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The East African : Sep 8th 2014
14 PEACE IN SOUTH SUDAN Igad ‘forces’ protocol on Kiir and Machar to resolve political crisis Mediato≥s decided that they had been taken ≥ound in ci≥cles fo≥ too long By FRED OLUOCH Special Correspondent D r Riek Machar appears to be the biggest loser in the proposal on transitional government of national unity in South Sudan of August 25. His campaigns to have Pres- ident Salava Kiir step aside have been thwarted with The Protocol on Agreement Principles on Transition Arrangements Towards Resolution of the Crisis in South Sudan. President Kiir appears to have gained much in the transitional government arguments since he remains the Head of State and commander-in-chief and will have great influence on who becomes the prime minister, to be appointed by the SPLM/A in Opposition, according to the protocol. It provides that the prime minister to be appointed by the Opposition must be acceptable to the president, work harmoniously with the president and will not be eligible to stand for any public office in the national elections. This provision is a major blow to the opposition given that the president and the vicepresident will be allowed to contest the next elections after 30 months of transitional government. The Inter-Governmental Authority of Development (Igad) had given the warring parties 45 days from September 16 to agree on the protocol but SPLM/A in Opposition leadership argues that it was a strange document imposed on them and it can only work if it is presented for discussion when the talks resume in Addis Ababa on September 16. The SPLM/A in Opposition spokesperson, James Gatdet Dak, in an exclusive interview with The EastAfrican said that the document did not discuss the root cause of the crisis and that simply suggests that President Kiir and Dr Machar get back together and yet the two have been in the same government and differed on fundamental principles. “The committees were busy discussing key issues such as of governance, security arrangements and wealth-sharing but all of a sudden, Igad came up with a strange document that was not discussed and which cannot form the basis of a last- The EastAfrican NEWS SEPTEMBER 6-12,2014 All ≥egions to sha≥e intelligence and a≥≥ests TURN FROM PAGE 13 can Arrest Warrant, based on the European Arrest Warrant, which will require member states to arrest and transfer a terror or criminal suspect to the issuing state for prosecution or sentencing. By removing the political and administrative bottlenecks associated with bilateral extradition treaties, the African Arrest Warrant will fast-track the process of surrendering people from one African country to another to face trial or serve a sentence. The Africa Arrest Warrant is expected to be in force by 2015. But while the arrest warrant President Yoweri Museveni (left) and Ethiopian Prime Minister Hailemariam Desalegn, (third left) with South Sudan President Salva Kiir and Riak Machar during the 26th Extraordinary Summit on Southern Sudan in Addis Ababa, Ethiopia. Looking on is Kenya’s DP William Ruto, Picture: File ing peace,” said Mr Dak. The spokesperson who was visiting Nairobi maintained that his side remains committed to the peace negotiations but will not accept the document as currently constituted and if Igad is determined to impose their own solutions on the parties, then the fighting is likely to continue. In the past month, Igad and Troika countries, especially the US, have tended to single out Dr Machar as the source of conflict, which is likely to push the rebels farther away from a negotiated future of South Sudan to one that will be decided on the military field. Sources in Addis Ababa told Igad came up with a strange document that was not discussed and which cannot form the basis of a lasting peace..” James Gatdet Dak The EastAfrican that Igad mediators decided that they had been taken round in circles for too long and they had to impose some sort of solution to the nine months conflict. However, Dr Machar has made significant gains in the protocol that empowers the transitional government to oversee the permanent constitutional reforms based on the principle of federalism and to devolve more powers to the 10 states. Federalism was Dr Machar’s idea on how to solve the political crisis and ensure equitable distribution of resources, but President Kiir has been strongly opposed to the idea of federalism on grounds that it will lay the foundation for secession and splinter of the young country into several regions. While the debate over fed- eralism has gained currency in the entire South Sudan, President Kiir recently criti- THE DRAWBACKS According to political analyst Jervasio Okot, the protocol’s weakness is that it simply follows the principles of the 2005 Comprehensive Peace Agreement, which left Juba and Khartoum to solve the outstanding issues of Abyei, border demarcation, citizenship, security arrangements and cised the leaders of the larger Equatoria state for pushing for federalism, accusing the region of supporting the rebels’ cause and asked where the Equatorians were in 1947 when South Sudanese were discussing the issue of federalism. Mr Dak says that they had proposed federalism to accommodate different interests in South Sudan, but apart from that, the document has not addressed the fundamental differences between President Kirr and Dr Machar. “The problem started when Dr Machar and other party members demanded democratic transformation of the country and the issue of ethnicity. But Kiir was of the opinion that there is no need for reforms,” he said. The protocol’s main thrust is more about preserving President Kiir in power and giving Dr Machar the crumbs in a take-itor-leave it kind of scenario. President Kiir has also gained in that his term that was supposed to end in April 2015, has been extended by nearly one and half years given that the transitional government will last for two and a half years. Analyst say that President Kiir wealth sharing without an oversight. “The experience between South Sudan and Sudan has shown that if the two parties are left alone to solve the crisis without structured mechanism for ensuring that the timelines are respected, then the crisis is likely to drag on for a long time,” he said. is likely to be emboldened by the protocol’s affirmation of his argument that he has the mandate of the people having been democratically elected and pressure for him to step was akin to rewarding rebellion and deviating from the democratic principles of changing a government. The country as whole how- ever is likely to gain from the proposal for the transitional government to undertake comprehensive institutional reforms in the security sector, institute accountability and efficiency in the public financial management that has been a key factor in the conflict. But both President Kiir and Dr Machar have lost in their ultimate goal to have a military solution to the crisis as no side is strong enough to vanquish the other. Secondly, the two risk being indicted for crimes against humanity, given that the protocol states that individuals found to have committed war crimes and other crimes against humanity as identified by the African Union Commission of Inquiry will face prosecution and will not be allowed to participate in the transitional government. system plays a key role in fighting transnational crime, without the necessary safeguards, it could be subject to abuse. In the European Union, there have been growing calls for the reform of the European Arrest Warrant. Since it was implemented in 2004, more than 14,000 people have been extradited. According to Fair Trials International, a UKbased organisation working for the rights of people facing trials in foreign countries, the European Arrest Warrant has been “overused for petty crimes where the human and financial cost of extradition far outweighs public interest.” As the activities the of terrorist organisations become more decentralised and regionally focused, the AU said it will actively encourage security co-operation at the regional level. Fusion centres, which will act as the central points for intelligence analysis and exchange, will be established to facilitate exchange of intelligence, co-ordination and joint operations at regional levels. Already, the Sahel Fusion and “Drug trafficking is equally a serious threat with cartels from South America linking up with organised crime syndicates in West Africa’ Liaison Unit brings together military and intelligence officers from the Sahel-Maghreb, and the newly-launched Regional Intelligence Fusion Unit (RIFU) brings together the countries affected by Boko Haram. Islamic terror groups in Africa are no longer just focused on a domestic agenda and some of them are now reaching out to global Jihadist organisations. There is evidence that African jihadist movements have been reaching out to their counterparts in the Middle East.
Sep 1st 2014
Sep 15th 2014