Saturday, December 27, 2008

The Shoe and the Truth

The Shoe/Bush incident is the talk of the town. The Sudanese I spoke to let out an involuntary peal of laughter the first time they saw or heard, but quickly assumed disapproving expressions. The Sudanese, they claim, are quieter, more restrained, particularly in the face of authority. You would never see a Sudanese throw a shoe at anyone, they tell me.

(But when I ask why it is bad or good to throw shoes I get answers like ‘its bad because then the authority will be angry and it will make your life more difficult.’ It seems when life is already of a certain degree of difficulty, morality falls away and all that’s left are practical concerns.)

To me the footage is only meaningful with the sound on. The visual image is just an angry man. But the audio of Bush being cut off in mid-sentence – proclaiming friendship and ‘parting gifts to the Iraqi people’ - with a loud thud lends an ‘emperor’s new clothes’ side to the story. A lone man standing up for truth.

Its one thing for leaders to make foreign policy mistakes or at least to watch major unintended consequences of their actions unravel. But its another thing to pretend its not happening.

The Bush incident was embarrassing to many Iraqis (and Sudanese). But not nearly as embarrassing as Bush’s State of the Middle East Speech a week earlier was to me. I keep telling my Sudanese friends that Americans are more honest than that, more down-to-earth. That you would never see a true American stand before a wounded country and say things not remotely connected to reality.

Lessons from the Peace Corps

I was a Peace Corps volunteer before joining the UN. In training, a few weeks into your stay in a new country, they make you do an exercise called “community mapping” to learn the two most essential skills of community intervention.

The trainers drive you out to a small village, assemble the villagers, give you a pen and paper and tell you to sketch out a map of the existing village structures and services and identify needs for new ones.

Half the battle is explaining to a group of unsuspecting villagers who you are and what it is you are doing standing in the dirt in front of them with a pen and paper. The rest of the battle is learning how to listen. Vast differences between you and them soon become apparent – perhaps you don’t know what a gari mill is, and they definitely have no idea how to conceive of a map. Somehow you have to meet in the middle.

The point of this story is that UNAMID needs to get better at 1) explaining what it is and why it is there, and 2) relaying messages back from the community about what their needs are. This two-way communication is supposed to happen on daily “confidence building patrols” which consist of a few cars of police and military personnel driving around camps and villages and stopping to talk to people. These patrols constitute the vast majority of UNAMID’s billion-dollar-a-year contact with its constituency - rural Darfuris affected by the conflict.

But very little has been invested in developing these essential skills in police and military and in the translators through which their interactions are channeled. Going along on patrol you can’t help but notice some camp residents give blank stares in response to questions – they don’t know why UNAMID people are there and what they expect to offer. Others say everything is fine, having long ago given up hope that anyone is actually listening to what they say..

If you can’t communicate, you’re just someone with a pen and paper in the dirt.

The ICC and the US

I keep seeing editorials in respectable newspapers exhorting the US government to act to ensure that justice is not delayed in Darfur through a Security Council deferral of the arrest warrant for President Bashir.

A group of prominent Darfur experts wrote an open letter to Barrack Obama claiming that since Briton and France were negotiating with Sudan over the charges – trying to leverage major concessions in exchange for a deferral - the US must step into the moral vacuum and ensure that justice prevails, presumably in order to prevent dictators around the world from thinking they are immune to war cirmes charges.

Which would all sound a lot better if the US had not shied away from ratifying the Rome Statue creating the ICC for fear that its people would not be immune from war crimes charges.

Condilezza Rice has just outlined an expensive step by step plan for strengthening international justice mechanisms. But the single most meaningful gesture the US could carry out to strengthen the legitimacy of the charges against President Bashir and to raise the stakes of continued defiance of the law by the Sudanese government is to ratify the court's documents.

End of a Long Silence

I haven’t written in a long time, I apologize – I’ve been traveling a lot and I lost my USB drive with all my rambling writings somewhere in the sand. Its Christmas time now, and things have settled down a bit. Most people are on holiday.

President Bashir came to El Fasher yesterday. The weeks leading up were filled with frantic preparation – painting the curbs black and white, hanging Sudanese flags along the road, rushing to finish construction on the new mosque, military hospital, and ministry buildings. The frenzy of activity built up until the night before when hundreds of workers were still putting up power lines, sweeping the streets, and hammering – I half expected to wake up the next day in a reformed city, with shiny cars, nice buildings, and people singing in the streets.

Bashir’s arrival after all the preparation was anticlimactic, despite the significantly increased amount of armed men careening about town in pick-up trucks. He gave a speech promising peace and a new road to Khartoum, but my Sudanese colleagues were unimpressed.

The most drama occurred when residents of the displaced persons’ camp refused to allow Bashir’s convoy to pass by the camp on its way to the “model village” he was opening and inviting them to live in - so he had to travel the two kilometers by helicopter.

Friday, November 7, 2008

The Wrong Tools

Mohammed poked at the dry lump of rice on his plate which had been offered as lunch by the Nigerian contingent - “They can’t even cook food to eat, how do you think they are going to protect a community?” he asks. We are staying at a ‘teamsite’ – the small bases that are the AU-UN peacekeeping mission’s only presence in Darfur outside of the three regional capitals. Each houses about 150 military and 100 police who monitor armed movements and conduct daily patrols around the community.

Mohammed, who is from a minority tribe in Darfur, sees power politics clearly, with no comforting allusions. It has been a disheartening day and the lack of edible food is a good indicator of the difficulties faced by peacekeepers – impossible supply chains, low morale, and an uneasy relationship with the local community.

Landing here, you think the helicopter pilot has made a mistake. The first sign of life is a solitary soldier guarding the rocky landing spot, and behind him emerges the barbed wire and sand bladder cage representing an airport. Once you descend squinting into the harsh light you start to see subtle texture to the rocky landscape that is vegetation, crumbling houses and a donkey or two.

Kutum sits on the side of a dry river bed along a major nomadic route from Lybia to the Central African Republic and used to be a trading center of some fame (Wilfred Thesiger was stationed here as a young British Colonial Officer). Its centrality has also made it one of the epicenters of violence in the Darfur conflict with a long and twisting history of attacks.

The town is flanked by two huge displaced person camps – refugees from the battle waged between Government and rebel groups for control of their lands. The camps are in turn flanked by armed militia and camp inhabitants venturing out to plant crops or gather firewood are periodically harassed – assaulted, beaten, shot at, crops trampled and donkeys stolen. Although rumors of impending attacks are flying through town– after decades of instability the residents are good at predicting battles - the most immediate problem seems to be the crime and impunity which prevents (by design or not) people from going about their livelihoods.
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The first stop on a patrol with the UN peacekeepers is the GoS (Government of Sudan) Police station. UNAMID's mandate does not allow for the investigation of crimes or arrest of perpetrators - it is limited to the ‘protection of civilians under imminent threat’ ie. intervention either immediately prior to or during the criminal act. In cases where a crime has been reported after the fact, UNAMID's soldiers, police, and civilians can only pressure the government to fulfill its duty in investigating the crimes. And, though the GoS police’s motivation to investigate may be questionable, their ability is not. The perpetrators are both better armed and better connected. Heavily armed and turbaned men hovering around the police station listening to every word, press this point.

In the past, in line with traditions that allowed for the governing of immense inhospitable terrain, the police would call the leaders of a suspect's tribe to come account for his or her crime. But the old guard no longer has control, and showing up at the police station to admit it would be both humiliating and dangerous. Guns and salaries offered by the government have bent the loyalties of the tribes’ youth and destroyed the authority of their elders.

Exactly which guns and salaries are giving to which militia by the government is debatable, but few dispute that the GoS - having come to power in a coup - recognizes the danger of a military and is hedging its bets by supporting at least a few distinct armed groups. A result which Mohammed sums up as putting the entire town at the mercy of 13 year olds smoking marijuana in the bush waiting for orders on their satellite phones.

Residents are understandably frustrated that the relatively well-equipped peacekeepers can do little to improve their day-to-day situation. They complain that when the African Union mission turned over to the AU-UN mission, the soldiers only changed their hats – in truth, in many cases the soldiers only painted their old helmets blue. But the problem is not the quality of the peacekeepers; it is that of the mandate.

The mission may be successful in peace negotiations with its current mandate to protect civilians under threat of attack, but if it wants to make an immediate difference in the lives of civilians it needs to address crime.

The issue is hugely complicated – the power to arrest could, in a worst case scenario, make the UN a party to the conflict. And in a better case scenario, put the UN in the awkward position of choosing to dispense ‘international’ justice on an unwilling population or handing suspects over to either government or rebel forces that would likely kill them. But the purpose of a peacekeeping mission is to protect civilians, and if the threat to civilians is evolving, so must the mandate of the mission.

Friday, October 24, 2008

Humanitarian's Access

Media reports this week cite growing concern over ‘denial of humanitarian access’ in Darfur. Although such denial certainly exists, many of the actors being denied – in the form of travel bans, visa refusals, car-jacking, etc - are not strict ‘humanitarians,’ but a loose community of NGO’s whose right to intervene is debatable.

International law guarantees the protection of humanitarian space and actors – defined as neutral and impartial – in order to meet pressing needs of a population in wartime. The International Committee of the Red Cross as well as a few other agencies, such as MSF (Medecines Sans Frontiers) who define themselves by these focused principles, continue to fulfill this role.

But because human rights and civilian protection norms have expanded, the NGO community now includes organizations focused on education, counseling, women’s empowerment and other services. Which means, more and more, NGO’s are claiming the right of access, but not the responsibility. Their staff are not specialists in humanitarian law, the organizations participate in advocacy, provide statements to the media, or are linked with public figures. Yet, they still cry ‘denial of humanitarian access’ when their activities are blocked.

Humanitarian is a word used to self-describe - it’s not a laissez-passe to the destination of choice. NGO’s are guests in the countries in which they operate and can, legally, be expelled. Forfeiting neutrality means forfeiting the right to be present.

This conundrum is a stark reality in Darfur where an NGO setting up a medical clinic must face the decision to treat rape cases silently day-after-day, or to speak out against the violence and risk being expelled. Any NGO that chooses to be vocal knows they are making it more difficult for other organizations to establish care-facilities.

This problem has been exacerbated by the shrinking international state presence in Africa since the cold war. Now, when major events happen, the media and the Western world turn to the NGO’s on the ground for information and guidance. But an NGO that has made political statements in Uganda, cannot claim humanitarian status in Darfur.

So what does this mean for Darfuris? Confusion, duplication, obstruction, and lack of trust. A woman reporting a rape is never quite sure if it will be confidential – to whom or where the report will go. NGO’s repeat each others’ work because anyone conducting a nutrition or education assessment is reluctant to make it public. This has entrenched a culture of secrecy, competition, and non-transparency, as everyone tries to hide under the umbrella of humanitarian law.

Some organizations, such as Human rights Watch, have stepped boldly out into new territory – reporting and advocating very effectively but not maintaining a presence on the ground. The two extreme types of organizations (humanitarian and watch-dog) operate effectively under current international law, but the range in between is lost in the blurring lines.

We need a redefinition of terms and a rethinking of norms of access to allow different agencies to fulfill different roles. And we should start by clarifying the terms. Celebrities are not humanitarians, they are activists. OCHA – The Office for the Coordination of Humanitarian Affaires - is also the Office for the Coordination of NGO activity.

The government of a host country can and should be condemned for expelling organizations who report on rape and other topics – as a violation of free speech, or failure to protect its people – but is this really denial of humanitarian access?

Wednesday, October 15, 2008

Genocide by Urbanization?

“Generally speaking, genocide does not necessarily mean the immediate destruction of a nation… it is intended rather to signify a coordinated plan aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups.”
Raphael Lemkin, credited with coining the word 'genocide,' 1943


A warrant for the arrest of President Bashir (indicted by the ICC on crimes against humanity, war crimes, and genocide in July) is expected any day, and it’s making everyone jumpy. It’s also ensuring that the topic comes up a lot in conversation– is Darfur, or is it not, properly called genocide?

Given that Ocampo, the ICC prosecutor, has staked his reputation and possibly the courts very survival on this case, I imagine he holds a ‘smoking gun’ piece of evidence on the subject. But, from what the international community has seen in the last few years, I think Darfur is genocide mainly in the second part of the definition - the long term destruction of a culture, leadership institutions, livelihoods, and way of life.

Humanitarians estimate that as many as 10,000 people were displaced this week alone in South Darfur, with the number killed in the 20’s and 30’s (The numbers of displaced in Darfur have consistently been far greater than those killed). Imagine rural America – Wyoming and Utah for example, as the last frontier of the American West – and swaths of people, 10,000 at a time, forced off their land and to the edges of Salt Lake City until 2.5 million people were camped out. The economy ceases to function, land is up for grabs, herds, gene pools, and knowledge die off, infrastructure is destroyed or abandoned, irrigation systems collapse and the land reverts to the wild. Social organization unwinds and people’s self-worth and faith in humanity is tested. Resentment builds and identities change.

But, if I take only those criteria, then Darfur is genocide by ultra rapid (albeit, targeted) urbanization. Across Africa communities are abandoning traditional fields for city slums in reaction to a group of push and pull factors similar to those in Darfur. Environmental degradation and population growth are reducing productivity and increasing competition in the country side. Rumors of wealth and jobs (often at international companies and organizations) to be found in urban areas are pulling people to the city centers, where they find the reality does not always match their expectations.

New arrivals at displaced camps here in Darfur are often happier than you would expect them to be – awed by the new people and surroundings, treated as guests by their fellow camp-mates, telling their story to people who care, and expecting food and schooling. The reality of the tedium and degradation of displaced life takes a little while to set in. And the possibility of returning dims as instability increases, land ownership is confused and social ties mixed-up.

We tend to think of refugees as temporary, but they are much more often permanent. When there is finally peace in Darfur, the challenges faced by the population will be very similar to those around the world – building habitable cities and adapting to modern legal and cultural institutions.

The violence in Darfur is unique and very real, but the effects are at least comparable to the rapid and increasingly desperate urbanization happening around the developing world - does the fact that one group of people is forcing another into this situation qualify it as genocide?

Monday, October 13, 2008

Toxic Justice

A recent article in the New York Times claimed that the US Supreme Court’s influence on legal institutions around the world is waning – a result of the US’s departure from the path of multilateralism and universal human rights.

But even if the formal judicial influence of America is fading, our informal quasi-judicial concepts are spreading quickly and effectively.

Soon after ‘terr’rist’ became a household word in the United States, governments around the world dismissively labeled rebels, journalists, and human rights organizers as terrorists. And, when US courts decided that ‘foreign fighters’ are not entitled to habeas corpus, they made it much easier for other regimes to get off the rule-of-law hook with anyone who could feasibly be called a ‘foreign fighter.’

And now, so quickly, the lingo of the financial crises is spreading - Greed and toxicity can conveniently be blamed for everything. Instead of bucking up and calling the crisis what it is - regulatory weakness, mismanagement, political pressure, risky trading, etc - we can call it a “toxic spread.”

Now in Sudan, we start to see the International Criminal Court’s indictment of the president on genocide charges labeled as ‘toxic,’ and the result of Western ‘greed.’

This is part of what I find so scary about Govenor Palin’s debate lingo - Blaming vague, nebulous, and evil concepts for real problems legitimizes them. We might think the tendency of American political rhetoric to blame issues on ‘predators,’ ‘extremists,’ and ‘snobs’ could only be damaging to ourselves, but it goes much further.

Saturday, October 11, 2008

Complexity

A lot has been written lately on the complexity of the Darfur Crisis – armed groups have splintered and lawlessness has led to an increase in banditry and opportunism. Pundits disagree on the numbers killed and displaced, the main perpetrators, and the moral lines.

But very little has been written on the complexity of the humanitarian response itself. There seems to be a general consensus that if we had more humanitarians on the ground, things would be better. Little is said of the legal and ethical lines being walked by the international community, not to mention the almost insurmountable physical challenges to successful peacekeeping in the area.

Iraq analysis has often served as a foil to Darfur in the media - the discussion of the complex internal dynamics in Iraq fueling a civil war, the perception of American troops on the ground, etc vs. the characterization of an Arab ‘genocide’ in Darfur – so much so that some Darfur advocacy groups have pushed the slogan “Out of Iraq and Into Darfur.”

Missing from the Darfur issue is public discussion on the interface between humanitarians and the place, the people, and the conflict. Humanitarians, by their very motives, seem excused from this scrutiny. But, the international presence in Darfur is similar to interventions elsewhere, like Iraq, and has an enormous impact on an inter-state conflict. There is no such thing as a neutral - and a balanced impact is the best we can hope for. Our presence can fuel an insurgency, give legitimacy to armed groups, provide targets that win popular support, increase arms availability, etc.

Imagine first the physical challenges - UNAMID is a billion dollar a year mission, pasted on to a small town in an enormous desert. Fuel, generator parts, computers, paper, pens, chairs….everything…must be shipped by sea to Port Sudan, where the containers are unloaded onto trucks for 3,000 mile journey, 1,000 of which are not only unpaved, but untracked. The trucks must go around each little bush, into and out of each little ravine. And upon arrival they must be unloaded without a crane.

There are 10,000 people in the Mission who need heath care, food, water, and benefits. We are building a medium sized city from scratch, with mostly imported goods, in the middle of Africa. Imagine.

Which lead to the political challenges - Thousands of displaced people see the cars and trucks going by, but haven’t yet seen much improvement or tangible support. Men on horseback with AK-47s hijack Armored Personal Carriers because the UN cannot afford (politically) to shoot ‘civilians.’ Fuzzy relations with contractors hired to build the city who may have fuzzy relations with any number of groups creates conflicts on interest.

There is opportunism on all sides. Displaced Persons’ camp leaders exaggerate numbers to increase relief supplies. NGOs exaggerate problems or their ability to solve them to increase funding.

And there is tension between all the actors in a very stressful, high-stakes situation. Some NGOs have already been pressured to leave Darfur by the government, claiming that their work contributed to the evidence in the ICC documents indicting President Bashir. Some organizations emphasis on accountability prevents others from working, and vise versa.

These are the type of issues I will explore, hopefully slower and more coherently, in this blog :)

Human Rights Relavitism

Recently, considering law school, I sat in on a class discussion of legal ethics. The students largely condemned the ‘ambulance chasing’ lawyer, concluding that it is immoral to search out victims to exploit for personal greed – and many went on to express their desire to be human rights advocates instead.

Which got me thinking about my own job – documenting human rights violations in Darfur, where our strongest tool is often reporting and advocacy. We search out victims to find evidence which can be used to leverage reform, but also, to publicize our own mission, to accrue funding, and to make ourselves feel better.

The same point could be made for some of the great civil rights cases of our time. Jane Doe was not a desperate woman standing up for her rights in court as a last resort. She most probably would have secured an illegal abortion, as she had done at least once before. Instead she was found by a group of lawyers looking for a pregnant woman willing to sign on the dotted line so they could challenge the constitutionality of abortion bans.

Some civil rights activists used to attempt to be discriminated against, so they could bring charges. Is this different from ‘slipping’ on the ice in front of a store to sue for damages? Hmmmmmmm.

I remember my father once told me coming to Africa would be good for me because I would become a relativist. Thios week we heard a humanitarian organization's garbage collection truck was car-jacked in Darfur - which sounds worse that it does when you elaborate that it was car-jacked while dumping waste in the desert outside of town :)

Introduction

This is a new blog for me. An attempt to be informal, honest and to keep my parents informed – a poor substitute for the sunset, sun-downer talks we can have when I’m at home.

I recently re-deployed with the African Union/United Nations Joint Peace Keeping Mission in Darfur, and posts will largely be my reflections on the situation. You might be shocked to discover a lot of them focus on the international response to the conflict and not the actual conflict, but that’s what I’m thinking about for now.