Testimony of Ezekiel Lol Gatkuoth before the TLHRC

Honorable Co-Chairman Frank R. Wolf, Honorable Co-Chairman James P. McGovern, and
Members of Tom Lantos Human Rights Commission, thank you for organizing this Hearing
at this important juncture in Sudan’s history and in the quest for peace and stability through
the full implementation of the Comprehensive Peace Agreement (CPA), and thank you for
inviting my testimony.

Since its inception in 1983, the SPLM Vision was and continues to be that of a new Sudan
built on a new basis. A Sudan unlike the old Sudan, that is based on equal citizenship
regardless of race, religion, ethnicity or gender, where all citizens share rights to equitable
political, social, economic and cultural development. A Sudan built on the historical
diversity of its peoples and experiences, and one that accords its citizens the right to self-
determination.

This vision was and is still a vision of transformation, for after 42 years of war in a span of
54 years, the fact remains that the only way for Sudan to be at peace with itself, the region
and the world, is by the democratic transformation of its systems of governance, and the
steering of its political and cultural dispensation towards acceptance of its realities and the
diversity of its people.

This vision of transformation is in large part embodied in the 2005 accord, the CPA. The
gap that exists between what was envisaged by the SPLM and what was ultimately agreed
upon is mainly because of concessions made in the spirit of compromise that governs
mediated negotiations of peace settlements. However, the main drive towards the
democratic transformation of Sudan remains intact. Its elements are enshrined in the
conditions of the implementation of the CPA and consequently in the Interim National
Constitution of the Sudan and the provisions of the CPA implemented thus far.

The National Congress Party / National Islamic Front (NCP/NIF) by signing the CPA, had
committed itself to: the principle of peace through the democratic transformation of the
Sudanese Government and State apparatus at all levels, even through a general elections; the
right of self-determination for the people of Southern Sudan and Abyei; and the right to
popular consultation for the people of Nuba Mountains and Blue Nile.

However, four years into the interim period, the deliberate non-compliant and obstructionist
posture of the NCP with regards to some of the CPA’s most transformative and significant
provisions represent a great obstacle to the achievement of peace, and is a dangerous
abandonment of the partnership with the SPLM that requires a shared commitment to the
spirit and letter of the CPA. This is a perilous trend that makes the threat of war – an all
encompassing war that is likely to ignite throughout the marginalized areas of Sudan, a much
more realistic possibility than that of the promise of peace through transformation.

I will not attempt to list out all the unimplemented provisions of the CPA, but rather refer
you to the Mid-Term Evaluation Report of the Assessment and Evaluation Commission

(AEC) which chronicles about 35 recommendations for the parties (the NCP and the SPLM)
to be in compliance with the CPA. It is worthy to mention here, however, the AEC
highlighted the following as “critical for the sustainability of the CPA and unity
arrangements” – the resolution of Abyei; the North-South Border demarcation; preparations
for the 2010 elections and democratic transition; preparation for the 2011 Referendum, and
Post Referendum; and Security Sector Reform, mainly Joint Integrated Units (JIUs) and
Disarmament, Demobilization and Reintegration (DDR).

Human rights abuses during the Sudanese Civil war are documented and can summed up in
mentioning the 2.5 million dead and 5 million displaced through direct bombardment and
military action, and mainly through the proxy militias used by the government to kill, rape
and displace civilians, and who also employed tactics such as the deliberate poisoning of
water sources and burning of crops. In addition to that, there were the countless inhumane
methods used by the State and its proxies to discriminate against and exploit those who are
forced into displacement residing in other parts of the country, and strip them from their
citizenship rights, basic human rights and dignity.

It was the belief of the SPLM that human rights abuses would subside after the signing of
the CPA, because of the countless measures it provides for the safeguarding of the rights of
all the citizens of Sudan. However, because of the control the NCP continues to refuse to
relinquish over the state apparatus, especially the national security organs, and its refusal to
allow the liberalization of the National Security Act and the removal of Media Censorship,
many citizens have been subjected to unlawful harassment, arrest, and or detention for long
periods of time without due process and for reasons of political suppression and disregard to
freedoms of speech and assembly. Moreover, the rights of Non-Muslims in the capital city,
especially Non-Muslim women who don’t comply with the Muslim dress code, is
continuously curtailed and abused with impunity.

In Southern Sudan, there have been three incidents (of many others) I will mention here,
that were in stark violation of the CPA and have led to massive loss of life and countless
human rights abuses. These are the Malakal Incidents of 2007 and 2009 and the Abyei
Incident of May 2008. Firstly, these incidents were as result of the failure of the DDR,
although completed in the South, to hold, mainly because of the continuous rearming of
civilians and proxy militias by the NCP deployed within the borders of Southern Sudan to
create instability and conflict. Secondly, it is a result of the lack of the integration and joint
training of the JIU components of the Sudanese Armed Forces (SAF) and the (Sudanese
People’s Liberation Army (SPLA), to become the nucleus of the future Army of a united
Sudan, as envisaged by the CPA.

The JIUs were to be funded by the Government of National Unity (GONU), but to date, no
funding has been disbursed for that purpose. Furthermore, the SAF component of the JIUs
is problematic because it is mainly made up of militias used by the NCP during the civil war,
now usurped into SAF.

In keeping with the dangerous trend of the destabilization of the South, and in an attempt to
rally support against the conduct of the referendum, the NCP has intensified its arming of
civilians and groups hostile to the Government of Southern Sudan, and especially those
hostile to the SPLM, in order to instigate conflict and create instability. There have been

prevalent incidents in Southern Sudan, the Nuba Mountains, Blue Nile, and surprisingly in
even in Southern Kordofan, leading to confrontation with local law and order agencies, and
or armed civilians, and that leads to loss of life.

In regards to Darfur, it is essential that we acknowledge the fact that since peace is
indivisible, the conflict in Darfur is in contradiction to the principles of the CPA which is
embedded in the Interim National Constitution of Sudan.

There have been considerable human rights abuses, human loss and displacement since the
recent Darfur conflict begun in 2003. The people of the United States have to be
commended for raising the voices in solidarity with the people of Sudan in Darfur.
However, there is a need for all to realize that the conflict in Darfur is a political problem
that could only be solved with a political resolution, and the CPA provides the model that
would address the root causes of the conflict in Darfur. Additionally, the CPA provides the
instruments of democratic transformation that, if there is a cessation of hostilities in Darfur,
could begin to address the base of the problems of marginalization, i.e. the upcoming
elections of 2010.

There is an important link between the CPA and Darfur, the developments in and around
the issues of Darfur have political implications for the CPA and the obstruction of the
implementation of the CPA leaves no hope for a peaceful resolution to Darfur.

The SPLM and the people of Southern Sudan are in solidarity with the cause and suffering
of the Darfuri people. That is why the SPLM is committed to playing the role afforded to it
by history and experience to unite the movements of Darfur to a small number that would
have a consolidated position for peace in Darfur. We have made considerable progress in
this endeavor and are seeking the support of the international community members who are
committed to peace in Darfur.

The United States of America, the Trokia (United States, United Kingdom and Norway), the
Inter-governmental Agency for Development (IGAD) and other Countries witnessed,
engaged in the process negotiations of, and signed as guarantors, the CPA. The United
States played a pivotal role especially in the deadlocked issue of Abyei, making it possible for
the CPA to be signed. It is important that the international community and the US
especially understand that peace in Sudan is of strategic interest to them, because of its
regional, continental, and global importance, and because of the implications that resumed
conflict would bring to the fore. Peace is indivisible, and war knows no boundaries, and so,
the only way for peace to be achieved in Sudan is through the democratic transformation of
the country’s system of governance, which is possible only through the full implementation
of the CPA.

There is a need for the recommitment of the parties to the spirit and letter of the CPA, first
by restoring some confidence and trust between themselves as partners by taking good faith
measures to address some issue of great concern to the other party; and second by working
towards fulfilling the ‘making unity attractive’ objective of the CPA through fostering North-
South links and projects of development along the North-South Border. As it stands today,
unity has not be made ‘attractive’ for the people of Southern Sudan, and the people of
Abyei. According to the National Democratic Institute’s (NDI) reports on its focus group

research in Southern Sudan and the three areas, it is forecasted that 90% of Southern Sudan
would opt for secession, and the people of Nuba Mountians and Blue Nile in overwhelming
numbers confuse the right to popular consultation with the right to self-determination.

The upcoming 2010 elections will be a major indicator of the future of Sudan. It is also an
opportunity for ‘making unity attractive’. Therefore, it is crucial that the two parties commit
themselves to the conduct of a free and fair general election on the dates set by the National
Elections Commission; and for the National Elections commission and all of its instruments
to be supported and funded to conduct all necessary preparations on a timely fashion. The
GONU should fulfill its Elections financial responsibilities per the CPA, and the
international community should avail the resources it had pledged for elections support.

The resolution of the census dispute is of paramount importance to the conduct of
elections, for which the parties with the help of the international community must work
earnestly and expeditiously to reach.

In conclusion, the malady of Sudan since independence is not only that it is a nation state
because of a border imposed on its peoples and nations, but also because of an installed
government that doesn’t reflect its peoples’ diversity, represent their aspirations, or serve
their interests, nor did it ever attempt to do so. Alternatively, the state discriminated against
its newly found citizens in policy and action and chose to suppress their valid claims to
equity of political and cultural representation, and socio-economic development, by extreme
force and genocidal tactics and wars.

Therefore, the process of ‘making unity attractive’ is important to the spirit of the right to
Self-determination reflected in the CPA, because only then will the people of Southern
Sudan have two viable choices one of a united Sudan under new basis, and the other of a
separate nation-state. It is imperative that the unity that has not been made attractive in the
last 4 years of the interim period of the CPA, be made attractive, otherwise, the people of
Southern Sudan will have only one option, to opt for secession, choosing to build a new
state that would fulfill their quest for a transformed governance system; equity of citizenship,
political representation, and socio-economic development; and respect for their basic human
rights.

It is imperative that while a serious attempt to ‘make unity attractive’ is undertaken, the
parties to the CPA and the international community led by the United States, IGAD and the
Trokia commit themselves the timely conduct of the referendum and to respecting its
outcome, whatever it is. It is also important that the parties and the international community
envisage the post-referendum challenges and opportunities – especially across the oil and
security sectors; political issues like border access right for nomads and seasonal migrants;
economic issues like national assets and debts; and international issues like treaties around
the Nile water – and begin to set plans to address them.

Sudan is at cross-roads; one road would lead to either a united New Sudan on a new basis, or
two democratic nation-states, and another would lead to war and devastation with major
regional and international implications.
It is up to the two parties and the Sudanese people to decide what is to become of Sudan
and the help and engagement of the international community is crucial during the next few
months to come.