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Negotiating Sudan’s North-South Future
Negotiating Sudan’s North-South Future
Table of Contents
  1. Overview
It’s in Uganda’s Interest to Keep Supporting South Sudan Peace Efforts
It’s in Uganda’s Interest to Keep Supporting South Sudan Peace Efforts
Briefing 76 / Africa

Negotiating Sudan’s North-South Future

As South Sudan’s critical self-determination referendum looms, the foundation for a constructive relationship between North and South is yet to be laid.

I. Overview

Sudan’s fragile Comprehensive Peace Agreement (CPA) is entering its final phase, and a critical vote on Southern self-determination looms, but foundations for a constructive post-referendum relationship are yet to be laid. In addition to a handful of outstanding CPA items, future arrangements on citizenship and nationality, natural resource management (oil and water), currency, assets and liabilities, security and international treaties must be negotiated, regardless of the referendum’s outcome. Many in Sudan and abroad are focused on ensuring the referendum exercise takes place on 9 January as planned. But simultaneously pursuing agreement on the broader post-referendum agenda is not only critical for a peaceful transition and long-term regional stability, but may also serve the more immediate objective of clearing the path for a mutually accepted referendum. 

After months with little progress, the African Union (AU) High-Level Implementation Panel on Sudan and the U.S. jump-started stalled negotiations in recent weeks. But considerable work remains to bridge the gaps between the CPA parties, and time is short. Details of all the post-referendum arrangements cannot, and need not, be negotiated before the vote. But the absence of a basic blueprint for the post-2011 relationship between North and South contributes to uncertainties about the political and economic future of each, risks the referendum being viewed as a zero-sum game and thus sustains fears about the smooth conduct of the exercise and acceptance of its result.

The referendum is sure to shock Sudan’s political system. Thus, efforts have intensified to achieve a framework agreement that addresses, in concrete terms, those post-referendum issues that will have an immediate impact on the population. Such an agreement should also ensure that a mechanism is firmly in place so that negotiations can continue beyond January – up to (and possibly beyond) July 2011, the date on which both the CPA expires, and the South might expect to attain independence, if it votes for secession, as expected. The framework currently under consideration also espouses a series of general principles within which to frame future discussions. 

But with less than seven weeks until the vote, the pace of negotiations is cause for concern. Mistrust between the parties remains high, and the still unresolved issue of Abyei complicates the political environment. Given the political brinkmanship that has long characterised Sudan’s North-South politics, it is conceivable that the parties might continue to circle fruitlessly before attempting to strike a grand bargain at the last moment. Such high-stakes gambling risks instability in Sudan and the region, and should be discouraged.

As voter registration for the referendum is now underway, the chances for spoilers to derail the exercise are diminishing fast. Some National Congress Party (NCP) officials have shown signs that they may be increasingly resigned to the reality of partition, but the ruling party could still contest the results on technical grounds or withhold its recognition of an independent South. As the Sudan Peoples’ Liberation Movement (SPLM) in Juba clamours for international safeguarding of the South’s right to self-determination, the NCP waits. It could continue to stymie negotiations on post-referendum arrangements, preferring to employ its leverage at the eleventh hour in an attempt to extort significant concessions from the SPLM and the international community in exchange for their endorsement of the referendum.  

Southern Sudan’s right to self-determination is guaranteed by the CPA, and efforts must continue to ensure smooth conduct of the 9 January poll. But progress now toward a series of win-win arrangements could also remove obstacles to the referendum and temper the potential impact of its result.

Juba/Khartoum/Nairobi/Brussels, 23 November 2010

Op-Ed / Africa

It’s in Uganda’s Interest to Keep Supporting South Sudan Peace Efforts

Originally published in Daily Monitor

President Museveni will naturally defend Uganda’s short-term interests, but he should also work towards longer-term stability by supporting President Salva Kiir’s pledge to bring peace through ARCSS implementation, negotiations and national dialogue.

Uganda has a crucial role and interest in supporting South Sudan’s efforts to forge a more inclusive transitional government

Reducing South Sudan’s internal strife would not just benefit the South Sudanese but is also critical for Ugandan interests, including the security of its citizens and border, reducing refugee flows and the protection of its economic investments and trade.

President Museveni and other Ugandan leaders should encourage their South Sudanese counterparts to prioritise political rather than military solutions to ongoing conflicts; support national dialogue to increase the transitional government’s inclusivity; and encourage better relations between Juba and Khartoum over key bilateral issues.

Uganda is a long-time supporter of the Sudanese People’s Liberation Army (SPLA), rooted in its decades-long struggle against the Sudanese government prior to the 2005 Comprehensive Peace Agreement and South Sudan’s independence in 2011.

When South Sudan’s civil war broke out in December 2013, Uganda sought to prevent the government falling to what it saw as rebels. Fearing that these rebel forces would ally with long-term regional rival Sudan, Ugandan forces intervened, securing Juba before retaking Bor alongside the SPLA.

Hostilities have driven more than 400,000 South Sudanese refugees into Uganda since July 2016

Uganda thus became a party to the conflict – although it was perhaps the only one that largely abided by the laws of war. Uganda paid a diplomatic price for becoming party to the conflict. Uganda was not asked to participate as a mediator in the peace talks led by the Horn of Africa’s Intergovernmental Authority on Development (Igad), even though Museveni was actively involved in Igad Heads of State summits that oversaw the mediation process.

Uganda negotiated a withdrawal of its troops in October 2015 as part of the August 2015 Agreement on the Resolution of Conflict in South Sudan (ARCSS) that ended the war. The two-year military deployment was costly – both financially and politically. Active diplomatic engagement now can both prevent the need for another deployment and at the same time secure Ugandan interests in South Sudan.

Fighting in Juba in July 2016 and an insurgency in South Sudan’s Equatoria region on the Ugandan border has once again brought the country’s conflicts to Kampala’s attention. Hostilities have driven more than 400,000 South Sudanese refugees into Uganda since July 2016. This is far more than arrived during the 2013-15 civil war, when fighting was more intense in northern regions and Ethiopia and Sudan bore most of the humanitarian burden.

Rebel groups in the Equatorias have engaged in deliberate provocations against Ugandan civilians and targeted commercial vehicles from Uganda. Yet, Uganda’s response has been more restrained than in December 2013. It deployed a military convoy to rescue civilians during the July 2016 fighting in Juba and subsequently agreed to joint South Sudanese and Ugandan police deployments patrols along key roads to protect vehicle transport. 

President Museveni will naturally defend Uganda’s short-term interests, but he should also work towards longer-term stability by supporting President Salva Kiir’s pledge to bring peace through ARCSS implementation, negotiations and national dialogue.

In particular, President Museveni should use his influence on his South Sudanese counterpart and his experience of regional and international relations to shape a more sophisticated approach from Juba to resolving conflicts and bringing political opposition into the transitional government. President Museveni’s counsel to Kiir has helped smooth the way for the deployment of a regional force approved by the region and operating under the United Nations. Uganda should continue to work with the region to ensure that the force helps set security conditions that enable dialogue and an inclusive government.

Uganda should further deepen its recent rapprochement with Khartoum

Uganda should further deepen its recent rapprochement with Khartoum. Improved relations – noticeable since 2014 when both sides sought to tackle antagonism resulting from their long involvement in South Sudan’s conflicts – have already reduced regional tensions and, in doing so, allowed for more effective cooperation over South Sudan. 

This is facilitated by bilateral visits by both heads of state and broader diplomatic engagement. Uganda has also committed to end its support for Sudanese rebels and should push for Juba to make good its commitment to Khartoum that it will do the same.

President Museveni’s recent attempts to get Sudanese rebels to participate in the African Union-backed peace process has also been a positive move towards finding a lasting solution to Sudan’s enduring conflicts.

While Kampala cannot solve the internal political problems of South Sudan, it can, in conjunction with other Igad members, continue to reduce the danger of an escalation in regional tensions.

As a major regional actor with considerable experience in mediation and a close relationship with the South Sudan government, Uganda can leverage these advantages to help the country overcome its political crisis through national dialogue and negotiations rather than perpetual conflict.

This will also serve as the most effective method of protecting Uganda’s own long-term security and economic interests in its neighbour.