Sudan and South Sudan: EUC Report

Lord Chidgey Excerpts

Wednesday 17th October 2012 Grand Committee

[Lord Chidgey]

My Lords, those who have followed events in Sudan through the end of the civil war and the progress of the comprehensive peace agreement will share the disappointment of the Select Committee that many crucial issues left outstanding remain unresolved, in particular the failure fully and faithfully to implement the memorandum of understanding and the tripartite plan to expedite the unhindered delivery of humanitarian assistance in Southern Kordofan and Blue Nile state, and the resolution of the issues of the final status of Abyei and disputed areas. The Security Council, the US mission to the United Nations, the High Representative of the EU for Foreign Affairs and Security Policy, Norway, the UK’s Foreign Secretary William Hague and the tripartite group have all voiced their concerns over the failure to address the continuing humanitarian crisis and have pledged their practical and political support for putting the tripartite agreements, signed in early August, into immediate effect.

This is not to deny the value of the nine agreements reached at the presidential summit on 27 September in Addis Ababa by the presidents of South Sudan and Sudan. In its press statement of 28 September, the UN Security Council recognised that:

“These agreements represent a major breakthrough for the establishment of peace, stability and prosperity in both Sudan and South Sudan and give cause for genuine hope that the peoples of these two countries will realise the fruits of lasting peace and friendship”.

The nine agreements covered oil, citizenship, border demarcation, border monitoring, economic co-operation and other matters. There are still important outstanding issues. The humanitarian situation in Southern Kordofan and Blue Nile is critical. Hundreds of thousands of people are suffering, and this cannot continue any longer. The Government of Sudan must grant full, safe and immediate international humanitarian access and, in co-operation with the tripartite group, implement the MoU and the action plan without further delay.

As the Associate Parliamentary Group for Sudan and South Sudan—of which I am a vice-chair—discovered when it visited South Sudan in April, the new country faces a profound state-building challenge. International investment and skilled returnees are contributing to pockets of economic development and represent a foundation for future growth. The decision to shut down oil production was biting, with the Government set to reduce spending by over 25% from an already low base. Ministry budgets had been slashed and remaining spending was concentrated on salaries, with little left for investment and maintenance. In South Sudan, over 50% of the population lives below the poverty line. Less than 50% of children enrol in primary school and far fewer complete eight years of education, with just one teacher for every 117 children. There is the highest maternal mortality rate in the world, with a one-in-seven chance of a woman dying of pregnancy-related causes. There is only one qualified midwife for every 30,000 people.

Corruption became a major recurring theme throughout the APG delegation’s visit, with concerns expressed that it was becoming fairly ingrained within South Sudan’s fledgling systems. The mismanagement of public funds was a central concern, sitting at the hub of all others, fuelled by avarice and a sense of entitlement. The anti-corruption commission, established in 2005 with a mandate,

“to protect public property and investigate cases of corruption”,

and combat,

“administrative malpractices in public institutions”,

finds, however, that it lacks sufficient authority, independence and transparency. International non-governmental organisations including Global Witness, the Open Society Initiative for Eastern Africa, Oxfam, World Vision and others have all expressed concerns over the continuing humanitarian crisis and the lack of governance and capacity in South Sudan to address it.

There is a call to work more closely with the audit chamber of the South Sudan Government as a key player in the financial management of state funds. The Ministry of Finance needs support, and USAID is tutoring and mentoring the development of budget systems. Acts of Parliament are being passed to bring in financial control and management systems, but donor nations need to press for their implementation. It is no good just passing the Act; it has to be put into force. Global Witness has told me that it is very disappointed about the lack of transparency and accountability in oil governance, with no independent auditor provided. A petroleum law has been passed that calls for open tendering and for all beneficial ownership to be published. Global Witness’s consultant, Dana Wilkins, says:

“Sudan and South Sudan’s citizens are the ultimate owners of their countries’ natural resources. Yet they have been totally cut out of this new oil deal, with no way to verify the amount of oil and money that will be transferred between their governments”.

While the new agreement establishes mechanisms for internal information-sharing and auditing, there are no requirements for transit and financial data to be made public.

The United Kingdom and the EU have important roles to play in building institutions in South Sudan and Sudan and in concentrating on the constitutional process. Again, to quote Oxfam:

“South Sudan and Sudan do not have a European Champion right now and therefore are slightly off the EU Foreign Affairs Council radar”.

The EU has the policies and mechanisms in place and, for the first time, member states have agreed to a joint development programme in South Sudan. There is one joint strategy paper, agreed by the EU institutions and member states. Priority sectors are identified, with donors agreeing to complement each other in their implementation. This is a first and is part of the EU commitment to aid effectiveness but, so far, implementation has been postponed because of South Sudan’s oil crisis. Now the oil agreements are in place, there is an ideal opportunity for the EU and member states to make real progress.

There is a consensus that the humanitarian crisis will continue to dominate the South Sudan agenda for some time. Analysts predict that it will take two generations of long-term engagement to establish basic infrastructure and achieve significant and substantial development of basic services. There is a compelling need for continuing support in capacity-building at all levels of government to gain the benefits of a strong and empowered Parliament.

To this end, the Norwegian Government commissioned a report on training needs in the South Sudan National Legislative Assembly, which was conducted in August 2011—just one month after independence. The analysis was undertaken with the co-operation and support of the Association of European Parliamentarians with Africa, commonly known as AWEPA and of which I am a UK council member. This was part of a capacity-building exercise for this new legislative assembly, the main objective being to analyse its training needs. The majority of assembly staff did not have appropriate academic qualifications for their duties. Qualifications did not match their job descriptions or the departments in which they were deployed. There was a clear need for a wholesale retraining exercise.

As well as having inappropriate skills, over half the assembly staff stressed their concerns over a lack of proficiency in the English language. This was considered alarming, given the move from Arabic to the English language in South Sudan. A close second in skills deficit was that in technical skills, particularly information and communications technology. In the course of a short one-week exercise, the study identified a large capacity-inhibiting skills shortage with massive scope for retraining and confidence building, particularly through exposure to established parliamentary practices.

The National Legislative Assembly of South Sudan has now, with the support of the Netherlands Government and AWEPA, adopted a five-year strategic plan whose core aim, as described by the Assembly Speaker, is that by 2016:

“The National Legislative Assembly will be valued as the central institution in promoting democracy, effectively holding the Executive to account, scrutinising proposed legislation and representing the diverse views of the people of South Sudan”.

The strategic plan is clearly fundamental to South Sudan’s progress towards sustainable government. Recognising that the UK, through DfID, is a major donor in South Sudan, I would like the Minister, either in her response or later by letter, to tell the Committee whether DfID is aware of the strategic plan for South Sudan; if so, how it figures in DfID’s business plan, given that Sudan is one of the UK Government’s top priorities in foreign policy; and what DfID plans to contribute to capacity building and structural support in the National Legislative Assembly, through what means and over what timescale.