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STEERING COMMITTEE FOR HUMAN RIGHTS
IN THE TRANSITION IN SUDAN
ISSUE PAPER E-1
FREEDOM FROM FAMINE AND CREATING A
DEMOCRATIC HUMANITARIANISM
Based on a paper by Alex de Waal,
Sudan Rights Programme, Inter-Africa Group
Background: Famine in Sudan
Sudan is a potentially wealthy
country, but it has become chronically vulnerable to famine. It is conventional
for drought, desertification, and mistakes in economic policy to be blamed for
famine. All these play their role, and drought at least is beyond human agency.
But none of these problems makes famine inevitable: famine occurs through the
operation of a political, military, economic and social system.
This is evident in the killing
famine in Bahr el Ghazal in 1998. This massive human tragedy is only the last in
a long series of famines that has struck Sudan since the early 1980s. This paper
will not provide a history or political economy of famine in Sudan, but a brief
overview of the tragedies of the last fifteen years is required.
The current disaster in Bahr el
Ghazal is a product of long term and short term factors including the following:
 | Fifteen years of war and raiding which have
created extreme vulnerability to famine and made the coping strategies
safety net extremely weak. The social fabric of Southern Sudan is slowly but
inexorably being torn apart. |
 | In the 1990s, the Sudan Government has built
up ‘peace camps’ around Wau, Aweil, Abyei and other population centres,
drawing people away from rural areas to camps under its control. This had
the aim of depopulating the rural areas and denying support to the SPLA. |
 | Sudan Government destabilisation of rural Bahr
el Ghazal during the period 1994-7 using militias, including the forces
under Cdr Kerubino Kuanyin, which wreaked devastation across wide swathes of
the region. |
 | Sudan Government restriction of access to the
area by international humanitarian agencies, especially a ban on UN aid
flights during the critical months of January-March 1998. |
 | Recurrent failure of the Northern Sector of
Operation Lifeline Sudan (run out of Khartoum alongside the government) to
adopt a set of ‘humanitarian principles’ comparable to those in place
for OLS-Southern Sector. This created a climate in which systematic and
recurrent abuse of aid occurs. |
 | Poor harvests in 1996 and 1997, partly caused
by drought. |
 | The affected area is relatively thickly
populated and was traditionally a surplus-producing area. The food shortage
therefore affects a large population over a wide area. The loss of cattle
means that recovery will be slow. |
 | SPLA failure to develop workable relief
structures and administration, combined with continued diversion of relief
commodities by troops has led to the absence of an infrastructure that can
provide either relief or development in the region. The weakness of
representative or civil institutions in SPLA-held areas also denied the
citizens an effective voice in determining policy. |
 | SPLA failure to put in place contingency plans
for humanitarian response following the January attacks on Wau, Aweil, and
other population centres, which predictably led to up to 300,000 people
fleeing these towns for the rural areas and requiring assistance. |
 | Difficulty and expense of airlifting food and
other relief commodities to Bahr el Ghazal from Kenya in the absence of safe
corridors for overland access. |
The prospects for a swift end to
this famine are not good.
 | It is evident that the causes of the famine
are a mixture of long-term and short-term factors, and that barring any
major change in the circumstances of Southern Sudan, such crises are likely
to recur and indeed become more severe as people become poorer and weaker
and their assets are depleted. |
 | After delays due to various factors, OLS and
international NGO programmes are now reaching a majority of the in-need
population. Coordination between OLS and SRRA is improving. But the
overwhelming reality is that humanitarian programmes are proving extremely
expensive and vulnerable to disruption by logistical breakdowns, poor
weather, local insecurity and political interference. |
 | Current indications are that the affected
population has been unable to plant sufficient food to achieve self-reliance
for 1998/9 and hence the food crisis will continue until the harvest of 1999
at least. |
 | The international community is expecting to
spend more than $100 million per year on relief assistance to southern Sudan
for the next two years at least. This is only a short term solution: keeping
people alive. Restoring self-reliance and rehabilitating the society and
economy will require something more. |
This famine, and the sheer
expense and effort required from foreign donors, have their own political
ramifications, including desperation among sections of the Southern Sudanese
population demanding an immediate end to the war, and impatience and frustration
among donor governments who argue that they cannot afford to spend so much of
their taxpayers money with no end to the suffering in sight. Donors are also
asking if their assistance is in fact prolonging the war, because of the abuse
of food aid to support the war effort on both sides.
Turning to the recent historical
record, the drought of 1983-4 became a killing famine because of the
exploitative economic relations that had developed, the profiteering of some
traders and banks and above all because of the wilful negligence of the Nimeiri
government that denied the existence of the crisis until it was too late, as
well as refusing to take action to prevent it. The famine in the South that
began in 1986, reached its peak in northern Bahr el Ghazal in 1988, and has
continued intermittently ever since, was created, often deliberately, by
militias and armed forces. Besieged Southern towns have suffered famine because
of the war, including mass displacement of people, destruction of productive
potential, collapse in employment, and the interruption of commercial or relief
food supplies. The famine of 1990-1 in the north was wholly preventable: it came
about because of the NIF regime's reckless export of food reserves and its
refusal to change its policies or accept relief. This was a particularly
significant famine because it affected urban areas including Khartoum, and even
middle-class families felt its effects. It illustrated the dependence of the
core areas of northern Sudan on food imports and mechanised food production in
central and eastern Sudan, and the vulnerability of large sections of the
population to disruptions in that food supply system. The famine of 1991-3 in
the Nuba Mountains was a direct result of the war strategy followed by the
government, which to this day still refuses to allow humanitarian assistance
into the non-government held areas. The famine that affected many parts of the
Red Sea hills in 1996-7 was the outcome of a long history of government neglect
and exploitation, culminating in repression targeted at the Beja, which involves
preventing herders and commercial traders from moving freely. The media
attention given to the current famine in Bahr el Ghazal should also not obscure
the fact that there is serious hunger in other parts of Southern Sudan, as well
as the Nuba Mountains, Blue Nile and elsewhere.
In all these famines, relief
arrived too little too late, or (in the case of the Nuba in 1991-3) not at all.
In many cases, relief was stolen or obstructed. These relief failures are a
serious problem. But relief failure is not in itself the cause of famine; merely
a reason for famines to cause even more human suffering than would otherwise
have been the case. It would be a big mistake to try to solve the problem of
famine by just establishing a better or more efficient relief system.
The reason for the persistence of
famine is fundamentally political. No amount of food assistance or technical
skill can compensate for a political system that has no interest in providing
for its poorest citizens, and indeed sees military or political benefits in
inflicting hunger. Specialists have learned enough about famine prevention to be
able to ensure that nobody, even in the poorest country, suffering the worst
drought, need go hungry. The challenge is to have a political system that
ensures that every citizen is able to enjoy the right to food.
Creating freedom from famine in
Sudan will require many years of effort. There is much damage to be undone, as
regards restoring the productivity of the land, correcting extreme income
inequalities and creating conditions for sustained economic growth, including
debt relief, reform of macro-economic policies, etc. This paper is not concerned
with the details of those policies. It simply recommends that a technical group
be convened to study the issues and come with recommendations before a future
transitional period. Instead, this paper is concerned with three main issues:
- Large parts of Southern Sudan have been
reduced to a state of chronic famine. A peace settlement in Southern Sudan
at any time in the forseeable future will occur in the context of immense
humanitarian need and a massive ongoing international relief effort. These
facts will have major implications for politics, human rights and the basic
prospects for ordinary people during the transition.
- In northern Sudan, immediate humanitarian
needs are likely to arise in the first months or even days of a transitional
government taking power. Decisions about how those needs are to be met will
have far-reaching consequences for human rights and political democracy.
Many of these decisions must be taken while the current war continues.
- The long-term struggle against famine can be
won only with a fundamental shift in the way of addressing the problem. To
be more precise, famine cannot be regarded solely as an issue for technical
expertise, but must be seen within the domain of human rights and democratic
politics.
This does not mean that there is
no need for better agricultural, employment, food security and environmental
policies. These will all be required. Instead, these policies must be placed
within a wider political and human rights framework, so that they can be
discussed democratically and all their implications considered.
Freedom from Famine is a Basic
Right
At present, famine is not
normally discussed within a human rights framework. Despite lip service to the
right to food and the role of human rights abuses in 'complex emergencies',
famine is treated as a technical-economic malfunction in a country, that
requires foreign aid and technical advice, and maybe also domestic charity. This
contrasts with the emerging consensus in scholarly analysis, which sees famine
as the outcome of political and military processes that involve violations of
rights.
Responses to famine and other
crises in Sudan have included large relief distribution programmes,
food-for-work and other employment schemes, and more sophisticated forms of food
security planning. Some of these programmes have been professional and high
quality and have met their immediate aims. For example the response to the
refugee influxes from Eritrea and Ethiopia in the 1970s was considered a model
of its kind. Many other programmes have unfortunately been too small, too late
or too badly run. Some have failed because of corruption or political
interference. In the war areas, many have simply been blocked. But even where
the famine relief programmes have succeeded in their immediate aims of reducing
hunger, they have failed to tackle the underlying political reasons why famine
continues. This is why technical solutions, while important, can never be
enough.
Treating famine in this
depoliticised, non-rights manner has had a profound and lasting effect on the
politics of food in Sudan. It has made it more difficult to achieve the right to
food. Some of the results of the exclusively technical-charitable approach to
famine include:
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The creation of external
dependency and demoralisation among aid recipients and the reinforcing of
an 'aid mystique' that sees all good things as coming from outside. Many
Sudanese people have contrasted the generosity of western donors and NGOs
with the inability of their own government or organisations to provide
relief and development. This has undermined the legitimacy of the
government and its institutions, and encouraged people to look outside the
country for solutions. |
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The ability of governments
that are responsible for the creation of famine to avoid their share of
the blame; reinforcing a non-democratic form of political authority. For
example, in 1990, Gen Omer al Bashir managed to direct some of the blame
for the famine on to foreign donors, accusing them of holding up
assistance to Sudan by insisting on conditions that would have been a
humiliation for the government. The government's own responsibility for
what happened was obscured. |
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The secretive transfer of
massive resources to a government, enabling it to escape from domestic
accountability and instead implement policies regardless of the wishes of
the people. For example, Nimeiri's government received almost US$2 billion
in aid from the USA, allowing it to stay in power although it was
bankrupt. Although on a smaller scale, subsequent governments have also
owed their financial survival to foreign aid, and as development aid has
dwindled, relief aid has become relatively more important. |
 |
The handing over of the
responsibility for vital services to external organisations that are not
responsive or accountable to the people. This is particularly the case in
SPLA-controlled areas, where UN agencies and foreign NGOs can often act as
a law unto themselves. Also, this handing over creates the impression that
the problem of famine is equivalent to the failures of relief and
development programmes, and therefore that the prevention of famine is
equivalent to effective relief. This is of course not correct. |
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The use of aid as a
political bribe, to win voters or convince people that it is in their
interests to be docile. In the South during the Addis Ababa period, many
Southern politicians used aid or the promise of aid to influence the
electorate. After the 1985 Popular Uprising, the NIF began using food
distributions to mobilise supporters. |
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The undermining of
democratic politics: it is impossible to have a sound democratic contract
between the government and people if the government is supported by
external resources and is not responsible for the basic welfare of its
citizens or accountable to them. One of the basic principles of democracy
is 'no taxation without representation.' A government that depends on
foreign aid for most or all of its taxes has no financial incentives to
respond to the wishes of its people. |
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Giving an opening and
credibility to various forms of supposedly 'Islamic' forms of
humanitarianism, that offer a brand of charity and social action quite
different from the western model. These are integrated with the NIF's
political programme. The NIF has been able to use slogans such as 'return
to the roots' and 'comprehensive call' with reference to social and
humanitarian policy without challenge from the democratic forces. |
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The belief that a
deregulated economy based on the free market will automatically contribute
to freedom from famine. Unfortunately, the poor of Sudan need protection
from famine that cannot be provided by the market alone. History shows
that the price of food in free markets has often risen out of the reach of
the poor, forcing them to go hungry. Some government role in the food
market (in storage of strategic reserves, setting minimum and maximum
prices, providing rations if necessary) will be important to prevent
famine. |
The NIF has proved adept at
exploiting opportunity of using food to build its power base. The Islamic banks,
the NIF and the Comprehensive Call Islamic relief agencies, working together,
have been effective in using food to build up a constituency of support and
control. For example, the Islamic banks will provide credit on favourable terms
but only to those politically affiliated with the NIF; food distributions will
be made but usually only on the basis of conditions such as communities
providing conscripts for the Popular Defence Forces, or children for NIF-linked
Koranic schools, or people relocating from their ancestral villages to
government-run peace camps. This is a negative political use of food.
The political and human rights
crisis in Sudan today is inextricably linked to the food crisis and the way it
has been handled over the last twenty years. The current model of providing aid
to Sudan and distributing that aid has contributed to the lack of democracy and
the continuation of war and dictatorship.
There is an alternative approach,
which can be followed under a future transitional government. It consists of the
following:
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Human rights organisations,
civil society organisations and democratic politicians should consider
famine as an issue of basic rights. Famine must be seen as a crime: those
responsible for creating it should be called to account. In turn, voters
should consider it a primary duty of politicians and administrative
officials to prevent famine. This should help to begin to educate ordinary
Sudanese to regard famine as a crime instead of an act of God. |
 |
Famine prevention and
relief should be regarded as an entitlement, not a privilege. People
should be enabled to demand their rights from the government. This right
should be extended to all, including (for example) those such as the
displaced who may not have voting rights in their displaced settlements.
Ordinary Sudanese people can therefore become politically involved in the
issue of famine prevention. |
 |
National food policy should
be geared towards providing food security for the poorest. This may mean,
among other things, maintaining rural food reserves, restricting food
exports and banning them altogether when the country does not have
sufficient stocks to provide a reserve. Most importantly, national food
policy should be a matter of public debate. |
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New kinds of humanitarian
organisation are needed. Wherever possible aid should be handled by
Sudanese organisations. Rather than being based on western concepts of
charity (which are increasingly seen as inappropriate to the realities of
Africa), these should be based on the concepts of a right to basic
provision, and popular mobilisation and empowerment. Sudanese humanitarian
organisations should not blindly or uncritically accept outside
definitions of what is 'humanitarian'. This should reverse the current
situation in which Sudanese are obliged to accept aid on terms laid down
by foreign organisations. At the same time, militaristic and exclusive
interpretations of Islamic humanitarianism should be rejected: the Islamic
duty to give zakat does not amount to the duty to support jihad or
foster Islamist hegemony (tamkiin). There should be freedom for
Sudanese to organise relief, development and human rights NGOs. |
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Transparency and
accountability should be introduced into the aid relationship. The
government should regulate the professional standards and ethical conduct
of aid agencies (UN, INGO and local NGO). Aid negotiations and provisions
should be announced publicly and evaluated publicly. This should prevent
the use of aid as a secretive transfer to politicians, or as a bribe, and
should prevent the abuse of assistance by local organisations (as is
common under the NIF). |
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A new relationship between
a democratic Sudanese government and foreign donors is needed. Ideally,
this should be based on empowering the democratic government to dispense
aid resources according to its own priorities, subject to democratic
accountability and monitoring, rather than the present system of foreign
donors and organisations determining the priorities and implementing the
programmes. Under this arrangement, the donors should merely say, ‘take
it’ and ask for the government to report back. This is a form of aid
with a minimal role for foreign aid agencies. Under present circumstances,
particularly in Southern Sudan, this is an ideal to be aimed at rather
than a model that can immediately be implemented. However, it should be
considered in long-term planning. |
The importance of reforming
assistance to Sudan to make it compatible with a human rights approach to famine
is made more urgent by the likelihood of major humanitarian needs during a
future transitional period. It follows that preparations for a democratic
humanitarianism should begin now.
Enduring Famine in Southern Sudan
It seems tragically inevitable
that an agreement to end the war in Southern Sudan will coincide with continuing
famine. Even if the current famine in Bahr el Ghazal is over, it is probable
that other parts of Southern Sudan will be facing similar conditions.
The end of the war will
automatically lead to certain improvements, including the following:
 | Improved relief deliveries, as fewer political
obstacles exist, and aid can be moved from aircraft to road, river and rail.
Making aid cheaper will increase its quantity. |
 | The end of raiding, burning of villages,
forced displacement of population, prevention of movement from town to
country, etc. |
 | The reduction of abuse of relief, including
less theft and diversion of aid by soldiers. |
But certain factors will remain
unchanged, and in some respects life may even become more difficult:
 | Hundreds of thousands of displaced people and
refugees will begin to return home to Southern Sudan, and will need food,
shelter and health care, as well as longer term assistance to rebuild their
lives. |
 | Extreme vulnerability to famine will persist.
Even minor droughts or floods, or localised civil disturbances, will create
food needs in the South. |
 | Thousands of armed young men will be present,
with few job opportunities, for whom it will be very tempting to turn to
banditry or raiding. |
 | The withdrawal of garrisons from major towns
currently under government control, combined with the evacuation of many
northern traders and NIF-sponsored relief agencies, will lead to
unemployment, shortages and disruptions in economic activity in the short
term. |
 | Donors have short memories. Ambitious plans
for rehabilitation and reconstruction will be drawn up. But as soon as the
acute famine is out of the news, it is likely that less money will be
available for Southern Sudan. (That money will go further than it does at
present because less will be spent on air transport, but the demands on it
will be greater.) |
 | There will be an inflow of international NGOs
of very varying capacity, professionalism and motivation. Currently, OLS
coordination and the difficulty of operating in a war zone have kept out
some of the crazier international NGOs. But in peacetime we can expect to
see them flooding to Southern Sudan. In particular, extremist Christian
agencies will find it very attractive. |
 | During the war, inter-regional biases in aid
provision are readily explained by considerations of better security and
access. In peacetime, there is a danger that regionally biased aid provision
could become a bitter political issue. |
Managing these problems will be a
major challenge for a new Southern government (whether regional, federal,
confederal or independent). The South will be in ruins, and the number of
professional people is few. The institutions for handling aid and rehabilitation
are also very weak. Some of the issues and possible responses include the
following:
 | OLS will continue in existence and can be
turned into a major asset for Southern Sudan. Its head office should move to
Juba, its northern and southern sectors should be unified, (but maintaining
sub-offices in Khartoum and Nairobi) and it should work under a ‘country
agreement’ with the Juba government, including phased handover to
indigenous institutions. |
 | Southern Sudan will need a region-wide or
country-wide rehabilitation and assistance plan. If decisions on where to
target aid are left to the the laissez-faire decisions of individual
international agencies, there is a danger of a bias towards Equatoria and
perhaps parts of Bahr el Ghazal, because that is where the agencies are most
active at present. The political dangers of regionally-biased aid programmes
must be addressed at the outset. |
 | Current ‘humanitarian principles’ and
codes of conduct for professionalism can be adopted to regulate relief and
development activity. The Juba government should insist on a strong office
for aid regulation, perhaps including an OLS representative, and should be
ready to discipline or even expel international agencies that grossly
transgress the regulations. Experiences of NGO regulation in countries such
as Rwanda may be important lessons in this respect. |
 | Contracts and agreements for all major
aid-based projects should be based on principles of financial transparency
and commercial competitiveness. International agencies implementing major
economic development projects or public service contracts should be obliged
to compete on a level playing field with local institutions and commercial
contractors. There is no reason for international agencies, spending donor
taxpayers’ money, to enjoy unfair competitive advantages over local
companies or NGOs which may be able to deliver the same product more
efficiently. This should prevent the situation in which the economy is
distorted because international agencies which enjoy tax and contracting
privileges and come to dominate the economy, hindering the growth of a
domestic development and public service sector. |
 | There is a danger of international agencies’
activities resulting in undermining or discrediting the Juba government. If
all the positive aspects of government--development, health services,
education etc--are provided by NGOs, and only taxation, police and prisons
by the government, then this is not likely to make the government popular or
credible. But the government will clearly not have the capacity to deliver
the people’s demands for development and social services. So a balance
must be struck, or a formula found in which the government enters a true
partnership with the NGO sector. |
 | Southern Sudanese indigenous NGOs will have a
major role to play in the rehabilitation of the South. Commercial
contractors in the region should also be encouraged to bid for contracts. |
 | Programmes for the re-integration of returnees
and former combatants will be an essential component of rehabilitation and
the creation of stability. |
There is a host of other
short-term technical and policy issues which will need careful study. Southern
Sudanese political movements, civil organisations and NGOs should begin studying
these issues without delay. It is important that the guiding principles of
ensuring the right to food and democratising aid should be laid down at the
outset.
A Likely Crisis in Northern Sudan
In northern Sudan, a future
transitional period will probably see four sets of urgent problems relating to
food security:
- If the war intensifies in the north/east, or
the economic crisis deepens, a new government may well inherit a food crisis
centered on the cities of the north. It is quite possible that mechanised
agriculture will practically be at a standstill due to lack of fuel and
insecurity in the production areas, that irrigation systems will be
disrupted, and that food imports will have been interrupted. This will
create massive shortages of food in the market, very high prices, and
widespread hunger. It would be a famine quite different to most recent rural
famines. Displaced people around the northern towns, poor rural people
(especially pastoralists and wage labourers) and poorer town-dwellers will
be worst hit. Even middle-class people may well be affected. (These people
are often overlooked by current relief programmes.) Solving such a crisis
will be a major challenge to a new government and decisions that it makes
during the early days could have a crucial impact on its options and agenda,
even its viability.
- Serious humanitarian needs will persist in the
opposition-held areas of the Nuba Mountains, southern Blue Nile and the Beja
Hill, requiring intensified operations by the humanitarian agencies
operational in these areas.
- A new government will inherit a macro-economic
crisis. Sudan is deeply in debt, suspended from the IMF, ineligible for
assistance from the United States and most of Europe, and will face an
immediate fiscal and foreign exchange crisis. Donors move slowly. It may
take several years for the US Congress to lift some mandatory restrictions
on aid to Sudan. Emergency assistance may arrive quickly but the new
government will find its hands tied by strict donor conditionalities, some
of them imposed on the previous government that have not been removed. Some
of the most powerful donors and international financial institutions will be
more concerned about the debt and macro-economic policy than any immediate
humanitarian crisis, and will not be merciful.
- The existing structures and mechanisms for
humanitarian assistance are likely to prove an obstacle to establishing a
workable democratic system. There are three main points here.
 |
Some NIF institutions,
including Islamic banks, parastatal fiscal institutions, investment
bodies and humanitarian agencies associated with Jihad, Tamkiin
and the Comprehensive Call, will still exist. Many of them are
international and cannot easily be closed down. Others are financially
powerful or well organised, and simply closing them down could create a
major vacuum, because the older institutions they replaced have ceased
to exist. (A similar problem will arise over the question of which civil
servants and humanitarian officials should be retained and which
dismissed.) |
 |
International agencies,
including NGOs, UN agencies and multilateral development organisations,
operate a form of bureaucratic power. They have been aptly described as
an 'anti-politics machine' and historically this has been their effect
in Sudan. The most obvious response for a transitional government faced
with a food crisis is to hand over responsibility to international
organisations, regulated by a technical government department. (General
Suwar el Dahab did this in 1985.) This actually amounts to a postponing
the problem, which will become more difficult to face as time passes. |
 |
The democratic forces in
Sudan have not established effective economic or humanitarian
institutions. The relief institutions of the opposition movements are
still weak: either they are small and young or they have still to
convince donors that they can operate effectively, (Beja Relief
Organisation, Amal Trust, Nub Relief, Rehabilitation and Development
Society, Sudan Humanitarian Relief Association). More seriously, there
has been insufficient attention to the micro-economic structures and
social reforms needed for rural development and empowerment. There is no
'comprehensive liberation' practice as a counterpart to the NIF's
'comprehensive call.' |
In these circumstances, there is
a danger that a transitional government, which faces a range of simultaneous
political, constitutional and perhaps military problems, will simply take the
easiest steps on the issue of food security. That course would be to:
 |
Continue the day-to-day
crisis management of government finances vis-à-vis the demands of foreign
donors; |
 |
Hand over major
responsibility for planning and implementing relief operations to
international agencies, co-ordinated by a technical government department,
and treat the crisis as a transient one requiring relief only instead of a
structural problem requiring major reform; |
 |
Retain some of the NIF
financial, development and humanitarian institutions (reformed in some
way) for lack of a better alternative, while abolishing others; |
 |
Fall back upon old systems
of rural governance (the native administration) and rural development
(Agricultural Bank of Sudan, Mechanised Farming Corporation, etc), which
have been shown to be ineffective and an obstacle to democratisation; |
 |
Fail to establish
alternative democratic institutions to handle social, economic and
humanitarian affairs, and fail to develop an alternative vision of how
democracy goes hand-in-hand with rural development and rural social
reform. |
This would be very unfortunate.
The rural majority in Sudan would have strong reasons to become disillusioned
with 'democracy'. They would find themselves locked into a familiar cycle of
exploitation, neglect and hunger. Sudanese people have experienced enough to
know that famine is not a short term problem requiring only relief, but a more
fundamental political and economic problem requiring radical reforms.
For all its failings, the NIF has
delivered some tangible benefits to many people, in the form of small-scale
credit, the provision of essential services etc. To remove these modest gains
while putting nothing in their place is a recipe for discontent.
A major relief programme run in
this manner would also create a set of powerful institutional interests and
therefore a focus of power struggle. Political forces would become more consumed
with trying to win the favour of foreign donors and establish control over a
powerful and wealthy aid bureaucracy. This would leave them less responsive to
the demands of their constituents.
Towards a Democratic
Humanitarianism
An alternative approach is to
create a democratic humanitarianism. Central to this approach is freedom from
hunger as a basic human right.
Historically, the right to food
has been seen as an economic right, separate from civil and political rights
such as the right to political representation, freedom of expression and calling
political leaders to account. Delivering economic development or freedom from
famine has long been used as an excuse for repressive regimes. Apart from the
dubious practice of trading off one set of human rights against another, history
shows that this does not work. Sudanese history is a classic demonstration of
this. The rule of President Nimeiri ended in a cataclysm of hunger, and the
current NIF government has created famines, on a national scale in 1990-91 and
at a regional level every year since then. But Sudanese history also shows that
simply establishing the superstructure of a liberal democracy is not enough
either, as demonstrated by the famine that occurred during the last
parliamentary period.
This approach is different: it
sees the right to food as closely bound up with these democratic rights. We need
both the right to food and democratic rights. We can have both democracy
and freedom from famine, if the right to food is an issue for civil and
political mobilisation.
Simply granting civil and
political liberties is not enough. Sudanese democrats and human rights activists
also need to ensure that the right to food is on the agenda for those who are
exercising their civil and political rights: to vote, to stand for election, to
speak and write freely, to meet and protest, to organise etc. One possible
outcome is that there might be a political party, representing small farmers and
other poor people, whose political agenda is food security. But it is more
probable that if the great mass of voters, who are poor and who have suffered
from hunger, demand that their representatives pay attention to food security,
then all parties will have to represent the right to food.
Note that the right to food is not
the right to relief food. If the government merely guarantees the right
to relief food, what it will be doing is leaving intact all the wider structures
that create poverty and famine, and simply guaranteeing that there is enough
relief to prevent the poorest from dying from starvation. The right to food
includes the right to produce food or to have an income to acquire food. It is
in fact the right to a livelihood.
Enforcing these rights is not
simple. Structures for political representation and participation are always
influenced by the interests of the powerful. It will need hard work for them to
be effective in representing the needs of the hungry.
Reforms are needed, in the
following respects, at least.
- The main political parties, which are likely
to form a transitional government, should acknowledge the right to food and
governmental responsibility for preventing famine. The government's duty to
prevent famine could be laid down in law, the civil service code or even in
the constitution. This acknowledgement can be the basis for a change in
popular attitudes towards responsibility for famine, and a move away from
the fatalism cultivated by the last few governments.
- A counterpart to asserting the right to food
is criminalising the denial of the right to food. Some existing laws exist
that can be used to serve this end. Others can be adopted (e.g. elements of
the Geneva Conventions) or drafted afresh.
- In rural areas at local level, greater
democracy is needed. Most famines strike at remote rural communities. There
is a danger that even though national level democratic institutions
institute anti-famine measures, these will be ignored or abused by local
political authorities. Previous parliamentary regimes have coexisted with
rural dictatorships, either in the form of native authorities or military
governors: much of the creation of famine and blocking of relief in the
1986-9 period was the work of local authorities. Ironically it was the
military regime of Jaafar Nimeiri that allowed more participation at
regional and local level. We need both central and local democracy.
- Displaced people are currently
disenfranchised. The displaced need a structure of representation that will
guarantee them a voice in democratic decision making, especially regarding
their right to food and other essentials. That right should be guaranteed
even though they may be unable to vote in their displaced localities.
- All levels of government need to be far more
open and transparent about aid negotiations and aid resources. In the past,
elections have been the occasion for the most blatant misuse of aid funds,
and for politicians to make grand promises about the delivery of aid. This
is possible only because ordinary people do not have access to the aid
decision-making process, so they have no option but to believe aspiring
politicians who turn up with aid agencies at their shoulders promising food
relief or development projects. In this way, aid can undermine the entire
democratic process by turning it into an auction of aid bribes. Strict
regulation is necessary to prevent this happening. The basic requirement is
for all aid negotiations and aid budgets to be made public, so that voters
know what is available. It might also be necessary to prohibit financial
transactions between aid agencies and candidates who stand for election, or
to suspend aid negotiations during the campaigning period.
- The entire aid delivery system needs to be
made more transparent and democratic. The aid agencies themselves need to be
subject to complete democratic scrutiny. Elements of this include
publication of aid budgets, democratising aid negotiations, and creating an
ombudsman to hear complaints against aid agencies. The ideal is to move
towards the 'fund-holding' or 'take it' model of aid, whereby the donors
hand over the resources to the recipient government, which dispenses them
under democratic scrutiny, and then reports back and/or invites monitoring.
This will take some time.
- Democratic politicians need to plan in advance
for the wider economic policy challenges that they will face in a future
transition.
These reforms, in themselves,
will not be sufficient to create political guarantees against famine. That will
depend upon Sudanese people mobilising to defend their rights to be free from
famine, using democratic political methods. This cannot be legislated for, but
it can be encouraged and above all, measures that impede it can be prevented.
Proposals
The following ideas should be
considered in advance of the transition:
1. To introduce more
accountability for politicians responsible for the creation of famine.
 |
Prosecutions for crimes
involving the creation of famine. There are three avenues to be explored
here: |
(i) Those allegedly responsible for violating the articles in the Geneva
Conventions that prohibit the use of starvation as a method of war should be
brought before the Special Prosecutor.
(ii) Those who allegedly acted in
a straightforwardly criminal manner (for example selling relief food) can be
prosecuted, either by the Special Prosecutor or in an ordinary court.
(iii) Those allegedly responsible
for criminal negligence in failing to prevent starvation can also be prosecuted.
 |
Legislation criminalising the
creation of famine can be passed, to apply to future threats of famine. (It
would be wrong to apply such legislation retroactively.) The primary duty of
all administrative officers to prevent famine should become part of the
civil service code. |
 |
Measures for land tenure
reform and the protection of livelihoods will be needed. |
 |
A commission of inquiry into
the causes of famine should be convened. This would be a counterpart of the
prosecutions for famine crimes, looking more broadly into the political and
economic processes that have created famine in Sudan. This should not be
solely an elite activity involving academics and technocrats but should be a
public commission that holds hearings in the rural areas affected by famine
so that ordinary people can be heard. It is more in the way of a truth
commission than a special prosecutor. The November 1997 decision by the OAU
Central Organ to set up a Panel of Eminent Persons to investigate the crisis
in Central Africa and the international response to it provides a precedent
for this kind of inquiry at the pan-African level. |
2. To introduce more transparency
into the delivery of humanitarian relief in Sudan.
 |
Create an ombudsman to
oversee humanitarian organisations, both Sudanese and international. The
ombudsman will be able to hear complaints and investigate issues
concerning professionalism, conduct and ethics. This can be the first step
towards professional and ethical regulation of local and international
agencies. |
 |
All aid budgets and
expenditures should be published: aid should no longer be the secret
weapon of the administrator or politician. This is the first step towards
moving towards the 'fund-holding' model of aid whereby the donors say
'take it' and the recipient democratic government decides on the
allocations and then reports back. |
 |
Major aid programmes should
be commercially competitive, with domestic NGOs, governmental institutions
and commercial companies able to compete for contracts on the same terms
as international aid agencies. |
 |
Sudanese development and
relief workers should establish a professional association. This would
help to set and enforce standards, ensure that suitable employment
practices are followed, etc. In particular such an association would help
overcome the problem of qualified Sudanese being passed over for
employment by foreign agencies in favour of less qualified staff selected
for their nationality or loyalty alone. |
 |
Legislation should be
passed to prevent aid bribes to electors. One example might be a
suspension of aid negotiations during campaigning; another is a process
whereby aid agencies make their negotiations public and involve all
sectors of the recipient community. |
3. To handle the specific
challenges of famine and humanitarian action in Southern Sudan:
 | Prepare blueprints for a South-wide
rehabilitation plan. |
 | Recognise that international agencies will
play a key role in rehabilitation, development and service delivery, and
ensure that they are loosely but firmly regulated with regard to
professionalism, ethics and competitiveness. |
4. To minimise the hazards of the
northern Sudanese crisis scenario outlined above occurring in the early days of
a transitional government:
· Sudanese opposition
leaders and their friends should prepare now to find a way to handle the key
macro-economic issues, including government finance, debt, relations with
donors, and key financial and economic institutions. Details of this go beyond
the scope of this paper. A working group on economic and humanitarian issues
could be convened to discuss these issues with donors and humanitarian
organisations.
· The Sudanese
democratic forces should begin to build alternative humanitarian and economic
institutions. Establishing effective relief organisations is one step but it
is important to remember that other actions to maintain agricultural
production and marketing, employment and infrastructure will be extremely
important as well.
5. To create a democratic
humanitarianism
 |
The measures outlined in
(1) above will go some way to making the right to food a political issue
in Sudan, which is the foundation of a democratic humanitarianism. |
 |
Human rights organisations
should include the right to food in their activities, and should encourage
people to speak out for their right to food |
 |
Democratic political forces
should begin to establish their policies towards food security and
essential service provision. |
The success of these proposals
will depend on a degree of compliance by international agencies. But the
reluctance of aid donors, the UN and NGOs should not be a reason for delay.
Sudanese organisations should start the process at once.
|