
it seems to understate on a consistent basis the significance of
electoral problems and controversies; and it nowhere acknowledges how
fully the “National Election Commission” is controlled by Khartoum—a
fact made abundantly clear during the April 2010 elections.



But the CCR fails fundamentally in appreciating the political context
of the South Kordofan election, its importance for Khartoum, and the
implications of key actions by senior regime officials (in a PDF
document of 18 pages, less than one page is given over to “Political
Background to South Kordofan Elections”). And yet this is where any
meaningful assessment of the election must begin.



Fortunately, Africa Confidential (AC) has provided a highly informed
account (May 13, 2011—complete text below) of just what is politically
at stake in the election and which political calculations and
electoral machinations determined its outcome.  In this, the AC
researchers are able to do what an entire team of Carter Center
officials were unable to do, and their astute observations make clear
that Khartoum was never prepared to allow its war criminal candidate
to lose—South Kordofan is simply too important strategically:



“It was clear that Ahmed Mohamed Haroun had lost his bid to be elected
Governor of Southern Kordofan when the National Congress Party sent
Presidential Assistant Nafi’e Ali Nafi’e to Kadugli on 8 May, the day
the results were supposed to be announced. Nafi’e, a former chief of
security for whom Ahmed Haroun once worked, told the State Election
Commission to declare him winner, say opposition sources. The
Commission’s head, Adam Abdin, sought refuge with the United Nations
Mission in Sudan (UNMIS). The results were rescheduled for 10 May and
again delayed, as NCP operatives scrambled to produce new figures.
Their methods included the invention of new polling stations: when
challenged, the officials replied that voters had found it difficult
to reach the other stations, a tactic used last year in Darfur.”



This extraordinary report—“The [State Election] Commission’s head,
Adam Abdin, sought refuge with the United Nations Mission in Sudan
(UNMIS)”—is inexcusably omitted from the CCR.  Has this no
suggestiveness for the Carter Center people?  Abdin complained to the
Sudan Tribune (May 7, 2011) “that the process of matching votes to
registered voters is proceeding slowly and said there are proposals of
forming additional committees to speed up the process.”  These
proposals went nowhere, and Khartoum was determined to brook no delay
in announcing results it had already determined; this may account for
Abdin’s reported flight following Nafi’e’s inevitably intimidating
visit.  Nor is there any meaningful discussion in the CCR of the
Africa Confidential account of Khartoum’s behavior:



“NCP operatives scrambled to produce new figures. Their methods
included the invention of new polling stations: when challenged, the
officials replied that voters had found it difficult to reach the
other stations, a tactic used last year in Darfur.”



The belatedly announced new polling stations are in fact acknowledged
in the CRR—more than 25 altogether, some established only on the day
of voting—but in peculiarly unconcerned fashion: “Better planning
would help to prevent such issues in the future” (page 12).  But if
such added polling stations did spontaneously appear, this and other
maneuvers could more than account for Haroun’s evident surge from
behind (the Carter Center was able to observe, even very briefly,
fewer than 25 percent of the polling stations).  For as Africa
Confidential notes:



“Initial figures obtained by Africa Confidential showed Governor
Ahmed’s Deputy, Abdel Aziz Adam el Hilu of the Sudan People’s
Liberation Movement, ahead by about 11,000 votes. His final lead was
around 4,000, said an SPLM source on 11 May, claiming that the
difference was largely due to NCP rigging….” [Al-Jazeera reported on
May 6 that according to figures it had received, el-Hilu had a
“comfortable” lead of 14,000, with only six polling centers of 666
still to report; The Sudan Tribune, May 6, 2011.]



Despite accusations of fraud from many quarters (including northern
Sudanese political and academic figures—see appendix to this
analysis), the CCR report concludes that the elections were “generally
peaceful and credible,” and the Center did “not observe systemic
irregularities that would invalidate the results.”  But this
conclusion ignores one of the CCR’s most troubling findings, one that
may explain just how the manipulation of vote totals was achieved (we
should recall that even the manipulated final results were very
close):



“The Carter Center is concerned, however, that election officials
appear to have chosen not to use the official database developed to
handle the preliminary results. The database is programmed to reject
results where the numbers do not reconcile and these results would
then be quarantined and investigated before they could be entered.
This process was bypassed by the [Kordofan] State High Election
Commission, thus removing an important safeguard that can highlight
anomalous results. Moreover, this software is used to post results,
disaggregated by polling station, on to the NEC website. At the time
of this report the results [sic], this has not happened.” (page 14;
emphasis added)



Why was this available and task-specific database technology not
deployed?  The CCR offers no answer, and this highlights the
importance of what Africa Confidential reports of these “preliminary
results”:



“The National Election Commission said that the preliminary results
could not be changed and the NCP slammed the SPLM ‘adolescent
mentality’ for protesting. Northern opposition parties accused the NCP
of fraud…. [T]he elections, delayed from last year after the SPLM
challenged the census figures, benefited from few external monitors,
the only widespread and systematic presence being that of the Carter
Center.”



Khartoum was no more going to allow Haroun to lose than it was
al-Bashir in the presidential election (al-Bashir is also under
indictment by the ICC, including for genocide).  To ignore this
reality, to talk around it as the CCR does, to present so blandly and
superficially the current political and military realities in South
Kordofan, Abyei, and the North/South border regions, is deeply
irresponsible and vitiates whatever usefulness the CCR may have had
going forward.  Africa Confidential again makes the essential point
about South Kordofan and the election of its next governor:



“South Kordofan is the military backyard for Abyei (which has a
special status within the state) and for Upper Nile, Northern Bahr el
Ghazal and Unity states in the South, all of which it adjoins. ‘We are
especially concerned about the alarming situation in Abyei’, said a 10
May statement by the Troika – Britain, Norway, United States. It
called on the parties to ‘work together’ to tackle the ‘rising
tensions’ in South Kordofan. As ever, it treated both parties
even-handedly. The problem with that is obvious in Abyei, where the
NCP has persistently reneged on agreements it
has signed, exploiting international ‘neutrality’ to shift the
situation to its advantage.”



This commitment to making all comments and observations as
“even-handedly” as possible is indeed at the heart of Western
diplomatic strategy.  But Africa Confidential is right to argue that
international “neutrality” is simply being exploited by Khartoum; for
this is yet another case of an intolerable “moral equivalence,” in
which the culpability for any and all problems lies equally with
Khartoum and its adversaries in the marginalized regions.  A recent
and grimly illustrative example of this tendency comes from Darfur,
where Ibrahim Gambari, head of the UN/African Union peacekeeping
mission (UNAMID), responded to Khartoum’s most recent aerial attacks
on civilians: “‘I call upon all parties to exercise the utmost
restraint in the use of lethal force,’ Gambari said” (Agence
France-Presse [dateline: UN/New York], May 18, 2011).  But the Darfur
rebels have no aerial military assets; and so to bring them within the
ambit of his “call,” Gambari deliberately blurs the issue by referring
not to deliberate aerial attacks on civilian targets (several villages
have been targeted since May 15), but the broadest military
designation possible: “lethal force.”  Here it is important to keep in
mind that Gambari, UNAMID, and the UN (as well as its most important
member states) have all been largely silent over the more than 80
attacks confirmed so far in 2011 (see my comprehensive account of
aerial bombardment of civilian and humanitarian targets in Sudan for
the years 1999-2011).



But the key point for South Kordofan that is lost through moral
“neutrality” or “equivalence” is highlighted with unrelenting acuity
by Africa Confidential:



“The NCP cannot afford to lose control in South Kordofan. State
governors have great power, which is why they are normally party men.
They chair the state’s vital Security Committee. Several of the
militias plaguing the South are based in South Kordofan (Meiram area)
or in the northern part of Abyei, already ceded to the NCP by the 2009
Permanent Court of Arbitration ruling. They include those of Abdel
Bagi Ayii Akol Agany, a tribal chief-turned-warlord from North Bahr el
Ghazal; General George Athor Deng, now warlord-in-chief; and Gen.
Peter Gadet (Gatdet) Yaka, absorbed into the SPLA in 2006 but now
again on the rampage.”



“The NCP is not about to stop sponsoring militias in the South. If it
is to supply its proxies, including the Missiriya militias, it cannot
afford to lose either Abyei or South Kordofan (AC Vol 52 No 9). It
could live with the SPLM/SPLA controlling large swathes of the Nuba
Mountains before the 2005 Comprehensive Peace Agreement, since the
rugged hills are discrete and isolated. The Sudan savannah plains of
the rest of Southern Kordofan are a different matter: they have long
been the home of mechanised ‘strip farming’ by townsmen from further
north. These plains are now politically and militarily critical to
Khartoum’s attempts to retain Abyei and to its intervention in the
South.” (“Indicted war criminal fights election,” Africa Confidential,
May 13, 2011)



Not to understand this critical political context, and to see how that
context has defined the South Kordofan election, is deeply
irresponsible.  For in the absence of other international observers,
the Carter Center report is the only assessment being reported by wire
services and other news outlets.  Despite its acuity, the Africa
Confidential assessment will be read by far too few to change the
story line.  The Carter Center has done a significant disservice to
the people of Sudan, and South Kordofan in particular, by prematurely
validating the results of the recent election without answering the
questions raised by their own findings, in particular the failure to
use the official spreadsheet designated for elections results, and
designed to catch “anomalous results.”  The SPLM did in fact complain
about “non-reconciled results,” but got nowhere.



Even more importantly, the Carter Center needs to speak explicitly to
the question raised by a critical finding of Africa Confidential: “The
[State Election] Commission’s head, Adam Abdin, sought refuge with the
United Nations Mission in Sudan (UNMIS).”  If such refuge was sought,
we need to know why—and we need to know how it is related to the
ominous presence in Kadugli of Nafi’e Ali Nafi’e, the most powerful of
al-Bashir’s presidential advisors.  That the Carter Center Report does
not mention Adam Abdin or this incident is a sign of its fundamental
shortsightedness.



APPENDIX 1:



Indicted war criminal fights election

Africa Confidential, May 13, 2011

http://www.africa-confidential.com/article-preview/id/3977/No-Title
Khartoum’s ruling party tries to hold on to its base in Kordofan, a
springboard for
operations in Abyei and the South



It was clear that Ahmed Mohamed Haroun had lost his bid to be elected
Governor of Southern Kordofan when the National Congress Party sent
Presidential Assistant Nafi’e Ali Nafi’e to Kadugli on 8 May, the day
the results were supposed to be announced. Nafi’e, a former chief of
security for whom Ahmed Haroun once worked, told the State Election
Commission to declare him winner, say opposition sources. The
Commission’s head, Adam Abdin, sought refuge with the United Nations
Mission in Sudan (UNMIS). The results were rescheduled for 10 May and
again delayed, as NCP operatives scrambled to produce new figures.
Their methods included the invention of new polling stations: when
challenged, the officials replied that voters had found it difficult
to reach the other stations, a tactic used last year in Darfur.



Initial figures obtained by Africa Confidential showed Governor
Ahmed’s Deputy, Abdel Aziz Adam el Hilu of the Sudan People’s
Liberation Movement, ahead by about 11,000 votes. His final lead was
around 4,000, said an SPLM source on 11 May, claiming that the
difference was largely due to NCP rigging. In elections for the South
Kordofan State Assembly, the NCP had won 22 seats, the SPLM, 10, he
said. The 40% of seats reserved for women and political parties were
still being counted and some predict a hung parliament. The SPLM says
privately that it accepts a degree of NCP malpractice but will not
back down on the gubernatorial election. Some in the SPLM believe it
can become a major party in Northern Sudan.



The National Election Commission said that the preliminary results
could not be changed and the NCP slammed the SPLM ‘adolescent
mentality’ for protesting. Northern opposition parties accused the NCP
of fraud. The SPLM had been able to reduce fraud by training thousands
of party observers to cover the vast territory which includes the Nuba
Mountains (SPLM heartland) and the Missiriya Arab lands to their west
and east. Yet the elections, delayed from last year after the SPLM
challenged the census figures, benefited from few external monitors,
the only widespread and systematic presence being that of the Carter
Center.



This looks like another mistake. The polls are crucial for several
reasons. South Kordofan is the military backyard for Abyei (which has
a special status within the state) and for Upper Nile, Northern Bahr
el Ghazal and Unity states in the South, all of which it adjoins. ‘We
are especially concerned about the alarming situation in Abyei’, said
a 10 May statement by the Troika – Britain, Norway, United States. It
called on the parties to ‘work together’ to tackle the ‘rising
tensions’ in South Kordofan. As ever, it treated both parties
even-handedly. The problem with that is obvious in Abyei, where the
NCP has persistently reneged on agreements it
has signed, exploiting international ‘neutrality’ to shift the
situation to its advantage.



The NCP cannot afford to lose control in South Kordofan. State
governors have great power, which is why they are normally party men.
They chair the state’s vital Security Committee. Several of the
militias plaguing the South are based in South Kordofan (Meiram area)
or in the northern part of Abyei, already ceded to the NCP by the 2009
Permanent Court of Arbitration ruling. They include those of Abdel
Bagi Ayii Akol Agany, a tribal chief-turned-warlord from North Bahr el
Ghazal; General George Athor Deng, now warlord-in-chief; and Gen.
Peter Gadet (Gatdet) Yaka, absorbed into the SPLA in 2006 but now
again on the rampage.



The NCP is not about to stop sponsoring militias in the South. If it
is to supply its proxies, including the Missiriya militias, it cannot
afford to lose either Abyei or South Kordofan (Africa Confidential,
Vol. 52 No. 9). It could live with the SPLM/SPLA controlling large
swathes of the Nuba Mountains before the 2005 Comprehensive Peace
Agreement, since the rugged hills are discrete and isolated. The Sudan
savannah plains of the rest of Southern Kordofan are a different
matter: they have long been the home of mechanised ‘strip farming’ by
townsmen from further north. These plains are now politically and
militarily critical to Khartoum’s attempts to retain Abyei and to its
intervention in the South.



By getting Ahmed Mohamed Haroun elected, the NCP also hoped to ‘cleanse
its crimes in Darfur’, said an SPLM official: the former junior
Interior Minister is wanted by the International Criminal Court on 51
counts of war crimes or crimes against humanity. The crimes have
continued in Abyei.



APPENDIX 2:



A range of Sudanese political, academic and other voices have made
their views of the South Kordofan election known.  For its part, the
SPLM has been quite specific in its claims about vote rigging, none of
which is discussed in the CCR:



[1]  “Vote-counting was supposed to proceed immediately after the
polls closed, but the north Sudan sector of Sudan People’s Liberation
Movement (SPLM), which controls South Sudan, on Wednesday said it
objects to the beginning of counting. The SPLM said in a press release
that the ruling National Congress Party (NCP) in north Sudan had a
three-phase plan to rig the elections. It claimed that its members had
found three rigged ballot boxes in the areas of Kadugli, Buram and
Al-Quzair. On Tuesday, the SPLM claimed that three ballot boxes were
seized in the area of Um-Battah in the state’s capital Kadugli. It
also said that one polling station was relocated from the police club
to Al-Merikh in Al-Bananusa in the geographical constituency number 7
without prior notice.” (The Sudan Tribune, May 4, 2011)



[2]  “…the NCP [National Congress Party] rigged the gubernatorial
elections in Southern Kurdufan [central Sudan] in favour of its
candidate, Ahmad Harun. Dr Haydar Ibrahim Ali said on Monday [16 May]
from Cairo that the NCP motive is to shield Harun from being arrested
by the International Criminal Court [ICC].



[Ibrahim]: “The nomination of Harun specifically, was an attempt by
the regime to do an action similar to what we can call money
laundering. They wanted in one way or another to acquit Harun from the
charges against him by the ICC. Therefore, the NCP has caught two
birds without throwing a stone, rigging the elections for the second
time, making the rigging exercise as part of Sudanese political life,
and the third thing is jumping over the ICC charges.” (Text of report
in English by independent, Nairobi-based, USAID-funded Sudan Radio
Service, 16 May 2011 [Cairo])



[3]  “A coalition of the national opposition parties in Sudan says
they have doubts in the credibility of the Southern Kurdufan (central
Sudan) elections. The coalition's spokesperson, Faruq Abu-Issa claims
that the gubernatorial elections were rigged and warns of potential
violence.”



[Abu-Issa]: “This area has suffered a lot; it is a very sensitive area
which includes Abyei, terrible ethnical conflicts and the
intermingling areas between south and north. Even the rigged election
results itself, have shown that the SPLM [Sudan People's Liberation
Movement] has strong presence in the region. Therefore, if we intend
to let only one party to govern this region despite its known
circumstances, and exclusion of the other party, that will
continuously make the area encounter catastrophic consequences.”



[4]  Notably, al-Jazeera reported on results two days after the voting
was completed:



“Early results from the gubernatorial race in South Kordofan revealed
a comfortable lead for the Sudan People’s Liberation Movement (SPLM)
candidate Abdel-Aziz Al-Hilu, news channel Al-Jazeera reported.
Al-Hilu is running against the incumbent governor Ahmed Haroun who is
the National Congress Party (NCP) nominee and also one of the suspects
wanted by the International Criminal Court (ICC) for his alleged role
in Darfur war crimes when he was Sudan’s minister for interior.
Al-Jazeera said the figures it obtained showed that the SPLM’s
candidate is ahead by 14,000 votes after counting all but results from
six polling stations. It did not say whether the remaining centers
would be a game changer.  (Sudan Tribune, May 6, 2011)

_____________________________
Eric Reeves
Smith College
Northampton, MA 01063

[email protected]
413-585-3326
www.sudanreeves.org

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