Milestone US legislation on Sudan

By Steve Paterno

October 3, 2010 — The US Congress is introducing landmark legislation on Sudan, in an effort to increase its engagement in Sudan. The Sudan Peace and Stability Act of 2010, introduced in US senate by Sen. John Kerry, Chairman of Senate Foreign Relations Committee, has a bipartisan cosponsors including Sen. Russell Feingold (D-WI ), Sen. Dick Durbin (D-IL), Sen. Sam Brownback (R-KS) and Sen. Roger Wicker (R-MS).The bill is expected to gain more support within the congress and is projected to be passed into law during the lame duck session of the congress, before January of 2011.

The Sudan Peace and Stability Act is to reaffirm the US administration strategic policy on Sudan. Much of President Barack Obama’s administration so-called “Sudan: A Critical Moment, A Comprehensive Approach” remains a classified document, often summarized to the public in terms of “carrots and sticks,” or in words of Secretary of State Hilary Clinton it is “a menu of incentives and disincentives.” However, the current legislation under consideration by the congress clearly outlines the policy position as well as it provides specific prescriptions to the problems facing the Sudan.

The incentives included in the bill, which is an offer to Khartoum regime, consist of normalization of relationship, trade, investment, and debt relief. Nevertheless, Khartoum must first accomplish a host of conditions set in benchmarks; must provide full humanitarian access in Darfur, commit in resolving Darfur conflict, and adhere to full implementation of Comprehensive Peace Agreement (CPA), specifically the conduct of referenda on time and the resolutions of post referenda issues. Otherwise, Khartoum risks more tougher multilateral sanctions, restriction of movements against individuals responsible, blockage of assets as well as international isolation and arms embargo.

For peace, justice, and reconciliation to prevail in Darfur region, the bill points to the war crimes, crime against humanity and genocide carried out by the regime in Khartoum, and acknowledges the indictment of President Omar al-Bashir. It then goes to declare that the US policy is to “support international efforts, including those of the International Criminal Court, to bring those responsible for genocide and war crimes in Darfur to justice.” Advocating on behalf of International Criminal Court shows a significant departure in US foreign policy, which has never previously backed the International Criminal Court as it enacts into law a provision in full support of the court. This also shows the level of US commitment in trying to resolve the conflicts in Sudan.

The bill also calls for US to maintain the position of a Special Envoy as well as to establish a new position of a full-time senior official who will assist with resolving the conflict in Darfur. The objective is to “create a more democratic, accountable, and inclusive government in Sudan that respects human rights, protects civil liberties, and contributes to peace and stability in the region.”

As to South Sudan, this legislation affirms the current US undertaking in that semi-autonomous region, even though the bill also adds additional measures to what the US is already doing. From the onset, the US anticipated the South to declare independence. The US has shown willingness to support the emergence of new African nation of South Sudan. In anticipation of independence, the US is already deploying a troop of diplomatic corp in South Sudan in what a top US official in Sudan calls “Juba Surge.” The appointment of Ambassador Princeton Lyman, a well-experienced diplomat with significant African affairs credential to join team with US Special Envoy Gen. Scott Gration is just one of the evidences of Juba surge. As such, the Sudan Peace and Stability Act, calls for accelerated “plans for construction on additional or expanded facilities and other housing for personnel to support an enhanced United States diplomatic and development presence and to allow for expanded deployment of personnel.” The aim of Juba surge is to mobilize resources, build South Sudan capacity, and maintenance of stability.

The US, however, acknowledges lack of transparency, mismanagement of resource, lack of accountability and the issue of insecurity in South Sudan, particularly the ethnic violence as the most challenging factors for effective governance in South Sudan. Corruption has been one of the biggest issues that South Sudan is facing. Resource management is a nightmare and service delivery is slow in running. Dennis C. Blair, the US Director of National Intelligence actually testified in February of this year to a Select Committee on Intelligence of the Senate by identifying South Sudan as the area in which “a new mass killing or genocide is most likely to occur.” In recent years, South Sudan has witnessed an upsurge in ethnic violence. The situation can further be complicated and it will eventually deteriorate with escalation of South-North tension.

Therefore, US legislation calls on government authorities in South Sudan to “demonstrate a commitment” in improving resource management, transparency, accountability, and service delivery. Even though US is showing commitment in building South Sudan security force, police and judiciary, the bulk of the task for general improvement of the security situation remain to be accomplished by South Sudan government and people.

The US engagement in Sudan, South Sudan, in particular seems to be for the long haul. With South Sudan standing as a potential area of investments in oil, agriculture and infrastructure, both the US and an independent South Sudan may benefit from a long mutual strategic relationship. At least, the US will become an alternative investor to China in that region. Nevertheless, for any such mutual benefits to occur, South Sudan must first become an independent nation, an undertaking that the US must wholly work for and support.

Steve Paterno is the author of The Rev. Fr. Saturnino Lohure, A Romain Catholic Priest Turned Rebel. He can be reached at [email protected]