New Countries, Old Problems
Louise Arbour, International Herald Tribune  |   8 Jul 2011

South Sudan’s independence on Saturday will in some sense mark the
welcome end of one of the most devastating conflicts of recent times.
When decades of hostilities between North and South concluded with the
signing of the 2005 Comprehensive Peace Agreement, several million
people had already died as a result of the civil war, and millions
more had lost their homes. As a culmination of that peace deal,
independence would seem to be the last chapter of the story.

It is, however, anything but.

Saturday’s formal separation may have been an inevitable and even
necessary step, but these two states will be tied together for many
years to come. Trying to work through outstanding disagreements, many
of them already violent, will require difficult negotiations,
political savvy, and carefully considered international engagement to
ensure both North and South develop into peaceful and stable states.

At this point, the signs do not look particularly good. Both sides
have violated the 2005 agreement, and escalating tensions have sparked
conflict in critical border areas. In May, Khartoum’s forces launched
an attack on the contested town of Abyei.

Even more worrisome, there is wide-scale fighting between Northern and
Southern forces in the border state of Southern Kordofan. Reportedly
some 360,000 people have been displaced over the past six months, more
than half in the last month.

The North, in particular the ruling National Congress Party (N.C.P.),
is moving boldly both to assert control over Northern territory and to
improve its negotiating position vis-à-vis the South on the
post-independence arrangements. Of these, probably the most important
to the North concerns oil revenue sharing, since Khartoum will lose a
majority share of its primary income source, the petroleum being found
predominantly in the South.

In any case, revenue sharing, border demarcation, the status of
southern military units from northern regions, as well as future
arrangements on citizenship and natural resource management will
likely remain points of contention for years to come, and could
trigger large-scale violence.

While both North and South will have to work closely together on these
issues to avoid renewed war, each also faces extremely difficult
internal challenges. In Khartoum, the ruling party’s rank and file are
increasingly discontent. Despite austerity measures, the government is
confronting a serious budget deficit and spiraling inflation, and it
is not able to pay all salaries. The N.C.P.’s security-dominated
policies are alienating huge swaths of Sudanese.

Northern opposition parties and rebel groups (from Darfur and
elsewhere) are trying to position themselves for post-July, but they
are weakened by the decision of some of them to enter into unilateral
negotiations with the N.C.P. Unless the opposition forces present a
much more unified front, it is quite likely that the N.C.P. will
continue to stymie attempts to bring about badly needed government
reforms.

Southern leaders meanwhile have to switch gears from the solidarity of
the liberation struggle to the more mundane, though more divisive,
tasks of running a democratic country. The signs are not encouraging.
The new draft transitional constitution includes several red flags,
including an amendment giving the president power to dismiss
democratically elected governors as he pleases.

The leading party in the South, the Sudan Peoples’ Liberation Movement
(S.P.L.M.), has to open up political space — both inside and outside
the party — to lay the foundations for a more inclusive multiparty
landscape.

The international community also has an important role. Realizing that
localized conflict in the new border zone will likely continue or even
escalate if left to fester, it has to carry on acting as an impartial
mediator, fact-checker and arbitrator, all the while dealing with
President Omar Hassan al-Bashir, who has been indicted by the
International Criminal Court for war crimes, crimes against humanity
and genocide.

To deal with Southern Kordofan, external actors need to get leaders
back to the negotiating table with sufficient political will to
contain the violence, including a cease-fire and new security
arrangements for the transitional states. The initiative undertaken by
the African Union’s High-Level Implementation Panel on Sudan, led by
Thabo Mbeki, is a good first step. It helped lead to an agreement on
Abyei, which is a welcome deescalation, but the international
community can only preserve the status quo — both Khartoum and Juba
need to make the hard decisions and compromises necessary for peaceful
coexistence.

Southern independence will also mean that the international community
must recalibrate its relationship with the S.P.L.M. and avoid the
tendency to overlook its abuses and constrictions of political space.

If there is a single message for all parties it is surely “inclusion.”
The leaders of North and South need to understand the broad spectrum
of peoples and interests in their new polities and work hard to bring
them in under their respective new roofs. And the international
community must sustain its involvement and support to ensure that both
North and South develop into peaceful and viable states.

Louise Arbour is president of the International Crisis Group.

International Herald Tribune

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