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Recommendations Unavailable
Policy recommendations not available for this country's assessment
Is there formal provision for effective and independent legislative scrutiny of defence policy?
1) &quoute;The Transitional Constitution of the Republic of South Sudan, July, 2011&quoute;. &quoute;Sub-sections (a-g) of Article 57&quoute;;
2) Prof. Samson Samuel Wassara, &quoute;Security Challenges in Post-Liberation South Sudan.&quoute; In State Building and Development in South Sudan by African Research and Resource Forum (Nairobi, Kenya 2011), 58;
3) &quoute;The Sudan People's Liberation Army Act, 2009&quoute;. &quoute;Sub-section (9) of Section 14.&quoute;
4) &quoute;The Public Financial Management and Accountability Act, 2011&quoute;. Sub-section (3) of Section 8&quoute;.
5) &quoute; Condemnation of Salvar Kiir's Fascist Dictatorial Regime in Juba,&quoute; In-depth Africa, 7th June 2014, accessed 23rd June, 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers.
6) The National Legislative Assembly, http://www.southsudaninfo.com/National_Legislative_Assembly, accessed 10th Feb. 2015.
7) Legislative Assembly, South Sudan, http://www.goss.org/index.php/legislative-assembly, accessed 10th Feb. 2015.
8) Presidential Decree No. 10/2011 for the Reconstitution of the National Legislative Assembly of the Republic of South Sudan, 2011, issued on 1st August 2011.
9) Freedom House, South Sudan, 2015, https://freedomhouse.org/report/freedom-world/2015/south-sudan
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
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Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?
Researcher4126: There is a parliamentary committee in place to exercise oversight on defence and security in South Sudan commonly referred to as &quoute;the specialized committee on security and public order&quoute; of the NLA. Section 15 of the Sudan People’s Liberation Army (SPLA) Act of 2009 mandates the SPLA Command Council to exercise oversight management on security and defence issues.
However, security issues in South Sudan are mainly handled by the SPLA Command Council. Notably, the involvement of the legislature in security issues is very minimal. For instance, the SPLA defence White Paper was already approved by the president and the Council of Ministers by the time it was presented to the legislature, rather than being debated in parliament.
It has been observed that most policy decisions in South Sudan, including appointments, are decreed by the president. Close to 40% of the members of the NLA were also appointed through presidential decree. In such a scenario, the effectiveness of oversight management of the NLA in security and defence issues is questionable. Notably, the president has on some occasions threatened to dissolve the NLA if it refused to approve his recommendations [5].
1) &quoute;The Sudan Peoples' Liberation Army Act, 2009&quoute;. &quoute;Sub-section (3) (a-f) of section 15&quoute;.
2) GlobalSecurity.org, &quoute;South Sudan defence White paper 2008,&quoute; accessed 15th July 2014, http://www.globalsecurity.org/military/world/para/spla-2.htm.
3) Presidential decrees, http://www.goss.org/index.php/presidency/presidential-decrees, accessed 10th Feb. 2015.
4) Radio Tamazuj, Documents decree, https://radiotamazuj.org/en/article/documents-decrees-issued-south-sudans-president, accessed 10th February 2015.
5) “Condemning Kiir’s facist regime: PR from MPs & SPLA Officers”, By IAfrica in South Sudan Jun 9th, 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers/, accessed 23rd June 2014.
6) Gurtong: Presidential Decree No. 10/2011 for the Reconstitution of the National Legislative Assembly of the Republic of South Sudan, 2011 issued on 1 August 2011, http://www.gurtong.net/Governance/Governments/LegislativeAssembly/tabid/467/Default.aspx, accessed 23rd August, 2015.
7) Government of South Sudan: Presidential Decree No. 10/2011 for the Reconstitution of the National Legislative Assembly of the Republic of South Sudan, 2011 issued on 1 August 2011, http://www.goss.org/index.php/legislative-assembly); accessed 23rd August, 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
Comment:
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Is the country's national defence policy debated and publicly available?
Researcher4126: There is no defence policy in South Sudan. For quite some time, the SPLA defence White Paper 2008 provided the framework for managing the army and security sector, despite the limitations. However, the Southern Sudan Legislative Assembly (SSLA) was also not effectively involved in the development of the defence White Paper. The legislature was not included during the drafting and the paper was presented to the parliament after approval by the president and the council of ministers. The defence White Paper is also not public.
The process of developing a national security policy for South Sudan was initiated in June 2012 with support from the AU. The National Legislative Assembly in South Sudan passed the National Security Bill in October 2014 that awaits assent by the president. However, according to media reports, the bill was passed under serious controversy. The bill did not pass through all the necessary stages- there was no public hearing/debate. Some members of the NLA also walked out of parliament in protest. Civil society organizations and the European Union in South Sudan were also critical of the bill. There was street protest against the bill in Juba, the capital city. The bill was not subjected to public scrutiny.
Response to peer and government reviewers:
The SPLA defence White Paper (2008) was not publicized; the same applies to the National Security Bill, 2014. Briefing the military on the SPLA Transformation Strategy is not the same as releasing it publicly - ordinary South Sudanese citizens were not involved in the debate. The score has therefore been maintained, as this question specifically addresses the public nature of these documents.
1) Prof. Samson Samuel Wassara, &quoute;Security Challenges in Post Liberation South Sudan.&quoute; In State Building and Development in South Sudan, by African Research and Resource Forum (Nairobi, Kenya, 2011), 58.
2) African Security Network, &quoute;South Sudan Begins the Development of a National Security Policy,&quoute; 16th June 2012, accessed 20th June 2014, http://www.africansecuritynetwork.org/site/index.php?option=com_content&view=article&id=184:south-sudan-launches-development-of-a-national-security-policy&catid=1:latest-news&Itemid=58.
3) SUUD Institute, &quoute;South Sudan’s National Security Bill: Merits and Public Reactions&quoute;; by Augustino Ting Mayai; Jok Madut Jok, 7th October 2014, accessed 10th February 2015, http://www.suddinstitute.org/publications/show/south-sudan-s-national-security-bill-merits-and-public-reactions.
4) &quoute;EU concerned about South Sudan’s draft security legislation” by Waakhe Simon Wudu, 31st October 2014, http://www.theniles.org/articles/?id=2506
Opinion: Agree
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Opinion: Disagree
Comment: This is due to the fact that some of the defence issues are not for public domain.
Suggested score: 2
Opinion: Disagree
Comment: I think there is a case for giving a &quoute;1&quoute; here. South Sudan was in the process of updating the Defence White Paper in late 2013 just prior to the current hostilities breaking out. Prior to that SPLA HQ produced an SPLA Transformation Strategy with a related SPLA Objective Force 2017 document that COGS briefed widely to military staff across the country in a series of roadshows. MOD also produced a related 'MOD Transformation Strategy' which was widely consulted and promulgated across the Ministry. Admittedly these documents might have been overtaken by the turmoil of the past year.
Suggested score: 1
Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?
Researcher4126: There is no evidence of CSO involvement in general government anti-corruption initiatives in South Sudan. Although the GoSS has supported the establishment of CSOs with the view to fully involve them in governance (1), CSOs who are critical with the government on issues of corruption and security have continually been harassed by security agents (4).
The first open engagement between the government and civil society actors in South Sudan was observed during the debate in the New Deal in 2012. The South Sudan NGO Forum participated in the fragility assessment and also took the lead in some of the committees. The government has however restricted debate on issues of corruption and security in the New Deal where CSOs are involved, referring to such a debate as &quoute;sensitive.&quoute; This clearly demonstrates lack of willingness by the government to involve CSOs on the so called sensitive security issues, that includes corruption.
Civil society in the country is convinced that any criticism of the government on corruption and security constitutes a &quoute;personal security risk&quoute; (4) . More so, the SPLM has found it hard to reform the state in a manner that is truly participatory and inclusive because of the fear that some individuals in charge of state apparatuses (who played crucial role in the liberation), may pose a security threat to the country if they are left out (3).
Notably, CSOs have been working on community security and conflict mitigation. However, initiatives have not yielded any tangible results because CSO efforts, largely due to personnel being threatened by security agents, both in Juba and Rumbek for hosting awareness campaigns on corruption. The civil society alliance that spearheaded massive campaigns, including street protests against corruption in government was equally threatened by security agents, and the Chairperson at one moment disappeared. CSOs are not, therefore, meaningfully involved on state security issues. State security matters, including corruption of the army are regarded as concerns for the military.
The New Sudan NGO Act, 2003 and the New NGO Bill that was approved by the NLA in May, 2015, have reportedly been restrictive and problematic rather than protective of NGO operations (6). According to media reports, President Salva Kiir refused to resign the recent NGO Bill passed by the NLA, although the reasons were not publicized. This raises a serious question on the effectiveness of the law to protect NGOs/CSOs in South Sudan.
According to the interviewee, members of the national security service have on several occasions threatened them with violence, together with other members CSOs because of the street protest held in Juba in 2012, against the government due to corruption in the country. This climate of danger for CSOs precludes a higher score.
Response to peer reviewer:
The community meetings hosted in Fangak and other parts of South Sudan were focused on monitoring intra- and inter-communal violence. These are CSOs initiative, but do not involve the government. Besides, the initiatives did not yield any tangible results because CSO efforts were frustrated by some army generals. Some army army generals were accused of fueling intra and inter communal conflicts for personal gains. CEPO has been threatened by security agents, both in Juba and Rumbek for hosting awareness campaigns on corruption. The civil society alliance that spearheaded massive campaigns, including street protest against corruption in government was equally threatened by security agents, and the Chairperson at one moment disappeared. Score maintained.
1) H.E Dr. Riek Machar Teny, &quoute;Experiences of State Building and Development in South Sudan&quoute;. In State Building and Development in South Sudan, by African Research and Resource Forum (Nairobi, Kenya, 2011), 16.
2) Interview with a senior member of a civil society organisation, South Sudan, June 2013
3) George Omondi, &quoute;The Challenges of State Building in the New Republic of South Sudan.&quoute; In State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (Nairobi, Kenya 2013 ), 30.
4) Personal knowledge during employment with an international organisation, South Sudan, 2013
5) New Deal, http://www.grss-mof.org/key-topics/new-deal-and-g, 2014
6) ICNL, NGO Law Monitor: 2 August 2015, accessed 25th August, 2015, http://www.icnl.org/research/monitor/southsudan.html
Opinion: Agree
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Opinion: Agree
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Opinion: Disagree
Comment: Prior to the end of 2013 I am aware of some limited success stories involving CSOs working with security agencies. One project of note was in Fangak province where there was a monthly liaison meeting between citizens and authorities facilitated by a CSO called Standard Action Liaison Focus (SALF). I'm aware of two other Juba-based CSOs doing good work in this sphere: CEPO was making progress resolving insecurity between farmers and pastoralists along the Lakes- Western Equatoria border. ONAD’ was seeking ways for communities to better respond to gender-based violence in Central Equatoria. All of these CSOs received the majority of their funding from international donors.
Suggested score: 2
Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)
Researcher4126: South Sudan acceded to the UNCAC agreement on 23rd January 2015. However, although there are some provisions in the Penal Code Act, 2008; and the Code of Criminal Procedures Act, 2008 related to combating corruption, the government seems hesitant to enforce them. According to media reports, none of the corruption-related cases investigated by the government has been concluded. There are also no reports to the public on the outcome of cases of corruption investigated by the government. More so, it has been observed that certain individuals are more powerful than the government- some corrupt individuals are empowered by their ministries to steal government money (4 & 5). This does not show compliance with UNCAC.
Response to government reviewer:
Agreed that there is the anti-corruption commission in the country. However, no government officials have been penalised despite the fact that the government has acknowledged the widespread corruption in the country (4)
1) Magali Mores, &quoute;Overview of Corruption and Anti-Corruption in South Sudan&quoute;, reviewed by Marie Chene (Transparency International) and Njoya Tikum (4th March, 2013), 5. 2)
2) The Penal Code Act, 2008.
3) Code of Criminal Procedures Act, 2008.
4) “South Sudan VP acknowledges massive corruption in collection of non-oil revenues”, June 2014, https://radiotamazuj.org/en/article/south-sudan-vp-acknowledges-massive-corruption-collection-non-oil-revenues.
5) “Opinion: How to tackle corruption in South Sudan”, By Ngor Arol Garang, 19th August 2014, https://radiotamazuj.org/en/article/opinion-how-tackle-corruption-south-sudan
6) The Republic of South Sudan website, accessed on 23rd June 2014, http:www.goss.org.
7) United Nations Treaty Collections: Status as of 26th August, 2015, accessed 26th August, 2015, https://treaties.un.org/pages/viewdetails.aspx?src=ind&mtdsg_no=xviii-14&chapter=18&lang=en
Opinion: Agree with Comments
Comment: Prolonged violence has meant that war crimes and other atrocities have been unaddressed by the Government of South Sudan. South Sudanese religious and civil society groups have called for war crimes to be addressed, for both the current conflicts and previous internal conflicts.
Sources:
UNDOC. “United Nations Convention Against Corruption Signature and Ratification Status as of 12 November 2014.” Accessed 24 March 2015. http://www.unodc.org/unodc/en/treaties/CAC/signatories.html.
“South Sudan: Delayed Peace Means No Justice for War Crime Victims.” All Africa, 6 March 2015. Accessed 20 March 2015, http://allafrica.com/stories/201503061443.html.
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Opinion: Agree with Comments
Comment: The anti corruption department is established and is functional but with minimal outputs.
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Opinion: Agree
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Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?
Researcher4126: There is no evidence of public debate on issues of defence. The National Security Bill, 2014 was also not subjected to public scrutiny (3). The only available platform in South Sudan for the public to engage with the army on issues of security and defence is the media. However, the media houses are seriously censored by the government. There is no freedom of the press, which makes it very hard for the public to effectively engage with the government on issues of governance (1). There is no evidence of the government participating in debates related to corruption, except for a few press statements made by the ruling regime. Government officials are very hesitant to talk on corruption each time they are engaged on it, and regard it as &quoute;sensitive&quoute;.
Notably, an attempt by the public through the media to engage security personnel on issues of corruption and security has led to either security threats or flattering statements to the media. The army has harassed individuals and other journalists for criticizing the government on the so called &quoute;sensitive security issues&quoute;. According to media reports (1), security personnel have also harassed, detained and killed citizens for taking part in peaceful demonstrations on issues of graft, land grabbing etc.
According to media reports, at least 7 journalists since January 2015 who have tried to promote public debate on matters regarded sensitive by the state have been murdered; and government is held accountable. The most recent is the murder of a journalist that took place on 19th August 2015, in Juba, just three days after President Kirr issued threats to the media (6).
Through January 2013 to September 2013, several dialogues were hosted in various parts of the country by the civil society between the army and journalists with the view to understand each others mandate and improve their relations- the outcome is yet to be seen (2).
Response to peer reviewer:
A spokesperson for the international media and occasional statements by ministers do not represent examples that might foster public dialogue on a national or local level. For example, a recent statement by the defence minister merely states that South Sudan is &quoute;not yet free, [but is being] held hostage by internal divisions, hatred and sectionalism that requires the young, educated citizens to free the country&quoute; (7). Score maintained.
1) &quoute;Crack down on journalists in South Sudan pits the people against the people's army.&quoute; Media Global News, 17th June 2013, accessed 20th June 2014, http://www.mediaglobal.org/2013/06/17/crackdown-on-journalists-in-south-sudan-pits-the-people-against-the-peoples-army.
2) Report on the national dialogue between the media and the army commissioned by AMDISS facilitated by Josephine Chandiru Drama, June 2013.
3) &quoute;EU concerned about South Sudan’s draft security legislation” by Waakhe Simon Wudu, 31st October 2014, accessed 10th February 2015, http://www.theniles.org/articles/?id=2506
4) Promotion of Awareness and Civil Society Support for Freedom of Expression in Southern Sudan”, accessed 26th August, 2015, http://www.norad.no/om-bistand/publikasjon/ngo-evaluations/2014/promotion-of-awareness-and-civil-society-support-for-freedom-of-expression-in-southern-sudan/
5) S. Sudan security seek to ‘strengthen relationship’ with media, accessed 26th August, 2015, https://radiotamazuj.org/en/article/s-sudan-security-seek-%E2%80%98strengthen-relationship%E2%80%99-media
6) &quoute;South Sudan journalist slain after Salva Kiir's threat against reporters&quoute;: Daily Nation Newspaper; August, 21st, 2015; accessed 22nd August, 2015, http://www.nation.co.ke/news/africa/South-Sudan-journalist-shot-after-threat-reporters/-/1066/2840696/-/xu296j/-/index.html
7) Sudan Tribune, &quoute;South Sudan’s defence minister says nation not yet free&quoute;, September 25, 2015, http://www.sudantribune.com/spip.php?article56509, accessed 05 October 2015
Opinion: Agree
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Opinion: Agree
Comment:
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Opinion: Disagree
Comment: The SPLA has an established and active public spokesperson, Col Phillip Aguer who has a good reputation among the international media for speaking frankly and authoritatively on security issues. He may be becoming too well known - his house was torched in Jan 15 by opponents. See http://nyamile.com/2015/01/15/breaking-news-house-of-spokesman-got-burned-in-juba/. The Minister of Defence also gives occasional interviews to the media and makes speeches on defence issues.
Suggested score: 2
Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?
Researcher4126: There is some evidence that the government is considering an anti-corruption policy, but it is not in place yet. For the moment, the SPLA Act, 2009 (section 73) provides some coverage for handling corrupt practices in defence, but the government seems to be reluctant to enforce it because none of the persons accused of corruption have been prosecuted (5).
Nevertheless, the recent dismissal and investigation of public officers suspected of corruption, the President's letter to 75 senior government officials for the return of stolen money, the recent reshuffle in government and the development of national security policy among others things means that it is looking more likely that anti-corruption policy will be developed (4).
Prior to independence, there was an anti-corruption plan for South Sudan. In 2009 the Southern Sudan Anti-corruption Strategy 2010-2014 was launched, followed by the Southern Sudan Anti-corruption Action Plan 2010-2014, which was launched in Juba on 9th December 2009. The same year, there was a workshop on Good Governance, Ethics and Reforms in the Southern Sudan Legislative Assembly and the signing of the Memorandum of Understanding between the Governors of the 10 States of Southern Sudan and the Anti-corruption Commission to aim higher (7).
The five stated aims of Southern Sudan's anti-corruption plan were as follows:
(1)Preventing corruption, including promoting education and awareness of corruption, institutional capacity to detect and correct corrupt practices and researching corruption,
(2)Promoting good governance, including improving public financial management, improving management of procurement and disposal of assets, improving management of taxation, improving human resource management, promoting ethical conduct among public officials, public accounts and capacity building,
(3)Prosecuting corruption cases, including detecting and reporting corruption, investigating corruption cases, and prosecuting corruption cases,
(4)Partnership working,
(5)Monitoring and evaluation.
Since independence, it is unclear what has happened to the anti-corruption plan, but it does not appear to have been renewed. Instead, recent media reports state that &quoute;the leadership of South Sudan’s ruling party (SPLM) says it is devising strategies to help the government combat corruption to steer forward the country, allowing delivery of services as it pursues peace with the armed opposition groups.&quoute; (6) However, they also cite scepticism over the current administration's political will to tackle the problem, so it is unclear whether any new anti-corruption strategy that emerges would be fully enforced.
Response to peer reviewer:
Over the years, the SPLA has deliberately frustrated efforts by the office of the General Auditor to have its accounts audited (see audit report for the period 2005-2008). There is also no report to the public on the outcome of any investigation on corrupt practices by the MoDVA, including disciplinary any actions taken on corrupt army generals. The 15th December 2013 political violence and the ensuing insecurity has often been used by the government a way to sidestep the issue of political accountability. Corruption in the MoDVA has thrived since the establishment of the interim government (2005). The government simply lacks the political will to address the issue. Score maintained.
1) The Sudan People's Liberation Act, 2009. Sub-section (1) (a-h) of section 73.
2) &quoute;South Sudan's Kiir accuses the army of corruption.&quoute;, Sudan Tribune, 20th September 2013, accessed 15th June 2014, http://www.sudantribune.com/spip.php?article48115.
3) &quoute;South Sudan again pledges to tackle corruption.&quoute; The Economist, 26th September 2013, accessed 18th June 2014, http://country.eiu.com/article.aspx?articleid=531001037&Country=Sudan&topic=Politics.
4) &quoute;Salvar Kiir orders investigation of his office administrators over stolen money.&quoute; Sudan Tribune, 13th April 2013, accessed 23rd June 2014, http://africajournalismtheworld.com/tag/south-sudan-corruption.
5) &quoute;South Sudan’s Fight against Corruption: Are We Winning?&quoute; WEEKLYREVIEW, July 3, 2013, by Abraham Awolich, accessed 11th Feb 2015, http://www.suddinstitute.org/assets/Publications/South-Sudan-Fight-Against-Corruption2.pdf
6) &quoute;S. Sudan’s ruling SPLM devising anti-corruption strategy&quoute; Sudan Tribune, April 5, 2015, http://www.sudantribune.com/spip.php?article54517
7) &quoute;Anti-Corruption Commission (SSACC)&quoute;, IAACA, February 15, 2012, http://www.iaaca.org/AntiCorruptionAuthorities/ByCountriesandRegions/S/Sudan/201202/t20120215_805325.shtml
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Disagree
Comment: The MOD has a Director of Oversight and a Director of Internal Audit. I am aware of at least one internal investigation into corruption by these authorities in late 2013 that identified malpractice involving a senior official. There is also a clear awareness across the MOD/SPLA HQ that the issue of 'ghosts' on the payroll is rife with corruption and measures were in hand as of late 2013 to address this. Sadly I suspect that these measures have not been implemented due to ongoing security problems.
Suggested score: 2
Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?
Researcher4126: Institutions are in place, but they are scattered or uncoordinated or not sufficiently staffed and funded.
The South Sudan Anti-Corruption Commission (SSACC) is mandated to provide technical oversight in integrity issues. However, there are reports that it is poorly funded and staffed, particularly following austerity measures in 2013 that cut its budget by almost 40%. As a result, the commission stopped recruiting new staff, freezing it to its existing 126 employees, who are spread across South Sudan’s 10 states (9).
The Public Management and Accountability Act, 2011 provided for the establishment of the integrity institutions in the MoDVA. However, there is no information that is available to the public as to whether they have been established. Besides, MoFEP which is responsible for the provision of overall technical oversight, lacks independence and the required capacity to effectively perform its tasks. The MoFEP also lacks resources and the required capacity to effectively provide the required technical oversight to the MoDVA (4 & 5).
The police force has an Inspector General, and the The Ministry of SPLA Affairs lists an Inspector General on their staff site (11), but is unclear what functions they fulfil in terms of countering corruption or building integrity as there is very little public information available on their roles. The only indication that they might have such responsibilities is a brief report on integrity training that was delivered to the Inspector General and Deputy Inspector General of Police in 2012 (10).
Response to peer reviewer:
Indeed, the MoDVA has an internal audit unit that was set-up in early 2013. However, it has been observed that most decisions in government are influenced by the political elites who are at the same time army generals placed in sensitive positions in all ministries, including MoDVA. I have added sources 7 and 8 to support this.
Response to government reviewer:
I was unable to find any public information on the MI, and have therefore had to maintain the score.
1) The Economist, South Sudan again pledges to tackle corruption, 2013, accessed 18th June 2014. http://country.eiu.com/article.aspx?articleid=531001037&Country=Sudan&topic=Politics.
2) Sudan Tribune, Salva Kiir orders investigation of his office administrators over stolen money, accessed http://www.sudantribune.com/spip.php?article46214.
3) US financial aid for African armies and corruption in Nigeria, South Sudan and Uganda, accessed 23rd June 2014. http://africajournalismtheworld.com/tag/south-sudan-corruption.
4) &quoute;Overview of corruption and anti-corruption in South Sudan&quoute;, Mugali Mores reviewed by Marie Chene of TI, March 2013 No. 371;
5) &quoute;Weak institutions a cause of corruption in South Sudan&quoute; Sudan Tribune, 10th June 2012, accessed 11th February 2015, http://www.sudantribune.com/spip.php?article42875e;
6) Section 11 (1-9), The Public Management and Accountability Act, 2011
7) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
8) World Bank. 2013. South Sudan Procurement Assessment Report (SSPAR). Washington DC ; World Bank. Accessed 9th Sept. 2015, http://documents.worldbank.org/curated/en/2013/06/17953124/south-sudan-country-integrated-fiduciary-assessment-vol-3-3-south-sudan-procurement-assessment-report-sspar
9) &quoute;South Sudan’s anti-corruption body running short of cash&quoute;, Sudan Tribune, February 4, 2013, http://www.sudantribune.com/spip.php?article45400
10) &quoute;Reporting On Police Leadership In South Sudan&quoute;, Integrity Research, April 2012, https://www.integrityresearch.com/2012/04/reporting-poice-leadership-south-sudan/
11) &quoute;Defence and Veterans Affairs&quoute;, GOSS, http://www.goss.org/index.php/ministries/defence
Opinion: Agree
Comment:
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Opinion: Disagree
Comment: The MI.
Suggested score: 3
Opinion: Agree with Comments
Comment: The MOD established directorates for Internal Audit and Oversight in 2013. It is acknowledged that these are not yet fully operational or effective.
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Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?
Researcher4126: The public view the defence establishment in South Sudan as corrupt and without the political will to tackle the problem. This because the government has failed to bring to prosecute any army generals who have been accused of corruption. The South Sudan Penal Code Act, 2008 that criminalizes corruption is not enforced by the government and senior army officers in the MoDVA continue to engage in graft with impunity (2).
South Sudan in general is perceived by the public to be very corrupt; and the public does not trust the government to tackle the issue of corruption. It is argued that corruption, especially in the military, has been created as a mechanism to reward 'liberators' who fought the Khartoum-based government between 1985 and 2005 (8). Some citizens also believe that corruption has deliberately been created by the government to make citizens illiterate and poor; and the that there will be no action by the government to combat it (9).
South Sudan is ranked as the 5th corrupt country in the world according to the 2014 corruption index published by Transparency International. Notably, corruption in the country is endemic in the forms of kickbacks, especially in institutions such as immigration, customs, taxes and traffic police (10). Unfortunately, none of the the perpetrators have been prosecuted.
The Global Corruption Barometer 2013 found that 53% of respondents perceived the military to be corrupt or very corrupt and the fifth most corrupt institution of the twelve assessed (on the basis of public perception). In comparison, NGOs, religious bodies, businesses and the judiciary were perceived to be more corrupt. After publication of the GCB in 2013, however, trust in the military may have been affected since by the role of security forces in the intimidation and attacks inflicted on civilians in the new civil war and the failure of military and political leaders to hold forces to account.
As noted by peer reviewer 1, in interviews with the public by the Sudan Tribune, people of South Sudan stated that corruption is becoming an expected part of how South Sudan's government operates, with corruption being viewed by some South Sudanese journalists as one of the catalysts for the current internal conflict. It seems unlikely that the current government will act to address corruption or bribery, be it in the defence and military, or other ministries.
Response to government reviewer:
Even if anti-corruption is present in ethics and rules of the MoDVA, this question looks at public perceptions. There is ample evidence to suggest that public trust in the institutions of defence and security to tackle the issue of bribery and corruption in their establishments is extremely low.
1) Sudan Tribune, &quoute;South Sudan Kiir accuses army of corruption.&quoute; 20th September 2013, accessed 15th June 2014, http://www.sudantribune.com/spip.php?article48115.
2) J. Nguen Nyol, &quoute;Another $227 Million Dollars Scandal Involving South Sudan’s Chief Negotiator Nhial Deng Nhial and Elder Son of the South Sudan Central Bank Governor.&quoute; South Sudan News Agency, 12th June 2014, accessed 25th June 2014, http://www.southsudannewsagency.com/opinion/editorials/millions-dollars-scandal-involving-nhial-deng-nhial.
3) Magali Morres, Overview of Corruption and Anti-corruption in South Sudan, reviewed by Marie Chene and Njoya Tikum (Transparency International, 4th March 2013. No. 371), 5-7.
4) South Sudan Penal Code Act, 2008.
5) “The New Nation, Newspaper: “South Sudan among most corrupt countries”, Monday, 15th December, 2015, accessed 28th August, 2015, http://newnationsouthsudan.com/national-news/south-sudan-among-most-corrupt-countries.html
6) “S. Sudan Presidency Warns Finance Officials Over Bribery.” Sudan Tribune, 19 November 2014. Accessed 24 March 2015, http://www.sudantribune.com/spip.php?article53080.
7) Garang, Ngor Arol. “Opinion: How to Tackle Corruption in South Sudan.” Radio Tamazuj, 19 August 2014. Accessed 24 March 2015, https://radiotamazuj.org/en/article/opinion-how-tackle-corruption-south-sudan
8) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
9) “S Sudanese readers angry about corruption”: Radio Tamazuj, 20 Jun.2015, accessed 9th Sept. 2015, https://radiotamazuj.org/en/article/s-sudanese-readers-angry-about-corruption
10) New Nation South Sudan, &quoute;South Sudan among most corrupt countries&quoute;, December 15, 2014, http://newnationsouthsudan.com/national-news/south-sudan-among-most-corrupt-countries.html
11) Transparency International, Global Corruption Barometer 2013, South Sudan, http://www.transparency.org/gcb2013/country/?country=south_sudan
12) Human Rights Watch, World Report 2015: South Sudan, https://www.hrw.org/world-report/2015/country-chapters/south-sudan
Opinion: Agree with Comments
Comment: In interviews with the public by the Sudan Tribune, people of South Sudan stated that corruption is becoming an expected way that South Sudan's government operates. With corruption being viewed by some South Sudanese journalists as one of the catalysts for the current internal conflict in South Sudan. It seems unlikely that the current government will act to address corruption or bribery, be it in the defence and military, or other ministries.
Sources:
“S. Sudan Presidency Warns Finance Officials Over Bribery.” Sudan Tribune, 19 November 2014. Accessed 24 March 2015, http://www.sudantribune.com/spip.php?article53080.
Garang, Ngor Arol. “Opinion: How to Tackle Corruption in South Sudan.” Radio Tamazuj, 19 August 2014. Accessed 24 March 2015, https://radiotamazuj.org/en/article/opinion-how-tackle-corruption-south-sudan.
Suggested score:
Opinion: Disagree
Comment: This is true and it is the in ethic and rules of the MoDVA.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?
Researcher4126: There has been no specific assessment of corruption risk in the MoDVA in South Sudan (see 2005-2008 audit report) and the SPLA is reported to have continually frustrated efforts of the audit chambers to audit the accounts of the MoDVA (see audit report 2005-2008).
The South Sudan Anti-Corruption Commission (SSACC) is mandated to provide technical oversight in integrity issues, which may include corruption risk assessments (although there is no public evidence of this). However, there are reports that it is poorly funded and staffed, particularly following austerity measures in 2013 that cut its budget by almost 40%. As a result, the commission stopped recruiting new staff, freezing it to its existing 126 employees, who are spread across South Sudan’s 10 states (7). This makes it highly unlikely that corruption risk assessments are taking place, if it does indeed have a mandate to conduct them.
Outside of defence, the Audit Chamber audited the accounts of the government for the first time in 2012, covering the financial period 2005-2008 only. The audit report uncovered high levels of corruption in the areas of payroll, procurement and recruitment; exacerbated by the lack of internal audit (see the 2005-2008 audit report).
Response to peer reviewer:
I would appreciate a publicly verifiable source on any assessment conducted in the MoDVA on corruption risk, and any tangible measures put in place by the government to mitigate such risks. The attempt by the government to introduce changes in the management of the army payroll failed due to corruption. Notably, corruption in the army is the major causative factor for large scale defections in the army. I have added sources 8-10 to support this. I could not find any public information to back up your statement, and have maintained the score as a result.
Response to government reviewer:
Although there is the SPLA defence White Paper 2008 and the SPLA Act, 2009, there is no information available to the public on the enforcement of these laws. These laws are also perceived by the public to be weak and short of the required legal sanctions to redress graft related issues. The internal audit directorate in the MoDVA was also set-up in early 2013 but it is likely to be politically influenced - for example it has been observed that most decisions in government are influenced by the political elites who are at the same time army generals placed in sensitive positions in all ministries, including MoDVA. I have added sources 11 and 12 to support this. Score has been maintained.
1) &quoute;The Southern Sudan Anti-Corruption Commission Act, 2009&quoute;. Sub-section (a-g) of section 9 (1).
2) &quoute;Public Financial Management and Accountability Act, 2011.&quoute; Subsections (b) and (c) of section 2; sub-section (1) of section 52.
3) &quoute;The Southern Sudan Anti--Corruption Commission Act, 2009.&quoute; Sub-section 1 (a-g) of section 9.
4) Magali Mores, &quoute;Overview of Corruption and Anti-corruption in South Sudan&quoute;, reviewed by Marie Chene and Nyoya Tikum (Transparency International, March 2013), 6.
5) The Audit Report of the Auditor General on the Accounts of the Government of Southern Sudan to the National Legislative Assembly and the President, 2012.
6) &quoute;Public finance reform in South Sudan: What needs to be done? By Asha Abdel Rahim, April 15, 2013, accessed 11th February, 2015, http://www.southsudannewsagency.com/opinion/analyses/public-finance-reform-in-south-sudan-what-needs-to-be-done
7) &quoute;South Sudan’s anti-corruption body running short of cash&quoute;, Sudan Tribune, February 4, 2013, http://www.sudantribune.com/spip.php?article45400
8) Africa- News and Analysis: “South Sudan- heavy fighting erupts over pay in Juba barracks”, March 5th, 2014, accessed 29th August, 2015, http://africajournalismtheworld.com/tag/spla-splits/
Nyamilepedia; Press-Release:
9) Platoon of the SPLA’s Commandos joint REMNASA, May 29, 2015, http://nyamile.co/2015/05/29/press-release-a-platoon-of-the-splas-commandos-joint-remnasa/
10) Six South Sudanese Army Air Officers Join the Rebellion: Sudan Tribune News Paper: By Tesfa-Alem Tekle, 14th Sept. 2014, accessed 29th September 2015, http://www.sudantribune.com/spip.php?article52386
11) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
12) “S Sudanese readers angry about corruption”: Radio Tamazuj, 20 Jun.2015, accessed 9th Sept. 2015, https://radiotamazuj.org/en/article/s-sudanese-readers-angry-about-corruption
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: SPLA Diciplinary law/ white paper and the MI.
Suggested score: 4
Opinion: Disagree
Comment: There is awareness within defence circles of the realties of corruption and where the problems lie. Some measures have been put in place to mitigate this, e.g. the MOD started providing an 'operating budget' to commanders in 2013 to address their complaints that they needed to inflate their payroll numbers as a necessity as this was the only way of securing funding for basic costs such as food, fuel etc.
Suggested score: 2
Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?
Researcher4126: There is a process of acquisition planning in South Sudan, although it has some limitations. According to the available reports, South Sudan has made a significant improvement in acquisition planning in the last couple of years. The budget is now prepared in line with the existing government policy and classified according to the purpose of expenditure. Budget preparations are made by the MoFEP and budget documents are equally comprehensive and of high quality. Steps have also been taken to strengthen tax administration, establish an electronic payroll system and strengthen the Audit Chamber.
However, the MoFEP has limited capacity to exercise its statutory role to guide and supervise the process. Monitoring tools and financial resources are inadequate (1). There is no established practice for quality control and cases of mismanagement are frequent. The audit report indicates weak budgetary control by the MoFEP- the approved budget and appropriate statutory laws were ignored. The Audit Chamber is equally incapacitated-it lacks the required resources, and the NLA lacks the required competence and experience to critically assess the budget and its execution (see the audit report 2005-2008).
It is alleged that procurement plans, when available, are hardly used as effective planning and management tools. In practice, it is unclear how the availability of funds for appropriations is being checked. Payment delays due to cash flow problems are the norm and can exceed several months. In terms of contract management, capacities are low and there are no clearly defined procedure for undertaking contract management responsibilities. Contract supervision and administration are assigned on a case-by-case basis, capabilities are lacking if not non-existent, and cases of mismanagement are frequent. There is no established practice for the quality control of the works, goods, or services delivered. Certificates of completion are used as requests for payment, but the issuing of completion reports is not a common practice (3).
It should be noted that the MoFEP was one of the ministries which failed to provide complete payroll during the audit of 2005-2008.This implies that the the MoFEP lacks the required capacity to provide oversight in acquisition planning in the country. In addition, please note that the accounts of the government has been audited only once covering the period 2005-2008. Considering the fact that this is the only audit conducted in the history of the country, the report is still valid and reliable till another audit is conducted.
Response to government reviewer:
I was unable to find a clear, publicly available, process for acquisition planning in place, along with oversight mechanisms, precluding a higher score.
1) EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, &quoute;Public finance reform in South Sudan: What needs to be done?&quoute;, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
2) National Audit Chamber: &quoute;The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial Year Ended 31st December, 2008, pg.10.
3) World Bank. 2013. South Sudan Procurement Assessment Report (SSPAR). Washington DC ; World Bank. Accessed 9th Sept. 2015, http://documents.worldbank.org/curated/en/2013/06/17953124/south-sudan-country-integrated-fiduciary-assessment-vol-3-3-south-sudan-procurement-assessment-report-sspar
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: The mechanism is there but its outputs are minor.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.
Researcher4126: There is no specific information on the defence budget that is available to the public in South Sudan. The SPLA also provides virtually no information about its allocations, even when required to do so. The public mainly relies on media reports, based on drafts that are usually presented to the NLA but which also lack details.
According to the audit report 2005-2008, the MoDVA spent more than the budgetary allocation, which violates the provisions in the Public Financial Management and Accountability Act, 2011. More so the audit failed to establish the completeness, accuracy, existence and regularity of SPLA accounting records (see audit report 2005-2008).
It should be noted that public policy documents, including plans, are not readily available to the public. Some of these documents are only accessed either through the UN agencies or during deliberation by the parliament (in the form of incomplete drafts). As peer reviewer 1 notes, defence budgets are not specific on what types of funding goes where. Mindful of the limitations of relying on public information on this topic, the fact that there is some evidence that the quality of information presented to parliament is not broken down into functions or areas nevertheless precludes a higher score.
Response to government reviewer:
There is no information to the public on the details of military/security expenditures- the SPLA provides virtually no information about its allocations, even when required to do so. The SPLA and government ministries routinely overspend their annual budgets and receive additional “off-budget” funds. For instance, in the first quarter of 2015, the Office of the President had overspent its allocated budget by 349%, the Ministry of defence by 150%, and the Veterans Affairs department by 113%. I have added source 3 to support this.
Response to peer reviewer 2:
The SPLA also provides virtually no information about its allocations, even when required to do so. In the 2012 audit of the government’s 2005- 2008 financials, only 7 out of 40 SPLA divisions reported their payroll figures as required to the Auditor General, even when repeatedly asked to do so. This is reported in source 3.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial Year Ended 31st December 2008, pg. 10, 237
2) Public Financial Management and Accountability Act, 2011. Subsection (1)-(3) of section 27; subsection (1)-(3) of section 28.
3) &quoute;The Nexus of Corruption and Conflict in South Sudan&quoute;: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651 /NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree with Comments
Comment: Additional Info on Arms in South Sudan:
Defence budgets are not specific on what types of funding goes where. That said, in a Small Arms Survey Report (2014), many of the arms in South Sudan were older weapons coming from Eastern Europe and Iran. Additionally, the primary source for militants munitions and arms came from supplies left from South Sudanese soldiers. While specifics on defence spending are left opaque, it is clear that the amount of arms flowing into South Sudan should raise alarm. There are UN debates currently on placing an arms embargo on South Sudan. Currently the EU has imposed such an embargo.
Sources:
“Weapons Tracing in Sudan and South Sudan.” Human Security Baseline Asessment for Sudan and South Sudan, Small Arms Survey (2014). Accessed 24 March 2014, http://www.smallarmssurvey.org/about-us/highlights/highlights-2014/highlight-hsba-wp32.html.
“Guidance: Embargoes and Sanctions on South Sudan.” UK Government, 13 August 2012. Accessed 20 March 2015, https://www.gov.uk/arms-embargo-on-south-sudan.
Charbonneau, Louis and Michelle Nichols. “UN Sanctions Push for South Sudan Stalls on Arms Embargo – Envoys.” Reuters, 9 December 2014. Accessed 24 March 2015, http://uk.reuters.com/article/2014/12/09/uk-southsudan-fighting-un-idUKKBN0JN2DJ20141209.
Suggested score:
Opinion: Disagree
Comment: The defence budget is transparent. Only that mechanism for accountability is not put in place.
Suggested score: 4
Opinion: Agree with Comments
Comment: I think I'm right in saying that the MOD was the first government department to submit transparent accounts to MOFEP in 2012 and was regarded as the exemplar department at that time. I doubt whether that vector has been sustained since.
Suggested score:
Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?
Researcher4126: There is a legislative committee, commonly referred to as the specialized committee on security and public order, which is mandated to scrutinize and analyze the budget of the MoDVA in South Sudan. However, it is unclear whether they receive any figures on defence expenditure, and what sort of detail they might be presented. As peer reviewer 1 notes, defence budgets are not specific on what types of funding goes where, and it seems that parliament in general is only presented incomplete drafts of unclear quality.
According to available reports, the legislature lacks competence to critically assess budgets and its execution because it is inexperienced. Recent media reports also describe threats of intimidation by the president to the NLA on crucial policy decisions (3). The NLA of South Sudan was instituted through a presidential decree after the independence of South Sudan from Sudan on 9th July 2011 (see Presidential decree No 10/2011).
The NLA consists of the previous members of the SSLA and members of parliament representing Southern Sudan in the national unity government during the interim period. It is most unlikely that the NLA can effectively influence the budget decisions of the security sector.
Response to government reviewer:
It is good that the MoDVA budget can only be accepted after its endorsement by the legislative security committee. However, this does not guarantee that the committee is presented with the full information on the budget that it needs in order to scrutinise it and analyse spending. Without sources to confirm that they do receive detailed information, and that they are able to influence decision making, I cannot raise the score.
1) &quoute;Public Financial Management and Accountability Act, 2011.&quoute; Subsection (5) section 24.
2) EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA ,&quoute;Public finance reform in South Sudan: What needs to be done?&quoute; April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) &quoute;Condemning Kiir’s fascist regime: PR from MPs & SPLA Officers,&quoute; Indepth Africa, 7th June 2014, accessed 23rd June 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers.
Opinion: Agree with Comments
Comment: Additional Info on Arms in South Sudan:
Defence budgets are not specific on what types of funding goes where. That said, in a Small Arms Survey Report (2014), many of the arms in South Sudan were older weapons coming from Eastern Europe and Iran. Additionally, the primary source for militants munitions and arms came from supplies left from South Sudanese soldiers. While specifics on defence spending are left opaque, it is clear that the amount of arms flowing into South Sudan should raise alarm. There are UN debates currently on placing an arms embargo on South Sudan. Currently the EU has imposed such an embargo.
Sources:
“Weapons Tracing in Sudan and South Sudan.” Human Security Baseline Asessment for Sudan and South Sudan, Small Arms Survey (2014). Accessed 24 March 2014, http://www.smallarmssurvey.org/about-us/highlights/highlights-2014/highlight-hsba-wp32.html.
“Guidance: Embargoes and Sanctions on South Sudan.” UK Government, 13 August 2012. Accessed 20 March 2015, https://www.gov.uk/arms-embargo-on-south-sudan.
Charbonneau, Louis and Michelle Nichols. “UN Sanctions Push for South Sudan Stalls on Arms Embargo – Envoys.” Reuters, 9 December 2014. Accessed 24 March 2015, http://uk.reuters.com/article/2014/12/09/uk-southsudan-fighting-un-idUKKBN0JN2DJ20141209.
Suggested score:
Opinion: Disagree
Comment: There is a security committee in the legislature. MoDVA budget is only accepted after its endorsement by this committee in the legislature.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?
Researcher4126: The approved defence budget is not available to the public, although the Public Financial Management and Accountability Act, 2011 provides for accessibility of budget information by the public in South Sudan. Further still, according to a TI report (see TI expert report on overview of corruption in South Sudan by Magali etal, March 2013 No. 371) , the government has deliberately frustrated efforts by the public to access information on the budget. There is a tendency by the government to share the budget with selected NGOs and UN agencies only. The situation is worsened by the lack of any law on public access to information in South Sudan.
Generally speaking, government documents are not easily accessible by the public in South Sudan. There is a high tendency by the senior members of the ruling regime to keep policy documents away from the public. The government has also restricted the reprint of public policy documents and legislation. According to available reports, the ruling regime has cautioned private printing houses in Juba against printing statutory laws and public policies; and threatened to close down private printing houses involved in such business without an authorization letter from the government.
Response to government reviewer:
This question specifically assesses the public availability of the budget, and as we have both agreed, the budget is not publicly available. As such, I cannot raise the score.
1) Public Financial Management and Accountability Act, 2011. subsection (1)-(3) of section 49.
2) Magali Mores: Overview of Corruption and Anti-corruption in South Sudan. reviewed by Marie Chene and Njoya Tikum (Transparency International, March 2013 No. 371), 5.
3) Personal knowledge during employment with an international organisation, South Sudan, 2013
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: The defence budget line items contain some military items that requires not to be disclosed to public.
Suggested score: 1
Opinion: Agree with Comments
Comment: The MOD accounts were submitted to the National Audit Chamber for the first time in 2011 and again in 2012. Financial literacy in the MOD has improved significantly since 2010, when it assumed financial responsibility for this from GHQ.
Suggested score:
Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?
Researcher4126: There is no public information on the sources of funding for the MoDVA in South Sudan. According to the 2005-2008 audit reports, the MoDVA entirely relies on the central government on budgetary allocation (see audit report 2005-2008) . The 2005-2008 audit report of the GoSS also indicates lacks of asset registry in the MoDVA, which even makes it harder to establish the income received from the sales of asset in the MoDVA.
As peer reviewer 2 notes, there has been at least one instance in 2013 when the President made a 'personal donation' to the SPLA of $1million. The MOD Directorate of Military Production, essentially a revenue generating outfit involving the employment of approximately 300 military personnel, is also a source of concern in this area.
Response to government reviewer:
This question assesses the publication of sources of defence income other than from central government allocation. As this information is not published, even if it is recorded within the MoDVA, I cannot raise the score.
1) Asha Abdel Rahim, &quoute;Economic Reconstruction in South Sudan: Priorities for Research and Policy Formulation&quoute;: In State Building in South Sudan; Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, 2013, Nairobi, Kenya), 75.
2) Magali Mores,Overview of Corruption and Anti-corruption in South Sudan, reviewed by Marie Chene and Njoya Tikum (Transparency International), 4.
3) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial Year Ended 31st December 2008, pg. 10, 237
4) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: MoDVA and procurement and finance office has these details.
Suggested score: 3
Opinion: Agree with Comments
Comment: I'm aware of at least one instance in 2013 when the President made a 'personal donation' to the SPLA of $1million. I strongly suspect this practice to continue. The MOD Directorate of Military Production, essentially a revenue generating outfit involving the employment of approx 300 military personnel, is also a source of concern in this area.
Suggested score:
Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?
Researcher4126: There is no effective internal audit process for the MoDVA in South Sudan. Although the Public Financial Management and Accountability Act, 2011 provides for the establishment of audit unit in the MoDVA, there is little public information on the enforcement of this law. Nevertheless, the MoDVA did set up an internal audit unit in early 2013, and an audit was reportedly conducted. However, it has been observed that most decisions in government are influenced by the political elites who are at the same time army generals placed in sensitive positions in all ministries, including MoDVA (4, 5).
According to the financial audit report for the year ended 31st December 2008, there were no internal audits of the accounts of the MoDVA and the security sector has high levels of corruption (see 2005-2008 audit report). The MoDVA also lacks qualified personnel to handle accounting functions. The accounts and procurement departments are staffed with uniformed personnel who lack basic accounting knowledge (1).
Response to government reviewer:
There is no verifiable information to the public on the effectiveness of any internal audit conducted in the MoDVA. According to the available report, there are technical advisors that help prepare budget allocations, but there is evidence that the real allocations are decided between army generals and the minister behind closed doors. This has resulted in the re-allocation of ministry funds to using other ministries’ funds to disguise military transactions. In one invoice flagged by the Auditor General, SSP 1.8 million, or US$630,000, was allocated to purchase water tanks for the Ministry of Finance, but the letter of authorization to settle the invoice stated its purpose was to provide transport services to the SPLA. Sources 1 and 4 support this.
Response to peer reviewer:
The directorate for internal audit was established in the MoDVA in early 2013 on the recommendation of the 2012 audit report. According to reports, the audit directorate conducted an internal audit that demonstrated the existence of corruption in the military. Among its findings included the presence of ghost payroll. However, the report is allegedly short on issues of military contracts and procurement. It is further believed that the report was aimed at victimizing army generals perceived to be threatening to the ruling regime. Evidence to suggest that the process was politically influenced is contained in source 4. This suggests that the existing process is ineffective and open to co-option. However, given that an audit has taken place that uncovered corruption issues, it is true that the department is not entirely inactive. I have raised the score from 0 to 1.
1) Asha Abdel Rahim, &quoute;Economic Reconstruction in South Sudan: Priorities for Research and Policy Formulation: In State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, Nairobi, Kenya, 2013), 74-75,
2) Public Financial Management and Accountability Act, 2011. subsections (1), (2) (a-c), subsection (4)-(9) of section 11.
3) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial Year Ended 31st December 2008, pg. 237-243.
4) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
5) World Bank. 2013. South Sudan Procurement Assessment Report (SSPAR). Washington DC ; World Bank. Accessed 9th Sept. 2015, http://documents.worldbank.org/curated/en/2013/06/17953124/south-sudan-country-integrated-fiduciary-assessment-vol-3-3-south-sudan-procurement-assessment-report-sspar
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Defence budget is scruitinized and audited yearly before the new budget.
Suggested score: 3
Opinion: Disagree
Comment: The MOD established an internal audit directorate in 2013, appointed key staff and initiated a training programme for MOD and SPLA GHQ staff involving public financial management experts from Kenya & Uganda. Though staff capacity is still weak there is now at least a basic internal audit function in place. The Minister and senior MOD staff were very supportive of this initiative at the time.
Suggested score: 1
Is there effective and transparent external auditing of military defence expenditure?
Researcher4126: There is no information to the public on external audit specifically conducted for the MoDVA. However, the general accounts of the GoSS were audited by the national audit chamber for the first time in 2012, covering the period 2005-2008. The report covered the defence sector and indicated widespread corruption in the MoDVA. It further pointed out that SPLA has tried to frustrate audit efforts by the audit chamber in the country. (see 2005-2008 audit report conducted in 2012).
Response to peer reviewer:
It is possible that the MoDVA has periodically been submitting accounts for audit to the Audit Chamber. However, according to the available report, there has been one external audit of government accounts (including MoDVA) covering the period 2005-2008 in 2012. It is therefore unclear whether auditing is taking place on a less visible level through the Audit Chamber. I have raised the score to 1 accordingly.
Response to government reviewer:
If frequent auditing is taking place through the finance ministry and auditor general, this is certainly not verifiable through public sources. This restricts the score that I can offer, as evidence of external auditing with some degree of independence and transparency is needed for all scores above a 1. I have, however, raised the score to 1 from 0.
1) Asha Abdel Rahim, &quoute;Economic Reconstruction in South Sudan: Priorities for Research and Policy Formulation: in State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy, Nyong'o (African Research and Resource Forum, Nairobi, Kenya, 2013), 74-75.
2) Magali Mores, &quoute;Overview of Corruption and Anti-corruption in south Sudan, reviewed by Marie Chene (Transparency International) and Njoya Tikum. 6, March 2013;
3) &quoute;South Sudan again pledges to tackle corruption.&quoute; The Economist, 26th September 2013, accessed 15th June 2014, http://country.eiu.com/article.aspx?articleid=531001037&Country=Sudan&topic=Politics.
4) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial Year Ended 31st December 2008.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: The defence budget is audited by the ministry of finance and the auditor general.
Suggested score: 4
Opinion: Disagree
Comment: The MOD was the first government department to prepare full accounts and submit these to the Audit Chamber and MOFEP in 2012. This happened again in 2013, when the Ministry also submitted its accounts to the Ministry of Cabinet Affairs. The external audit process is undoubtedly imperfect and incomplete but I think they do scrape a 1 rather than a 0.
Suggested score: 1
Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?
Researcher4126: It is extremely likely that the MoDVA has substantial interests in business associated with the exploitation of oil resources. However, this has not been publicly stated and subjected to public scrutiny. Despite the dependence of South Sudan on oil revenue (98% of its total budget expenditure), the government has not published any information about oil revenues and mining companies, allegedly for security reasons. There is also scarce information on oil production, processing, storage and sales. This leaves businesses associated with the country's natural resource exploitation open to undisclosed links with the security sector, particularly since there is evidence of the armed forces and other armed groups fighting over oil wealth.
According to available reports, several militia groups have been fighting for the control of the oil-rich areas in South Sudan since the time of the SPLA rebellion. As such, after the signing of the CPA, some of these militia groups were hesitant to join the SPLA and have their forces integrated because of their economic interests. The current political violence in the country is also focused in the Upper Nile province, which is the oil hub in the country. Apparently, the on-going fighting between the ruling regime dominated by the Dinka tribe and the rebel group dominated by the Nuer tribe is for control of oil resources. More so, the Nuer ethnic group in whose area the oil resources are mainly found have reportedly been marginalized by the Dinkas (the ruling regime) like other tribes, despite their huge contribution during the liberation of South Sudan (4).
As peer reviewer 1 notes, civil society organisations like the South Sudan Law Society have called for increased transparency in the way oil revenues are used for military spending, particularly surrounding the way that corruption and poor transparency of military spending are affecting the current conflicts (6).
Response to government reviewer:
While the ministry of finance might officially be in charge of oil revenues, there is such a high level of opacity surrounding this money that it is impossible to rule out military ownership or interests in oil-related enterprises. According to media reports, army generals, including the president are involved in the exploitation of the natural resources of the country. The latest incident links Kiir and other army generals to the disappearance of thousands of dollars from the Nilepet petroleum company, which is officially owned by the state. It has been reported that Nilepet CO. has issued dollars to individuals connected to the ruling regime for business and private purposes at the government's preferential exchange rate – which is less than four times the street rate (see source 5).
1) Asha Adbel Rahim, &quoute;Economic Reconstruction in South Sudan: Priorities for Research and Policy Formulation: In State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, 2013, Nairobi, Kenya), 75.
2) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial Year Ended 31st December 2008, pg. 11.
3) &quoute;Condemning Kiir’s facist regime: PR from MPs & SPLA Officers.&quoute; Indepth Africa, 7th June 2014, accessed 23rd June 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers.
4) Conflicts in South Sudan: The enough project” 1st October 2014, http://www.enoughproject.org/conflicts/sudans/conflicts-south-sudan#peacechallenges
5) Radio Tamazuj: 30 July, 2015, accessed 23rd August, 2015, https://radiotamazuj.org/en/article/nilepet-boss-secretly-diverting-funds-friends-and-political-allies
Nilepet boss secretly diverting funds to friends and political allies
JUBA (30 Jul.)
6) “Oil and Sustainable Peace in South Sudan.” South Sudan Law Society, Access to Justice for All; Juba, South Sudan (February 2015). Accessed 25 March 2015, http://www.cmi.no/file/3003-SSLS-Oil-and-Sustainable-Peace.pdf
Opinion: Agree with Comments
Comment: The current conflicts are isolated within oil producing areas for both the inter and intra state conflicts South Sudan is engaged with, between Sudan over South Kordofan and internally between rival groups. Additionally, South Sudan is not an EITI Member. Specific corruption surrounding natural resources is left unclear and goes unreported if it occurs.
Civil society organisations like the South Sudan Law Society have called for increased transparency in the way oil revenues are used for military spending. Specifically relating to issues of corruption and poor transparency of military spending amid the current conflicts.
Sources:
“Oil and Sustainable Peace in South Sudan.” South Sudan Law Society, Access to Justice for All; Juba, South Sudan (February 2015). Accessed 25 March 2015, http://www.cmi.no/file/3003-SSLS-Oil-and-Sustainable-Peace.pdf
“EITI Countries.” Extractive Industries Transparency Initiative (EITI), Accessed 24 March 2014, https://eiti.org/countries.
Suggested score:
Opinion: Disagree
Comment: In South Sudan constitution, only the ministry of finance is in charge of such funds. The military is completely not involved in these financial issues.
Suggested score: 4
Opinion: Agree with Comments
Comment: The MOD even has a department, Military Production, whose express role is to make a contribution to the defence budget through the use of soldiers in e.g. farming, construction and even hotel management. There is also strong anecdotal evidence that many senior SPLA officers and government officials have independent business interests.
Suggested score:
Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?
Researcher4126: Whether or not you consider there to be evidence of a penetration of organized crime into the defence and security sector in South Sudan rather depends on how you categorise organised crime. This is a complex question to score in the context of South Sudan, as the SPLA has certainly displayed many of the same behaviours as those considered to be organised criminals or militias in other countries. The extreme predation and criminality within the armed forces themselves would make the penetration of the defence and security sector by organised criminals fairly undistinguishable from the status quo.
The government has not shown much evidence of wanting to tackle this problem, and there is evidence that this behaviour is being used to bolster the current president's own power, as well as that of his supporters. A UNMISS report on Human Rights in South Sudan provides evidence of crimes by the SPLA against civilians following the political violence of 5th December 2013 - about 300 civilians from the Nuer ethnic group were rounded up and killed by security men in Juba the capital city in a detention center managed by the ruling regime (1).
According to media reports, government security agents have also been involved in coordinated killings of journalists who are critical of the government, especially on corruption issues. Security personnel have also been accused of collaborating to rob and kill civilians especially in Juba, the capital city, and the government has apparently done nothing about it (2). It is also alleged by the media that some senior police officers collaborate with gangs of criminals to rob civilians (6). The mass protest by the public in Juba in 2013 following the alleged killing of two brothers by uniformed men was not covered by the government-owned TV station. It was alleged that the coverage of the news was blocked by security personnel, which demonstrates a lack of seriousness by the government to tackle crimes by the security sector in the country (3).
It has also been alleged that the president of South Sudan has recruited and trained some youths from his Dinka tribe as a personal army using public resources. Notably, this youth group referred to as the &quoute;tiger battalion&quoute; is used by the president to fight his opponents and people who are critical of his regime. It is also alleged that the youth group is largely responsible for the massacre of civilians mainly from the Nuer tribe in the ongoing armed violence in the country (4).
As peer reviewer 2 notes, there is strong anecdotal evidence of soldiers selling or leasing out their small arms to criminal groups as a means of making money.
Response to government reviewer:
The reported behaviour of the official army of South Sudan (SPLA) precludes the availability of clear evidence that organised criminals have penetrated the sector. I was unable to find any evidence that the defence ministry is actively working to remain alert to the risk, or that the government would be capable of responding to the penetration of organised crime in the defence sector, each of which are criteria for a higher score.
1) UNMISS, Conflict in South Sudan: A Human Rights Report, 8th May 2013. Sections 266, 272 and 288.
2) Ariel Bardi, “Crackdown on journalists in South Sudan pits the people against the People’s Army.” Media Global News, June 17, 2013, accessed 20th June 2014, http://www.mediaglobal.org/2013/06/17/crackdown-on-journalists-in-south-sudan-pits-the-people-against-the-peoples-army.
3) “South Sudan parliament summons ministers over insecurity in Juba.” Sudan Tribune, Wednesday 21 August 2013, accessed 4th July 2014, http://www.sudantribune.com/spip.php?article47728.
4) “South Sudan president admits forming private army”, Sudan Tribune, Tuesday 17 February 2014, accessed 11th February 2015, http://www.sudantribune.com/spip.php?article49993
5) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
6) &quoute;Special Report on the Police Service and Law Enforcement in South Sudan&quoute; SUUD Institute, by Jok Madut Jok, September 6, 2013, accessed on 11th February 2015, http://www.suddinstitute.org/assets/Publications/Special-Report-on-Police-and-SSR.pdf)
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: No clear evidence for crime penetration into the defence.
Suggested score: 4
Opinion: Agree with Comments
Comment: There is strong anecdotal evidence of soldiers selling or leasing out their small arms to criminal groups as a means of making money. I also suspect that significant quantities of SPLA weapons and equipment will be donated to affiliated armed militias.
Suggested score:
Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?
Researcher4126: There is no information on the existence of policing function in the MoDVA in South Sudan. According to media reports, the national police service was charged with the task of investigating the loss of money in the office of the president and the killing of civilians in Juba alleged to be committed by security operatives following the political violence of 15th December 2013 in Juba, the capital city (2). However, the lack of reports on these investigations to the public raises question about the seriousness of government action to address the issues of corruption and organized crime by the security sector in the country.
The police has been investigating corruption and organized crimes in the country. However, the effectiveness of these investigations is questionable. Many senior police officers in the country lack capacity to enforce law and order. A significant number of them are former rebels who were absorbed in the police force by the ruling regime after the signing of the CPA as a means to compensate them for their role in the liberation struggle. Despite the huge amounts of money invested in the capacity building of the police, a significant number of them can hardly record statements. It is also alleged by the media that some senior police officers collaborate with gangs of criminals to rob civilians in Juba the capital city (4).
It is also important to note here that most police officers are army generals. After signing the comprehensive peace agreement (2005), army generals were appointed to head the police force.
Response to the peer and government reviewers:
Agreed that there are Military police and Military Intelligence units within the SPLA. However, there are also no reports of the involvement of the military police to combat crime. The military police is one of the forces alleged to be behind the massive robberies in Juba. The military intelligence have been accused of hunting down political opponents and other citizens opposed to the ruling regime in Juba. See source number 4. Score raised to 1, but the lack of effective enforcement action precludes a higher score.
.
1) “South Sudan again pledges to tackle corruption.” The Economist, September 26th 2013, accessed 15th June 2014, http://country.eiu.com/article.aspx?articleid=531001037&Country=Sudan&topic=Politics.
2) “Salva Kiir orders investigation of his office administrators over stolen money,” Sudan Tribune, 14 April 2013, accessed 18th June 2014, http://www.sudantribune.com/spip.php?article46214
3) “President Kiir demands South Sudan officials return stolen money,” Sudan Tribune, 2 June 2012, accessed 18th June 2014, http://www.sudantribune.com/spip.php?article42785.
4) &quoute;Special Report on the Police Service and Law Enforcement in South Sudan&quoute; SUUD Institute, by Jok Madut Jok, September 6, 2013, accessed on 11th February 2015, http://www.suddinstitute.org/assets/Publications/Special-Report-on-Police-and-SSR.pdf)
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Military police and Military Intelligence units are there inplace charged to address such activities.
Suggested score: 4
Opinion: Disagree
Comment: There is a military policy function within the SPLA but its ability to conduct investigations into is very questionable.
Suggested score: 1
Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?
Researcher4126: There is no information available to the public on any external oversight or internal controls over the national intelligence service in South Sudan.
Although the specialized committee on economy, development and finance, the Speaker of the NLA and the Auditor General are charged with the legal mandate to provide policy oversight to the MoDVA, including the national intelligence service, (see Public Financial Management and Accountability Act, 2011. subsections (5) and (6) of section 24), there is proof that any efforts to do so are severely undermined. For example, the decisions of the NLA, including all its committees, are under the influence of the president and the army command council (4).
The audit report for the financial year ending 31st December 2008 reported a lack of willingness by the MoDVA, including the national intelligence service, to allow its accounts to be scrutinised. The MoDVA, including the national intelligence service also spent more than the budgetary allocations, which demonstrates a lack of effective external oversight and internal controls (see audit report).
1) Public Financial Management and Accountability Act, 2011. subsections (5) and (6) of section 24.
2) “South Sudan’s Kiir accuses army of corruption,” Sudan Tribune, 20 September 2013, accessed 15th June 2014, http://www.sudantribune.com/spip.php?article48115.
3) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Year Ended 31st December 2008.
4) “Condemning Kiir’s facist regime: PR from MPs & SPLA Officers”, By IAfrica in South Sudan Jun 9th, 2014, accessed 23rd June 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers/
Opinion: Agree
Comment:
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?
Researcher4126: It should be noted that South Sudan has no legislation yet for the intelligence services. The national security service bill is awaiting approval from the president.
However, there are some provisions for the appointment of senior staff for intelligence services in the SPLA Act, 2009, which mandates the Command Council and the General Chief of Staffs to recruit and appoint senior security officers in line with a set of criteria such as the completion of secondary education and cadet training for officers (please see sections 22-24, SPLA Act, 2009). Nevertheless, this legislation dates from before independence, and it is unclear whether it is still applied.
In addition, according to reports, most senior staffs in the intelligent services are from the Dinka tribe of the President, which raises questions about the actual appointment procedure (5). Other tribes who hold such positions were appointed because of their role in the liberation struggle. Generally, the public has been very critical of the recruitment, promotion and training of the intelligence service officers (3, 4, 5).
As noted by the peer reviewers, government appointments are dominated by SPLM loyalists or those close to President Salva Kiir and it is unclear whether any legislative scrutiny occurs during the appointment review process. Appointments to intelligence positions are particularly likely to be tightly controlled to individuals with personal loyalty to the current regime and/or tribal affiliations.
It is therefore unclear exactly what the recruitment system is for the intelligence services, as the 2009 SPLA act is outdated (dating from before independence) and evidence suggests that informal criteria are being applied.
1) The Sudan People's Liberation Army Act, 2009. subsection (4) of section 18 and subsections (1)-(4) of section 21.
2) George Omondi & Nsamba A. Morris, &quoute;Priorities for Governance Reforms in South Sudan and Capacity Development: In State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, Nairobi-Kenya, October 2013), 98.
3) Six South Sudanese Army Air Officers Join the Rebellion: Sudan Tribune News Paper: By Tesfa-Alem Tekle, 14th Sept. 2014, accessed 29th September 2015, http://www.sudantribune.com/spip.php?article52386
4) &quoute;Nilepet boss secretly diverting funds to friends and political allies&quoute;; Radio Tamazuj: 30 Jul, 2015, accessed 23rd August, 2014, https://radiotamazuj.org/en/article/nilepet-boss-secretly-diverting-funds-friends-and-political-allies
5) Nyamilepedia; Press-Release: Platoon of the SPLA’s Commandos joint REMNASA, May 29, 2015, accessed 24th August, 2015, http://nyamile.co/2015/05/29/press-release-a-platoon-of-the-splas-commandos-joint-remnasa/
Opinion: Agree with Comments
Comment: Government appointments are dominated by SPLM loyalists or those close to President Salva Kiir. It is unclear if any legislative scrutiny occurs during the appointment review process.
Sources:
Manyuon, Peter Gai. “Analysis of the Current Appointment of the National Ministers in South Sudan.” South Sudan News Agency, 1 August 2013. Accessed 24 March 2014, http://www.southsudannewsagency.com/opinion/editorials/analysis-of-the-current-appointment-of-the-national-ministers.
“Freedom in the World – South Sudan 2014.” Freedom House, 2014. Accessed 24 March 2014, https://freedomhouse.org/report/freedom-world/2014/south-sudan.
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: Appointments to intelligence positions will be tightly controlled and individuals selected because of their personal loyalty to the current regime and/or tribal affiliations.
Suggested score:
Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?
Researcher4126: There is no information available to the public on the scrutiny of arms trade in South Sudan. South Sudan has not signed neither ratified the Arms Trade Treaty. There is also no information available to the public on any debate by South Sudan on the ATT. The available information only shows the huge presence of poorly controlled arms imported by South Sudan from countries such as Ukraine, Russia, China, etc.
As peer reviewer 1 notes, the UN is currently debating an arms embargo on South Sudan, and the EU has already applied embargoes. Arms move freely within South Sudan as evidenced from the Small Arms Survey findings that militants are supplied with arms by South Sudanese soldiers leaving their arms and munitions behind after skirmishes.
In addition, the government has made several large on-budget weapons purchases since 2005, including roughly 60 Ukrainian T-72 main battle tanks at a reported cost of $260,000 per unit. However, weapon procurement is still driven by the SPLA’s recent history as a guerilla army. Acquisition procedures are ad-hoc and marked by corruption, major cost overruns, inadequate paperwork, and a lack of transparency. In 2014, at least two major Chinese weapons shipments came to light only after an investigative journalist from Bloomberg acquired shipping documents that showed $38 million in automatic rifles, grenade launchers, ammunition, grenades, rockets, and anti-tank weapons systems being delivered between May and June 2014 (10).
Discussions about arms embargoes and other sanctions are taking place against the backdrop of a faltering peace process in which thousands of South Sudanese have been displaced and killed.
1) Prof. Samson Samuel Wassara, &quoute;Security Challenges in Post Liberation South Sudan: in State Building and Development in South Sudan, edited by African Research and Resource Forum, Nairobi, Kenya, 2011), 50.
2) Small Arms Survey: Sudan Issue Brief: Human Security Baseline Assessment (9th April 2012).
3) http://armstreaty.org/issue/tracking-the-universalisation-of-the-att, accessed 12th February 2015.
4) “Weapons Tracing in Sudan and South Sudan.” Human Security Baseline Asessment for Sudan and South Sudan, Small Arms Survey (2014). Accessed 24 March 2014, http://www.smallarmssurvey.org/about-us/highlights/highlights-2014/highlight-hsba-wp32.html.
5) “Guidance: Embargoes and Sanctions on South Sudan.” UK Government, 13 August 2012. Accessed 20 March 2015, https://www.gov.uk/arms-embargo-on-south-sudan.
6) Charbonneau, Louis and Michelle Nichols. “UN Sanctions Push for South Sudan Stalls on Arms Embargo – Envoys.” Reuters, 9 December 2014. Accessed 24 March 2015, http://uk.reuters.com/article/2014/12/09/uk-southsudan-fighting-un-idUKKBN0JN2DJ20141209.
7) “Arms Trade Treaty.” United Nations Office for Disarmament Affairs (UNODA). Accessed 24 March 2014, http://disarmament.un.org/treaties/t/att
8) “US proposes UN arms embargo on South Sudan: Aljazeera, 20 Aug 2015, accessed 2nd September 2015, http://www.aljazeera.com/news/2015/08/arms-embargo-south-sudan-security-council-150819235655428.html
9) &quoute;Valerie Amos calls for arms embargo against South Sudan&quoute;: Gurdian Africa Network, 20th Fen. 2015, accessed 2nd Sept. 2015 http://www.theguardian.com/world/2015/feb/10/valerie-amos-south-sudan-arms-embargo-un
10) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree with Comments
Comment: There is no evidence of arms control or export control within South Sudan. Currently, the UN is debating an arms embargo on South Sudan, and the EU has already placed such an embargo. Arms move freely within South Sudan as evidenced from the Small Arms Survey findings that militants are supplied with arms by South Sudanese soldiers leaving their arms and munitions behind after skirmishes. Of the 130 states who have ratified ATT, South Sudan has not.
Sources:
“Weapons Tracing in Sudan and South Sudan.” Human Security Baseline Asessment for Sudan and South Sudan, Small Arms Survey (2014). Accessed 24 March 2014, http://www.smallarmssurvey.org/about-us/highlights/highlights-2014/highlight-hsba-wp32.html.
“Guidance: Embargoes and Sanctions on South Sudan.” UK Government, 13 August 2012. Accessed 20 March 2015, https://www.gov.uk/arms-embargo-on-south-sudan.
Charbonneau, Louis and Michelle Nichols. “UN Sanctions Push for South Sudan Stalls on Arms Embargo – Envoys.” Reuters, 9 December 2014. Accessed 24 March 2015, http://uk.reuters.com/article/2014/12/09/uk-southsudan-fighting-un-idUKKBN0JN2DJ20141209.
“Arms Trade Treaty.” United Nations Office for Disarmament Affairs (UNODA). Accessed 24 March 2014, http://disarmament.un.org/treaties/t/att.
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?
Researcher4126: There is no information available to the public on asset disposals by the MoDVA in South Sudan. In addition, the country lacks a procurement and asset disposal law.
The Procurement Policy Unit of the MoFEP is mandated to provide oversight to the MoDVA in procurement and asset disposal, however there is little information to suggest that it has the capacity needed to perform its duties. According to the 2005-2008 audit report, the MoDVA also lacks an asset register, which raises questions about the effectiveness of any control measures that might exist for asset disposal.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial year ended 31st December 2008, pg. 243.
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
Opinion: Agree with Comments
Comment: Civil society organisations like the South Sudan Law Society have called for increased transparency in the way oil revenues are used for military spending. Specifically relating to issues of corruption and poor transparency of military spending amid the current conflicts.
Source:
“Oil and Sustainable Peace in South Sudan.” South Sudan Law Society, Access to Justice for All; Juba, South Sudan (February 2015). Accessed 25 March 2015, http://www.cmi.no/file/3003-SSLS-Oil-and-Sustainable-Peace.pdf.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: The SPLA has little if no assets to dispose of. Most equipment is used until it breaks and left to rust in the sun. There is strong anecdotal evidence of soldiers selling or leasing out their small arms to criminal groups as a means of making money. I also suspect that significant quantities of SPLA weapons and equipment will be donated to affiliated armed militias.
Suggested score:
Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?
Researcher4126: There is no information available to the public on any independent scrutiny of asset disposals that might exist for the MoDVA in South Sudan.
The Procurement Policy Unit of the MoFEP is responsible for the oversight of procurement and asset disposal in the MoDVA, but there is little evidence to suggest that it has the capacity to effectively scrutinize the assets of the MoDVA.
The MoDVA has no asset register according to the 2005-2008 audit reports. There is also no legislation on procurement and asset management in South Sudan (3). In such circumstances, asset disposals are unlikely to be effectively scrutinized by an oversight body.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the year ended 31st December 2008, pg. 235, 234.
2) Public Financial Management and Accountability Act, 2011. sub-section (b) of section 12.
3)“Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed, 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?
Researcher4126: There is no information available to the public on the percentage of the budget for secret items of the MoDVA and the national security service in the office of the president in South Sudan.
Only very basic information on the budget is available, for example the audit report for the financial year ending 31st December 2008 put the percentage of the general budget that went to the MoDVA at about 25% for the financial year and 50% (security and law enforcement) in the 2013/2014 national budget. The national budgets for 2011/2012 and 2012/2013 show 40.9% and 32.28% respectively of the budget being allocated to the security sector.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the financial year ended 31st December 2008, pg. 10, 235.
2) “South Sudan government tables revised 2014 budget before parliament,” Sudan Tribune, 19 September 2013, accessed 27th June 2014, http://www.sudantribune.com/spip.php?article48103.
Opinion: Agree
Comment:
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?
Researcher4126: It is very hard to verify the availability of information on secret items to the NLA, although the fact that even the specialized standing committee on economics lacks this information suggests that they do not receive details.
Notably, the MoDVA has continually frustrated the efforts of the auditor general and the legislative assembly to subject its budget to scrutiny despite the fact that more than 49% of the national budget (see 2013/2014) is spent on security and law enforcement.
In the report &quoute;Fragility by choice,&quoute; some respondents suggested that the public sector in South Sudan is hesitant to develop a system of checks and balances because of the fear that such a mechanism would make it hard for members of the ruling regime to steal money.
The PFMA Act, 2011 provides for the classification of security expenditure items within MoDVA and the office of the president. In addition, classified expenditure is not open to the scrutiny of the NLA. All expenditures in other ministries are non-classified.
Classified expenditure is meant to be determined by the council of ministers and budgeted within the budget ceiling of the spending agency. The minister is meant to provide details of the classified expenditure to the speaker of the NLA and the chairpersons of the specialized standing committees on economy, development and finance; and approved by the speaker and president. However, there is no information available to the public as to whether the legal provisions on classified expenditure are adhered to.
Response to government reviewer:
Although secret spending is a sensitive topic, this does not preclude the sharing of this information with the legislature. As no such information appears to be released to the NLA, I have maintained the score.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of South Sudan for the year ended 31st December 2008, pg. 236
2) Public Financial Management and Accountability Act, 2011. sub-sections (1)-(6) of section 24.
3) &quoute;Civil Society Position Paper on the 2013/14 South Sudan National Budget-The 2014/15 National Budget Proposals: Critical Perspectives on Deepening Pro-poor Resource Allocation and Spending, June 16, 2014, accessed 27th June 2014, http://southsudantoday.net/default/2014/06/16/civil-society-position-paper-on-the-201314-south-sudan-national-budget-the-201415-national-budget-proposals-critical-perspectives-on-deepening-pro-poor-resource-allocation-and-spending;
4) DCR, Fragility by choice, 2013, http://www.carenederland.org/content/uploads/2014/02/Rapport-Fragility-by-Choice.pdf.
5) The Public Financial Management and Accountability Act, 2011. sections (1)-(6) of section 24.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Some secrets items are very sensitive to expose.
Suggested score: 2
Opinion: Agree
Comment:
Suggested score:
Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?
Researcher4126: There is no separate audit for the annual accounts of the security sector in South Sudan. The accounts of the GoSS were jointly audited with the security sector once since 2005, covering the financial period 2005-2008.
The audit report was indeed presented to the SSLA. It showed a significant level of weaknesses in the security sector (MoDVA) namely spending more than the budgetary allocation, lack of asset register and some payrolls, etc. However, the report was aggregated and excludes information on secret programs of the security sector (see GoSS audit report 2012)
The PFMA Act, 2011 provides for the classification of security expenditure items within MoDVA and the office of the president. In addition, classified expenditure is not open to the scrutiny of the NLA. All expenditures in other ministries are non-classified.
Classified expenditure is meant to be determined by the council of ministers and budgeted within the budget ceiling of the spending agency. The minister is meant to provide details of the classified expenditure to the speaker of the NLA and the chairpersons of the specialized standing committees on economy, development and finance; and approved by the speaker and president. However, there is no information available to the public as to whether the legal provisions on classified expenditure are adhered to, or whether classified expenditure is then audited.
1) Asha Abdel Rahim, &quoute;Economic Reconstruction in South Sudan: Priorities for Research and Policy Formulation: in State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, Nairobi Kenya, 2013), 75.
2) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the year ended 31st December 2008, 2012.
3) The Public Financial Management and Accountability Act, 2011. sections (1)-(6) of section 24.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?
Researcher4126: There is no information to the public on off-budget military expenditure in South Sudan and there is no legislation about it.
As peer reviewer 1 notes, Civil society organisations like the South Sudan Law Society have called for increased transparency in the way that oil revenues are used for military spending, particularly considering the impact of corruption and poor transparency of military spending on the current conflicts (3).
Response to government reviewer:
Most defence related expenditures are not recorded in the official budget in South Sudan. According to reports, the SPLA routinely overspends its annual budget and receives additional “off-budget” funds. For instance, in the first quarter of 2015, the President's Office (which controls the national security service) overspent its allocated budget by 349%, the Ministry of defence by 150%, and the Veterans Affairs department by 113%.
The SPLA also provides virtually no information about its allocations to the public, even when required to do so. In the 2012 audit report of the government’s 2005-2008 finances, only 7 out of 40 SPLA divisions reported their payroll figures as required to the Auditor General, even when repeatedly asked to do so. I have added source 4 to support this, and have maintained the score.
1) Public Financial Management and Accountability Act, 2011.
2) National Audit Chambers: The Report of the Auditor General on the Financial Statement of Government of Southern Sudan for the year ended 31st December 2008, 2012.
3) “Oil and Sustainable Peace in South Sudan.” South Sudan Law Society, Access to Justice for All; Juba, South Sudan (February 2015). Accessed 25 March 2015, http://www.cmi.no/file/3003-SSLS-Oil-and-Sustainable-Peace.pdf
4) &quoute;The Nexus of Corruption and Conflict in South Sudan&quoute;: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree with Comments
Comment: Civil society organisations like the South Sudan Law Society have called for increased transparency in the way oil revenues are used for military spending. Specifically relating to issues of corruption and poor transparency of military spending amid the current conflicts.
Source:
“Oil and Sustainable Peace in South Sudan.” South Sudan Law Society, Access to Justice for All; Juba, South Sudan (February 2015). Accessed 25 March 2015, http://www.cmi.no/file/3003-SSLS-Oil-and-Sustainable-Peace.pdf
Suggested score:
Opinion: Disagree
Comment: All expenditures are recorded and accounted for.
Suggested score: 4
Opinion: Agree with Comments
Comment: To some extent all defence expenditure is 'off budget' when there is not a proper budget in the first place. In addition, I'm aware of at least one instance in 2013 when the President made a 'personal donation' to the SPLA of $1million. I strongly suspect this practice to continue. The MOD Directorate of Military Production, essentially a revenue generating outfit involving the employment of approx 300 military personnel, is also a source of concern in this area.
Suggested score:
In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?
Researcher4126: There is a substantial off-budget military expenditures in South Sudan. According to reports, the SPLA routinely overspends its annual budget and receives additional “off-budget” funds. For instance, in the first quarter of 2015, the President's Office (which controls the national security service) overspent its allocated budget by 349%, the Ministry of defence by 150%, and the Veterans Affairs department by 113% (2).
In addition, as peer reviewer 1 notes, Civil society organisations like the South Sudan Law Society have called for increased transparency in the way that oil revenues are used for military spending, particularly considering the impact of corruption and poor transparency of military spending on the current conflicts (3).
Peer reviewer 2 also suggests that the president has kept the financing of his paramilitary Presidential Guard away from the official defence budget, while making occasional 'personal donations' to the defence budget.
This in effect implies that there is off-budget expenditure in the military by practice, although there is no legislation about it in the country (see audit report 2012 and the PFMA Act, 2011).
1) Public Financial Management and Accountability Act, 2011.
2) National Audit Chambers: The Report of the Auditor General on the Financial Statement of Government of Southern Sudan for the year ended 31st December 2008, 2012.
3) “Oil and Sustainable Peace in South Sudan.” South Sudan Law Society, Access to Justice for All; Juba, South Sudan (February 2015). Accessed 25 March 2015, http://www.cmi.no/file/3003-SSLS-Oil-and-Sustainable-Peace.pdf
Opinion: Agree with Comments
Comment: Off-budget spending does occur. Whether this involves illicit networks directly involving the government is left opaque. Recently, South Sudan has become a major source of poaching, being fueled by the military and militants. In short, soldiers are poaching to provide themselves with food and funds to help support themselves. While this implicates soldiers, it is unclear if government officials are involved in this.
In addition, Civil society organisations like the South Sudan Law Society have called for increased transparency in the way oil revenues are used for military spending. Specifically relating to issues of corruption and poor transparency of military spending amid the current conflicts.
Sources:
“Oil and Sustainable Peace in South Sudan.” South Sudan Law Society, Access to Justice for All; Juba, South Sudan (February 2015). Accessed 25 March 2015, http://www.cmi.no/file/3003-SSLS-Oil-and-Sustainable-Peace.pdf
Okech, Francis. “South Sudan Animals Decimated as Troops Fuel Poaching Crisis.” Bloomberg News, 4 February 2015. Accessed 25 March 2015, http://www.bloomberg.com/news/articles/2015-02-04/wildlife-decimated-in-south-sudan-as-troops-fuel-poaching-crisis.
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: I am aware of a number of instances. Most notably the President kept the financing of his paramilitary Presidential Guard away from the official defence budget. He also occasionally made mysterious 'personal donations' to the defence budget that were fudged. The MOD Military Production directorate is also a source of concern, for example they contracted with a Turkish company to build a hotel and the finances surrounding that arrangement were always a bit murky.
Suggested score:
In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?
Researcher4126: There are some provisions in law that regulate the classification of information in South Sudan. The PFMA Act, 2011 provides for the classification of security expenditure items within MoDVA and the office of the president.
South Sudan has a right to information law. President Salva Kiir signed the bill on Dec. 9, 2013,several months after it was passed by Parliament. Initially, the president had rejected signing it, seeking that certain changes be incorporated.
Subject to sub-section 3 (4), a public or private body must respond to a request for information &quoute;as soon as is reasonably possible and in any event within twenty working days of receipt of the request.&quoute; The communication of information, however, may &quoute;be made conditional upon payment by the person making the request of a reasonable fee, which shall not exceed the actual cost of searching for, preparing and communicating the information.&quoute; (4)
There is an Information Officer in every public body who is tasked to annually submit to the Information Commissioner a report on the activities of the public body to promote compliance with
this Act, including:
(a) the number of requests for information received, granted in full or in part, and refused;
(b) how often and which sections of the Act were relied upon to refuse, in part or in full, requests for information;
(c) appeals from refusals to communicate information;
(d) fees charged for requests for information;
(e) its activities pursuant to section 17 (duty to publish);
(f) its activities pursuant to section 19 (maintenance of records); and
(g) its activities pursuant to section 20 (training of officials).
The Information Commissioner is meant to be appointed along several guidelines that are in place to guarantee their independence:
(2) No-one may be appointed Commissioner if he or she: –
(a) holds an official office in, or is an employee of a political party, or holds an elected or appointed position in central or local government; or
(b) has been convicted, after due process in accordance with internationally accepted legal principles, of a violent crime and/or a crime of dishonesty or theft, for which he or she has not been pardoned.
(3) The Commissioner shall hold office for a term of seven years, and may be reappointed to serve a maximum of two terms, but may be removed by the President of the Government of Southern Sudan upon a recommendation passed by a two-thirds majority vote of the Southern Sudan Legislative Assembly. (4)
As it currently stands, several provisions appear to offer the government multiple ways to avoid disclosure. For example, a body may refuse to indicate whether or not it holds a record, or refuse to communicate information, in all cases &quoute;where to do so would, or would be likely to, cause serious prejudice to national security&quoute; (Clause 29). Nevertheless, there is a public interest override, which states that &quoute;a body may not refuse to indicate whether or not it holds a record, or refuse to communicate information, unless the harm to the protected interest outweighs the public interest in disclosure.&quoute; (Clause 21).
It must, however, be noted that there is no definition or application of guidelines for what constitutes a prejudice to national security, or what determines the public interest. In reality, there are strong suspicions that the government has little control over the widespread non-disclosure of defence information. Some individuals in the ruling regime are more powerful than the state and very influential (2). Army generals are hesitant to talk to the press on issues related to security and corruption, and there is a strong suspicion that the decision to classify defence information is ultimately theirs (5).
1) The Public Financial Management and Accountability Act, 2011. sections (1)-(6) of section 24.
2) Jacob J. Akol, “Solidarity Meeting for Support of Good Media Laws in South Sudan,” Gurtong, November 6th 2012, accessed 6th July 2014, http://www.gurtong.net/ECM/Editorial/tabid/124/ctl/ArticleView/mid/519/articleId/8465/Presentation-on-Media-Laws-in-South-Sudan.aspx
3) Freedom Info, &quoute;South Sudan Approved Right to Information Law in 2013&quoute;, Decembter 2014, http://www.freedominfo.org/2014/12/south-sudan-approved-right-information-law-2013/
4) Freedom of Information Bill, https://www.article19.org/data/files/pdfs/analysis/southern-sudan-freedom-of-information-bill.pdf
5) &quoute;The Nexus of Corruption and Conflict in South Sudan&quoute;: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?
Researcher4126: There is no public information regarding the ownership of commercial businesses by the MoDVA in South Sudan. The Anti-corruption Commission Act, 2009 outlaws the army from engaging in private enterprises.
However, as peer reviewer 2 notes, The MOD Directorate of Military Production specifically has a commercial role. It has also been suggested that the MOD / SPLA has official commercial interests in a hotel, shops and farming enterprises.
In addition, the public is aware that individual army generals have interests giant commercial businesses in the country namely estates, financial institutions, gas stations and Forex bureaus (1). It is also alleged that some of the business companies in the country are owned by army generals, including the president. In particular, it is alleged that President Salva Kiir is a major share holder in the ABC construction company that provides most of the technical road construction work in Juba (3)
1) “President Kiir demands South Sudan officials return stolen money,” Sudan Tribune, 2 June 2012, accessed 18th June 2014, http://www.sudantribune.com/spip.php?article42785.
2) The Anti-corruption Commission Act, 2009
3) &quoute;President Kiir linked to multi-million dollar roads contracts: Radio Damazuj, 16 June, 2015, accessed 23rd September, 2015, https://radiotamazuj.org/en/article/special-investigation-president-kiir-linked-multi-million-dollar-roads-contracts
Opinion: Agree
Comment:
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: The MOD Directorate of Military Production specifically has this role. I'm aware of MOD / SPLA having official commercial interests in a hotel, shops and farming enterprises.
Suggested score:
Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?
Researcher4126: There is no public information regarding the ownership of commercial businesses by the MoDVA in South Sudan. While the Anti-corruption Commission Act, 2009 outlaws the army from engaging in private enterprises, the public is aware that individual army generals have interests giant commercial businesses in the country namely estates, financial institutions, gas stations and Forex bureaus (1). Given the fact that these are not publicly declared and military involvement in commerce is opaque, it is extremely unlikely that military owned businesses are independently scrutinised.
Efforts are, however, being made by the government to scrutinize individual military wealth in South Sudan. According to media reports, some army generals in the SPLA have already submitted wealth declaration forms provided by the South Sudan Anti-Corruption Commission (SSACC). However, results have not been publicized (1, 2).
Indeed, due to ongoing problems with the SSACC, it is doubtful that such a process is widespread. There are reports that it is poorly funded and staffed, particularly following austerity measures in 2013 that cut its budget by almost 40%. As a result, the commission stopped recruiting new staff, freezing it to its existing 126 employees, who are spread across South Sudan’s 10 states (3).
In addition, there is evidence that this scrutiny is highly selective. For example, it is alleged that President Salva Kiir is a major share holder in the ABC construction company that provides most of the technical road construction work in Juba (4).
1) “President Kiir demands South Sudan officials return stolen money”; Sudan Tribune,
June 2, 2012, accessed 12th February 2015, http://www.sudantribune.com/spip.php?article42785;
2) “South Sudan’s Kiir accuses army of corruption”, Sudan Tribune, September 20, 2013, accessed 12th February 2015, http://www.sudantribune.com/spip.php?article48115.
3) &quoute;South Sudan’s anti-corruption body running short of cash&quoute;, Sudan Tribune, February 4, 2013, http://www.sudantribune.com/spip.php?article45400
4) &quoute;President Kiir linked to multi-million dollar roads contracts: Radio Damazuj, 16 June, 2015, accessed 23rd September, 2015, https://radiotamazuj.org/en/article/special-investigation-president-kiir-linked-multi-million-dollar-roads-contracts
Opinion: Agree
Comment:
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?
Researcher4126: Although the Anti-corruption Commission Act 2009 outlaws the military from from engaging in commerce, there is little information available to the public on the seriousness by the government to enforce the law. There is, for example, evidence of unauthorised private enterprise taking place. The public is aware that individual army generals have interests giant commercial businesses in the country namely estates, financial institutions, gas stations and Forex bureaus (7).
Efforts are, however, seemingly being made by the government to scrutinize individual military wealth in South Sudan. According to media reports, some army generals in the SPLA have already submitted wealth declaration forms provided by the South Sudan Anti-Corruption Commission (SSACC). However, results have not been publicized (4, 5).
Indeed, due to ongoing problems with the SSACC, it is doubtful that such a process is widespread. There are reports that it is poorly funded and staffed, particularly following austerity measures in 2013 that cut its budget by almost 40%. As a result, the commission stopped recruiting new staff, freezing it to its existing 126 employees, who are spread across South Sudan’s 10 states (6).
In addition, there is evidence that this scrutiny is highly selective. For example, it is alleged that President Salva Kiir, himself an army general, is a major share holder in the ABC construction company that provides most of the technical road construction work in Juba (8).
Response to government reviewer:
While military personnel are outlawed from engaging in commerce, there is evidence that this continues to take place. In addition, there is no evidence of heavy sanctions in place to deal with offenders, which is a key criteria for a higher score. Score maintained.
1) SPLA soldiers loot civilian food to starve Machar: The Insider, 7th August, 2015, accessed 3rd Sept. 2015, http://www.theinsider.ug/spla-soldiers-loot-civilians-food-to-starve-machar/
2) The Battle for Cattle: Civilians Starve as Soldiers Loot Livestock in South Sudan: Vice News, By Jason Patinkin, August 10, 2015 , accessed 2nd Sept. 2015, https://news.vice.com/article/the-battle-for-cattle-civilians-starve-as-soldiers-loot-livestock-in-south-sudan
3) The Anti-corruption Commission Act, 2009
4) “President Kiir demands South Sudan officials return stolen money”; Sudan Tribune,
June 2, 2012, accessed 12th February 2015, http://www.sudantribune.com/spip.php?article42785;
5) “South Sudan’s Kiir accuses army of corruption”, Sudan Tribune, September 20, 2013, accessed 12th February 2015, http://www.sudantribune.com/spip.php?article48115.
6) &quoute;South Sudan’s anti-corruption body running short of cash&quoute;, Sudan Tribune, February 4, 2013, http://www.sudantribune.com/spip.php?article45400
7) “President Kiir demands South Sudan officials return stolen money,” Sudan Tribune, 2 June 2012, accessed 18th June 2014, http://www.sudantribune.com/spip.php?article42785.
8) &quoute;President Kiir linked to multi-million dollar roads contracts: Radio Damazuj, 16 June, 2015, accessed 23rd September, 2015, https://radiotamazuj.org/en/article/special-investigation-president-kiir-linked-multi-million-dollar-roads-contracts
Opinion: Agree with Comments
Comment: There is evidence of military soldiers being involved recently in illicit poaching activities. Whether these activities are reported as per the details provided above are unclear.
Source:
Okech, Francis. “South Sudan Animals Decimated as Troops Fuel Poaching Crisis.” Bloomberg News, 4 February 2015. Accessed 25 March 2015, http://www.bloomberg.com/news/articles/2015-02-04/wildlife-decimated-in-south-sudan-as-troops-fuel-poaching-crisis.
Suggested score:
Opinion: Disagree
Comment: This is not allowed in our military institution.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?
Researcher4126: There is no information available to the public of any commitment by the Defence Ministry as an institution to combat corruption. Although some senior army officers have expressed the willingness to fight corruption in the army, nothing tangible has been done about it. The committee instituted by the president to investigate corruption allegations has also not concluded any investigations (2).
Response to peer and government reviewer:
The current MoDVA and the army spokesperson are some of the army officers who have expressed through the media the commitment by the government to fight graft in the military. However, this has not translated into discernible action and has simply remained lip-service. The internal audit directorate in the MoDVA might have been established, but there is no information to the public to show whether it is active or effective. Due to the lack of evidence of anything more than cursory statements about corruption, a score of 2 (which requires some evidence of commitment to anti-corruption and integrity measures) or above (which would require a clear and cohesive commitment to anti-corruption and integrity measures by the Defence Ministry) cannot be awarded. I have, however, raised the score from 0 to 1 in recognition of the fact that there have been some public statements on the topic.
1) Ariel Bardi, “Crackdown on journalists in South Sudan pits the people against the People’s Army.” Media Global News, June 17, 2013, accessed, 20th June 2014, http://www.mediaglobal.org/2013/06/17/crackdown-on-journalists-in-south-sudan-pits-the-people-against-the-peoples-army
2) President Kiir demands South Sudan officials return stolen money”; Sudan Tribune,
June 2, 2012, accessed 12th February 2015, http://www.sudantribune.com/spip.php?article42785
3) “South Sudan’s Kiir accuses army of corruption”, Sudan Tribune, September 20, 2013, accessed 12th February 2015, http://www.sudantribune.com/spip.php?article48115
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is very clearly stated.
Suggested score: 4
Opinion: Disagree
Comment: The MOD certainly pays lip service to the need to tackle corruption and was starting to make progress in this area, setting up directorates of Internal Audit and Oversight over 2012-13. However, I strongly suspect the momentum will have stalled since the break-out of civil war in late 2013.
Suggested score: 2
Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?
Researcher4126: There are formal measures in place to combat bribery and corruption in South Sudan. In 2008, the parliament passed a resolution to investigate the grain scandal and summoned the Minister responsible to answer questions related to the procurement of the food reserves (1).
The SSACC, a body legally mandated to investigate corruption has also investigated several cases of corruption in the country since it was instituted (2). In 2013, the president also suspended two Ministers in the MoDVA allegedly involved in corruption and appointed a committee headed by the SSACC to investigate them. A similar committee headed by the police was also set up by the president to investigate the loss of money in the office of the president. The SSACC has also called upon top generals to declare their wealth.
However, there is no report to the public on the outcome of these investigations to date. In addition, there are reports that the SSACC is poorly funded and staffed, particularly following austerity measures in 2013 that cut its budget by almost 40%. As a result, the commission stopped recruiting new staff, freezing it to its existing 126 employees, who are spread across South Sudan’s 10 states (7).
The reports of the investigation committee have not been published, and none of the accused persons have been prosecuted despite the wide spread of corruption in government. It has been observed that lack of political will by the government and lack of power by the SSACC are some of the factors responsible for the persistence of corruption in the country (4). On the surface of it, the government seems to be doing a lot on the fight against corruption, but with no tangible results (6).
1) John Tanza, “South Sudan Parliament Acts on Corruption.” VOA, 25, 2011, accessed 18th June 2014, http://www.voanews.com/content/south-sudan-parliament-acts-tough-128471573/160085.html.
2) Marvis Birungi, “Report Exposes South Sudan Corruption.” VOA, September 06 2011, accessed 18th June 2014. http://www.voanews.com/content/report-exposes-south-sudan-corruption--129392078/160105.html.
3)“2013 Investment Climate Statement - South Sudan.” Bureau of Economic and Business Affairs, February 2013, accessed 19th July 2014, http://www.state.gov/e/eb/rls/othr/ics/2013/204855.htm
4) “South Sudan again pledges to tackle corruption” The Economist, September 26th 2013, accessed 13th February 2015, http://country.eiu.com/article.aspx?articleid=531001037&Country=Sudan&topic=Politics
5) “South Sudan president suspends two ministers in fraud inquiry”, Reuters, By Andrew Green, JUBA Wed Jun 19, 2013, accessed 13th February 2015, http://www.reuters.com/article/2013/06/19/us-southsudan-corruption-idUSBRE95I15I20130619.
6) “Juba: corruption investigation committee determined to “establish facts”, Sudan Tribune, July 18, 2013, accessed 13th Feb 2015, http://www.sudantribune.com/spip.php?article47326
7) &quoute;South Sudan’s anti-corruption body running short of cash&quoute;, Sudan Tribune, February 4, 2013, http://www.sudantribune.com/spip.php?article45400
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
Researcher4126: There is no encouragement of whistle blowing. People who have attempted to reveal corrupt practices in the army have been harassed by security operatives and the government has done nothing to protect them (3). There is no whistleblower law or mechanisms to protect whistleblowers in South Sudan. Some foreign government officials who have tried to expose corrupt practices have been expelled from the country (1).
In the last couple of months, a couple of senior government officers have resigned from their posts mainly citing the high levels of corruption in the ruling regime. They have accused the ruling regime for lack of freedom, sectarianism, marginalization and tribalism and the loss of vision of the liberation struggle (4).
Response to government reviewer:
There is no law on whistle-blowing in South Sudan. The government does not also protect whistle blowers in practice. Instead people who are critical of the government on corruption related issues are always harassed by the government. According to media reports, the government massacred more than 600 political detainees in Juba on the eve of signing the current peace accord with the rebels. Notably, most of these detainees were critical of the government on corruption-related issues. I have added source 5 to support this statement, and have maintained the score.
1. Alan Boswell, “American expelled from South Sudan for anti-corruption work.” McClatchy Newspapers, August 20, 2012 , accessed 23rd June 2014, http://www.mcclatchydc.com/2012/08/20/162893/american-expelled-from-south-sudan.html.
2) Magali Mores, Overview of Corruption and Anti-corruption, reviewed by Marie Chene and Njoya Tikum (Transparency International, 4th March 2013 No. 371)
3) Personal knowledge during employment with an international organisation, South Sudan, 2013;
4) “Condemning Kiir’s facist regime: PR from MPs & SPLA Officers”, By IAfrica in South Sudan Jun 9th, 2014, accessed 23rd June 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers/
5) “S. Sudan president denies killing of over 600 political prisoners”:Sudan Tribune, 2nd September, 2015, accessed 3rd Sept. 2015, http://www.sudantribune.com/spip.php?article56267
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is always there.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
Researcher4126: There are some provisions for the appointment of personnel in sensitive positions namely the security, finance and procurement sectors in South Sudan. These are included in the SPLA Act, 2011, the Southern Sudan Anti-corruption Commission Act, 2009 and the Public Financial Management and Accountability Act, 2011. For instance, the SPLA Act, 2011 provides for the vetting of officers, the publication of calls for recruitment and a minimum level of education among things.
However, in practice, there is no evidence to show that these guidelines are being followed. The command council has been accused of recruiting senior personnel mainly from his Dinka tribe (6). The audit report shows the accounts department of the MoDVA is filled by uniformed men who lack the basic accounting knowledge and skills (see 2012 GoSS audit report). The president also makes appointments that ignore objections from the NLA (5), suggesting that formal guidelines are not always followed.
Response to government reviewer:
I could find no public information to back up your suggestion that post rotations are in place for personnel in sensitive positions. I have maintained the score.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statement of Government of Southern Sudan for the year ended 31st December 2008, 2012, pg. 237.
2) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014. http://allafrica.com/stories/201406130066.html.
3) The SPLA Act, 2011
4) The Southern Sudan Anti-corruption Commission Act, 2009 5) Public Financial Management and Accountability Act, 2011.
5) “South Sudan again pledges to tackle corruption” The Economist, September 26th 2013, accessed 13th February 2015, http://country.eiu.com/article.aspx?articleid=531001037&Country=Sudan&topic=Politics)
6) “Condemning Kiir’s facist regime: PR from MPs & SPLA Officers”, By IAfrica in South Sudan Jun 9th, 2014, accessed 23rd June 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers.
7) Major Defection Hit SPLA: Nyamlepedia, 10th January, 2015, accessed 2nd Sept. 2015, http://www.nyamile.com/2015/01/10/breaking-news-major-army-defection-hit-south-sudans-spla/
8) SPLM/SPLA-IO Confirmed More Defections From Salva Kiir Government: Nyamilepedia, April 10, 2015, accessed 27th August, 2015,
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is and eventually transfers from positions are made.
Suggested score: 3
Opinion: Agree with Comments
Comment: I was very pleasantly surprised in late 2013 when two senior officers that I regarded as being of the highest integrity (relative to the rest of the SPLA) were appointed to the two posts with the greatest potential for corruption (military production and procurement). I took this at the time as a good sign that someone at the top was taking care to appoint people of integrity to sensitive positions.
Suggested score:
Is the number of civilian and military personnel accurately known and publicly available?
Researcher4126: The number of civilians and military personnel on the payroll of the MoDVA in south Sudan is not known- there is no information available to the public about it. According to media reports, peer reviewer 2, and an interviewee, the payroll of the army is full of ghost employees. The audit report for the financial period ending 31st December 2008 shows that the MoDVA also produced payroll for only seven army divisions out of forty (2 & 3).
Response to government reviewer:
There is no information available to the public on the number of civilian and military personnel in the MoDVA. As commented earlier, the audit report of 2012 covering the period 2005-2008 shows that the army failed to produce all the payrolls. It is also alleged that the government does not know the exact number of soldiers in the SPLA. I have added source 5 to support this. Score maintained.
1) Asha Abdel Rahim, Economic Reconstruction in South sudan: Priorities for Research and Policy Formulation: in Sate Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, Nairobi, Kenya, 2013), 76.
2) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial year ended 31st December 2008, pg. 12.
3) “South Sudan again pledges to tackle corruption” The Economist, September 26th 2013, accessed 13th February 2015, http://country.eiu.com/article.aspx?articleid=531001037&Country=Sudan&topic=Politics
4) Interview with a retired Officer, Juba, 10th February 2015
5) Asha Abdel Rahim, Economic Reconstruction in South sudan: Priorities for Research and Policy Formulation: in Sate Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, Nairobi, Kenya, 2013), 76. 2)
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: We have clear number of civilians in the pay role apart from the military.
Suggested score: 4
Opinion: Agree with Comments
Comment: The number of civilians in the Ministry (measured in the 10s) is small scale in comparison with the real issue - the number of ghosts on the military payroll (measured in the 10,000s).
Suggested score:
Are pay rates and allowances for civilian and military personnel openly published?
Researcher4126: There is no information available to the public on the pay rates and allowances for civilians and military personnel working with the MoDVA in South Sudan. According to the 2012 audit report and media reports, the MoDVA failed to produce all the army payrolls for audit- payrolls were produced for only seven army divisions of the 40.
Response to the peer and government reviewer:
Information on the payroll of the army might be available within the MoDVA and MoFEP. Nevertheless, it has not been made available to the public, which is the main criterion for this question. In addition, the 2012 audit report for the period 2005-2008 showed that there were no proper criteria for paying salaries and allowances to staff in all the government ministries. It was also hard for the audit to establish the amount of money paid out for allowances due to poor documentation. Score maintained.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statement of the Government of Southern Sudan for the period ended 31st December 2008, 2012, pg. 239
2) “South Sudan again pledges to tackle corruption” The Economist, September 26th 2013, accessed 13th February 2015, http://country.eiu.com/article.aspx?articleid=531001037&Country=Sudan&topic=Politics,
3) Is South Sudan “the World’s Most Failed State?”World Peace Foundation, By Alex DeWaal, July 1, 2014, accessed 13 February 2015, http://sites.tufts.edu/reinventingpeace/2014/07/01/is-south-sudan-the-worlds-most-failed-state/
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is clearly there in our finance department.
Suggested score: 4
Opinion: Agree with Comments
Comment: The figures may not be available publicly, but they are fairly well understood within the MOD/SPLA and applied, albeit patchily and sporadically, across the defence enterprise.
Suggested score:
Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
Researcher4126: There have been serious delays in paying the salaries of military personnel in South Sudan. The interviewee stated that salaries have at times been delayed by three months without any explanation from the government. According to media reports, many soldiers have also abandoned their stations of deployment due to lack of salaries. Most salaries are still been paid manually despite the introduction of electronic pay roll.
There is also a suspicion that army generals are hesitant to adhere to the electronic payroll system due to the fear that it will make it hard for them to steal money. The interviewee stated that most of the army generals in Juba got their wealth from ghost payrolls.
Response to government reviewer:
In order to score higher, I would need access to evidence that personnel receive the correct pay on time; the payment system is well-established, routine, and published; and basic pay is non-discretionary. I could find no public record of the payment system on which to judge whether it is robust or not, and the severe delays in payment referenced preclude a higher score.
1) National Audit Chambers: The Report of the Auditor General on the Financial Statement of the Government of Southern Sudan for the year ended 31st December 2008, pg. 239
2) Interview with a retired Officer, Juba, 10th February 2015
3) “S. Sudan army concedes delayed payments caused desertions”, Sudan Tribune, August 6, 2014 (JUBA), accessed 13th February 2015, http://www.sudantribune.com/spip.php?article51939,
4) “Mass desertions from SPLA at Jonglei front”, Radion Damazuj, JUBA (UPDATE: 17:57) (12 Jun.) 2014, accessed 13th Feb. 2015, https://radiotamazuj.org/en/article/mass-desertions-spla-jonglei-front
5) “Clashes erupt at army base in tense South Sudan”, REUTERS, Thursday 6 March 2014, accessed 13th February 2015, http://www.sabc.co.za/news/a/7590ed004329bb5ab704bf45a23ba143/Clashes-erupt-at-army-base-in-tense-South-Sudan-20140603.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Payment is non - discretionary but there is some delay sometimes.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
Researcher4126: The system for the appointment of top and middle military officers has not been made public in South Sudan. The SPLA Act, 2009 provides basic information on the general procedure for recruitment and appointment in the MoDVA (see sections 20-24 of SPLA Act, 2009), however, most military ranks in the SPLA have not been properly commissioned.
The current army in south Sudan is a loose integration of rebel and militia groups who fought the Khartoum-based former government on different fronts. In 2005, the rebel groups joined the SPLA, the current national army. At the time, these rebels had &quoute;bush ranks&quoute; and were allowed to hold such ranks. Since then, appointments in senior military positions is used as a means to distribute resources between former rebel commanders. Senior positions in the army are also dominated by the Dinka tribe of the president (2), which undoubtedly raises a concern on the objectivity of these appointments.
Response to peer reviewer 2:
Agreed that there is meant to be a system based on 'shields' - or years of entry into the army. However, the reality on the ground, as you also explain, shows strong evidence of appointment based not purely on merit. Score maintained.
Response to government reviewer:
Unfortunately, the public information that I could find on this issue does not support your statement that there is a system currently in place that rewards merit. While you suggest that a score of 4 is appropriate, I could find very little to suggest that there is an established system for the appointment of military personnel, which requires the use of objective job descriptions and assessment processes for appointments, and oversight of this process by independent personnel. Score maintained.
1) The Sudan Peoples' Liberation Army Act, 2009. Sections 20-24.
2) &quoute;Condemning Kiir’s facist regime: PR from MPs & SPLA Officers.&quoute; Indepth Africa, 7th June 2014, accessed 23rd June 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers;
3) “South Sudan: Gen Paul Malong Awan Appointed as New SPLA Chief” African Armed Forces, Tuesday, April 29, 2014, accessed 13th Feb. 2015, http://www.aafonline.co.za/news/south-sudan-gen-paul-malong-awan-appointed-new-spla-chief;
4) “The Conflict in Northern and Western Bahr el Ghazal States”, HSBA, 10th October 2014, http://www.smallarmssurveysudan.org/facts-figures/south-sudan/conflict-of-2013-14/the-conflict-in-bahr-el-ghazal.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is well established today.
Suggested score: 4
Opinion: Disagree
Comment: The SPLA has an official promotion system that involves 'shields' - or years of entry into the army. However, this is confused by the issue that the core SPLA was used as a sponge to integrate a variety of militia groups, and has also taken in members of the SAF. this has resulted in massive over promotion of some staff and lack of proper recognition for others.
Suggested score: 2
Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
Researcher4126: There is no information on the existence of formal and transparent processes through which personnel in defence are promoted in South Sudan. There is no information available to the public on the formal process for appointment and promotion in the army. There is also no information on the existence of a board specifically entrusted to handle promotions in the army.
Several rebel groups were integrated into the SPLA and given positions in the army immediately after the signing of the CPA (1). Since independence in 2011, most of the appointments to key military positions were made by the army high command without a formalized process. Most senior positions in the army are held by the Dinka tribe of the president, as confirmed by an interviewee, which raises questions on the procedure of recruitment in the MoDVA.
Response to government reviewer:
Without any public evidence of formal processes, boards or oversight of the promotions process, I cannot award a higher score.
1) Dr. Riek Machar: &quoute;Experiences of State Building and Development in South Sudan: in State Building and Development in South Sudan (African Research and Resource Forum, Nairobi, Kenya 2011), 14.
2) &quoute;Condemning Kiir’s facist regime: PR from MPs & SPLA Officers.&quoute; Indepth Africa, 7th June 2014
accessed 23rd June 2014, http://indepthafrica.com/condemning-kiirs-facist-regime-pr-from-mps-spla-officers.
3) Interview with a retired Officer, Juba, 10th February 2015
4) Six South Sudanese Army Air Officers Join the Rebellion: Sudan Tribune News Paper: By Tesfa-Alem Tekle, 14th Sept. 2014, accessed 29th September 2015, http://www.sudantribune.com/spip.php?article52386
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is done transparently as a system.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
Researcher4126: There is no information to the public on rules or mechanisms against bribery regarding conscription in the army in South Sudan, although there are some general measures against bribery. The SSACC, a body legally mandated to investigate corruption, has investigated several cases of corruption in the country since it was instituted (4). In 2013, the president also suspended two Ministers in the MoDVA allegedly involved in corruption and appointed a committee headed by the SSACC to investigate them. A similar committee headed by the police was also set up by the president to investigate the loss of money in the office of the president. The SSACC has also called upon top generals to declare their wealth.
The SPLA defence White Paper 2008 provides for conscription in military service. However, according to media reports, the SPLA has been conscripting south Sudanese citizens into the army to fight rebel groups since the political violence of December 2013. It is also alleged that many of the people conscripted are school children and teachers (3).
There is no clear information available to the public on compulsory conscription into the army and bribes related to conscription in South Sudan. However, considering the lack of technical oversight and wide spread of corruption in the MoDVA, forced conscription is likely to be marred with corruption.
Response to government reviewer:
I could not find any public evidence to suggest that bribery in the conscription process has ever resulted in punishment or dismissal. Score maintained.
1) SPLA defence White Paper, 2008
2) James Gatdet Dak, “South Sudan army rejects criticism against White Paper on defence.” Sudan Tribune, Friday 27 June 2008, accessed 15th July 2014, http://www.sudantribune.com/spip.php?article27661,
3) “SPLA raids schools, conscripts child soldiers”, the Insider, September 13th 2014, accessed on 13th Feb. 2015, http://www.theinsider.ug/spla-raids-schools-conscripts-child-soldiers.
4) Marvis Birungi, “Report Exposes South Sudan Corruption.” VOA, September 06 2011, accessed 18th June 2014. http://www.voanews.com/content/report-exposes-south-sudan-corruption--129392078/160105.html.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is very risky and leads to severe punishment and dismissal.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?
Researcher4126: There is no information available to the public on policies, rules or mechanisms against bribery for soliciting preferred positions in the military in South Sudan, although there are some general measures against bribery. The SSACC, a body legally mandated to investigate corruption, has investigated several cases of corruption in the country since it was instituted (4).
In 2013, the president also suspended two Ministers in the MoDVA allegedly involved in corruption and appointed a committee headed by the SSACC to investigate them. A similar committee headed by the police was also set up by the president to investigate the loss of money in the office of the president. The SSACC has also called upon top generals to declare their wealth. However, it is most likely that conscription is also marred by corruption considering the allegation that graft widely exists in the MoDVA.
According to media reports, the SPLA has been conducting forceful conscription into the army since the political violence of December 2013 mainly targeting school children and teachers.
Response to government reviewer:
There is no information available to the public on military personnel being prosecuted due to corruption-related cases. Score maintained.
1) SPLA defence White Paper, 2008
2) James Gatdet Dak, “South Sudan army rejects criticism against White Paper on defence.” Sudan Tribune, Friday 27 June 2008, accessed 15th July 2014, http://www.sudantribune.com/spip.php?article27661,
3) “SPLA raids schools, conscripts child soldiers”, the insider, September 13th 2014, accessed on 13th Feb. 2015, http://www.theinsider.ug/spla-raids-schools-conscripts-child-soldiers/
4) Marvis Birungi, “Report Exposes South Sudan Corruption.” VOA, September 06 2011, accessed 18th June 2014. http://www.voanews.com/content/report-exposes-south-sudan-corruption--129392078/160105.html.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is not allowed by law. Its violation lead to dismissal.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?
Researcher4126: The financial audit report of 2005-2008 revealed serious problems with payroll management in the MoDVA in South Sudan. Military personnel who are dead still have their names on the army payroll. The SPLA failed to produce payrolls for 33 army divisions out of 40. It was also difficult for the audit team to verify whether salaries and allowances were paid in line with employees positions.
In the wake of reform, the government has pledged to address the issue of payroll through an electronic system, which has not yet been implemented for the defence and security sector. The government has found it hard to enforce the required reform because of the profits being generated for army chiefs considered as 'liberators' following South Sudan's independence. The government fears that such a reform might target these powerful personnel and result in a security threat to the country. The South Sudanese media is full of accusations of potential rebellions and coup plans. It is also alleged that efforts by the government to start the clean up the army payroll led to fighting among the army in March 2014 in Jebel barracks located in Juba the capital city.
The interviewee stated that most senior military officers have been accused of enlisting their family members in the army payroll. It is also reported that there is a common practice for army generals to sign for the salary of more than 100 personnel (1).
Response to peer and government reviewer:
According to media reports, the are many ghost names on the army army payroll. There is also no information available to the public on the number of military personnel in the army payroll. It is a wide public opinion that the government does not know the number of military personnel in the army payroll. Efforts by the government to improve the management of the payroll by introducing electronic payroll system did no yield any tangible result. To date, the military is still paid manually. Score maintained.
1) George Omodi, &quoute;The Challenges of State-Building and National Development in the New Republic of South Sudan: in State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Njong'o (African Research and Resource Forum, Nairobi, Kenya, 2013), 31.
2) Asha Abdel Rahim, &quoute;Economic Reconstruction in South Sudan&quoute;: Priorities for Research and Policy Formulation: in State Building in South Sudan, (African Research and Resource Forum, Nairobi-Kenya, 2013), 74-75.
3) Interview with a retired Officer, Juba, 10th February 2015
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Many ghost soldiers are put back to training.
Suggested score: 1
Opinion: Disagree
Comment: Throughout 2011-13 there was a sustained effort supported by international donors to establish a computerised 'Human Resource Information System'. This was fully supported by the MOD leadership and the then DCOGS Admin who oversaw the programme. A GHQ unit of 20-30 staff was trained, a computer system was in place, and data entry was well advanced by 2013. That said the number of ghosts on the SPLA payroll can be reasonably estimated in the tens of thousands and this remains a massive area of corruption as senior officers pocket the salaries for themselves, or use the money to fund essential unit logistical costs.
Suggested score: 1
Are chains of command separate from chains of payment?
Researcher4126: There is no segregation of duties between chains of command and payment. It is considered a common practice in the army that generals sign for the salaries of more than 100 soldiers. Salaries are distributed by army commanders.
The audit report of 2005-2008 demonstrated serious institutional weaknesses in the MoDVA. It was also reported that the accounts office in the MoDVA is also filled by uniformed men who lack basic accounting knowledge and skills and are subject to military orders from their superiors (1). The interviewee confirmed that some army commanders double as paymasters.
Response to government reviewer:
According to the available information to the public, army commanders also serve as paymasters. In circumstances where paymasters exist, they are not independent. It is also a common practice for army commanders to direct who should be paid, without following any formal procedure. Score maintained.
1) George Omondi & Nsamba A. Morris, &quoute;Priorities for Governance Reforms and Capacity Development: in State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, Nairobi, Kenya, 2013), 84.
2) Magali Mores, &quoute;Overview of Corruption and Anti-Corruption in South Sudan&quoute;, reviewed by Marie Chene (Transparency International, 4th March, 2013)
3) Interview with a retired Officer, Juba, 10th February 2015.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Chain of command is very seperate from the one of payment.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?
Researcher4126: There is no information available to suggest that there is a code of conduct for the personnel in the MoDVA in South Sudan that covers corruption, although there are some general measures against bribery. The SSACC, a body legally mandated to investigate corruption, has investigated several cases of corruption in the country since it was instituted (4). In 2013, the president also suspended two Ministers in the MoDVA allegedly involved in corruption and appointed a committee headed by the SSACC to investigate them. A similar committee headed by the police was also set up by the president to investigate the loss of money in the office of the president. The SSACC has also called upon top generals to declare their wealth. Notably, corruption is widespread in the army and the government in general.
For example, it is alleged that a significant number of the companies involved in the Dura scandal, in which the government paid the equivalent of nearly $1 million for cereals which were never delivered, belong to family members of senior government officials and close allies of people in government (2).
It has also been reported in the media that some officials in the MFEP took a bribe of 50,000 South Sudanese Pounds from the company that constructed the house for the presidential guard unit at Beijing Hotel in Juba (3).
Response to government reviewer:
There is no information available to the public on the code of conduct for the army. I could not find the text of the White Paper online. Considering the media allegations of widespread of corruption in the MoDVA, it is most likely that a code of conduct does not exist. If it does exist, it does not appear that it is being enforced.
1) Sudan Peoples' Liberation Army Act, 2009. 2) The Sudan People's White Paper on defence, 2009
2) “South Sudan to Probe 'Dura Saga' Grain Swindle”, VOA, May 2013, http://www.voanews.com/content/south-sudan-probe-sorghum-dura-saga-corruption/1661994.html
3) “S. Sudan presidency warns finance officials over bribery”, Sudan Tribune, Wednesday 19 November 2014, accessed 14th Feb. 2015, http://www.sudantribune.com/spip.php?article53080
4) Marvis Birungi, “Report Exposes South Sudan Corruption.” VOA, September 06 2011, accessed 18th June 2014. http://www.voanews.com/content/report-exposes-south-sudan-corruption--129392078/160105.html.
Opinion: Agree with Comments
Comment: Bribery is reportedly widespread among military and defence, and other governing ministries.
Source:
“Freedom in the World – South Sudan 2014.” Freedom House, 2014. Accessed 24 March 2014, https://freedomhouse.org/report/freedom-world/2014/south-sudan.
Suggested score:
Opinion: Disagree
Comment: SPLA white paper - SPLA penal and disciplinary law and manifesto.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?
Researcher4126: There is no information available to suggest that there is a code of conduct for the personnel in the MoDVA in South Sudan that covers corruption. Notably, corruption is widespread in the army and the government in general.
For example, it is alleged that a significant number of the companies involved in the Dura scandal, in which the government paid the equivalent of nearly $1 million for cereals which were never delivered, belong to family members of senior government officials and close allies of people in government (4).
It has also been reported in the media that some officials in the MFEP took a bribe of 50,000 South Sudanese Pounds from the company that constructed the house for the presidential guard unit at Beijing Hotel in Juba (3).
According to media reports, the government has taken some measures to address the issues of graft and corruption, issuing several warnings to corrupt government officials. The president also wrote letters to some government officials to return stolen money. However, there is no information to the public on the prosecution of any government official suspected of bribery.
Considering the media allegations of widespread of corruption in the MoDVA, it is most likely that a code of conduct does not exist. If it does exist, it does not appear that it is being enforced.
Response to government reviewer:
There is no information available to the public on the code of conduct for the army. I could not find the text of the White Paper online. Considering the media allegations of widespread of corruption in the MoDVA, it is most likely that a code of conduct does not exist. If it does exist, it does not appear that it is being enforced. Score maintained.
1) Magali Mores, Overview of Corruption and Anti-corruption in South Sudan, reviewed by Marie Chene (Transparency International, 3 March 2013) and Njoya Tikum. pg. 3.
2) “President Kiir demands South Sudan officials return stolen money,” Sudan Tribune, 2 June 2012, accessed 18th June 2014, http://www.sudantribune.com/spip.php?article42785.
3) “S. Sudan presidency warns finance officials over bribery”, Sudan Tribune, Wednesday 19 November 2014, accessed 14th Feb. 2015, http://www.sudantribune.com/spip.php?article53080.
4) “South Sudan to Probe 'Dura Saga' Grain Swindle”, VOA, May 2013, http://www.voanews.com/content/south-sudan-probe-sorghum-dura-saga-corruption/1661994.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: SPLA white paper and the SPLA disciplinary law.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Does regular anti-corruption training take place for military and civilian personnel?
Researcher4126: There is no information available to the public on formal training conducted for military and civilian personnel specifically on anti-corruption in South Sudan. However, several trainings have been conducted on governance related issues, the most recent being a three month course for local government officials in collaboration with GIZ. It is unclear whether this involved defence staff.
Response to peer reviewer 2:
Although the MOD might be open to receiving such training if it was offered to them by an international donor, there is no evidence that this is being planned.
Response to government reviewer:
There is no information to the public on any training organized by the government on corruption related issues for the military. Score maintained.
1) George Omondi & Nsamba A Morris, &quoute;Priorities for Governance Reforms and Capacity Development: in State Building in South Sudan: Priorities for Development Policy Research, edited by Dorothy Nyong'o (African Research and Resource Forum, Nairobi-Kenya, 2013), 89.
2) Personal experience, involvement in local government training, 2013
3) GIZ website, South Sudan, https://www.giz.de/en/worldwide/313.html
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: The military intelligence are trained to do some of this work.
Suggested score: 3
Opinion: Agree with Comments
Comment: I think the MOD would be open to receiving such training if it was offered to them by an international donor.
Suggested score:
Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
Researcher4126: There is no policy to make public the outcomes of prosecution of military personnel and security officers involved in corrupt practices in South Sudan. Despite the widespread of corruption in the country, none of the army generals suspected of corrupt practices have been convicted.
According to media reports, the ruling regime has failed to publish any of the investigation reports commissioned on corrupt army generals, which raises a question on the effectiveness of the mechanisms to combat corruption.
It has also been observed that there are several institutional weaknesses that hamper the fight against corruption in the country. For example the South Sudan Anti-Corruption Commission (SSACC) is mandated to provide technical oversight in integrity issues. However, there are reports that it is poorly funded and staffed, particularly following austerity measures in 2013 that cut its budget by almost 40%. As a result, the commission stopped recruiting new staff, freezing it to its existing 126 employees, who are spread across South Sudan’s 10 states (3).
1) Magali Mores, &quoute;Overview of Corruption and Anti-corruption in South Sudan.&quoute; reviewed by Marie Chene (Transparency International) and Njoya Tikum, March 2013.
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013 accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) &quoute;South Sudan’s anti-corruption body running short of cash&quoute;, Sudan Tribune, February 4, 2013, http://www.sudantribune.com/spip.php?article45400
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
Researcher4126: There is no information available to the public on any measures in place by the ruling regime to discourage facilitation payment in South Sudan. Corruption is widespread in the public sector, for this reason it appears likely that measures to discourage facilitation payment are absent.
According to media reports the MoFEP, which has a legal mandate to provide technical oversight on financial matters, is embroiled in bribery. For instance it is alleged that in 2014, two officials in the MoFEP took a bribe of 50,000 South Sudanese pounds so as to award a construction contract to a company.
There have been a lot of complaints from foreign investors about difficulties they face to secure licenses from the ruling regime. It is also reported that foreign investors pay a lot of money to individuals in the ruling regime so as to register their businesses and win government contracts in which local contracting companies lack capacity. It is reportedly also a common practice in South Sudan for foreigners to pay bribes in order to avoid problems with authorities (1).
Response to government reviewer:
There does appear to be evidence of facilitation payments taking place, and there is no public record of legislation to control this. I have maintained the score.
1) Magali Mores, &quoute;Overview of Corruption and Anti-corruption in South Sudan, March 2013.&quoute; reviewed by Marie Chene, Transparency International and Njoya Tikum, pg. 2
2) “S. Sudan presidency warns finance officials over bribery”, Sudan Tribune, Wednesday 19 November 2014, accessed 14th Feb. 2015, http://www.sudantribune.com/spip.php?article53080
Opinion: Agree with Comments
Comment: During peace talks with Sudan, South Sudan's Chief Negotiator, Nhial Deng Nhial - Minister of Veteran Affairs and Defence, was charged with misappropriating $205 million (USD), with a potential $155 million (USD) being put into a secret account for Minister Nhial.
Source:
Nyol, J. Nguen. “Another $227 Million Dollars Scandal Involving South Sudan’s Chief Negotiator Nhial Deng Nhial and Elder Son of the South Sudan Central Bank Governor.” South Sudan News Agency, 12 June 2014. Accessed 25 March 2015, http://www.southsudannewsagency.com/opinion/editorials/millions-dollars-scandal-involving-nhial-deng-nhial.
Suggested score:
Opinion: Disagree
Comment: No facilitation payments are exercised.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?
Researcher4126: There is no information available to the public on any doctrine of the military for combating corruption in operations in South Sudan. There is also no information to the public regarding mechanisms by the government to address strategic operational corruption issues.
According to media reports, the MoDVA is hugely embroiled in graft and corruption, including the loss of thousands of dollars during the procurement of vehicles for army operations (1). According to the media, hundreds of soldiers have both deserted and defected from the SPLA from their field locations because of delays in salary payment. It is also reported that the current political conflict in the country is exacerbated by corruption (3).
Response to government reviewer:
There does not appear to be a public version of the White Paper, and this question specifically concerns doctrine rather than policy. Score maintained.
1) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html.
2) “South Sudan’s Kiir accuses army of corruption”, Sudan Tribune, 20th September 2013, accessed on 13th February 2015, http://www.sudantribune.com/spip.php?article48115;
3) “Conflicts in South Sudan”, Enough project, October 1st 2014, accessed 14th Feb. 2015
http://www.enoughproject.org/conflicts/sudans/conflicts-south-sudan
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Corruption is highly forbidden in the SPLA white paper. All SPLA adhere to this.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?
Researcher4126: There is no information available to the public on the training of army commanders in corruption issues in South Sudan. However, according to media reports, there is widespread corruption in the MoDVA. Notably, the millions of dollars that disappeared in the procurement of army vehicles (1), and the problems with ghost soldiers that benefit high-level personnel. According to the 2012 audit report, only 7 of 40 army division payrolls were produced by the MoDVA for audit. The expenditure in the MoDVA was more than the budgetary allocation (2 & 3).
There is therefore no known training in corruption issues for commanders, despite evidence that these officers engage in, or turn a blind eye, to corrupt activities.
Response to government reviewer:
I could find no evidence that training is happening, and have maintained the score.
1) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html.
2) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the year ended 31st December 2008, 2012
3) “South Sudan’s Kiir accuses army of corruption”, Sudan Tribune, 20th September 2013, accessed on 13th February 2015, http://www.sudantribune.com/spip.php?article48115
Opinion: Agree with Comments
Comment: South Sudan's President has called officials out on bribery and corruption charges in the past. Earlier this year, there were local accounts of Machar and Kiir soldiers going door-to-door to collect bribes, with no clear or reported recourse for these activities. Additionally, accounts of soldiers becoming involved in illicit activities like poaching have also gone on without any clear or reported recourse. Whether or not military leaders or government officials are involved in these activities is unclear.
Sources:
“S. Sudan Presidency Warns Finance Officials Over Bribery.” Sudan Tribune, 19 November 2014. Accessed 24 March 2015, http://www.sudantribune.com/spip.php?article53080.
Onyango-Obbo, Charles. “Bribing Kiir and Machar to Misrule South Sudan.” TesfaNews.net, 02 February 2015, accessed 25 March 2015, http://www.tesfanews.net/bribing-kiir-and-machar-to-misrule-south-sudan/.
Okech, Francis. “South Sudan Animals Decimated as Troops Fuel Poaching Crisis.” Bloomberg News, 4 February 2015. Accessed 25 March 2015, http://www.bloomberg.com/news/articles/2015-02-04/wildlife-decimated-in-south-sudan-as-troops-fuel-poaching-crisis.
Suggested score:
Opinion: Disagree
Comment: This eventually happens.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?
Researcher4126: There is no evidence available to the public on deploying trained professionals to monitor corruption risk in South Sudan. The MoDVA has also not publicized any willingness to deploy personnel to monitor corruption. According to reports, the MoFEP that provides oversight in financial management to the MoDVA also lacks the required capacity to effectively combat graft . It is also alleged that there is a significant level of corruption in the MoFEP which overshadows its capacity to effectively provide technical oversight to the MoDVA on corruption (3).
Response to government reviewer:
There is no information to the public on government deployment of experts to monitor corruption. There is also no information on and willingness by the government to do so. It is alleged that corruption is the leading cause of the ensued political violence in the country. Many SPLA soldiers have defected to the rebels because of alleged nepotism and sectarianism in the army. I have added source 4 to support this.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the period ended 31st December 2008, pg. 236-237, 2012
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done;
3) “S. Sudan presidency warns finance officials over bribery”, Sudan Tribune, Wednesday 19 November 2014, accessed 14th Feb. 2015, http://www.sudantribune.com/spip.php?article53080.
4) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: The MI and other technocrats.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?
Researcher4126: There is no information available to the public on guidelines and staff training on addressing corruption risk in contracting during operations in South Sudan. If the guidelines exist, they are confidential within the military.
The ruling regime has organized insufficient training for army personnel since the signing of the CPA in 2005. It should be noted that the current SPLA is composed of a loose integration of former rebels and militia groups who fought during the liberation war. The SPLA defence White paper 2008 has made significant provision for the capacity building of the military through local training programs, but this has hardly been implemented.
The public is aware that a significant number of personnel in the SPLA have not attended basic military training. Most of these soldiers are former youth vigilantes who were simply mobilized by the various militia leaders to join the liberation struggle. According to media reports and interviewees, the army has poor discipline and most of its members are not well-trained.
1) Deng Atem Kuol Atem, “The army lacks discipline’, S. Sudan’s new defence Minister says.” The Niles News Paper, 9th August 2013, accessed 7th July 2014, http://www.theniles.org/articles/?id=1981.
2) Interview with a retired Officer, Juba, 10th February 2015
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.
Researcher4126: There are several private military contractors run by both foreign and local companies in South Sudan, for example G4S and the Warriors security services.
According to media reports, these companies are largely contracted by UN agencies, foreign diplomatic missions and humanitarian agencies to provide security for their offices and guest houses, among others things. It is also reported that a significant number of SPLA soldiers have been seconded to work with the private security companies.
However, there is little information available to the public on scrutiny of the services of these private military contractors in South Sudan. It is also reported that the PMSCs in south Sudan have a close working relationship with security forces, and often rely on these forces for assistance in volatile situations, which cannot be dealt with by the PMSCs alone. It appears that PMSCs in South Sudan operate with very little government oversight, as there is no specific ministry or independent body tasked with providing oversight to this industry.
It is a common practice in South Sudan to see SPLA soldiers and the police providing security for private banks and construction companies among others. It is alleged that the commanders or supervisors of such security officers receive lots of money from the private contracting authorities.
1) G4S, 2014, http://www.vanityfair.com/news/business/2014/04/g4s-global-security-company;
2) Dr. Sarah W. Case Study on Southern Sudan, pg 14, by Michon Motzourie: &quoute;Conference report on the involvement of the private security sector in humanitarian assistance operations in africa, accessed 14th Feb. 2015, http://psm.du.edu/media/documents/reports_and_stats/think_tanks/iss_conference_report_sept_2011.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: Numerous anecdotal stories related that it is common practice for some PSCs to employ 'moonlighting' SPLA soldiers and for senior SPLA officers to receive a generous cut of their pay.
Suggested score:
Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?
Researcher4126: There is no law on defence and security procurement in the Republic of South Sudan. The Procurement and Asset Disposal Bill, 2011 has been drafted and discussed by the NLA but not yet enacted.
While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
Monitoring and information tools are also lacking, as are resources and an adequate level of independence and authority to exercise their functions (2).
Response to government reviewer:
There are major weaknesses in all steps of the procurement process, identified in source 2. These structural weaknesses, plus the ambiguity over who controls defence procurement, preclude a higher score.
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: Procurement and MI departments do this.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
Researcher4126: There is no information available to the public on the procurement cycle in the MoDVA in South Sudan. According to media reports, the general procurement process in the MoDVA is regulated by the PIPDR, 2008. However, this regulation has also not been publicized. According to reports, the procurement system is completely non-transparent. Information on procurement operations is unavailable and an independent complaints mechanism is lacking.
While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
Monitoring and information tools are also lacking, as are resources and an adequate level of independence and authority to exercise their functions (2).
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 26thJjune 2014. http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014. http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
Researcher4126: While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
Monitoring and information tools are also reportedly lacking, as are resources and an adequate level of independence and authority to exercise their functions (2).
Response to government reviewer:
There are major weaknesses in all steps of the procurement process, identified in source 2. These structural weaknesses, plus the ambiguity over who controls defence procurement, preclude a higher score. There may be confidential information that suggests that this is not the case, but it is impossible to verify this without sources.
1) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014. http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
2) National Audit Chamber: The Report of the Auditor General on the Financial Statements of Government of Southern Sudan for the year ended 31st December 2008, 2012.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
4) “S. Sudan presidency warns finance officials over bribery”, Sudan Tribune, Wednesday 19 November 2014, accessed 14th Feb. 2015, http://www.sudantribune.com/spip.php?article53080 5) Public Financial Management and Accountability Act, 2011, section 7 pg. 5
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: No evidence to this. Shortcoming to level of transparency is there.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Are actual and potential defence purchases made public?
Researcher4126: There are media reports on defence procurement in South Sudan, but no official release of information. Media information usually lacks details and there is no official statement to explain the lack of details by the government. According to the 2012 audit report, the MoDVA also lacks an asset register.
As noted by peer reviewer 1, information on defence purchases are not made public, are not released as itemized lists, and are not available for public scrutiny. Many of the weapons in South Sudan are from former Soviet States and Iran, with the majority of arms falling into militants hands coming from arms left behind by South Sudan soldiers. Reportedly, South Sudan has procured $38 million (USD) worth of munitions from China. That said, total figures or information on the type of arms and supplies are unreported.
1) National Audit Chamber: The Report of the Auditor General on the Financial Statement of the Government of Southern Sudan for the year ended 31st December 2008, 2012.
2) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 26thJjune 2014. http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf
3) “South Sudan to improve air defences, says defence minister” Jeremy Binnie, London - IHS Jane's Defence Weekly
09 November 2014, accessed on 14th Feb. 2015, http://www.janes.com/article/45535/south-sudan-to-improve-air-defences-says-defence-minister
4) “Weapons Tracing in Sudan and South Sudan.” Human Security Baseline Assessment for Sudan and South Sudan, Small Arms Survey (2014). Accessed 24 March 2014, http://www.smallarmssurvey.org/about-us/highlights/highlights-2014/highlight-hsba-wp32.html.
5) “South Sudan Acquires More Weapons Amid Rebel Protests.” Sudan Tribune, 15 July 2014. Accessed 25 March 2015, http://www.sudantribune.com/spip.php?article51707
Opinion: Agree with Comments
Comment: Information on defence purchases are not made public, are not released as itemized lists, and are not available for public scrutiny. Many of the weapons in South Sudan are from former Soviet States and Iran, with the majority of arms falling into militants hands coming from arms left behind by South Sudan soldiers. Reportedly, South Sudan has procured $38 million (USD) worth of munitions from China. That said, total figures or information on the type of arms and supplies are unreported.
Sources:
“Weapons Tracing in Sudan and South Sudan.” Human Security Baseline Assessment for Sudan and South Sudan, Small Arms Survey (2014). Accessed 24 March 2014, http://www.smallarmssurvey.org/about-us/highlights/highlights-2014/highlight-hsba-wp32.html.
“South Sudan Acquires More Weapons Amid Rebel Protests.” Sudan Tribune, 15 July 2014. Accessed 25 March 2015, http://www.sudantribune.com/spip.php?article51707.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?
Researcher4126: There is no information to the public on the procedures and standards required of companies beyond the provisions in the Company Act, 2013 in order to be able to bid for work in the MoDVA in South Sudan. According to media reports, procurement in the MoDVA is mainly done through single sourcing (1).
Response to government reviewer:
There is no information available to the public about any requirement by the government on compliance to integrity by companies who bid for supplies to the MoDVA. It is also alleged that some of the business companies in the country are owned by army generals, including the president. In particular, it is alleged that President Salva Kiir is a major share holder in the ABC construction company that provides most of the technical road construction work in Juba (3). As such, it is most likely that bids are awarded based on political relations, but not company integrity
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
2) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html.
3) &quoute;President Kiir linked to multi-million dollar roads contracts: Radio Damazuj, 16 June, 2015, accessed 23rd September, 2015, https://radiotamazuj.org/en/article/special-investigation-president-kiir-linked-multi-million-dollar-roads-contracts
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This the main ethic of procurement work.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Are procurement requirements derived from an open, well-audited national defence and security strategy?
Researcher4126: There is no national security policy in South Sudan. The national security service bill was passed in October 2014 by the NLA; and it awaits assent by the president. There has been no separate audit of the accounts of the MoDVA. The regulations in the IPPDR which stipulate open competition as the preferred procurement modality, are not complied with; single sourcing is the prevalent modality. In such a situation, procurement in MoDVA is more likely opportunistic.
Response to government reviewer:
There is no information to the public on any other strategy guiding procurement in the country. According to media reports, procurement needs in the MoDVA are determined by army generals (4). More so, the expenditure of the security sector has increased remarkable to more than 40% of the total national budget in 2015. The SPLA has routinely overspent its annual budget and receives additional funds that lie outside the budget plan for the MoDVA. The SPLA also virtually provides no information on its budgetary allocations. It is also reported that interference by army generals ranges from re-allocating ministry funds to disguising military transactions.
Acquisition procedures are ad-hoc and marked by corruption, major cost overruns, inadequate paperwork, and a lack of transparency. In 2014, at least two major Chinese weapons shipments came to light only after an investigative journalist from Bloomberg acquired the bill of lading and other shipping documents that showed $38 million in automatic rifles, grenade launchers, ammunition, grenades, rockets, and anti-tank weapons systems being delivered between May and June 2014 (4). Score maintained.
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf
2) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2013, http://allafrica.com/stories/201406130066.html
3) National Audit Chamber: The Report of Auditor General on the Financial Statements of the Government of Southern Sudan for the year ended 31st December 2008, 2012. 4) Interim Public Procurement and Disposal Regulation, 2008.
4) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree with Comments
Comment: No clear procurement apparatus exists. Recently it was reported that South Sudan bought $38 million worth of munitions from China. Specifics on the types of goods, arms, etc, were unreported. Information is sometimes presented in total figures, but rarely given in specifics of how much is spent on specific goods, food-stuffs, or other tools.
Source:
“South Sudan Acquires More Weapons Amid Rebel Protests.” Sudan Tribune, 15 July 2014. Accessed 25 March 2015, http://www.sudantribune.com/spip.php?article51707.
Suggested score:
Opinion: Disagree
Comment: This is the rules and ethics for procurement in the SPLA.
Suggested score: 4
Opinion: Agree with Comments
Comment: The National Security Strategy was under development from 2012-13 and had reached a mature stage by late 2013 prior to the breakout of the current round of conflict. Sadly I suspect it will have been much overtaken by events.
Suggested score:
Are defence purchases based on clearly identified and quantified requirements?
Researcher4126: Purchases in the MoDVA are not based on clearly identified and quantifiable requirements in South Sudan. While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
Monitoring and information tools are also lacking, as are resources and an adequate level of independence and authority to exercise their functions (2). There is no information to the public on any other strategy guiding procurement in the country. According to media reports, procurement needs in the MoDVA are determined by army generals (4). More so, the expenditure of the security sector has increased remarkable to more than 40% of the total national budget in 2015. The SPLA has routinely overspent its annual budget and receives additional funds that lie outside the budget plan for the MoDVA. The SPLA also virtually provides no information on its budgetary allocations. It is also reported that interference by army generals ranges from re-allocating ministry funds to disguising military transactions.
Acquisition procedures are ad-hoc and marked by corruption, major cost overruns, inadequate paperwork, and a lack of transparency. In 2014, at least two major Chinese weapons shipments came to light only after an investigative journalist from Bloomberg acquired the bill of lading and other shipping documents that showed $38 million in automatic rifles, grenade launchers, ammunition, grenades, rockets, and anti-tank weapons systems being delivered between May and June 2014 (4).
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf;
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
4) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This sometimes happens.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
Researcher4126: According to media reports, the regulations in the IPPDR, which stipulates open competition as the preferred procurement modality, are not complied with; single sourcing is the prevalent modality in the MoDVA in South Sudan (1).
Acquisition procedures are ad-hoc and marked by corruption, major cost overruns, inadequate paperwork, and a lack of transparency. In 2014, at least two major Chinese weapons shipments came to light only after an investigative journalist from Bloomberg acquired shipping documents that showed $38 million in automatic rifles, grenade launchers, ammunition, grenades, rockets, and anti-tank weapons systems being delivered between May and June 2014 (4).
In addition, while there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
4) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This sometime happens.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
Researcher4126: There are both national and local government tender boards in South Sudan. However, there is no information to the public on codes of conduct for tender boards, or whether tender boards operate for defence procurement.
According to media reports, The regulations in the IPPDR, which stipulate open competition as the preferred procurement modality, are not complied with; single sourcing is the prevalent modality (1).
There is no information available to the public as to whether tender boards in the country are subject to audit. The accounts of the government has so far been audited once covering the period 2005-2008. There is no information to the public as to whether the audit included the tender boards. However, it is alleged that the tendering process in the MoDVA and all other government ministries lacks transparency. it is alleged that purchases and contracts are regularly awarded without adequate bidding procedures, to well-connected companies, at inflated prices and with minimal documentation and oversight (3).
1)“Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 26th June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf; audit report 2012 (2005-2008), pg. 237;
2) National Audit Chamber: The Report of Auditor General on the Financial Statements of the Government of Southern Sudan for the Financial year ended 31st December 2008. 3) Public Financial Management and Accountability Act, 2011.
3) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This sometimes happens.
Suggested score: 3
Opinion: Agree
Comment:
Suggested score:
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
Researcher4126: There is no information available to the public on any legislation that outlaws collusion between bidders in South Sudan. According to media reports, the IPPDR 2008 that regulates procurement has a significant level of weaknesses. The system is completely nontransparent: information on procurement is unavailable and an independent complaints mechanism is lacking.
While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
Monitoring and information tools are also lacking, as are resources and an adequate level of independence and authority to exercise their functions (2).
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, 23rd June 2014. http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
4) The Interim Public Procurement and Disposal Regulations, 2006.
Opinion: Agree with Comments
Comment: No information on collusion is readily available through media reports. That said, China's recent involvement in selling arms and munitions to South Sudan worth $38 million comes in tandem with various oil development interests. This in itself implies that China's interests and partnership with the government of South Sudan is focused on maintaining state and regime stability, as violence has been centered on oil-rich areas. For arms sales and procurement, economic interests may carry more weight than potential collusion or illicit trade.
Source:
&quoute;South Sudan Acquires More Weapons Amid Rebel Protests.” Sudan Tribune, 15 July 2014. Accessed 25 March 2015, http://www.sudantribune.com/spip.php?article51707.
“Violence in South Sudan Threatens Chinese Oil Investment.” Oil Price, 18 December 2014. Accessed 20 March 2015, http://oilprice.com/Energy/Crude-Oil/Violence-In-South-Sudan-Threatens-Chinese-Oil-Investment.html.
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?
Researcher4126: According to media reports, the finance unit in the MoDVA is staffed with uniformed men who lack the required capacity (see 2012 audit report).
While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
Monitoring and information tools are also lacking, as are resources and an adequate level of independence and authority to exercise their functions (2). It does not appear that the PPU has a department specifically for defence.
Response to peer and government reviewer:
It is alleged that procurement in the MoDVA is influenced by army generals (3). During the 2012 audit, it was also found that an invoice of SSP 1.8 million, or US$630,000, was allocated to purchase water tanks for the Ministry of Finance, but the letter of authorization to settle the invoice stated its purpose was to provide transport services to SPLA units. This demonstrates a significant level of undue influence from the above in the MoDVA, as well as little control or oversight of defence contractors by procurement staff. Score maintained.
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf;
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
4) National audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of Southern Sudan for the year ended 31st December 2008, 2012.
Opinion: Agree with Comments
Comment: Minister Nhial's influence on purchasing military vehicles from various Middle eastern countries amounted to $16.2 million. He reportedly between 2008-2011 misappropriated up to $205 million from defence budgets, with $155 million being placed into 'secret' accounts for himself and other government officials.
Source:
Nyol, J. Nguen. “Another $227 Million Dollars Scandal Involving South Sudan’s Chief Negotiator Nhial Deng Nhial and Elder Son of the South Sudan Central Bank Governor.” South Sudan News Agency, 12 June 2014. Accessed 25 March 2015, http://www.southsudannewsagency.com/opinion/editorials/millions-dollars-scandal-involving-nhial-deng-nhial.
Suggested score:
Opinion: Disagree
Comment: This is happening.
Suggested score: 4
Opinion: Disagree
Comment: I worked closely with the MOD procurement directorate from 2012-13 and there were some good calibre staff there who were becoming increasingly proficient at their jobs, including civil servants. They had received some training and mentoring support and in my experience did take care to ensure defence contractors met their obligations.
Suggested score: 1
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
Researcher4126: While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). Monitoring and information tools are also lacking, as are resources and an adequate level of independence and authority to exercise their functions (2).
While the IPPDR provides a complaints handling procedure with time-frames (albeit long time-frames) through the head of the procuring entity and the PPU, in practice no complaints are filed. Trust in the complaints handling mechanism is likely to be very low, as the mechanism has little transparency. There are, however, no recent public reports of companies complaining about being disadvantaged in procurement.
As peer reviewer 2 reports, there were a number of instances in the past where defence contractors had complained about lack of payment, or delayed/partial payment by the MOD /SPLA. In 2013 the MOD became very conscious of the reputation damage this caused and the risks that these contractors would not work with them again. The Minister of Defence was personally engaged in the issue and raised it with the President as one of his top 100 day priorities on assuming office in late 2013.
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) World Bank. 2013. South Sudan Procurement Assessment Report (SSPAR). Washington DC; World Bank. Accessed 9th Sept. 2015, http://documents.worldbank.org/curated/en/2013/06/17953124/south-sudan-country-integrated-fiduciary-assessment-vol-3-3-south-sudan-procurement-assessment-report-sspar
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: No complaints as such ever received.
Suggested score:
Opinion: Agree with Comments
Comment: I was aware of a number of instances where defence contractors had complained about lack of payment, or delayed/partial payment by the MOD /SPLA - in some instances this dated back over 5 years. In 2013 the MOD was very conscious of the reputational damage this caused and the risks that these contractors would not work with them again. The Minister of Defence was personally engaged in the issue and raised it with the President as one of his top 100 day priorities on assuming office in late 2013.
Suggested score:
What sanctions are used to punish the corrupt activities of a supplier?
Researcher4126: There is no information to the public of any sanctions handed out to corrupt suppliers of MoDVA in South Sudan.
Outside of defence, the Public Interim Procurement and Disposal Regulations of Southern Sudan provides for sanctions on corrupt suppliers to the government among which include cancellation of bids, prosecution and dismissal of the company from participating in future tenders. Similar provisions are also provided in the Public Procurement and Disposal Bill, 2011.
However, according to reports, the government has done nothing to punish companies involved in substandard work. For instance, it is alleged that thousands of dollars was paid to the ABC Company linked to President Salvar Kiir for road construction in Juba. It is argued that the amount of money paid to ABC does not amount to the work already done.
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf;
2) National Audit Chamber: The Report of the Auditor General on the Financial Statements of the Government of South Sudan for the year ended 31st August 2008, 2012.
3) “S Sudanese readers angry about corruption”: Radio Tamazuj, 20 Jun.2015, accessed 9th Sept. 2015, https://radiotamazuj.org/en/article/s-sudanese-readers-angry-about-corruption
4) PIPDR, of Southern Sudan, 2003
5) Public Procurement and Disposal Bill, 2011
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree with Comments
Comment: Sadly I fear the punishment for serious malpractice by a defence supplier might be for the SPLA to mete out informal justice outside of the legal system.
Suggested score:
When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?
Researcher4126: There is no information available to the public on offset contracts in South Sudan. According to reports, the accounts of the MoDVA have not been audited, except for the joint audit of government accounts for the period 2005-2008, which also lacks information on offset budget. The procurement system in the MoDVA is not transparent: information on procurement operations is unavailable.
While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
Monitoring and information tools are also lacking, as are resources and an adequate level of independence and authority to exercise their functions (2).
It does not seem likely, given the lack of defence procurement legislation and taking into account the weaknesses of the PPU, that the government imposes due diligence or auditing requirements on offset contracts.
Response to government reviewer:
I could find no evidence to suggest that the government imposes stringent due diligence requirements on contractors during offset contract negotiations, and follows up on offset contract performance with audits. Nor could I establish that specific attention is paid to ensuring integrity as a part of this action. Score maintained.
1) National Audit Audit Chamber: The Report of Auditor General on the Financial Statements of the Government of South Sudan for the year ended 31st December 2008, 2012.
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
4) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: This is how it is done in my government MoDVA.
Suggested score: 4
Opinion: Agree with Comments
Comment: I strongly suspect that offsets are just a vehicle for corruption by officials in South Sudan. I'm not aware of any instances of a genuine offset programme that derived benefits for the local economy.
Suggested score:
Does the government make public the details of offset programmes, contracts, and performance?
Researcher4126: There is no information to the public on the details of offset programs in South Sudan. Basic information on general procurement or contracts is also not public. There are media reports on defence procurement in South Sudan, but no official release of information. Media information usually lacks details and there is no official statement to explain the lack of details by the government. According to the 2012 audit report, the MoDVA also lacks an asset register.
As noted by peer reviewer 1, information on defence purchases are not made public, are not released as itemized lists, and are not available for public scrutiny. Many of the weapons in South Sudan are from former Soviet States and Iran, with the majority of arms falling into militants hands coming from arms left behind by South Sudan soldiers. Reportedly, South Sudan has procured $38 million (USD) worth of munitions from China. That said, total figures or information on the type of arms and supplies are unreported.
It is therefore not surprising that details of offset programs are also not released to the public for scrutiny.
Response to government reviewer:
I could find no evidence to support your statement that details of offset programs, contracts, and performance are made public. Score maintained.
1) National Audit Audit Chamber: The Report of Auditor General on the Financial Statements of the Government of South Sudan for the year ended 31st December 2008, 2012.
2) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
Opinion: Agree with Comments
Comment: Information on defence purchases are not made public, are not released as itemized lists, and are not available for public scrutiny. Many of the weapons in South Sudan are from former Soviet States and Iran, with the majority of arms falling into militants hands coming from arms left behind by South Sudan soldiers. Reportedly, South Sudan has procured $38 million (USD) worth of munitions from China. That said, total figures or information on the type of arms and supplies are unreported.
Suggested score:
Opinion: Disagree
Comment: This is usually done when it happens.
Suggested score: 4
Opinion: Agree
Comment:
Suggested score:
Are offset contracts subject to the same level of competition regulation as the main contract?
Researcher4126: There is no information available to the public on offset contracts in South Sudan. However, as the levels of competition are reportedly extremely low in all government procurement, particularly defence, it does not seem likely that offset contracts are competitive.
According to media reports, the regulations in the IPPDR, which stipulates open competition as the preferred procurement modality, are not complied with; single sourcing is the prevalent modality in the MoDVA in South Sudan (1).
Acquisition procedures are ad-hoc and marked by corruption, major cost overruns, inadequate paperwork, and a lack of transparency. In 2014, at least two major Chinese weapons shipments came to light only after an investigative journalist from Bloomberg acquired shipping documents that showed $38 million in automatic rifles, grenade launchers, ammunition, grenades, rockets, and anti-tank weapons systems being delivered between May and June 2014 (4).
In addition, while there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
4) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?
Researcher4126: There is no information available to the public on the control measures imposed by the government on companies on the use of agents or intermediaries in the procurement cycle.
However, it seems likely that senior government officers act as agents or intermediaries of some companies. For instance, while there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (2). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (3).
As peer reviewer 1 notes, China and Middle Eastern nations are supplying arms and supplies to South Sudan's military. A total amount of $38 million (USD) is reported for arms sold from China to South Sudan. These total figures are seldomly made available to the media, and no clear procurement cycle or specific companies, intermediaries, or vetting processes are made available in these reports.
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
2) “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
3) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
4) “South Sudan Acquires More Weapons Amid Rebel Protests.” Sudan Tribune, 15 July 2014. Accessed 25 March 2015, http://www.sudantribune.com/spip.php?article51707.
Opinion: Agree with Comments
Comment: Through media reports, it seems that it has been made publicly available that China and Middle Eastern nations are supplying arms and supplies to South Sudan's military. A total amount of $38 million (USD) is reported for arms sold from China to South Sudan. These total figures are seldomly made available to the media, and no clear procurement cycle or specific companies, intermediaries, or vetting processes are made available in these reports.
Sources:
“South Sudan Acquires More Weapons Amid Rebel Protests.” Sudan Tribune, 15 July 2014. Accessed 25 March 2015, http://www.sudantribune.com/spip.php?article51707.
Nyol, J. Nguen. “Another $227 Million Dollars Scandal Involving South Sudan’s Chief Negotiator Nhial Deng Nhial and Elder Son of the South Sudan Central Bank Governor.” South Sudan News Agency, 12 June 2014. Accessed 25 March 2015, http://www.southsudannewsagency.com/opinion/editorials/millions-dollars-scandal-involving-nhial-deng-nhial.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
Researcher4126: There is no information available to the public on the financing package for arms deals in South Sudan. More generally, there is no official release of information on arms deals at all.
As noted by peer reviewer 1, information on defence purchases are not made public, are not released as itemized lists, and are not available for public scrutiny. Many of the weapons in South Sudan are from former Soviet States and Iran, with the majority of arms falling into militants hands coming from arms left behind by South Sudan soldiers. Reportedly, South Sudan has procured $38 million (USD) worth of munitions from China. That said, total figures or information on the type of arms and supplies are unreported.
1) “Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf.
Opinion: Agree with Comments
Comment: Only after deals are made are they occasionally presented to the public, like the recent acquisition of $38 million worth of arms and munitions from China. No information is made available for public scrutiny as deals are negotiated.
Source:
“South Sudan Acquires More Weapons Amid Rebel Protests.” Sudan Tribune, 15 July 2014. Accessed 25 March 2015, http://www.sudantribune.com/spip.php?article51707.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?
Researcher4126: There is no information available to the public on the government's stance on corruption for subsidiaries and sub-contractors in the MoDVA in South Sudan. There is a general lack of transparency surrounding the procurement process, and considerable evidence of procurement procedures being bypassed.
While there is a Procurement Policy Unit (PPU) in the MoFEP which is legally mandated to provide procurement oversight to the MoDVA in South Sudan, there is a reported lack of unambiguous legislative and regulatory framework establishing and assigning functions and procedures (1). It is not clear to what extent the PPU has actual control over defence procurement. For instance there are accusations of defence ministers procuring army vehicles through single sourcing against the advice of the MoFEP (4).
There is also no information to suggest that the government informally encourages anti-corruption programs among contractors, but the lack of anti-corruption controls on procurement more generally suggest that this is not in place.
Response to government reviewer:
I could find no evidence to suggest that the government requires the main contractor to ensure that its subsidiaries and sub-contractors adopt anti-corruption programmes. Score maintained.
1. “Public finance reform in South Sudan: What needs to be done?” EMBASSY OF THE REPUBLIC OF SOUTH SUDAN NEW DELHI – INDIA, April 15, 2013, accessed 26th June 2014, http://embassysouthsudandelhi.org/public-finance-reform-in-south-sudan-what-needs-to-be-done.
2)“Republic of South Sudan: Country Integrated Fiduciary Assessment Southern Sudan- Report No: ACS2880.” AFTME AFRICA, June 2012, accessed 23rd June 2014, http://www-wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2013/07/01/000442464_20130701105343/Rendered/PDF/ACS28800v10ESW0C0disclosed060270130.pdf
3) The Nexus of Corruption and Conflict in South Sudan: July 2015, accessed 30th August, 2015, https://cdn.thesentry.org/wp-content/uploads/2015/08/06131651/NexusCorruptionConflict_SouthSudan.pdf
4) J. Nguen Nyol, “South Sudan: Another U.S. $227 Million Dollars Scandal Involving South Sudan's Chief Negotiator Nhial Deng Nhial.” allAfrica, South Sudan Agency News, 12 June 2014, accessed 23rd June 2014, http://allafrica.com/stories/201406130066.html;
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Disagree
Comment: This is done to ensure that contractors don't do corrupt activities.
Suggested score: 4
Opinion: Agree with Comments
Comment: I suspect that much defence procurement is deliberately pursued with countries and companies that do not worry too much about taking a stand on corruption as this provides scope for back-handers and bribes.
Suggested score:
How common is it for defence acquisition decisions to be based on political influence by selling nations?
Researcher4126: The government of south Sudan has on some occasions justified purchases of arms based on the country's continual stand-off with Sudan over the pending issues in the CPA and other security concerns (1).
However, according to media reports, the recent arms deal between the government of South Sudan and the Ugandan and Chinese governments all significantly politically motivated (2, 3). According to available reports, because of the political and economic interests of both Uganda and China in South Sudan, both countries have exhibited double standards (supplying arms and supporting the peace process) in the on-going IGAD peace initiated process in Addis-Ababa in Ethiopia (4).
Response to peer reviewer 2:
According to media reports, military acquisition or procurement is still driven by the SPLA’s recent history as a guerilla army and the continuing political violence in the country. Acquisition procedures are ad-hoc and marked by corruption, major cost overruns, inadequate paperwork, and a lack of transparency. It is reported that in 2014, at least two major Chinese weapons shipments came to light only after an investigative journalist from Bloomberg acquired shipping documents that showed $38 million in automatic rifles, grenade launchers, ammunition, grenades, rockets, and anti-tank weapons systems being delivered. More so, China has also been accused of interference in the on-going war. The bulk of evidence suggests that purchases are driven by political influence by seller nations. Score maintained.
1) Human Security Baseline Assessment: Small Arms Survey, Sudan: Issue Brief Number 19 April 2.
2) “Rebels slam China’s conflicting roles in South Sudan”, Sudan Tribune, Saturday 19 July 2014, accessed 15th Feb. 2015, http://www.sudantribune.com/spip.php?article51741;
3) “Africa's arms dump': following the trail of bullets in the Sudans”, the Guardians, 2nd October 2014, accessed 15th Feb. 2015, http://www.theguardian.com/world/2014/oct/02/-sp-africa-arms-dump-south-sudan
4) “South Sudan and Uganda sign military cooperation deal”, Sudan Tribune, October 14, accessed 15th Feb. 2015, http://www.sudantribune.com/spip.php?article52727
Opinion: Agree with Comments
Comment: Political motivations and economic interests drive military support and arms sales. Such is the case with China's role in oil development and arms sales for South Sudan. China's focus is on maintaining regime and state stability so it can protect oil investments, with the recent conflicts this has propelled them to sell arms to South Sudan in an effort to bolster stability.
Source:
“South Sudan Acquires More Weapons Amid Rebel Protests.” Sudan Tribune, 15 July 2014. Accessed 25 March 2015, http://www.sudantribune.com/spip.php?article51707.
“Violence in South Sudan Threatens Chinese Oil Investment.” Oil Price, 18 December 2014. Accessed 20 March 2015, http://oilprice.com/Energy/Crude-Oil/Violence-In-South-Sudan-Threatens-Chinese-Oil-Investment.html.
Suggested score:
Opinion: Not Qualified
Comment:
Suggested score:
Opinion: Disagree
Comment: It is worth noting that nearly all procurement is for basic logistic supplies - food, fuel etc which can be sourced most cheaply from regional suppliers. In such instances the primary considerations will be cost and reliability of supply. For major procurement decisions, political considerations will play a bigger role.
Suggested score: 2
Researcher4126: There are few formal provisions for effective and independent legislative scrutiny of the policy of Ministry of defence and Veteran Affairs (MoDVA) in South Sudan which include article 57 in the Transitional Constitution of Republic of South Sudan (TCRSS), 2011 that mandates the National Legislative Assembly (NLA) to summon the MoDVA to answer questions on defence. Section 14 (9) of the SPLA Act, 2009, also obliges the commander in chief to consult the NLA during state of emergency. Others include the PFMA Act, 2011 that mandates the NLA to scrutinize the accounts of the MoDVA, the enactment of SPLA Act, 2009, audit of MoDVA accounts (as part of the 2005-2008 audit) and deliberation of MoDVA budgets (as part of the national budgets), which constitute some evidence of scrutiny of defence policy by the NLA in South Sudan. It is unclear whether or not the legislature can veto policy. The revised 2005 Constitution of South Sudan gives expansive powers to the President, including powers to dissolve parliament and state assemblies.
There is a general concern on the effectiveness of the NLA to veto crucial decisions of defence. According to media reports, the president threatened to dissolve the NLA if they had refused to approve the appointment of the incumbent vice president. The President also appointed the incumbent legal advisor (also serving as head of government delegation in the peace negotiation in Addis Ababa in Ethiopia) amidst protest from the NLA. In 2008, the NLA was not involved in developing the SPLA defence White Paper, showing that defence policy is not actively debated. As such, some section of South Sudanese elites view the NLA as a rubber stamp to the commander in chief and the military.
It should be noted that the NLA of South Sudan was constituted by presidential decree after the independence of South Sudan in July 2011. It is therefore constituted by members of parliament from southern Sudan during the interim period of the national government of Sudan and the then legislative assembly of the semi-autonomous government of Southern Sudan. Subsequently, the first legislature that consists of true elected representatives of the people of south Sudan are still to be elected, although plans for national elections were derailed by the outbreak of civil war. This explains why some sections of south Sudanese society do not readily associate themselves with the current NLA. Freedom House reports suggest that the Sudan People’s Liberation Army (SPLA) heavily influences politics of South Sudan.