DRC, Morocco and South Sudan political situation: DIRCO briefing, with Minister

Meeting report

DIRCO Briefing on the Situation in the Democratic Republic of Congo (DRC)
Ms Casandra Mbuyene- Mokone, Chief Director, DIRCO, said the instability in the DRC and the Great Lakes Region (GLR) has persisted for more than two decades, emanating from multiple fronts. Political unrest has been exacerbated due to the postponing of general elections until December 2018. The international community is committed to the promotion of peace and security in the region for without peace, there can be no notable development.

The debate surrounding the DRC’s political direction was renewed upon the release of the date for elections, 23 December 2018. A number of challenges made it unrealistic for the DRC to successfully hold elections in 2017; however, the international community has called upon the country to adhere to the 31 December 2016 political agreement and the electoral calendar for 2018.

The security situation in the DRC remains a significant concern as numerous armed groups and militias launch attacks against the DRC national army, the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO) and civilians. A cholera epidemic has deteriorated the humanitarian situation further, particularly in the eastern DRC.

The Chairperson paused the presentation to welcome the new Minister of International Relations, Lindiwe Sisulu. Pursuant to the cabinet reshuffle that recently took place; the Department of International Relations received a new Minister and Deputy minister.

Minister Sisulu attended the committees’ meeting to introduce herself as this was the only opportunity she knew she would have to do so. The programme with the President has been hectic leaving her uncertain as to where she will be after this. March and April are very active months for the Department of International Relations especially with the President serving as chair of the Southern African Development Community (SADC) for now although he may be handing the position over to Namibia. Minister Sisulu said she held discussions with the two Deputy Ministers in the Department to decide how responsibilities would be shared. She assured Members that the deputies and herself would be represented at the committee very regularly. The rest of Africa looks to South Africa for confidence. With the transition from one President to another, it is important that this Department is on its toes. The President chose DIRCO to be the first department that he visits. Finally, Minister Sisulu stated that she does not want to come to the committee and see members acting as different parties but rather as the shining face that is representing all of South Africa.

Briefing Resumed
Ms Mbuyene-Mokone said the DRC cannot be viewed in isolation from the surrounding GLR. South Africa has been activity involved in peace-building efforts in the DRC since 1997. South Africa remains committed to the support of the DRC and the promotion of free and fair elections according to the electoral calendar. South Africa maintains that regional bodies such as the AU and International Community should actively contribute to the promotion of peace and security in the DRC and GLR.

Discussion
Mr B Radebe (ANC) commented that the position of the DRC is a historic issue. It is very well known that the first Prime Minister of Justice served the interests of Western countries. Has this influence been studied as it impacts the current situation in the DRC? How did South Africa and the AU drop the ball on the issue of elections? What is being done to ensure they take place in December 2018? The reports of human rights abuses are disturbing, what is being done to stamp this out? It is concerning. People also have the right to express their demands peacefully and should not expect the army to use force against them.

Mr M Maila (ANC) acknowledged that the challenges previously plaguing the DRC were unrealistic to overcome for elections. Are the conditions different now making it possible for elections to be safe and reliable? Does the constitution allow for the current president to stand for elections? 

Mr S Mokgalapa (DA) stated that it is very prudent that the Committee is discussing the DRC especially with the Minister present because she is going to have to keep the ball going and hit the ground running.  South Africa is very invested in the DRC having expended numerous resources to resolve the conflict. There is, however, a perception that South Africa dropped the ball in conflict resolution and in promoting democracy for the DRC. South Africa appears conflicted and must deal with the bias that favours the outgoing president as this has created tension and distrust with the opposition.

On the issue of human rights, the atrocities have escalated and are creating more of a problem. Every effort from SADC and South Africa as the chair should go to ensuring the UN is allowed the space to conduct the necessary investigation into the human rights abuses.

According to the constitution, the current president should have been out of office by 2016 however; there has been a two-year unconstitutional extension of his time in office. The committee must ensure that the target date for elections, December 2018, is maintained. There needs to be a democratic transition of power or else the DRC may face the reoccurrence of violence and human rights abuses.

Mr D Bergman (DA) found SADC to be almost a comprised organisation in terms of peace keeping efforts. There is a need to ensure that election monitoring does not just begin a few weeks before the election. It is ironic to him how part of the agreement by the committee is to not interfere with other countries yet it is very easy to interfere in some countries more than others. He suggested that South Africa, above SADC, look into forming an election monitoring committee to ensure deadlines are met.

Ms N Mashabela (EFF) stated that it appears that the current president of the DRC does not want to relinquish his power. How sure is the Department that peaceful elections will be held in the DRC without shedding blood?

Ms T Kenya (ANC) asked what is South Africa going to do to make sure these elections happen in 2018 this time around? Is it only the issue of the voters roll or also an agenda? How can South Africa provide more support?

The Chairperson directed his questions to the Minister, asking given their history of strife and violence in the DRC, if the elections are held this year and there is a change of a president of the same party or one of a different party, does the international community think this violence and interference by external actors would stop? By 2020 the guns should be silenced or there will be no peace. The United Nations has tried implementing interventions for years but there seems to be half-heartedness from the powers that have the most possible influence such as the United States, Russia and China. The DRC is rich with mineral resources. If it was peaceful and stable it would be in the interest of the not only the region but also the continent.

Minister Sisulu responded that indeed South Africa has invested lot of money and energy into the DRC. South African troops have been part of MONUSCO for some time. These efforts had born fruit as there was a government in the DRC that worked. What is missing in the slides is the reason why there had been an election in 2010/ 2011. Between MONUSCO and the South African defense force, the elections were completely assisted. The topography of the DRC makes it unable to run its own election. The South African defense forces were sent to drop off the ballot boxes at the polling stations before the elections which would not have been accessible otherwise. The elections must happen. Stability is needed. She had been assured that the current president is willing to step aside to let the processes go forward but he wants assurance that the country will not plummet into war again. The DRC needs support. The DRC is the richest country in the world in terms of mineral wealth, the whole continent would benefit from the release of that resource potential. The DRC is capable of running this election if they are provided the proper support. South Africa should offer support as it has the best electoral commission in the continent.

DIRCO Briefing on the Situation in South Sudan
Ms Tsholofelo Tsheole, Director, DIRCO, said currently, the political landscape of South Sudan remains tense due to clashes between government forces and various armed groups, particularly in Upper Nile, Jonglei, Western Bahr Ghazal and the Greater Equatoria region. The rival parties involved in the conflict, namely the Sudan People’s Liberation Movement-in-Government (SPLM-IG), Sudan People’s Liberation Movement-in-Opposition (SPLM-IO), Former Detainees (FD), and rebel groups heavily exacerbate the instability of the juvenile country.

Ms Tsheole provided an update on several key figures in the conflict. General Paul Malong Awan, former Army Chief of Staff, was accused by President Slava Kiir of commanding his forces from exile in Kenya. Dr Riek Machar, leader of the SPLM-IO, remains a guest in South Africa despite accusations that he is under house arrest. Mr William Endley, a colonel from the erstwhile South African Defense Force (SADF), was sentence to death by hanging on charges of espionage and an attempt to overthrow a sitting government. The South African government is actively utilizing Diplomatic Channels to intervene on William Endley’s sentence.

Continued ceasefire violations have received international condemnation. Sanctions are now being considered to penalize those leaders violating the ceasefire agreement. The humanitarian crisis that has resulted due to the prolonged conflict has forced nearly four million people to leave their homes. Famine was declared in conflict areas in 2017. Humanitarian aid workers continue to be a target of violence, 17 aid workers were killed in 2017 only and 84 have been killed in South Sudan since the onset of the conflict in 2013.

South Africa remains committed to finding a lasting solution to the conflict in South Sudan and will utilise all channels to do so.

Discussion
Mr Mokgolapa commented on the issue of Dr Machar. There has been a perception that he is on house arrest in South Africa which was refuted, but what is happening back home with his generals and lieutenants? Who interacts with them on his behalf as part of the revitalised IGAD? How credible is it that he will not go back to South Sudan after settlements are reached from negotiations? What is the status of his army?

In terms of the sentencing of William Endley, he understands there are diplomatic channels being followed but will there be any appeal of his sentence?

Part of the problem in South Sudan is the so called white army. One soldier will oppose the ruling party and all of the sudden they gain followers and it creates a rebel group. When they see negotiations are taking place they will want to be at the table.

Mr Radebe agreed that there can be no peace without the development of a stable government. What has been done up to this point to ensure the wealth is being distributed to the people of South Sudan? If it was distributed there would be less fighting. Also, it is very well known that in South Africa there is no capital punishment. This government is not going to accept that one of its citizens will subjected to capital punishment.

Ms Kenya expressed concern that a South African could be hanged in South Sudan. This cannot be allowed to happen, time is running out fast.

Ms Mashabela responded to the issue of Dr Machar, what is the position of South Africa on his supposed house arrest in the country? What has South Africa done to try to defuse tribal conflicts between the two leaders and their followers?

The Chairperson mentioned an article written by an author that lived in South Sudan in the Darfur region for fifteen years. One of the rebel leaders from the white army said “this gun is our food”. They use these guns to raid cattle which is an old tradition in South Sudan. They take over the food of others, they even take the women and rape them, it is part of the culture of this country. These groups also use these guns to kill each other from a tribal point of view. The waters continue to be muddied further by the Sudanese defense force. The government of Sudan did not want South Sudan to secede. After 2011, when they finally broke away, they tried to negotiate for a share of the oil profits. The oil fields, pipelines and refiners of greater Sudan happen to be in located in South Sudan. There is no economic life for Sudan or Omar al Bashir without these resources, therefore they generate violence deliberately down there. What is the role of the external actors like the UN? They are being meek especially because the United States, Russia and China all have interests in the region, particularly China right now. These P5 members may be half-hearted in their solutions. What is the enforceability of the comprehensive peace agreement, does it need military or political enforcement?

There is failure in leadership at many levels, from South Sudan to the AU and the entire regional structure. Their voice is not loud and clear about what should happen to that country. The standoff between Riek Machar and Salva Kiir has taken an ethnic dimension and will be very difficult to solve. At first the leadership was fighting for self-determination but now they are fighting against each other. The AU and the UN must rule over the government Sudan and al-Bashir in their activities in South Sudan.

In terms of William Endley, the Chairperson holds a slightly different view. While he was said to be conducting mercenary work in South Sudan, if a court of law in that country can prove that he was actually conducting military work, what is the position of South Africa and the AU regarding work like that? If they are violating the laws of that country and are subsequently tried in that country, what should be done if there is the death penalty if found guilty? However, it is assumed the court of South Sudan will not be objective. Could he instead be tried by the international court of justice which would be a good neutral source of justice?

Mr Maila expressed concern about the killing of humanitarian aid workers. Are people being prosecuted for these atrocities? Also, there is a famine in the country but the soldiers are never hungry. Can it be identified who is the source supplying arms?

The Chairperson asked if are there any policy recommendations interventions that the Department can think of to solve the conundrum of South Sudan. Can someone prevail over this matter?

The Department responded to the questions surrounding William Endley. He is a South African and it is the government’s responsibility to intervene on behalf of all South Africans regardless of what he did. It is the government’s responsibility to ensure he is not put to death. The Department has been going through diplomatic channels to achieve this goal, even engaging with the Vice President of South Sudan.

South Africa is going through diplomatic channels to find lasting solution to the conflict in South Sudan, hoping to appoint a new special envoy soon. South Africa at level of the UN is championing the process of trying to hold private military and security companies accountable to in international humanitarian law. At this stage, there is a vacuum in international law for holding these entities accountable.

Dr Machar is not under house arrest in South Africa. He was consulted through Ethiopia who is chairperson of IGAD and was invited to appoint his representatives. South Africa facilitated a meeting between the Ethiopian ambassador and Dr Machar in Pretoria for the appointment of his representatives. He is involved and constantly updated on the processes unfolding.

Mr Radebe asked how does South Africa helps to ensure that oil revenue goes back to the people of South Sudan?

Ms Tsheole responded that at this stage, they do not have an answer on how the oil revenues will filter down to the citizens. However, on the front of humanitarian assistance, South Africa has decided to work with faith based organizations of various religions as well as NGO’s that will be distributing aid to the people of South Sudan directly. The humanitarian assistance will not be distributed just to the government that will then be given to the soldiers. When that assistance lands in South Sudan, DIRCO will be there to ensure it is not redirected.

DIRCO Briefing on the situation in Morocco
Mr Gayna Tsengine, Chief Director, DIRCO, said South Africa’s relations with Morocco have remained strained since 2004 when South Africa formally recognised Western Sahara. Morocco recalled its ambassador to South Africa and only recently have the two nations considered exchanging Ambassadors once more although an official request has yet to be submitted.

To extend its sphere of influence, Morocco applied for readmission to the AU after mobilising the support from several African nations. Morocco was readmitted on 31 January 2017 and has since used its position to disrupt the recognition of Western Sahara. There is a clear agenda by Morocco to marginalise Western Sahara. Morocco’s diplomatic offensive will continue in an effort to convince other African nations that Western Sahara is a “Southern Province” of Morocco.

South Africa maintains its position that the occupation of the Western Sahara by Morocco is illegal and that the Saharawi people have the right to self-determination. This position is based on the principles maintained by the UN General Assembly resolution 1514. South Africa is currently engaging with Namibia to get them to host an international solidarity conference.

Discussion
Mr Mokgalapa stated that there is an old saying, don’t blame the player blame the game. Africa and the world should learn from King of Morocco how to play a diplomatic game. It is remarkable how much he has gotten already. He agreed that the people of the Western Sahara should have the right to self-determination but it must be figured out how to ensure this. The AU and the UN should be utilised in terms of conflict mediation and resolution. As it stands, the diplomatic offensive of Morocco will continue until it reaches the UN and when it does there will be muddy waters. The King is moving fast whereas South Africa is moving too slowly.

Ms Kenya stated that Morocco’s admission to the AU posed a problem to Western Sahara. It is clear that Morocco wanted to be part of the wood work. When will the solidarity conference in Namibia be held?

Mr Maila agreed that Morocco is playing its cards very smart. The patience of the people in Western Sahara cannot be taken for granted. They have been pursuing a peaceful solution but if Morocco keeps making things difficult, it cannot be predicted what might happen.

Ms Mashabela commented that the people of Western Sahara continue to suffer and their natural resources are being exploited. Despite the strained relationship between South Africa and Morocco, what role does South Africa continue to play in fighting for the Saharawi people?

Ms Dudley did not understand why South Africa’s position on South Sudan was different than its position on Western Sahara. What was different about these situations? What informed South Africa’s thinking to determine there would be one Sudan but at the same time agree with the self determination of Western Sahara?

Mr Radebe acknowledged that all countries of the EU are banned from trading with resources of Western Sahara. What does South Africa do to ensure the members of the EU comply with that?

The Chairperson highlighted that Morocco does not want the use of the word occupation when discussing Western Sahara. Morocco wants the region regarded as its southern province. It is in fact an illegal occupation, illegal exploitation, and illegal extraction. The beneficiaries of this illegal occupation are Spain and France. France provides political protection for Morocco’s illegal occupation through its power in the Security Council as a P5 member. At the international level, Morocco is buying the favour of France, Spain and the United States and now they are doing just that with the other African countries through the AU.

Where he disagrees with Mr Mokgalapa is that the player, Morocco, who is assisted by these other countries, is not playing a fair game. Which court should this matter be taken to if member countries of the AU are breaking the constitutive act? In his view, it is better to expel Morocco from the AU or at least make them agree to conditions if they wish to stay. It can be taken down to a vote, Morocco would get voted out.

Mr Tsengine noted that Morocco did their homework and took their time doing this. Even though Morocco was outside the AU fold, they continued to interact with a number of African countries and this interaction became more pronounced when they were preparing their application to rejoin the AU. In West Africa, the cultural, religious, political and economic ties between Morocco and the other countries in the region cannot be underestimated. The King is using his traditional religious leadership to his favor.

The influence and interests of other international players cannot be discounted. There was unhappiness amongst these players when South Africa took over the AU commission. The argument was made that Morocco is trying to weaken the AU but that is not just the agenda of Morocco, it is in the agenda of the other players as well. It is their interest to undermine these systems such as the AU so they may take advantage of resources in the region. This Is also about Morocco’s economic expansion. After West Africa, where to next? What stops them? Just last week, the Zambian Minister of Foreign Affairs announced that Zambia was considering derecognizing Western Sahara. Ghana was flittering with this idea as well.

Mr Tsengine responded to Ms Dudley’s question, stating that there is a difference between Sudan and Western Sahara as these are very complex matters. The histories that South Africa shared with the two regions are different as well. Western Sahara and South Africa had a relationship through the liberation movement.

It is most worrying that if South Africa is to play an influential role in the continent, they need to have Nigeria on their side. Concurringly, Nigeria has not said no to Morocco. The King visited Nigeria and promised a huge gas pipeline that would cut across several nations of the region, potentially benefiting each one. Morocco is very well calculated.

Ms Dudley asked for further clarification when talking about the moral high ground and inconsistency between Western Sahara and South Sudan.

A DIRCO official responded briefly that Western Sahara was recognised by the UN as a separate and independent country, however, the history shared between South Africa and Western Sahara should also be considered. Historically speaking, the ruling party of Sudan had always wanted a single Sudan until 2005 when it was realised it was almost impossible to remain a singular nation. South Africa backed what was once wanted by the people of Sudan until the support grew for the split. South Africa did not impose its own historical positions on the split of Sudan.

The meeting was adjourned.