Testimony of John Prendergast at the Senate Foreign Relations Committee Entitled 
'Sudan: Peace But at What Price?'


      
     
International Crisis Group (Brussels)

DOCUMENT
June 15, 2004 
Posted to the web June 16, 2004 

John Prendergast


Thank you for holding this urgently needed hearing on the complex crisis in Sudan. 
While precious time has been lost, it is not too late to put forward concrete actions 
that could prevent the needless deaths of hundreds of thousands of Sudanese, and to 
conceive a much more comprehensive diplomatic strategy that might bring peace to this 
long-tortured country.

Today, Sudan is three crises in one. This means that any response has to be more 
complex and nuanced than what might have been believed six months ago:

        
* The first crisis is the longest running, the 21 year war between the government of 
Sudan and the Sudan People's Liberation Movement/Army (SPLM/A), which has resulted in 
two million deaths and a structural humanitarian emergency.

* The second crisis is that wrought by the Sudanese Government's support for the 
Lord's Resistance Army (LRA), a northern Ugandan insurgency that has wreaked havoc on 
both southern Sudan and northern Uganda for years, resulting in the highest rate of 
child abductions in the world, among other depredations.

* The third crisis is the most immediate and urgent human rights and humanitarian 
disaster in the world today... the unfolding evidence of conditions of genocide in 
Darfur.

On the first crisis, a peace deal between the government and the SPLM/A may be 
imminent, but that will only signal a new phase of negotiations and challenges. Every 
step of the way in the implementation process will be undermined by elements in 
Khartoum opposed to the peace deal, and will be challenged by policy incoherence and a 
lack of capacity on the part of the SPLM/A. Militias -- including the LRA -- will 
continue to be used by elements of the ruling party to undermine cohesion in southern 
Sudan, especially around the oilfields. The U.S. must be ready and willing to continue 
its deep involvement in the peace implementation process. Providing funding for a 
peace observation mission is a necessary but insufficient role. Additional 
reconstruction resources must be found, diplomatic and intelligence capacities must be 
committed, and willingness to confront efforts to undermine the implementation process 
must be made clear.

On the second crisis, after well over a decade of death and destruction caused by the 
LRA, there still remains no coherent international strategy to respond to this 
tragedy. The U.S. should work with the Ugandan government and other interested actors 
in crafting such a strategy, which in the first instance must seek an end to all 
Sudanese Government support and safe haven for the LRA.

I will focus the remainder of my testimony on the third crisis: Darfur.

Vague pronouncements by the G-8 and UN Security Council cannot obscure the fact that 
the existing global effort to prevent the onset of famine and vast loss life in Darfur 
is grossly inadequate. Continued stonewalling by key members of the UN Security 
Council from Europe, Africa and Asia has ensured that the world's highest 
collaborative body fiddles as Darfur burns.

The current approach to preventing famine and further atrocities simply will not 
succeed.

Although there are fancy charts and graphs that can now track the dying months in 
advance, and millions of new dollars pledged in the Geneva donors conference earlier 
this month, there is no overall strategic plan for preventing a killing famine and 
bringing a comprehensive peace to Sudan. The world is still reacting, still behind the 
curve of this slowly evolving disaster.

To prevent the deaths of tens, perhaps hundreds of thousands of Sudanese, there needs 
to be an immediate humanitarian surge in the delivery of relief assistance in order to 
break the back of the impending famine. This surge needs to be supported by adequate 
numbers of monitors, by actions to increase U.S. and multilateral leverage, and by a 
robust diplomatic initiative to end the interrelated wars in Darfur, southern Sudan 
and northern Uganda.

I. Is it Genocide? 

It is appalling that we have been reduced to semantic debates about whether the 
situation in Darfur is ethnic cleansing or genocide. The Genocide Convention prohibits 
actions "calculated to bring about the physical destruction of groups in whole or in 
part", and compels signatory states to act to prevent them. In ICG's judgement, the 
situation in Darfur more than satisfies the Genocide Convention's conditions for 
multilateral preventive action. But even if argument continues about whether this is a 
case of actual or potential genocide, it cannot be contested that in Darfur a large 
section of Sudan's population is alarmingly at risk, that the Government of Sudan has 
so far failed comprehensively in its responsibility to protect them, and that it is 
time for the international community, through the Security Council, to assume that 
responsibility.

This is not Rwanda of 1994, a country to which very little attention was being paid. 
Sudan has been at the top of the Bush Administration's radar screen since it came to 
office. It is not credible to say now that we did not know what was happening. Over 
the past year, Darfur has been Rwanda in painfully slow motion.

II. The Present Situation 

The humanitarian situation is worse than is still generally appreciated, due to 
ongoing state-sponsored violence, layers of aid obstruction, the lack of an overall 
humanitarian strategic plan, and the weakened state of displaced Sudanese.

There tends to be an assumption that because the Government of Sudan has finally begun 
to act on promises to grant a higher level of access, the numbers at risk will be 
dramatically reduced. That is not accurate. The government has provided access much 
too late, IDPs and refugees have been displaced for long periods, they are in terribly 
weakened states, they are subject to sexual abuse and attack, they do not have 
shelter, their encampments lack latrines and are horrendously overcrowded, and it is 
now raining in southern and western Darfur. Infectious diseases and dysentery will 
drive up the body counts rapidly. And the Khartoum government, its use of food as a 
weapon well honed by years of practice in the south and Nuba Mountains, continues to 
apply layers of obstruction - for example, by instituting long delays in customs 
clearance of relief supplies, and insisting that only Sudanese trucks can be used in 
the delivery of such supplies.

Conventional responses are simply inadequate to prevent rapidly increasing mortality 
rates, and the current response will fail unless buttressed by a number of bold and 
urgent actions.

Compounding the problem, in our judgment, is that the numbers of at-risk civilians 
will continue to increase. The Janjaweed continue to undertake attacks against 
villages, prey on internally displaced persons (IDPs), and obstruct aid activities: it 
cannot be assumed that the centrally-directed ethnic cleansing campaign is over. The 
Janjaweed are being integrated into the army and police; no one has been charged with 
any crime, and their actions are not being challenged. There remains a state of total 
impunity. It is absolutely critical to demand that Khartoum take action to curtail the 
impact of the Janjaweed, to disarm them, to disband their headquarters, and to begin 
to charge those responsible for war crimes. All this must aim to reverse in full the 
ethnic cleansing campaign that has occurred over the last year.

III. What Must be Done 

In order to fully confront the multifaceted crisis in Sudan, we need to push the 
envelope of response further than it has been pushed before. The U.S. must work 
multilaterally as much as possible, but be prepared as a last option to work 
unilaterally when others continue to bury their heads in the sand. European, African 
and Asian members have obstructed more assertive action by the UN Security Council, 
while the U.S. has been unwilling to date to expend diplomatic capital to help sway 
these countries towards a more robust posture.

In the first instance, nothing could be more effective than working through the UN 
Security Council to immediately pass a Darfur-specific resolution that comprehensively 
responds to the present emergency and lays the groundwork for sustainable peace. This 
Security Council resolution should endorse actions that would prevent starvation, stop 
further fighting and atrocities and press for a negotiated peace - while warning of 
possible further coercive measures should these objectives be resisted.

More broadly, the U.S. Congress and the Bush Administration should work through the UN 
Security Council and unilaterally toward the following urgent, interrelated objectives:

A. In Order to Prevent a Killing Famine: 

* Public Condemnation: The U.S. through the UN Security Council and directly should 
strongly and publicly condemn the various layers of obstruction that the Sudan 
government currently employs to delay the delivery of relief assistance. We need only 
note the Khartoum government's fifteen year track record of ceasing unacceptable 
activity only when it becomes the source of public condemnation and exposure. With 
this amount of empirical evidence to support the need for public and assertive 
pressure, anyone arguing for quiet diplomacy and constructive engagement at this 
juncture would be providing political cover for the government's atrocities.

* Surge Capacity: Working with the European Union and other donors, the U.S. should 
expand the existing capacity for emergency relief deliveries to the internally 
displaced in Darfur and refugees in Chad to meet the growing humanitarian need. This 
will require additional resources for securing urgently needed non-food items and the 
capacity to deliver those items. There is a need to establish immediately a surge 
capacity through the utilization of both civilian and military assets in the region - 
recognizing the particular value of European Union and U.S. military assets, 
especially airlift capacity - that would allow for short-term, front-loaded increases 
in deliveries that address deficiencies and gaps in food, medicine, clean water, 
sanitation, and shelter.

* Humanitarian Monitoring: The U.S. and EU should work with the UN to support a large 
increase in the number of WFP, UNICEF, and NGO monitors that are allowed into Darfur 
to oversee the relief effort and should provide them adequate security;

* UN Leadership: President Bush should request the UN Secretary General to take the 
lead personally in efforts at humanitarian diplomacy.

* Chapter VII Planning: In the event full access is denied, Janjaweed attacks 
continue, and mortality rates escalate, the U.S. should accelerate contingency 
planning for using military assets to protect emergency aid and Sudanese civilians. 
The U.S. should work through the UN Security Council to request a UN Department of 
Peacekeeping Operations assessment of possible scenarios and define operational plans 
for guaranteeing humanitarian relief and protection of civilians through the 
deployment of sufficient civilian and military forces under Chapter VII authority -. 
Such a deployment would seek to take control of, stabilize and protect IDP camps in 
Darfur, and create a logistical pipeline to deliver assistance to these camps.

B. In Order to Stop Further Fighting and Atrocities: 

* Janjaweed Control: The U.S. should work through the UN Security Council for 
multilateral condemnation of the Sudanese Government's support for Janjaweed militias 
through direct assistance, provision of barracks, supply of arms, etc. The Security 
Council should demand that the Government of Sudan arrest Janjaweed commanders who 
continue attacking villages and IDPs, and immediately demobilize and disarm the 
Janjaweed militia. If this does not occur, Chapter VII authority should be sought to 
disarm and demobilize the Janjaweed.

* Human Rights Monitoring: The U.S. should work through the UN Security Council and 
the UN Human Rights Commission for the immediate deployment of UN human rights 
monitors in Darfur.

* Ceasefire Monitoring: The U.S. should support the African Union and the parties to 
the Darfur conflict to negotiate a substantial increase in the number of ceasefire 
monitors and work with the EU and other donors to fully resource these monitors.

* Satellite Imagery: The U.S. should share its satellite imagery with the UN Human 
Rights Commission and the UN Security Council, as well as collaborate in more closely 
tracking the activities of the Janjaweed and other government military assets that are 
attacking villages or IDPs. Such imagery could also reveal any ceasefire violations by 
any party to the conflict.

* Reversal of Ethnic Cleansing: The U.S. should work through the UN Secretary General 
to initiate a process now to determine the conditions which would enable the safe, 
secure and sustainable return of the victims of ethnic cleansing under international 
guarantees, support and control.

C. In Order to Press for Sustainable Peace: 

* Comprehensive Peace Strategy: There must be a coordinated diplomatic strategy to end 
the three interrelated wars in south/central Sudan, Darfur, and northern Uganda. This 
requires a rapid conclusion to the comprehensive agreement between the government and 
the SPLM/A, the construction of a credible process to settle the conflict in Darfur, 
and the development of a strategy to end the crisis created by the Lord's Resistance 
Army in northern Uganda and southern Sudan. Leaving behind any one of these will 
undermine the entire effort to achieve peace in Sudan.

* Peace Envoy: Now that Senator Danforth has been nominated to be U.S. Ambassador to 
the UN, President Bush should move rapidly to name another Special Envoy for peace in 
Sudan. Such an envoy should be tasked to work full time and simultaneously on all 
three conflicts bedeviling Sudan, and should be given the necessary resources to carry 
out the mission.

* Negotiations Structure: The direct negotiations between Sudanese Vice President Ali 
Osman Taha and SPLM/A Chairman John Garang were instrumental in moving that peace 
process forward. The Darfur and LRA efforts should utilize this relationship in 
seeking a rapid end to those crises.

The U.S. must make clear that if Sudan does not provide full humanitarian access, 
neutralize the Janjaweed, and move forward on peace efforts, the imposition of 
targeted sanctions (travel restrictions and asset freezes) will be authorized against 
those officials responsible for the atrocities. Ruling party companies with which 
these officials are associated should also be targeted. Further, the U.S. should work 
through the UN Security Council to make clear that such intransigence would also lead 
to the imposition of an arms embargo and the deployment of an international commission 
of inquiry or a high level panel to investigate the commission of war crimes in 
Darfur, a necessary prerequisite for the establishment of a future mechanism of 
accountability.

IV. What the United States Congress Can Do 

All the actions outlined above may not be practical in conventional circumstances. But 
with two million already dead as a result of the government-SPLM/A war and hundreds of 
thousands more at risk today in Darfur, circumstances in Sudan require unconventional 
responses.

If the Bush administration continues to debate internally about what to do, certain 
European countries remain reserved due to tactical and commercial considerations, and 
the UN Security Council remains muzzled by the reservations of a few members, then the 
U.S. Congress should provide desperately needed leadership.

We should not forget that it was Congressional pressure that provided the impetus for 
the U.S. to stop the slaughter in Bosnia, confront apartheid in South Africa, and 
countless other cases of Congressional leadership. Historically, Congress has been a 
major force in helping administrations find their better angels.

The Senate should demand that the Bush administration develop a much more robust and 
comprehensive multilateral strategy to break the back of the emerging famine in Darfur.

The Senate should urge President Bush to name a new Special Envoy whose brief is more 
operational than Senator Danforth's and more comprehensive, in order to deal with all 
three conflicts plaguing Sudan.

                  Relevant Links 
           
                  East Africa 
                  North Africa 
                  United States, Canada and Africa 
                  Aid 
                  Sudan 
                  Humanitarian Abuses and Civilians 
                  Civil War and Communal Conflict 
                 
           
     
The Senate should pass the House version of its Sudan resolution, which calls for 
targeted sanctions against senior Khartoum officials, and ensure that the resolution 
language on targeted sanctions is in forthcoming Authorization and Appropriations 
bills. The Senate should also look for other ways to introduce accountability into the 
discussion of what to do about Sudan, in order to confront the continuing genocidal 
actions of the Janjaweed and its supporters in the Sudan government, as outlined above

The best way to end this tragedy is to bring home the costs of the atrocities in 
Darfur to the Sudanese officials who are directing them

 The Mulindwas Communication Group
"With Yoweri Museveni, Uganda is in anarchy"
            Groupe de communication Mulindwas 
"avec Yoweri Museveni, l'Ouganda est dans l'anarchie"


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