Guest Post: “Fixing Mali: Accountability a Prerequisite”

(Today’s guest post comes from Jamie Pleydell-Bouverie, an MA Candidate [graduating this week!] at the School of Advanced International Studies at Johns Hopkins University. The post addresses challenges of accountability in crisis-torn Mali. The author’s views are not identical to mine; I disagree with the idea of ruling out amnesty for participants in the conflict, for example. But I find his arguments thought-provoking and the issue is a timely one. Please share any thoughts in the comments section. – Alex)

As Mali gears up for elections in July amidst the phased French withdrawal that is currently underway, the next three months seem to be the overriding focus of policymakers, commentators and stakeholders. This is understandable. Mali is at a crucial juncture as it tries to consolidate French military success, provide security, re-establish constitutional order and deal with a plethora of humanitarian issues. But any sustainable fix to Mali’s multifarious crisis will have to address its root causes.

Of these, one of the most important – yet sometimes overlooked – is Mali’s longstanding history of impunity. In the North, painful memories of unpunished crimes from previous conflicts have shaped the collective consciousness of people who feel ostracized and neglected by the central government. Mali is a prime example of the power that memories of unpunished crimes have to resurface and rekindle conflict. Stories of massacres that were never investigated in the 1963 rebellion and crimes that were never redressed in the 1990s rebellion have been passed down to a new generation of fighters (see ICG’s 2012 report Avoiding Escalation). Cyclical conflict will likely continue in Mali if the cycle of impunity is not broken. It is crucial, therefore, that there is a meaningful effort to investigate instances of abuse that have occurred and hold perpetrators accountable.

Since the onset of Mali’s crisis in October 2011, serious abuses have been committed by Islamist groups (AQIM, MUJAO and Ansar Dine), the MNLA, and Malian forces. Abuses by Islamist groups include beatings, floggings and arbitrary detentions against those engaged in behaviour deemed to be “haram” or forbidden. Limb amputations and executions have been meted out as punishment, unique cultural and religious heritage has been systematically destroyed, and the Islamists’ use of child soldiers has been prolific. The summary execution of an estimated 70 Malian soldiers in the town of Aguelhoc – the “single most serious crime of this conflict” according to Human Rights Watch – was reportedly carried out by Islamists, possibly members of AQIM. Extensive abuses by the MNLA and Arab militias have also been documented, including pillaging, sexual abuse and the use of child soldiers.

Countless abuses by the Malian army have been recorded as well. Following Captain Sanogo’s coup on March 22 2012, effective command and control of the security services seriously deteriorated. Numerous instances of torture and forced disappearances were documented, particularly against “red beret” soldiers who were allegedly implicated in the counter-coup attempt on April 30. The execution of 16 Islamic preachers on their way to a religious conference in Bamako on September 8 is amongst the more shocking abuses carried out by the military. More recently, retaliatory violence by government troops in the north has surged.

Bringing Mali’s well-established culture of impunity to a close will be essential for the attainment of sustainable peace. It is particularly important that accountability applies to members of the security forces, including senior figures such as Captain Sanogo, who has been implicated by some NGOs in torture and enforced disappearances. There are some encouraging signs. Six soldiers were recently recalled to Bamako from Timbuktu following the disappearance of several civilians. These soldiers are due to stand before a Military Tribunal, which will be a first in Mali’s history. But if Mali is to break its cycle of impunity, this cannot remain an exception to the rule. Accountability must become the rule.

Any temptation to consider offering an amnesty for serious crimes in the name of reconciliation must be avoided. Reconciliation and justice are not antithetical concepts: Justice is a path to reconciliation. Indeed, the effective work of Mali’s National Dialogue and Reconciliation Commission – led by Mali’s former Minister of Defence, Mohamed Salia Sokona – will depend on the administration of even-handed justice. This, in turn, will require strengthening Mali’s key institutions – such as the judiciary, the police and army – which have long failed to be effective guarantors of the rule of law. Mali is in desperate need of institutions that can provide security and redress, which makes the task of dismantling Mali’s architecture of impunity more a project of construction than destruction.

The need for thinking and acting in multiple time horizons is essential. When countries are in crisis, policymaking is too often overtaken by events, meaning that longer term goals get ignored or put on hold. This must not happen in Mali. If those factors that gave rise to Mali’s crisis – including its deep-seated culture of impunity – are not addressed, then Mali will still be a sad example of cyclical conflict in years to come.

Akhdari: A Jurisprudential Text Used in Northern Nigeria

In Northern Nigeria, many Muslims seek religious instruction to learn about the tenets and practices of their faith. In the “traditional” curriculum (the word “tradition” can be problematic, for example if it implies that systems are static, but I use it as a placeholder sometimes), Muslim children and young adults begin by memorizing part or all of the Qur’an. They typically move next into a series of jurisprudential texts from the Maliki School, one of the four main legal schools in Sunni Islam. The Maliki School is widespread in North and West Africa and takes its name from Imam Malik ibn Anas (d. 795), who lived in Medina and was one of the Successors of the Successors (i.e., the third generation of Muslims).

The Maliki texts that many Northern Nigerian Muslims read are summaries or manuals. They focus on issues like the details of how to perform ablutions before prayer. These texts, in the sequence they are typically read, progress in complexity and length. The first Maliki text in the “traditional” sequence is called Mukhtasar al Akhdari fi al ‘Ibadat ‘ala Madhhab al Imam Malik (Arabic: Akhdari’s Summary of Worship Practices According to the Legal School of Imam Malik). It was authored by Shaykh ‘Abd al Rahman al Akhdari (d. 1585). The text is known as Akhdari for short. The version here (Arabic, .pdf) is 19 pages, which may seem short – fitting for an introductory text, though I hope you will keep in mind that students would typically read this text together with a teacher, and that the text might spur conversations, meaning that the total time to study and master the text might be longer than its page length would lead one to expect.

Akhdari opens with an introductory section on faith and ethical behavior, before moving through the following sections: (a) purity; (b) ablutions with sand; (c) menstruation; (d) childbirth; (e) times of prayer; (f) conditions of prayer; and (g) negligence (i.e., during prayer). Akhdari focuses on prayer, in other words, as a core ritual duty of the individual.

I hope this short treatment of Akhdari has provided some background on what many Northern Nigerian Muslims read. In the media and even in academia, we hear a lot of ideological chatter about what such texts mean – “these texts represent rote memorization and the evils of the ‘madrasa’ system” or “these texts represent a living tradition that evil modernists have scorned.” My aim here is not to engage that ideological chatter, but simply to give you a snapshot into what these kinds of texts are about.

South Sudan: Basic Information on David Yauyau’s Rebel Movement

The rebellion led by David Yauyau in South Sudan’s Jonglei State has attracted some press coverage lately; here I’ll try to provide some background sources about Yauyau and his movement, as well as some key dates. Yauyau has rebelled twice – from May 2010 to June 2011, and from April 2012 to the present. Small Arms Survey published a backgrounder (.pdf) in 2011 on the first rebellion. The backgrounder analyzes the rebellion partly in terms of internal politics within the Murle community, to which Yauyau belongs. Reports by the Sudan Tribune (April 2012) and Reuters (September 2012) offer information on the second rebellion and its place within the broader constellation of rebel movements South Sudan faces. From the Reuters story:

Yau Yau, thought to have limited military experience, first rebelled in May 2010 after standing as an independent candidate in the state’s parliamentary election for the Gumuruk-Boma constituency. He lost to the SPLM [Sudan People's Liberation Movement, the ruling party in South Sudan] candidate by a big margin.

During his first revolt, he gained support amongst the youth because he was seen as a champion of Murle interests. But he also lost backing when he accepted a South Sudan government amnesty in June 2011, allegedly in exchange for a house, cars and cash, according to Murle involved in the negotiations.

He defected to Khartoum in April while supposedly being treated in a Kenyan hospital, and later went back to Jonglei with 19 men, arriving in July, Murle leader Konyi said.

According to a radio station called Radio Yau Yau, which the Juba government believes is broadcasting from Khartoum, his rebels are fighting in reaction to abuses committed during the disarmament program, especially the rape of Murle women.

VOA has more on Yauyau’s recruitment among Murle youth in the wake of government disarmament campaigns in Jonglei State in March 2012.

In April of this year, continued attacks by the rebels seemed to indicate that they were rejecting a government offer of amnesty. In an interview with VOA this week, Yauyau said that the rebels want the government to create a new state for minority ethnic groups like the Murle:

“This time around, we are fighting for the people of South Sudan, the minority communities like the Murle and the others…They don’t have a voice… they don’t have rights to live in the land. We don’t have a voice in the government. We are struggling together with them and we’ve lost some of our sons.”

Here are the dates of some battles between Yauyau’s forces and the SPLM’s Army, the SPLA:

Somalia, Mali, and the Weakness of Analogical Thinking

NPR, in March, wrote the headline, “Western Money, African Boots: A Formula For Africa’s Conflicts.” Somalia’s “success,” the piece suggested, could be replicated in places like Mali. Bloomberg, over the weekend, made the same argument: “To Stabilize Mali, Look to Somalia’s Lessons.” From the piece:

Mali is like Somalia in that, in both places, Muslim extremists took advantage of political turmoil to seize large areas of the country. In each case, African countries agreed to send soldiers to neutralize the threat — a way around Western reluctance to commit troops to far-off places, and a local solution more likely to be acceptable to African populations. Yet the forces largely floundered when left to their own resources.

Other examples of this kind of thinking are legion.

I’ve criticized the Mali-Somalia analogy, as well as the idea of Somalia as a “success story,” here. I will add this: beyond whatever merits the analogy may have, the way in which people make it, their seeming lack of awareness or concern or curiosity about the limits of the analogy, bothers me. Does the presence of “Muslim extremists,” “political turmoil,” “African forces,” and “Western funds” establish a fundamental similarity between two places? Are the separatist movements of Mali essentially similar to those of Somalia? Are the histories of these two countries, particularly over the last twenty years, alike? Is the situation in Bamako now comparable to the situation in Mogadishu? The answer to all these questions, in my view, is no.

I do not see what is to be gained, from a policy perspective, by eliding the differences between Mali and Somalia. Yes, there are Western-funded African forces in both places. But each country seeks, and needs, political solutions that respond to its own particular histories and dynamics (Peter Tinti’s writing on Mali is relevant here). If Somalia’s “model” offers Mali anything, it is grounds for caution:

  1. The length of time it took to reconquer territory
  2. The fragility of political progress
  3. The persistence of problematic center-provincial relations (see here for a grim take on struggles over Somalia’s Jubaland)
  4. Problems with payment and funding 

Etc.

Mali is preparing for elections that will likely prove highly problematic. Mali faces a massive crisis of refugees and internally displaced persons. Mali confronts a lingering guerrilla conflict in the north. Mali is struggling to determine who will rule reconquered northern territories, and what place the separatist National Movement for the Liberation of the Azawad will have in northern Mali’s future (see Reuters on Kidal). Amid these challenges, more attention to the specificity of Mali’s problems would bring greater benefit than than more casually drawn analogies between Mali and Somalia.

Information on Niger’s Food Crisis

Via Reuters, the United Nations’ Office for the Coordination of Humanitarian Affairs (view the latest Niger report here, in French .pdf – I could not find the English version) says that around 800,000 people in Niger will need food aid between now and the summer. Niger faces cyclical food crises – famines in 2005 and 2011 were particularly bad – meaning that the challenges are both short- and long-term. This year, elevated cereals prices and Malian refugees are contributing to the crisis. From Reuters:

[OCHA] cited problems with supplying food to markets in some areas, such as the northern mining regixon of Arlit and Tahoua in central Niger and Tillabery in the west, which had driven up cereals prices.

Recurrent shortages in recent years have forced pastoralists to sell livestock, including valuable young females normally kept for breeding, reducing their resistance to food shocks.

The presence of some 60,000 refugees from Mali – where a French-led international mission has battled Islamist rebels since January – has exacerbated the food shortages in Tillabery [map] and Tahoua [map], OCHA has said.

The Famine Early Warning System Network’s Food Security Outlook (.pdf) for Niger gives further detail on the rise in cereals prices. From p. 1:

Increasing millet and maize prices, already well above average in April, will overshoot seasonal norms between now and the height of the lean season and the end of
Ramadan in late August due to market disruptions
triggered by last year’s floods in Nigeria. Central and
Eastern Niger will be most affected.

P. 7 of FEWS Net’s outlook, which lists factors that could affect food security, is worth reading. Notably, they list the elections in Mali (scheduled for July) and conflict in Nigeria as possible risks.

The World Food Programme has more (.pdf). An important paragraph from p. 2:

Close monitoring of food markets and the food security situation is necessary. There are indications of recent decreases in the terms of trade of pastoralists. In March, the terms of trade between goat and millet reached alert levels with a goat trading for much less than 100 kg of millet, a threshold indicative of inadequate purchasing power for pastoralists.

Available casual labour opportunities and incomes
generated by cash crops (horticulture and onions) so
far contain the deterioration of the purchasing power
among other livelihood groups. As the lean season
reaches its peak in July-September, further increases
in cereal prices will reduce vulnerable households’
economic access to food.

As far as the solutions that Niger and various aid agencies are seeking, readers may find the following resources helpful:

  • IRIN on President Mahamadou Issoufou’s $2 billion Nigeriens Feeding Nigeriens initiative.
  • WFP on Norway’s donations.

Africa Blog Roundup: Algeria, Somalia, Michel Djotodia, South Sudan, and More

The Moor Next Door: “Comments on Algeria.”

Baobab has a video analysis of the London conference on Somalia.

Missed this during my hiatus in April, but it’s still relevant: Louisa Lombard‘s biography of Michel Djotodia, the rebel-turned-leader of the Central African Republic.

Amb. John Campbell: “What Next for Nigeria’s Oil Patch?”

Dibussi Tande: “President [Paul] Biya [of Cameroon] Appoints Thirty Senators.”

Roving Bandit: “So What Exactly Just Happened to the Economy of South Sudan?”

Via Amb. David Shinn, the Spring 2013 bulletin of the Sudan Studies Association (.pdf).