By Matthew Russell Lee
UNITED NATIONS, August 28 -- Since the South Sudan peace agreement was signed by President Salva Kiir, saying that he had reservations, there has been a lot of vague talk about these reservations, with the US "not recognizing" them, some saying they've seen them but not publishing, and others saying wait and see.
It's time to see: Inner City Press is publishing the 12 page document, here, just as Inner City Press earlier put online the August 17 Compromise Agreement, as first obtained, here.
On August 28, after some push back (Periscope video here), the Security Council adopted a Presidential Statement welcoming Kiir's signing but not referring to any credible and effective mechanism to seek accountability. On the way in, only the Permanent Representative of Venezuela spoke - to confirm that his country's issues with Colombia are bilateral and may involved at the end UNASUR, not the UN. Afterward, no one else spoke.
Here is the UNSC Presidential Statement:
"The Security Council welcomes the 26 August 2015 signature by President Salva Kiir Mayardit on the "Agreement on the Resolution of the Conflict in the Republic of South Sudan" as well as the signatures by SPLM/SPLA-IO Chairman Dr. Riek Machar Teny, Former Detainees representative Mr. Pagan Amum Okiech on 17 August 2015, and joined by other stakeholders, and recognizes these signatures as a commitment by the parties to implement the Agreement, as contained in the annex to S/2015/654. The Security Council expresses its concern with any statement by any party suggesting a lack of commitment to implement the Agreement, as contained exclusively in the annex to S/2015/654.
"The Security Council expresses its deep appreciation for the work of the
Intergovernmental Authority on Development (IGAD) in leading the mediation since the onset of the crisis, and commends the recently expanded efforts of the 'IGAD-Plus' configuration involving nineteen nations and organizations including the United Nations and friends of South Sudan from Africa and abroad, to develop and achieve a comprehensive solution that has now established a foundation to deliver a peace to South Sudan. The Security Council urges the continued close engagement of IGAD and IGADPlus partners in the critical period ahead. The Security Council acknowledges that this Agreement is the first step in reversing the difficult political and economic situation, and humanitarian, and security catastrophe resulting from this crisis, calls upon the parties, with support from the United Nations and international community, to fully implement the Agreement and reaffirms its unwavering support of the people of South Sudan.
"The Security Council calls upon the parties to adhere to the permanent cease fire immediately, confirms its intention to move swiftly to update the mandate of the United Nations Mission in South Sudan (UNMISS) to support implementation of key tasks in the Agreement, and expresses its readiness to consider appropriate measures to ensure full implementation of the Agreement, as contained exclusively in the annex to S/2015/654 in full and without exception and address any violations or failures of any party to implement its provisions, including through the imposition of an arms embargo and additional targeted sanctions.
"The Security Council notes the African Union Peace and Security Council's 24 August 2015 Press Statement warning that all those undermining the lasting resolution of the conflict, including implementation of the Agreement, would be held accountable for their actions. The Security Council underscores the pressing need to ensure accountability for serious violations and abuses of human rights and serious violations of international humanitarian law. The Security Council takes note in this regard of Chapter V of the Agreement. The Security Council further recognizes the work of the African Union Commission of Inquiry in independent and public human rights monitoring, investigation and reporting, and anticipates with interest its findings and recommendations and encourages the public release of the final report as soon as possible on South Sudan.
"The Security Council renews its deep appreciation for the courageous actions taken by UNMISS personnel and troop- and police-contributing countries to protect hundreds of thousands of civilians under threat of physical violence and to stabilize the security situation across South Sudan."
"The Security Council expresses its deep appreciation for the work of the
Intergovernmental Authority on Development (IGAD) in leading the mediation since the onset of the crisis, and commends the recently expanded efforts of the 'IGAD-Plus' configuration involving nineteen nations and organizations including the United Nations and friends of South Sudan from Africa and abroad, to develop and achieve a comprehensive solution that has now established a foundation to deliver a peace to South Sudan. The Security Council urges the continued close engagement of IGAD and IGADPlus partners in the critical period ahead. The Security Council acknowledges that this Agreement is the first step in reversing the difficult political and economic situation, and humanitarian, and security catastrophe resulting from this crisis, calls upon the parties, with support from the United Nations and international community, to fully implement the Agreement and reaffirms its unwavering support of the people of South Sudan.
"The Security Council calls upon the parties to adhere to the permanent cease fire immediately, confirms its intention to move swiftly to update the mandate of the United Nations Mission in South Sudan (UNMISS) to support implementation of key tasks in the Agreement, and expresses its readiness to consider appropriate measures to ensure full implementation of the Agreement, as contained exclusively in the annex to S/2015/654 in full and without exception and address any violations or failures of any party to implement its provisions, including through the imposition of an arms embargo and additional targeted sanctions.
"The Security Council notes the African Union Peace and Security Council's 24 August 2015 Press Statement warning that all those undermining the lasting resolution of the conflict, including implementation of the Agreement, would be held accountable for their actions. The Security Council underscores the pressing need to ensure accountability for serious violations and abuses of human rights and serious violations of international humanitarian law. The Security Council takes note in this regard of Chapter V of the Agreement. The Security Council further recognizes the work of the African Union Commission of Inquiry in independent and public human rights monitoring, investigation and reporting, and anticipates with interest its findings and recommendations and encourages the public release of the final report as soon as possible on South Sudan.
"The Security Council renews its deep appreciation for the courageous actions taken by UNMISS personnel and troop- and police-contributing countries to protect hundreds of thousands of civilians under threat of physical violence and to stabilize the security situation across South Sudan."
After publishing Kiir's 12 pages of reservations, Inner City Press on August 27 in front of the Security Council asked the Permanent Representatives of Angola and of the United Kingdom about Kiir's reservations.
Angola's Ismael Abraao Gaspar Martins told Inner City Press, when asked one on one outside the Security Council, "I have seen them. These are very serious reservations, I think. This calls for the Council to monitor what is there, how it's going to be implemented and what actions we need to continue to do, to make sure they move forward, so the violence stops. If it has been adopted, it has to be applied."
Earlier, on his way into the Syria meeting, Inner City Press asked UK Permanent Representative Matthew Rycroft about Kiir's reservations, specifically the "deletion" of provisions to disarm the SPLM-N, and groups in Darfur (on which the UK holds the Council's pen). Periscope video here.
The 12-page reservation document says to delete the provision about disarming Darfur based armed groups including JEM, SLA-Minnawi, SLA-Abdulwahid, as well as the SPLM-North.
It resists calling the Army the NDFSS and referring to the "Armed Opposition" instead of the SPLM/A-IO. It says the National Army will remain inside its headquarters, and would delete Juba from the list of cantonment areas. It says there is a need to reconstitute the Monitoring and Verification Mechanism.
It says to limit the JMEC and delete the word "oversee" throughout.
The article on reparation and compensation is to be removed.
Who would be vice president(s) would be up to Kiir: no reward for rebellion, or "gambling" on who ministers will be. The rebels should not be governors in Unity, Jonglei and Upper Nile State. Power sharing should be 70-20, not 46-40. Funds should be with the Minister of Finance. As always, follow the money -- Inner City Press would add, to Kenya Commercial Bank and beyond. We'll have more on this.
Before Kiir signed, Uganda's Yoweri Museveni advised him to get the UN out of the country, saying having the UN is is a sign of weakness and that the UN preserves terrorism.
Past 5 pm New York time on August 26, UN Secretary General Ban Ki-moon offered praise for Kiir signing, saying nothing of the reservation or of the UN being openly trashed by Museveni.
It is to Museveni that UN Secretary General Ban Ki-moon has been deferring on Burundi, still not having named a UN envoy as the UN Security Council called "imminent" two weeks ago. (Ban was in France on August 26, praising the country's ambassadorial corps without a single mention of French troops' alleged rape of children in the Central African Republic, covered up by Ban's (French) head of UN Peacekeeping, Herve Ladsous.)
In fairness to Museveni, his reference may have been in part to Ladsous' MONUSCO failing to act on armed groups in Eastern Congo -- including the FDLR, which also impinges on Burundi. We'll have more on this. Here was Ban's August 26 statement:
"The Secretary-General welcomes the signature today by President Salva Kiir of the Agreement on the resolution of the Conflict in the Republic of South Sudan. This is a critical and necessary step towards ending the 20 month-long conflict that has devastated South Sudan and subjected its people to unspeakable suffering." full statement here.
In front of the Security Council on August 26, there was loose talk about Kiir signing; an African diplomat told Inner City Press, "He signed! He was obliged!" with no mention of the reservations. The UN had no noon briefing -- it said it woul only have one if something important happened, this was apparently not important - here are answers from August 24 and August 25, Inner City Press' South Sudan questions have been not been answered.
On August 25, Ellen Loj, the head of the UN Mission in the country UNMISS told the UN Security Council that Kiir is expected to sign the agreement on August 26. Inner City Press asked, how might that impact the pending draft resolution on sanctions and an arms embargo?
After consultations on August 25, Security Council President for August Joy Ogwu of Nigeria emerged with Elements to the Press including:
“The Council members expressed concern on the deteriorating humanitarian and security situation. They condemned the continuing fighting by the parties and underlined the need for a peaceful resolution of the crisis.
“They expressed optimism that President Salva Kiir would follow through on his commitment to sign the IGAD Plus Peace Agreement without reservation.
“They stressed the importance of full implementation of the Agreement. Council members underscored the need to remain engaged on the situation in South Sudan. In this regard they expressed their readiness to act immediately if President Kiir does not sign the agreement tomorrow as he has undertaken."
Inner City Press asked Ambassador Ogwu about sending the draft resolution's annexes to the African Union and IGAD, as an African delegation told Inner City Press about. Ogwu answered that speed is important, but also that it be concerted, a consensus, like an orchestra, it doesn't matter who writes the notes, but... Periscope video here; here's fast transcript of Q&A from InnerCityPro, which also has analysis:
Inner City Press: Some members talked about sending the annexes to the AU or IGAD. Was there discussion of that? When you say immediately, does it include that?
Amb Ogwu: We all understand the need for urgency, because the situation is urgent. But also there is the need for concerted action, for consensus. It is a stage and all the players must act as an orchestra, play the symphony, it doesn’t matter who writes the notes but it’s important to act in unison, act with one voice.
Q: Can you clarify, if he does not sign tomorrow, will you vote on the US draft resolution?
Q: Can you clarify, if he does not sign tomorrow, will you vote on the US draft resolution?
Amb Ogwu: We decided that we will take immediate action if he does not sign, or if he signs with reservations....
Inner City Press: Any discussion of the military situation? Which side is more responsible for the military action since the Addis meeting?
Inner City Press: Any discussion of the military situation? Which side is more responsible for the military action since the Addis meeting?
Amb Ogwu: We are seeking peace. We are not apportioning blame to any particular side. We are urging all the parties to come together to relieve the dire humanitarian situation and to stop the fighting.
Q: What about justice? We heard from Stephen O’Brien this morning…
Q: What about justice? We heard from Stephen O’Brien this morning…
Amb Ogwu: I don’t think Stephen O’Brien mentioned anything about justice.
Q: He spoke about women being raped, atrocities.
Amb Ogwu: Yes. That is an outcome. But that is left for another department. I would not want to go into that. But we all agreed I would say on measures to be taken that anybody who is found culpable will be held accountable. There is one voice in the Council.
In her national capacity, Nigeria's Ambassador Ogwu emphasized the need for an arms embargo, and to check where the weapons in the country are.
Loj said, "a Mini-Summit has been called for tomorrow, where the Government of the Republic of South Sudan, in the interest of peace, is expected to sign the proposed agreement. Despite this hopefully positive development, the security situation on the ground has been volatile and tense. Fighting in the Greater Upper Nile region has remained intense and further escalation of hostilities in southern Unity State has had increasingly severe consequences for the civilian population. Major offensives conducted by the SPLA and its allied militias into Opposition-held areas have led to further deterioration of the security and humanitarian situation since April, and have resulted in numerous reports of grave human rights violations. Most recently, on August 19, fighting occurred between SPLA and Opposition forces around Leer town, with both sides trading accusations of having initiated the attack.
Loj spoke of discouraging some from entering the UN's "protection of civilian" camps, without addressing the blocking of civilians fleeing fighting from the UN's Yambio camp, which Inner City Press has repeatedly asked about. Nor did she address if UNMISS' radio station, Radio Miraya, kept rigt on broadcasting amid a strike by media in the country to protect the assassination of journalist Peter Julius Moi.
On August 18, Inner City Press asked UN Associate Spokesperson Maestracci, "do you have any comment on, or does the mission have any comment on, Salva Kiir having said at the airport on his way to Addis that 'if anybody among journalists does not know that this country has killed people, we will demonstrate it one day, one time'?"
By August 21, after South Sudanese journalist Peter Julius Moi was assassinated in Juba, Inner City Press asked the next UN Associate Spokesperson Eri Kaneko this question, video here:
Inner City Press: In South Sudan, virtually all media there, the Union of Journalists in South Sudan and the Association for Media Development in South Sudan, have agreed to a media blackout in mourning and as a protest of the murder of the journalist Peter Julius Moi. They’re saying that UNMISS’ Radio Miraya is going to keep broadcasting. Is that the case? Is Miraya part of sort of the media of South, what’s the position of the UN on this?
Associate Spokesperson: I’m not aware, but I will look into that.
Associate Spokesperson: I’m not aware, but I will look into that.
Eight hours later and counting, there has been no answer. Video here.
On both August 18 and 19 when Inner City Press asked, UN spokesperson Maestracci declined to confirm or deny any of the fighting in the country -- a pattern for UNMISS under UN Peacekeeping boss Herve Ladsous. On August 19, Maestracci told Inner City Press, "As soon as I have [information], I will give it to you." None came: also a pattern.
But Inner City Press sources tell it of ongoing clashes in Upper Nile, in Pageri, East Equatoria, still ongoing. The Juba – Nimule road, the only "proper tarmac road" in the country, remains closed; limited communications within the fragmented phone networks confirm that civilians are being targeted.
West Equatorial Governor Joseph Bakasoro is still detained.
Also, here is UNMISS sit-rep for insiders, not meant for the public, apparently:
“Following attacks in Pageri on 18 Aug 2015 host country security forces have advised that there is still military operation in the vicinity of Pageri town (30 kms North of Nimule).
UN Security advises that:
· UN/INGO travels on the Juba - Nimule road are currently restricted.
· UN Security will re-assess the situation in the next 24 hours and will advise accordingly.
· In the interim all missions should be cleared with UN Security until further notice.
· Additionally, UN/INGO missions into Pageri are to be suspended until a clearer picture is established as there are reports of heavy host country security forces deployed in Pageri.”
UN Security advises that:
· UN/INGO travels on the Juba - Nimule road are currently restricted.
· UN Security will re-assess the situation in the next 24 hours and will advise accordingly.
· In the interim all missions should be cleared with UN Security until further notice.
· Additionally, UN/INGO missions into Pageri are to be suspended until a clearer picture is established as there are reports of heavy host country security forces deployed in Pageri.”
... This is how things are at UN Headquarters and elsewhere in the system, especially in UN Peacekeeping under Ladsous. The Free UN Coalition for Access is challenging this.
Agreement on the Resolution of the Conflict in the Republic of South Sudan, Aug 17, online via Inner City P... by Matthew Russell Lee
On August 19 after UN Deputy Secretary General Jan Eliasson briefed the Council behind closed doors - he stopped and told Inner City Press is was not a short consultation, only a scheduling misunderstanding - he stopped on the way out and spoke again.
Inner City Press asked Eliasson the question the UN Spokesperson has for two days declined to answer: "Have the two sides started fighting again?"
Inner City Press asked Eliasson the question the UN Spokesperson has for two days declined to answer: "Have the two sides started fighting again?"
Eliasson to his credit answered: "There are reports, they are very worrying. And this is also why, it is important if there is this progress towards signing of an agreement, that it is accompanied by the need for a ceasefire. A diplomatic solution cannot be found if there is not a de escalation."
Moments later New Zealand's Ambassador Gerard van Boheman stopped and spoke about the US submitted draft resolution that the US' Susan Rice had alluded to the day before, that that it "does deal with an arms embargo also posits additional sanctions, if the agreement is not signed. I think there’s general recognition that the situation in South Sudan is not good, there’s a recognition that the IGAD and that the IGAD plus countries have been doing all they can. We want to be able to support their efforts.”
Ambassador van Boheman said that “it’s quite a technical resolution. So I think it will take quite a bit of work to get everyone on the same page.” Could that timing be related to the 15 days from August 17 deadline for Salva Kiir to sign?
Ambassador van Boheman said that “it’s quite a technical resolution. So I think it will take quite a bit of work to get everyone on the same page.” Could that timing be related to the 15 days from August 17 deadline for Salva Kiir to sign?
Inner City Press also asked van Bohemen about Yemen, but that's another story.
On South Sudan, from the UN's August 18 transcript:
on South Sudan, can the Mission there, or do you have anything on reported, an attack by the Government on the opposition in a place called Imatong? And do you have any comment on, or does the mission have any comment on, Salva Kiir having said at the airport on his way to Addis that "if anybody among journalists does not know that this country has killed people, we will demonstrate it one day, one time"? It's a comment that CPJ has criticized, and I wonder if the mission has seen it and what they think of it.
Associate Spokesperson: So on Imatong — is that what it's called?
Correspondent: Yeah.
Associate Spokesperson: I actually do not have a statement. On South Sudan and the comments on the media that were made by Salva Kiir, yes, the Mission told us they were very concerned about, over the curbing of the press freedom in South Sudan, including recent closure of media houses and threats to journalists. And they've also reiterated the importance of independent, free and pluralistic press.
Question: Is the Deputy… I just wanted to ask one thing. I saw that the Deputy Secretary-General's schedule says appointments are internal. Did he come back from Addis? Is there some way…
Associate Spokesperson: He is on his way back.
Associate Spokesperson: So on Imatong — is that what it's called?
Correspondent: Yeah.
Associate Spokesperson: I actually do not have a statement. On South Sudan and the comments on the media that were made by Salva Kiir, yes, the Mission told us they were very concerned about, over the curbing of the press freedom in South Sudan, including recent closure of media houses and threats to journalists. And they've also reiterated the importance of independent, free and pluralistic press.
Question: Is the Deputy… I just wanted to ask one thing. I saw that the Deputy Secretary-General's schedule says appointments are internal. Did he come back from Addis? Is there some way…
Associate Spokesperson: He is on his way back.
On August 19, Inner City Press asked Maestracci again - still no information on Imatong, nor Upper Nile, Pageri or other attacks since. From the August 19 UN transcript:
Inner City Press: I wanted to ask about South Sudan. I’d asked you yesterday about whether UNMISS could confirm reports of fighting and now there’s increased reports of fighting and counter charges by the Government and the opposition of fighting in Upper Nile State, also near the Ugandan border. So I’m wondering if UNMISS, given its presence in the country, it seems important to know is this taking place and if so which side is instigating it?
Associate Spokesperson Vannina Maestracci: We’re checking and we’re waiting for an answer. As soon as I have one, I will give it to you.
Associate Spokesperson Vannina Maestracci: We’re checking and we’re waiting for an answer. As soon as I have one, I will give it to you.
Nothing was given, but see above.
Inner City Press asked DSG Eliasson of reports of fighting in South Sudan, he acknowledged the reports, Periscope video here. We'll have more on this.
