Sudan not bound by ICC deliberations regarding Darfur

Sudan’s Ambassador to Kenya, H.E. Majok Guandong (pictured) spoke to Standard Senior Reporter David Ochami to shed light on his country’s view of the International Criminal Court’s indictment of President Omar Al-Bashir. Guadong also clarified the status of the dreaded Janjawid militia plaguing Darfur and on the oil-rich Abyei.

QUESTION: Do you consider the ICC indictment of President Omar al-Bashir, a Western conspiracy to split Sudan as claimed by Iran’s President Mahmud Ahmednijad and several speakers at the recent Arab League meeting?

ANSWER: Definitely this is a conspiracy not just to split the Sudan but the repercussions of the indictment have serious consequences on national unity and the Comprehensive Peace Agreement (CPA) Khartoum has signed (with Southern Sudan) and the peace agreement with the East (Eastern rebels on the Red Sea) and the Abuja Agreement on Darfur (with some rebel factions in Darfur).

We are not members of the ICC (International Criminal Court), therefore we will not be bound by any indictment of our president by ICC.

The conspiracy is to remove our government from power so that Sudan becomes ungovernable and insecurity increases and dismantle institutions created during the transition. This, however, will not work because we are already in a transition. We have an interim constitution to govern us until 2011 when South Sudan votes to secede or federate with the North according to the CPA.

Imagine Sudan without Bashir who has signed the agreements? A new leader will say ‘I have no obligation to respect these agreements’. We will be back to Square One.

QUESTION: Does the indictment show that something needs to be done to bring Darfur to the 21st century?

ANSWER: The Government of Sudan (GoS) is willing to negotiate a peaceful solution in Darfur. It has accepted joint mediation by the African Union and United Nations and given them full mandate to talk to the rebels.

The GoS has accepted the hybrid UN and AU forces in Darfur. They (hybrid forces) are now 9,000, out of the expected 26,000 but donors are not providing logistics for the remainder.

Q. Will Khartoum charge State minister for Humanitarian Affairs, Ahmed Haroun and militia leader Ali Kushayb (indicted by the ICC) for war crimes in Darfur to deflect unwanted attention from President Bashir?

A. ICC has not made any investigations regarding the two gentlemen neither has it shared any evidence in its possession. We therefore want ICC to allow us to investigate them. In fact, a commission was formed by GoS (after their indictment) headed by retired judge, Justice Dafalla Al Hajj Yusuf to investigate allegations of (their involment in genocide and war crimes).

Its report found no merit in the ICC allegations. We can not hand Haroun and Kushayb over unless our Judiciary investigates and recommends so.

Q. Who are janjawid militia and why are they so hard to control or eliminate?

A. Janjawid means people on horses. Janjawid are Arab nomads who are constantly on the move with their cattle across Darfur. In their travels, the horse-bound riders normally come across other communities in Darfur.

All communities (Arab and African) are fighting and it is not easy to know who is who. Janjawid are not a militia for the government.

They are a nomadic group that has proved uncontrollable because they are always on the move. Of course the government has no intention of eliminating the Janjawid or any other community. We can only accommodate them through peaceful means. The Janjawid will be part and parcel of any Darfur settlement.

Q. Your government has declared several international humanitarian organisations unwanted in Darfur Why?

A. We have never declared any humanitarian workers as undesirable. We allow them to help needy locals. There are some elements (among aid groups) who want to complicate the conflict. This we will not allow.

Q. What is the status of implementation of CPA protocols on wealth, especially petroleum?

A. The CPA is clear regarding percentages agreed during negotiations. The National Petroleum Commission is in charge of creation of contracts involved in mining of oil, extraction and its distribution. It is jointly chaired by the president of Sudan (Bashir) and the vice-president of the republic who is also president of the South (Salva Kiir Mayardit) with equal membership. The CPA stipulates that the SPLM will revisit all oil contracts entered into by the GoSS (before CPA was signed) so that they can be sure about the details of production.

Q. What is happening in Abyei (where GoS forces and Sudan Peoples Liberation Army (SPLA) fought in May over the disputed border)? Is there a problem over oil and who is mining it?

A. The Abyei Protocol (on border demarcation) in the CPA has delayed because there was disagreement on the border. Only last month both sides (GoS and Government of South Sudan GoSS) agreed to have a temporary border and formation of the Abyei Administration. We expect (the agreement) to be implemented by the presidency very soon. Last month both sides agreed to accept international arbitration over Abyei and have presented a paper taken to the International Court of Justice at the Hague. The two sides have agreed to be bound by the court’s decision.

Abyei is contested because historically it was part of the South. In 1905 the then colonial governor of Bahr al Ghazal which Abyei was part of greed for Abyei to be administered from Kordofan in the North.

This was because during the rainy season the government of Bahr al Ghazal could not access Abyei. This arrangement went on until independence in 1956.

During the Addis Ababa Agreement of 1972 there was an agreement that Abyei be returned to the South but this was not followed through.

In the CPA, Abyei has a separate protocol from the South which gives it (special) status under the presidency during the interim period (2005-2011). At the end of this, Abyei will simultaneously vote (with South Sudan) on whether it wants to join the South or North).

Q. Is there an agreed formula for sharing of oil revenues?

A. Abyei is one of the oil producing regions in Sudan and the Government of National Unity GoNU is mining it. The CPA worked percentages (on oil sharing as follows): GoNU — 50 per cent, GoSS — 45 per cent, Ngok Dinka of Abyei — two per cent, Misseriya Arabs (two per cent) and for Warab State/Bahr Ghazal, one per cent.

Q. Do you see the South secede from the Union in 2011?

A.This is a rhetorical question that cannot be answered by one person because according to the CPA, it is all of South Sudan that will decide, through a referendum to either accept or opt out of the Union. Though the question will be answered through the referendum results in 2011, we are all working for the unity of our country. (All over the world) … states are coming together for economic reasons and Sudan should not be an exception.

Q What is the status of former speaker and Bashir ally Hassan al Turabi’s relation with the Bashir government? Does he command a huge following?

A. Turabi is a leader of the Popular Congress Party. His relation with the government will depend on his behaviour. Sudan is a multi-party democracy.

he is free and no one is preventing him. He calls for political rallies and so long as he respects law and order there is no problem. We cannot judge his following. We will know next year during the general elections.

Q. Why has your government not commented on the recent elections debacle in Kenya? Does Sudan consider the Kibaki regime legitimate?

A. The policy of Sudan is non-interference in the affairs of another country. Elections in Kenya are an internal matter. When the situation went out of control (in January) President Bashir appealed to both parties to solve the problem peacefully.

The government of Kenya is a legitimate government and we support it. We support the courage of the two leaders (Mwai Kibaki and Raila Odinga) for putting public good above personal interest (after signing power sharing agreement in February).

Q. What about Zimbabwe and the unfolding mediation?

A. The Government of Sudan prefers not to interfere in the affairs of other countries although the economic situation in Zimbabwe has deteriorated. We will support whatever the leaders of Zimbabwe will decide. We support the ongoing mediation by President Thabo Mbeki of South Africa.

Q. Comment about Somalia and deteriorating relations between Eritrea and Ethiopia and what Sudan can do to assist these neighbours.

A. The situation in Somalia is getting better and we support the steps taken by AU and UN for peaceful negotiations between the Transitional Federal Government and (Islamist) opposition.

Eritrea and Ethiopia are friendly to Sudan and we will support reconciliation efforts because what happens in these countries affects the Sudan by virtue of our closeness.