[Congressional Record Volume 155, Number 118 (Friday, July 31, 2009)]
[Extensions of Remarks]
[Pages E2145-E2147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  TESTIMONY GIVEN BY EZEKIEL LOL GATKUOTH REGARDING THE COMPREHENSIVE 
                      PEACE ACCORD (CPA) IN SUDAN

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                         Friday, July 31, 2009

  Mr. WOLF. Madam Speaker, I would like to share with our colleagues 
testimony that Ezekiel Lol Gatkuoth, head of the Government of Southern 
Sudan Mission to the United States, gave yesterday before the Tom 
Lantos Human Rights Commission regarding the importance of full 
implementation of the Comprehensive Peace Accord (CPA) in Sudan.
  His perspective is invaluable as a diplomat and Southern Sudanese 
leader who experienced firsthand the horrors of the twenty-plus year 
civil war between the North and the South which left more than 2 
million dead in Southern Sudan.

 Testimony of Ezekiel Lol Gatkuoth Head of the Government of Southern 
 Sudan Mission to the United States Before the Tom Lantos Human Rights 
                           Commission (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

[[Page E2146]]

     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 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 be 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 the 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 that led to massive loss of life and countless human 
     rights abuses; these are mainly the Malakal Incidents of 2007 
     and 2009 and the Abyei Incident of May 2008. Firstly, these 
     were a 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, to be 
     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 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 their 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 also 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 of 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 
     been 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 Mountains 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.

[[Page E2147]]

       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.

                          ____________________