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After Juba, July 2016
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<https://thoughtsonthesudans.wordpress.com/2016/07/13/after-juba-july-2016/#comments>

*This is my first article about South Sudan since I was expelled by the
GRSS in late April, at which point I was part of the JMEC secretariat. It
is also the first time I have written publicly about South Sudan since I
joined the IGAD mediation team in May 2014, and became part of the messy
world of the peace process. *

*After I left Juba, I felt that anything I might say about the
implementation of the peace agreement could have been counterproductive,
given the animosity some felt towards me. I did not want to create any
complications for those who were continuing to work for peace.*

*But in light of the calamitous events in Juba over the last few days, the
little I can do is to offer my knowledge of the process, in the hope that
it can contribute to a way forward. I agree with Matt LeRiche
<http://africanarguments.org/2016/07/11/whos-behind-south-sudans-return-to-fighting/%23comment-83587>
that now is a time for restrained and carefully considered contribution,
and these thoughts are offered in that spirit.*



*The original transitional security arrangements (TSA) proposed for Juba
were rejected by the parties. The arrangements the parties eventually did
agree were never fully implemented.*

The original proposal for transitional security arrangements (TSA) in Juba
would have capped the number of forces of both the SPLA and the SPLA-IO at
much, much lower numbers than what was eventually agreed. Both parties
rejected the IGAD mediators’ proposals.  The IGAD heads of state did not
insist, in August 2015, on setting exact numbers for permitted forces in
Juba.

It was not until November 2015 that the size of the force permitted to
remain in Juba was agreed,
<http://jmecsouthsudan.org/uploads/Nov3forces.pdf> after a further series
of workshops and meetings. It is only this last document that speaks of
troop numbers in Juba, an agreement that was the product of the Parties. It
is here that the SPLA troop limit was set at 3,420; the SPLA-IO was
entitled to 1,410. Each side was to contribute 1,500 police to a new joint
police force; it was acknowledged that many of these police officers would
come from, or be former members of, the SPLA.

Critics have lambasted the concept of two separate forces in Juba. Alex de
Waal called the idea ‘insane
<http://www.bloomberg.com/news/articles/2016-04-26/oil-plunge-casts-doubt-on-south-sudan-s-plan-to-end-two-year-war>’,
(Bloomberg, April 27).

I will return to the question of two forces in a moment. But first, it is
important to understand the motivations of the parties for maintaining such
large numbers. For the SPLA-IO, the idea was a force sufficiently large and
equipped as to deter the SPLA from attacking IO leadership. For the SPLA,
the demilitarization of Juba was completely unacceptable on grounds of
sovereignty; the SPLA was not defeated, and had to remain superior both
numerically and in terms of its capability.

One does not have to accept the premises of either side; the point is that
this is what the parties believed and argued for at the time. Both
positions clearly tended towards greater, rather than lesser,
militarization in Juba.

Could IGAD have insisted on lower force numbers? Certainly, the mediators
could have fought harder on this issue.   But had they succeeded, it might
still have been a hollow victory: without any way to enforce compliance,
short of invading South Sudan and occupying Juba, the true challenge, we
all understood, would come in implementation, with the SPLA required to
withdraw a significant number of forces from Juba and environs.

In practice, the SPLA made it exceedingly difficult for the Ceasefire and
Transitional Security Arrangements Monitoring Mechanism (CTSAMM) to
conclusively verify that it was respecting the troop limits. There is still
no definitive answer as to how many government forces actually remain in
Juba. For his part, Riek Machar did not make things easy either, by
insisting on the bulk of agreed IO forces being present in Juba before he
would return.

Was the concept of two forces in Juba a mistake? It is perhaps obvious to
conclude so in light of what happened in Juba over the last week. But
consider the alternatives, then and now. Many of us within the mediation
advocated for a more complete demilitarization of Juba. As I wrote above,
the parties were not willing to accept this, and nobody, at the time, saw a
realistic means of enforcement.

The one force approach – an integrated army – was, in the short term, a
fantasy. It was, after all, the implosion of the presidential guard, a
force with rival loyalties, that started the war in December 2013. There is
also the instructive example of South Sudan’s prior attempts at
combined units, the Joint Integrated Units (JIUs), which in their time,
also failed so spectacularly; volumes have been written about the problems
of integration of the SSDF into the SPLA. Integration can be mandated;
trust in one’s fellow soldiers cannot.

The mediators had no illusions about what might happen in an environment of
mistrust and poor communications. Whether you are talking about a hundred
armed men or a thousand, incidents are likely to happen. However, it is not
the likelihood of incidents that is the critical factor. It is the
mechanism by which they are addressed. Both formal – the Joint Operations
Centre (JOC), which was to ensure the ‘avoidance of conflict between the
activities conducted by the security forces permitted to remain in Juba’,
and informal, more political, mechanisms never became meaningful, and it
was the absence of such mechanisms to address incidents, that, tragically
was, and remains, the real danger.

>From what we know so far, events in Juba seem to have followed this
trajectory all too closely – a series of smaller, but still serious
incidents occurred over the course of several days. These were managed
ineffectually and/or incompletely. The failure to extinguish these sparks
then leads to a conflagration, fuelled by a terrible combination of
incompetence and belligerence.

All of this is to say that nothing about what has happened in Juba was
inevitable. At multiple junctures, the course of events could have been
altered. Critiquing security arrangements now is to some extent to miss the
broader point, that the escalation of conflict does not happen by chance:
it is a policy decision.

*Ultimately, the transitional security arrangements did not work. So what
about the third party force option?*

The mediators were the first to propose a third party security force –
either led by the UN, the AU or IGAD itself – but this too was rejected by
the parties, and particularly the government, as an affront to
sovereignty.   I note this not to claim credit for the mediation as
originator of the idea; instead to show that the discussion is not new,
nor is the opposition to the concept. After IGAD, this too was a question
pondered at JMEC.

Now, are circumstances changed sufficiently to overcome the internal
political impediments?  Assume for a moment that the UN Security Council
and/or the AU Peace and Security Council are able to quickly authorize a
peace enforcement mission. The government of South Sudan would continue to
resist any foreign intervention, as it has consistently with the concept of
third-party force during the IGAD talks. Which returns to the question of a
coercive intervention, with all the perils that entails.

Even if the government could be somehow persuaded or pressured, even if the
circumstances changed to permit an intervention force in Juba, even if
regional troops were somehow available quickly enough, in sufficient
numbers, sufficiently equipped, the hard truth is that a political solution
would still be needed.

Yesterday’s call
<http://africanarguments.org/author/rachel-ibreck-naomi-pendle-alex-de-waal/>
of Alex de Waal, Naomi Pendle and Rachel Ibreck is sadly unrealistic: for
an AU-led ‘peace enforcement mission to ensure the demilitarisation of
South Sudanese towns and cities.’ Simply put, there are not enough soldiers
in East Africa to pacify every town, or even every major town, in South
Sudan. I can’t see an international military solution to what is
fundamentally both a political and a military problem.

*Politically, what next?*

Broadly, there are four courses ahead for the parties: for one or both to
conclude the agreement is dead and abrogate it, leading to war; for one or
both to use recent events to make permanent their escape from commitments
they never wanted (leading to the end of the agreement and probably
continuation of the first scenario); to engage in new negotiations outside
of ARCSS; or, to return, if only nominally and partially, to the
ARCSS framework.

My view is that for internationals to dismiss the agreement as irrelevant
or unsalvageable at this stage would only play into the hands of those
hardliners that seek continued military confrontation.  Juba was a wake-up
call, but those in Wau or Yambio or Torit are already seeing the
implications of warmongers gaining the upper hand.

The complete collapse of the Agreement at this point would be catastrophic,
with a new crisis of displacement, even more people going hungry, and any
idea of widespread reconciliation and reconstruction almost impossible for
the foreseeable future. This means, for the time being, that there still
need to be efforts to work with and engage Salva Kiir and Riek Machar, much
as I would love to join my friends in calling for both men to depart the
scene.

Why? Because, unfortunately, both men can make things a hell of a lot
worse, and, at this point, the conditions for a voluntary exit of either
man do not exist; nor do the conditions exist for a departure enforced by
the region or the AU.

The ceasefires declared on the evening of July 11 by Salva and Riek, which
have to date held, demonstrate that these two men still have influence,
power, and control over their forces. It may be an uneasy and temporary
respite; but that is still preferable to a full-blooded war. Yes, both men
are guilty of terrible things, by commission and omission. But both men are
only the most prominent of a much broader cast of political and military
actors, none of whom will disappear voluntarily. It might sound callous to
say that for this judgment to change, things would have to get much, much
worse, but that is the likely truth. Even then, the removal of a sitting
head of state is by no means a course of action that would be easily
pursued.

This too, is not a new discussion. In August 2014, the possibility of
excluding one or both men from power was raised, amongst regional heads of
state. After much discussion, they could only agree to exclude Riek, at
that time out of government and bearing the label of ‘rebel’. Such a
consensus could possibly be achieved again. But would that solve the
problem or bring peace? I wish it was that easy.

As deeply unhappy though we are with the cast of characters in leading
roles, it is precisely because South Sudan is stuck, for the time being,
with these men that the political arrangements which now hang by a thread
cannot be allowed to fail entirely. It is undeniable that the agreement has
flaws and that significant responsibility for those flaws rests with the
mediators, and therefore by extension with the IGAD member states. However,
looking to dismantle the agreement is easy. Focusing the blame on external
actors is also easy. If the transitional government collapses, and the
peace agreement becomes defunct, and another war becomes virtually
guaranteed, there may not be any quick way out.  Someone will try to pick
up the pieces in a future mediation in 2018 or thereabouts.

By then, we may all be resigned to South Sudan being yet another country in
permanent crisis, in permanent transition, and essentially unsolvable.

None of this is inevitable.  But it will take informed and rapid action –
both military and political – for further crisis to be averted.  If this
doesn’t work, South Sudan could be condemned to another generation of war.
It really is that bad.
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This entry was posted in South Sudan
<https://thoughtsonthesudans.wordpress.com/category/south-sudan/> and
tagged IGAD <https://thoughtsonthesudans.wordpress.com/tag/igad/>, Juba
<https://thoughtsonthesudans.wordpress.com/tag/juba/> on July 13, 2016
<https://thoughtsonthesudans.wordpress.com/2016/07/13/after-juba-july-2016/>
by thoughtsonthesudans
<https://thoughtsonthesudans.wordpress.com/author/thoughtsonthesudans/>. Post
navigation← Inclusive Peace Process for South Sudan Begins: Symposium
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3 thoughts on “After Juba, July 2016”

   1. *John Ayom* July 15, 2016 at 1:17 pm
   
<https://thoughtsonthesudans.wordpress.com/2016/07/13/after-juba-july-2016/#comment-357>

   Wonderful article but I strongly believe that 2 armies in the capital
   was an idea that was good in theory but unworkable in practice
   Reply
   
<https://thoughtsonthesudans.wordpress.com/2016/07/13/after-juba-july-2016/?replytocom=357#respond>
   ↓
   2. *Vinaigrette Girl* July 15, 2016 at 1:47 pm
   
<https://thoughtsonthesudans.wordpress.com/2016/07/13/after-juba-july-2016/#comment-358>

   Rather than aiming for a general principle as large as
   ‘demilitarisation’, would it not be reasonable to negotiate a much more
   basic application of peacemaking, which would be to agree a joint ban on
   any action from any side that kills women and children?

   The criterion is quite simple for *any* arms-bearer, which is to ask
   himself: “Will my actions be likely to cause the deaths of children and
   women?” and if the answer is “Yes” or “Very likely” or any of the versions
   of “yes/very likely” then he stops and finds some other way to address his
   grievance.

   It’s very easily understood, this criterion. For all the talk from
   political voices about how awful it is that women do all the work and take
   all the pain of [South] Sudanese wars, along with their innocent kids, this
   most direct of disciplines never makes an appearance in any agreement.

   If opposing forces want to duke it out between themselves, far away from
   innocent and uninvolved children and their mothers and sisters and aunties
   and grannies, then perhaps they can’t be stopped. But in the meantime, it
   should be possible to implement an absolute ban on anyone murdering the
   innocent, no matter what the politics of the situation are.

   Both the SPLA and the IO and their factions could put this through their
   command system and they could enforce it, if they decided to have just
   enough backbone to act with some basic sense of military honour.

   Somewhere along the line innocent lives have to be valorised and a stick
   needs to be put in the spokes of the wheel of vengeance. Why not this, now?
   Reply
   
<https://thoughtsonthesudans.wordpress.com/2016/07/13/after-juba-july-2016/?replytocom=358#respond>
   ↓
   1. *thoughtsonthesudans <https://thoughtsonthesudans.wordpress.com/>* Post
      authorJuly 15, 2016 at 3:15 pm
      
<https://thoughtsonthesudans.wordpress.com/2016/07/13/after-juba-july-2016/#comment-359>

      The permanent ceasefire, which is part of the agreement, prohibits:
      actions that may impede or delay the provision of humanitarian
assistance,
      or protection to civilians, and restrict free movement of
people; acts and
      forms of sexual and gender-based violence, including sexual exploitation
      and harassment; recruitment and/or use of child soldiers by
armed forces or
      militias in contravention of international conventions; offensive,
      provocative or retaliatory actions such as dissemination of hostile
      propaganda, unauthorized recruitment, mobilization, redeployment and
      movement of forces and any other activities that may jeopardize the
      agreement; and acts of hostility, intimidation, violence or
attacks against
      the civilian population. As you say, it is an issue of enforcement,
      internal discipline and command.

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