7 EU Special Representative for Sudan
and South Sudan
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| Council Decision extending the mandate of the European Union Special Representative for Sudan and South Sudan
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| Legal base | Articles 28, 31(2) and 33 TEU; QMV
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 18 June 2012
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| Previous Committee Report | None; but see (33910) —: HC 86-iv (2012-13), chapter 19 (14 June 2012) and (31866)—: HC 428-i (2010-12), chapter 66 (8 September 2010)
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| Discussion in Council | June 2013
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
7.1 EU Special Representatives (EUSRs) are appointed to represent
Common Foreign and Security Policy (CFSP) where the Council agrees
that an additional EU presence on the ground is needed to deliver
the political objectives of the Union. They were established
under Article 33 of the Treaty on European Union and are appointed
by the Council. Their purpose is to represent the EU in troubled
regions and countries and to play an active part in promoting
the interests and the policies of the EU.
7.2 An EUSR is appointed by Council through the
legal act of a Council Decision. The substance of his or her mandate
depends on the political context of the deployment.[24]
Some provide, inter alia, a political backing to a CSDP
operation; others focus on carrying out or contribute to developing
an EU policy. Some EUSRs are resident in their country or region
of activity; others work on a travelling basis from Brussels.
7.3 All EUSRs carry out their duties under the
authority and operational direction of the High Representative
of the Union for Foreign Affairs and Security Policy (HR; Baroness
Catherine Ashton). Each is financed out of the CFSP budget. In
addition, Member States also contribute regularly through, for
example, seconding some of the EUSR's staff members.
Sudan and South Sudan
7.4 South Sudan gained independence from Sudan
on 9 July 2011. Prior to that, in Africa's longest-running civil
war, at least 1.5 million people are thought to have lost their
lives and more than four million were displaced in 22 years of
guerrilla warfare. Large numbers of South Sudanese fled the fighting,
either to the north or to neighbouring countries, where many remain.
7.5 The conflict was finally ended with the 2005
Comprehensive Peace Agreement, under which the south was granted
regional autonomy along with guaranteed representation in a national
power-sharing government.
7.6 The agreement also provided for a referendum
in the south on independence in 2011, in which 99% of southern
Sudanese voted to separate from Sudan.
7.7 Formed from the ten southern-most states
of Sudan, South Sudan is a land of expansive grassland, swamps
and tropical rain forest straddling both banks of the White Nile.
It is highly diverse ethnically and linguistically. Unlike the
predominantly Muslim population of Sudan, the South Sudanese follow
traditional religions, while a minority are Christians.
7.8 The new nation stands to benefit from inheriting
the bulk of Sudan's oil wealth, but continuing disputes with Khartoum
and a lack of economic development cloud its immediate future.[25]
EUSR Sudan
7.9 Dame Rosalind Marsden was appointed EU Special
Representative for Sudan on 11 August 2010.[26]
Her mandate has involved working with the Sudanese parties, the
African Union (AU) and the United Nations and other national,
regional and international stakeholders to achieve a peaceful
transition under the CPA, including the organisation of a credible
referendum on self-determination of South Sudan in January 2011;
actively contributing to the full and timely implementation of
the CPA and post-referendum arrangements; supporting institution
building and fostering stability, security and development in
South Sudan; improving security and facilitating a political solution
to the conflict in Darfur; promoting justice, reconciliation and
respect for human rights, including full cooperation with the
International Criminal Court; and improving humanitarian access
throughout Sudan.
The draft Council Decision
7.10 This Council Decision extends the appointment
of Dame Rosalind Marsden as the EUSR in Sudan and South Sudan
until 31 October 2013. Reflecting EU policy objectives in relation
to Sudan and South Sudan, it continues to require the EUSR to
work with EU governments, the AU, the UN and other national, regional
and international stakeholders, to achieve a peaceful co-existence
between Sudan and South Sudan based on the principle of two viable,
peaceful, and prosperous States.
7.11 In full, the EUSR's mandate shall be to:
a) liaise with the Government of Sudan, the Government
of South Sudan, Sudanese and South Sudanese political parties,
the armed and rebel movements in Sudan and South Sudan, as well
as civil society and nongovernmental organisations, with
the aim of pursuing the EU's policy objectives;
b) maintain close cooperation with the UN, including
the UN Mission in South Sudan (UNMISS) the UN Interim Security
Force for Abyei (UNISFA) and the UN Special Envoy, the AU and
in particular the AU High-Level Implementation Panel for Sudan
(AUHIP), the AU/UN hybrid operation in Darfur (UNAMID), the League
of Arab States (LAS), the Inter-Governmental Agency for Development
(IGAD) and other leading regional and international stakeholders;
c) represent the EU and promote its policy objectives
and positions in international and public fora, as appropriate;
d) contribute to furthering the coherence and
effectiveness of EU policy towards Sudan and South Sudan while
promoting a consistent international approach towards the two
countries;
e) contribute to international mediation efforts
led by AUHIP to facilitate agreement between Sudan and South Sudan
on outstanding post-CPA issues and to find an inclusive political
solution to the ongoing conflict in Southern Kordofan and Blue
Nile states;
f) support the implementation of issues agreed
under the CPA and eventual implementation of agreements on post-CPA
issues;
g) promote institution-building inside South
Sudan;
h) contribute to international efforts to facilitate
a comprehensive, inclusive and durable peace agreement for Darfur
and to promote the implementation of the Doha Document, working
closely with the UN, the AU, the Government of Qatar and other
international stakeholders, as appropriate;
i) promote respect for human rights by maintaining
regular contacts with the relevant authorities in Sudan and South
Sudan, the Office of the Prosecutor of the International Criminal
Court, the Office of the High Commissioner for Human Rights and
the human rights observers active in the region;
j) contribute to the implementation of the EU
human rights policy, including EU Guidelines on human rights,
in particular the EU Guidelines on Children and Armed Conflict
as well as on violence against women and girls and combating all
forms of discrimination against them, and the EU policy regarding
UNSCR 1325 (2000) on Women, Peace and Security, including by monitoring
and reporting on developments as well as formulating recommendations
in this regard;
k) contribute to the implementation of a comprehensive
EU approach to Sudan and South Sudan as agreed by the Foreign
Affairs Council on 20 June 2011;
l) in close cooperation with the European External
Action Service, contribute to EU engagement with all relevant
stakeholders to support efforts to mitigate and eliminate the
threat to civilians and stability in South Sudan and the wider
region posed by the LRA;
m) follow up and report on compliance by the
Sudanese and South Sudanese parties with the relevant UN Security
Council Resolutions.[27]
The Government's view
7.12 In his Explanatory Memorandum of 18 June
2013, the Minister for Europe (Mr David Lidington), explains that
proposed extension is for a period of four months only in view
of the High Representative's intention to rationalise resources
by merging this mandate with the responsibilities of the EUSR
for the Horn of Africa.
7.13 The Minister says that the EUSR focuses
especially on resolving the outstanding issues from South Sudan's
secession in 2011, and the remaining internal conflicts in the
two countries, in particular in Darfur, Southern Kordofan and
Blue Nile states in Sudan, and in Jonglei state in South Sudan,
and plays a valuable role in maintaining high level of EU engagement
within the broader international process. He also says that the
EUSR has kept EU Member States informed of developments in both
countries which has helped to ensure consistency of EU policy
in line with UK objectives. Recalling the EUSR's previous role
as UK ambassador to Sudan, the Minister says that he and his officials
have regular communication with the EUSR and her team, and have
ensured over the past year that the EUSR has been closely associated
with the work of the Sudan Troika — the UK, US and Norway
— to ensure that policy approaches have been closely aligned.
7.14 The Minister then notes that there has been
limited progress over the last twelve months in achieving UK and
EU objectives:
"Agreements were reached in September 2012 between
Sudan and South Sudan on key issues such as oil and border security,
and the EU Special Representative played a role in supporting
the African Union in those negotiations alongside the UK Special
Representative and other key partners. But implementation continues
to be problematic, and the process remains fragile and in need
of international support.
"Internal conflicts in Sudan's Darfur, Southern
Kordofan and Blue Nile states have also intensified over the same
period, with little humanitarian access. Human rights are also
an ongoing concern in both countries but particularly in Sudan
where freedom of expression and religion are being infringed.
There is also ongoing non-cooperation by the Sudanese Government
with the International Criminal Court on indictments related to
war crimes and crimes against humanity in Darfur."
7.15 Looking ahead, the Minister says:
"There is therefore a strong case for maintaining
the high level of EU commitment represented by the EUSR in the
coming months. We are hoping in this time for negotiations between
rebel movements and the Government of Sudan, as well as oversight
of implementation of agreements between Sudan and South Sudan.
The EUSR can play an important role alongside the UK, African
Union and other key international partners."
7.16 With regard to the proposed merger, the
Minister says:
"We welcome the High Representative's wish to
rationalise EUSR mandates in this region, providing a more cost-effective
intervention, while increasing strategic linkages in the region.
We have argued that the merger of mandates should not take place
immediately, given the fragile state of negotiations between Sudan
and South Sudan, and forthcoming decisions in July by the African
Union about its own future approach to mediation. We would also
want the EUSR for the Horn of Africa to remain focused in the
next few months on Somalia, in particular preparations for the
EU Somalia Conference in September 2013. The proposed four month
mandate extension will give an adequate period of time to plan
for the merger of the mandates in the light of developments over
the next two months."
"The extension of Dame Rosalind Marsden's appointment
as EUSR for four months has been supported by all Member States
in discussion at official level. If we support this extension,
we would be encouraging the EU to further support the development
of relations between Sudan and South Sudan as well as the success
of the CSDP mission. Not supporting it, would risk sending a
signal to the Governments of Sudan and South Sudan and international
partners that the EU has lessened its commitment to conflict prevention
and the long-term future of the two counties."
7.17 Turning to the Financial Implications,
the Minister says:
— funding
for Common Costs (office, in-country transport, office equipment
etc) is met from the Common Foreign and Security Policy budget,
of which the UK currently contributes 17%;
— the budget allocation has yet to be agreed;
— he will write to the Committee to confirm
the budget once he has received this information.
Conclusion
7.18 Once again, we find ourselves in the
same unsatisfactory position as last year, with no information
about the budget; this year, with only four months under consideration,
its absence is all the more unsatisfactory, especially as other
mandate extensions that we are dealing with in this Report provide
copious information. When the Minister does finally provide it
in this case, we would like him to explain the delay, and to provide
a (pro rata) comparison with last year's budget.
7.19 With regard to the proposed merger of
the two mandates, it is not immediately apparent what is going
to change between now and October that is going to make it sensible
then when it is not so at present. Given the limited progress
over the past 12 months to which the Minister refers — problematic
implementation and a fragile process in need of international
support — why there should be such a transformation over
the next four months that the reduced level of commitment implied
in a merger is likely to be in the EU and UK's interests is not
immediately apparent: and the follow-up to the EU Somalia conference
in September is presumably not going to lessen the EUSR to the
Horn of Africa's workload. We expect the Minister to deal with
these matters fully as and when he submits his Explanatory Memorandum
on any Council Decision to merge the two mandates.
7.20 We continue to hold the draft Council
Decision under scrutiny, pending receipt of the missing budgetary
information and the Minister's comments about why he expects circumstances
to change over the next four months sufficiently to justify a
merger.
7.21 We will also question the Minister further
about Parliamentary scrutiny of EUSR mandates when he comes to
give evidence on Thursday 4 July.
24 Article 33 TEU says that "The Council may,
on a proposal from the High Representative of the Union for Foreign
Affairs and Security Policy, appoint a special representative
with a mandate in relation to particular policy issues. The special
representative shall carry out his mandate under the authority
of the High Representative". Article 31(2) TEU provides
for his or her appointment to be adopted, not by unanimity as
is normally the case with decisions relating to the EU's external
action and common foreign and security policy, but by QMV. Back
25
See http://www.bbc.co.uk/news/world-africa-14069082. Back
26
Prior to this appointment she had been British Ambassador to Sudan
for three years until May 2010. Back
27
In particular: 1556 (2004), 1564 (2004), 1590 (2005), 1591 (2005),
1593 (2005), 1612 (2005), 1663 (2006), 1672 (2006), 1679 (2006),
1769 (2007), 1778 (2007), 1881 (2009), 1882 (2009), 1891 (2009),
1919 (2010), 1990 (2011), 1996 (2011), 2024 (2011), 2046 (2012)
and 2104 (2013). Back
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