Archive for: February 2016

CO-WIVES REUNITED: A metaphorical description of SPLM/A’s factions reunification

“Now that you are reunited, as women do, you need to cry louder, laugh happily, hug and kiss – although, altogether your tears will be of crocodile, and your love, sugar-coated. Get back to your feet with your cunning and con us once again – this is what fate has subjected us to, a new form of punishment. Your own mother whipping you with barbed wire, scorpion and fire!”

By Kon Joseph Leek, FEB/19/2016, SSN;

As it always has been, and still is and forever will be, in most cases, in the societies where polygamy is yet a norm or religious provision especially in Islam and few African Christians that still believe in Genesis 1:28 which states that, “be fruitful and fill the earth and subdue it…..”, mountains of hatred and selfishness coated with hypocritical love among the co-wives is a common phenomenon.

The cause of that hatred is competition where the outcompeted hates the other and the presumed winner brags to the other (most women’s life style right!).

And the cause of that competition is the husband, and the cause of the problems involved still is the same husband – the person responsible of bringing two or more different ladies from completely diverse clans and backgrounds to share one thing- him, and his resources.

Choice too cannot be ruled out, choice of a husband, where one thinks even among his own children, one is taken to be better than the others for reasons known to a particular self, so is it to the husband to his wives where he would love one more than the other(s) either because she wakes him up with Aköp cЇ diong e miöu/muök or wakes him up with warm water to wash his face or simply that she is the latest he married (ayäp de thial pi3c(puͻc) kuany!

If you are a visitor, you would think that these co-wives love themselves to their bones but as always, a visitor and unintended eyes or ears are not meant to see or hear the secrets of others’ homestead, they (visitors and other unintended) would only see the sugar coated love which is a pure red-pepper on the inside, do you know water melon? Green and smooth from the outside and red on the inside isn’t it? Then, that is co-wives’.

But if you overstay, in fact beyond a visitor, and you have been hearing of a goat’s house then that is where you will practically see it. Practiced, not by goats but probably by goats in human images!

When a child of certain goat goes near the other you only hear the sound mi-ee-ee, then upper legs raised up and turrr, alas! Two short curved horns land on the head of an innocent hornless small goat prompting it to run away groaning – that is an automatic hatred and selfishness.

Just like a house of co-wives, if one is away, the one that remain mistreats the children of the others. And if they are together, you will see them seated in zones

All what we see is what we call love but hypocritical love, what we see is what we describe as laugh with smiles but inside, it is not, but a serious snarl, a complete blood-cuddling growls; all is a covered hatred, simply a sugar coated love – but a pure red-pepper on the inside!

There is a story of two wives (Atong’manti33l and Aluel’nyandekͻc) of certain Deng’gut’agͻk who had lived for years until certain time when Aluel felt sick and later died. Did she really die? She didn’t but only fainted. When Atong saw her co-wife dead and was confirmed by the others around, she threw herself down till the thud was heard at the neighborhood, rolled herself down from side to side carelessly like a naughty child without even taking care of her skirts hence confusing men around how to handle her, then lastly released a sound similar to that one of an ambulance.

‘What is going on in Gut’agͻk’s house?’ neighbor asked a passerby, ‘oh! My sister, it is Atong who is saddened by her co-wife’s death’

As Atong was being consoled outside by the group of women arise another miracle; Aluel has come back to life again! ‘Go and break the news to Atong that her co-wife has come back to life’, roared one elder to a young man.

As light as a feather, the young man disappeared at once and dropped the news to Atong in the presence of the others. Upon hearing this, out of her mind, Atong bit her lower lip with her upper teeth in anger, raised her hand up and carelessly boxed the ground with emotions, alas! She broke her right arm!

It was confirmed now that her cry was hypocritical but was surely laughing on the inside, love was as well sugar coated, and tears were crocodile tears. God has shown it.

Why would she box the ground with rage upon hearing someone coming back to life? The action has proven her cry a complete opposite of what she would have done! This is how far the co-wives love goes, but only in most cases.
Yes, in most cases. Need I to bring another story? No, I bet this enough for now. But remember, in most cases.

Does this only occur in social life? Look at it critically, does it? Can’t we see this in politics? Can’t we? If not then, why did mzee Tortich Arap Moi of Kenya want Uhuru Kenyatta to take over from him in 2002? Why did he utter the statement that, ‘when a person gives you food in a plate, after having eaten the food, do you brake the plate or you give the plate back to him who gave you the food?’ why did he asked that?

Why then, if selfishness is only seen in a traditional context, does a chief-of-staff for many years in Uganda, apart from current Katumba Wamala, a Muganda – in president Museveni’s regime come from Western Uganda and not other parts of Uganda?

Why then did President Kiir in the wake of crises in South Sudan suddenly become Museveni in doing something to chief-of-staff’s position?

The answer is simple, it is generally fear, fear that the unknown would unknowingly come and do the unknown to you, so you better guard yourself with the people you know most. The child of another woman cannot be like the child of your womb!

Just like Kiir for appointing Nhial Deng, a Bahr-Gazalian from former Warrap state like him as a government chief peace negotiator, why did Riek choose Taban Deng, a Nuerian from Bentiu like him as his peace negotiator in Addis Ababa? Please understand that? Just understand. It is very clear; co-wives philosophy of “child of my womb!”

Assuming Riek comes today, to what extent do you think he will trust himself with the incumbent? There will be always that fear, fear of if one goes out leaving his children with the other in the house and though Iddi Amin-Obote does not happen, there will be a fear of one’s children fearing the other thinking that they are left with a big goat and they are the small goats whose mother has moved out

Look, as it always is, that strife among the co-wives does not; in most cases negatively influence the relationship of the children. They always love to be called by the name of their father because their mothers may be different but one father. So, in order to be one, they have to be their father instead of selfish, hateful and heartless mothers joined by the nature to one person!

The same thing to the country, if Riek and Kiir are our mothers then South Sudan as a country is our father. As children of this nation, we are entangled to one common interest; developing it and making it great!

Choice of leadership should, to some point be our differences but can’t be the cause of violence. Differences are not too bad because they sharpen our thinking and reflect ourselves but violence only make us perish.

Do not follow individuals into violence for you are only graduating their mischievous interests or else you die for a zero course. Just live as a father of your children, husband of your wife and as a citizen who will develop this nation.

Please imagine yourself technically developing this country with your hands, just imagine; how do you feel? Great isn’t? Yes it is.

Look at this small poem about our leaders, citizen and country. I heard someone sometimes disputing the point that, ‘our leaders rob us when they unite and kill us when they disunite.’

To the best of my understanding, that so-called (let me borrow Michael Makuei’s word, so-called) that so-called top official was not critically thinking enough to dispel the reality, he did not want to think harder to get the point or else if he knew then he might have tactfully withdrawn the truth and started covering his face with a mask and began singing the riddle.

Do not tell us riddles, please Mr. leader, but notify us on truth, your citizens needs truths not lies.
Hear the voices of the inhabitants in the wilderness:

Once united, now divided
United by the call of nationalistic zeal, divided by individuals’ calls
United by their leaders, divided by the same
Divided into loyal(s) and disloyal(s)
Scattered in the wilderness like human dung
Swayed to the countryside like wastes
Never rested to enjoy their hard earned freedom but only exposed to dreadful life
My people, only should you meet your bright dreams that always seems enigma!

I have never wanted to be alone, and for this let me join the innocent South Sudanese in celebration of the unity of the leaders who seems to be dragging this country towards a Banana State.

We welcome your reunion but first, learn to be gentlemen enough this time by not making this country your ring of comparing your muscles of who has the bigger-than-whose muscles!… but developing it should have to be your main priority, developing it by first removing this hell of insecurity, I said security first then open free education to all….. And the rest will come alone. END

Glossary
ay äp de thial pi3c/puͻcë kuany Thial; is a shell of an oval-shaped river snail. That snail has two shells from both sides; it uses them for protection that it cuts anything which touches it. It is that shell that is removed and kept in the ash for days to remove the presumed poison and later cleaned and used for eating. It is in fact a traditional spoon used in the past. If a person cleans his, it is that thial which he would want to eat with; you carry it to toch, to wut (kraal) or anywhere. It is yours, new and clean and the new one is always what you would want people to see. So, ay äp de thial pi3c/puͻcë kuany is literally translated as the love for a new thial, a metaphorical word of the ‘love for new things’ a traditional phrase.
Aköp cЇ diͻŋ e miöu/muök; is a South Sudanese local food like goats’ dropping but dry and small to the size of rice. Its difference with awalwala is in the cooking. Awalwala is wet when fully prepared because it is cooked with water and eaten with milk where as Aköp is fried and eaten with other sources. It is one of the staple foods just like awalwala to the Dinka, Nuer and Shilluk exception of awalwala to the shilluk.
Dinka calls it Aköp, Nuer calls it köp (they have a problem with [A] when a word starts with (a), and Shlluks calls it mongakel miöu/muök; is oil produced from cow’s milk, it is healthy and increases one’s gourmand or appetite, it is an energy giving food. It is mixed with aköp to make it too fine for eating. It is produced by many South Sudanese cattle keepers. So, the statement,’ aköp cЇ diͻŋ miöu/muök’ literally means,’ aköp that is mixed with miöu/muök.

The writer is a commentator on contemporary South Sudan, he can be reached on j.konleek@gmail.com

President Kiir and Dr. Machar 2nd Presidency: A Return to Business as Usual

By Tong Kot Kuocnin, LLB, LLM, Advocate, FEB/19/2016, SSN;

After eight years of president Kiir’s and Dr. Machar’s presidency, an unexpected political storm swept through the government of the Republic of South Sudan in July 2013 causing flu to the untouchable oligarchs who have controlled virtually everything from cleaners to the Ministers.

This political storm caused the political honeymoon that had existed for the last eight years between president Kiir and Dr. Machar to cease.

With the peace agreement signed by the parties to the conflict, Dr. Machar made his way back to the presidency for the second time since his dismissal in July 2013 which caused the nation to slip back to war in December same year.

Now, with president Kiir and Dr. Machar back to the same room with all their old wolves-in-sheepskin where their political honeymoon ended, what business are they going to carry out?

Is the yesterday’s devil that became an angel in the dawn, having cleansed themselves through peace agreement, has all it takes to fight rising cases of corruption in the government, implement all reforms, and break the yoke of nepotism and tribalism which has infiltrated the system?

The answer is both negative and affirmative. Negative in sense that the group that is coming back as Angel Gabriel was part and parcel of the old house which had housed all corrupt officials for the last eight years.

They were the lead architects in all acts leading to corruption, nepotism and tribalism of the highest order. It was because they were chased out of the house of corruption, nepotism and tribalism that they caused havoc and turmoil so that they can come back to the same house which they managed to get.

They are not angels as the few imprudent thought to them be. They are accomplices in all that had befallen on South Sudan.

Affirmative in the sense that the group will fight harder and harder to make sure that in order to cleanse themselves of all dirt, they must minimize corruption, nepotism and tribalism.

For them having a clean political card in 2018 isn’t easy and must begin with swearing in of their representatives. I know it not easy to eradicate corruption for they themselves would first quench their thirsty as the heat of the last 21 months has not been easy and has to be replaced.

If the opposition is realistic with the people of South Sudan but not wolves in sheep’s skin, they must begin to do away with nepotism this time because the last eight years Dr. Machar spent as VP were marred by a lot of nepotism and tribalised settings as manifested by the set up of his last office as VP when you hear no any other language in his office but Thok Nath (Nuer language).

Where many who had visited his office those times felt as if they were in one of the sultan’s of Nath office not VP’s office. This is nepotism and tribalism of the highest order.

That office represents and symbolizes the nation not tribes and whoever is seated in it is a symbol of the nation not a tribal leader.

The same to the office of the president, South Sudanese must see themselves there not only the two tribes (Dinka and Nuer).

However, with return of Dr. Machar as 1st VP and the widest gap of the social cohesion which has been created by the conflict coupled with political hatred between the president and his 1st deputy, not much is expected to be done as both of them will or might not listen to one another and either side will work for the disgrace and downfall of the other.

If the two parties are bogged down and always at political loggerhead, corruption will take its toll and a return to war on the widest scale would be an inevitable option for the defeated group.

This government will deliver nothing, nothing at all because what they have all failed to do in eight years can’t be done in 30 months.

It is just a return to business as usual because the parties will just sit indignantly as they did in the last eight years and divide the resources of the nation together and if these resources are equitably divided amongst themselves then fine, no war.

But if one party took more than the other, war surely will ensue.

This is just a break to continue the war but the worse will surface again in 2018 for nobody, no any party especially the warring parties that have just signed peace will not accept the outcome of the elections especially if the results point to defeat of either party.

This is just a containment of war for a while but let’s wait for 2018 for Dr. Riek will continuously cheat innocent Nuers to fight on his behalf on the pretext that the Dinka have killed, marginalized, and oppressed Nuer people whom he claims to rightfully inherit power as prophesied by Ngundeng.

This is the tactic he employed to mobilize his mass support from the Nuer community since 1991 and he did the same in 2013, both of which he succeeded to cling to power at their expense.

The ball is at the court of the opposition to tell South Sudanese that indeed they were part of the government that has squandered and looted billions of money for themselves and their immediate families and that they want to pay back the people of South Sudan through maintenance of peace, stability, human rights protection, good governance and strict adherence to the rule of law not of man anymore.

But otherwise, president Kiir and Dr. Machar 2nd presidency is a return to business as usual where looting of public resources on an unprecedented scale will be the order of the day. Wish you success in all your endeavours Mr. Opposition.

Tong Kot is a Master of Laws (LLM) Candidate at the School of Law, University of Nairobi. He specializes in Law, Governance and Democracy. He can be reached via: tongbullen@gmail.com

Prospects and the Reality of Peace to South Sudanese!

By: Malek Cook-Dwach, Juba, South Sudan, FEB/18/2016, SSN;

First and foremost, the interpretations of IGAD communique’ on compromise peace agreement generated a hot debate between semi-intellectual nationals that are incapacitated and lacking political consciousness and the learned political scientists in South Sudan political arena.

This could be healthy on the one hand to create political awareness to the former and to the later to engage in educating the former on the contents of the signed communiqué in disseminating the message of real peace.

The uniqueness of the matter and the funniest thing is that the semi-intellectuals are totally manipulated and brainwashed by the circumstances in which they are exposed into because they presumably surrendered themselves to the fear of unknown.

The political changes and other attributing factors being bad governance with no rule of law or one partisan decision making in the running up of the affairs in the country that left them with little or no hope for future betterment of this beautiful and rich country called Republic of South Sudan.

This by itself poses threats because their brains are dried up, their blood vessels became blocked waiting for their last breath and approaching their demise.

The culture of nationhood is always hereditary and owned by those with love of their country in the heart by not giving up from their inalienable rights and always representing the voice of the voiceless which rendered them to be reactive by taking up guns if needed be, advocating for good governance, accountability and transparency to correct the situation when they see things are not moving on well in the interest of all.

The vicious cycle of terrorizing the entire citizens through corruption, nepotism, inequality of job employments reduce them helpless and that is why they couldn’t anticipate any better forthcoming because the little that they have to build on is robbed in their presence.

The institutions charged with responsibility of accountability when occupied by incompetent persons would continue drastically and fail to execute their core functions because mismanagement of country’s resources will be turned to their personal gains.

The implementation of compromise peace agreement in letter and spirit will put into an end the level of nepotism. The current employment in both public and private sectors which is largely based on ethnic, political and regional considerations will be reviewed as stipulated in the agreement.

These institutional reforms if implemented following the criterion mentioned in the compromise peace agreement will contribute to the restoration of broken societal relations.

A neutral body must be formed to spearhead the process of healing and reconciliation for the realization of peace in the country. The dissemination of peace to the general populace through civil society organizations to own the agreement for their consumption is very important to healing and reconciliation.

The Author is a South Sudanese Citizen and media commentator, reachable at malekcook75@gmail.com

To the Jieng Council of Elders: Who’ll fight the next war for Dinka in South Sudan?

BY: Gatweach Naath, FEB/18/2016, SSN;

As an ordinary southern citizen, I would like to ask the elders to answer this simple question, because I am sure that nobody can prepare himself for a tribal war and do not know where his fighting force is.

As people who are opportunists, the Dinka leaders, they want to use their followers from other tribes to fight for them the next tribal war which may occur by the illogical implementation of the newly created 28 states.

According to my own understanding, the known obedient Dinka fighters from other tribes may not be interested in the coming future, to fight for Dinka as the case before, when the tribal fighting was political between the government and the rebels.

Those who were on government side may not take that side this time if anything similar to the first happens, so there will be a shortage of Dinka fighting force from other tribes. The previous war, in essence was tribal as well, but curtained by the government to be a political one.

For your information, you the disgraceful elders, any coming war in our new nation will be different from the past one, because some fighters from your followers especially the soldiers whose lands are affected by the creation of the new 28 tribal states, may change their minds.

I think you know them well. This is not a secret revealed to you by an agent, but I am only alerting you that, your good friends and followers, may side with their relatives in future, because this is a question of “to be or not to be.”

They may leave you alone to fight your own planned tribal war, because it is a matter of land and not politics, ranks and salaries.

Even within your Dinka community, some wise Dinka from your fighting force may not be interested to fight for the annexation of other’s lands. Many may keep only their ancestors lands and may not have that satanic ambition for other’s lands. This big group of wise men from our Dinka brother plus your stooges is there and even you the Jieng elder’s council members know that.

So, carefully please deduct from your future fighting force some fractions from these sizable groups of wise Dinka and your former stooges from other tribes.

I would also like to bring your notice that, Ugandan, Rwandan, M23 of Congo and SPLA-North forces may not come to your assistance; because your future war, will be totally a tribal war in spite of your false claims to be the bigger and stronger tribe in the country.

So, if you are still insisting to annex other’s lands, please look for alternative stooges before time, because when things will fall apart, you may not convince them to fight for you as it is the case now.

Believe me or not, I am sure many non-Dinka stooges who were fighting for your government, may not take that option if anything unfortunately happens again in your hijacked undeserved kingdom of south Sudan.

According to my own simple analysis, if anything went wrong again in our beloved country, one of the following cinereous will be the option:-

1-The country will totally collapse. There will be no central government and H.E Salva Kiir Mayardiit will be the first and the last Dinka president for the united south Sudan.

2-Our beloved and united new nation will be divided by war lords into its former known three regions

3-The UN may take the responsibility of taking care of governing our young nation on behalf of us all, for some years in order to put anything in order again and rebuild it.

So, if one only of these three scenarios happens, what will be our benefit as citizens of south Sudan and yours as elders who are mature enough to know good or bad?

Why you the elders don’t keep our country united, instead of making it a Dinka kingdom despite the existence of other 63 tribes?

My advice to you the elders is to convince some members from your council to abundant working only for the sake of your tribe leaving the whole nation of the beloved south Sudan. Concerning the south Sudan, no tribe can be able to register the ownership of this country by its name.

If so, please be a good example for wise leadership and not for what took place before and continuing now. To any leader in our country, you cannot destroy the whole country in order to build your tribe through corruption, tribalism, nepotism and creation of conflicts.

If new states are needed in some parts of the country, let it not be mistakenly generalized to the whole nation. You can create or divide according to the interest of the people who need it.

Your misleading expression about the people’s demand for the 28 states is false because what is known to everybody is the federalism and not your tribal 28 states.

To the UN, TROIKA, IGAD and AU, please don’t leave us alone to destroy this young nation intentionally through our misused powers. Give us a hand by helping us to work only for the implementation of this last peace agreement because it is the only option now in the country.

If not, one may assume that you are all interested to take the responsibility of this young nation after its collapse.

Gatweach Naath.

Protest Press Statement about massacre of Chollo Innocent Civilians in UNMISS Protection Camp in Malakal, Upper Nile State

To: Ban Kim Moon, Secretary General of United Nations,
New York, USA.
Date: 18/2/2016

Subject: Protest Press Statement about massacred of Chollo Innocent Civilians in UNMISS Protection Camp in Malakal Upper Nile State.

Your Excellency,
We, the Chollo Community Council were dismayed by Barbaric killing of unarmed civilians in UNMISS Protection Camp in Malakal.

It is well coordinated killing plan by the Governor of the so-called the Eastern Nile State, and was accomplished last night by criminal Padang Jieng by murdering and wounding good numbers of unarmed Chollo and Nuer in the internal displaced camp.

We strongly condemn this merciless massacre of innocent citizens who evacuated and escaped to POC for safety but now their fate was vanished under UNMISS.

Central question is how did those killers manage to come into on the watch of UNMISS?

Last time we have cautioned H.E Festus .G. Mogae, Chairman of IMEC and the international community partners to Compromise Peace Agreement about the consequences of the creation of 28 States, knowing that there is burning situation in Malakal that resulted from unconstitutional Decree of 28 States by giving Chollo land to Padang Jieng.

Now, Padang Jieng backed by the President Kiir himself, wish to push Chollo out of ancestral land in eastern side of Nile, including protected people in UNMISS.

The only logical reason for war waged by Padang Jieng militia supported by Jieng forces called SPLA was to terrorize Protected People and to dislodge them by attacking them using smuggled weapons in to the Camp.

The things which UNMISS will not escape from being blamed is how did those criminal murderers manage to bring in weapons with tight security at entrance gate?

What was the UNMISS response to control the situation?

Until this morning they were still burning down shelters that belong to Chollo community.

The world needs to realize that most notorious murder is the President Kiir himself, who initiated the creation of 28 States.

Your Excellency,
The Massacre of our Chollo Innocent Civilians in Malakal at UNMISS Protection of Civilians Camp was carried out by the soldiers of the Newly Appointed Governor, Chol Thon, of the So-called Eastern Nile state together with his Padang Dinka Militia on 17th February 2016, at about 8:00 PM Wednesday.

The Massacre had resulted in the loss of Lives of five and thirty seven wounded innocent Chollo Civilians, who are being hosted by UNMIS as Internal Displaced Persons (IDPs) in the Civillian Protection camp.

Your Excellency,
The Massacre took place inside the UNMISS Protection of Civillian Camp with the presence of UN Peace Keeping Force from Rwanda, who were well armed even with tanks in order to protect the Civilians.

Unfortunately, those soldiers did not even shoot a single bullet into the air to dispatch the Government Soldiers on scene and to challenge Padang Dinka Militia while their forces were to protect the civilians.

Indeed, this situation is very embarrassing to international community, how will they justify this madness killing in their presence.

The sound question, what have prevented those Rwandans UN Peace keeping Soldiers not to respond to the killing of unarmed Innocent Civilians under their disposal?

All are aware that UN mandated its Forces to use force under UN Charter, Chapter V11 when the lives of people they protect is endangered by aggressor’s soldiers.

In fact, Chollo Community in the chollo Kingdom and throughout the world is saddened and aggravated by this massacre of our people in Malakal. We issued this protest Press Statement to condemn this barbaric and brutal killing of our Chollo Innocent Civillans at the UNMIS Protection of Civilian Camp in Malakal.

In this regards, we are urging you as the Secretary General of the UN and the Chairperson of the UN Security Council in New York to take strong action against the Governor of the so- called Eastern Nile State and president Salva Kiir, who supported unconstitutional appointed Governor of so-called Eastern Nile State, who implemented cold blooded killing of unarmed Innocent Civilians, in order to pressurize them to quit to western side of Nile as they claimed which is impossible under the Sun.

Find more evidences from UNMISS soldiers in Malakal, then the International Criminal Court at Hague must file the case against the murderers in South Sudan.

Best regards.
Samson Oyay, Chairman of Chollo Community Council. Khartoum, Sudan.
CC: Chairman, AU, ADDIS ABABA
CC: Chairman, IGAD, ADDIS ABAB.
CC: Festus G. Mogade, Chairman of JEMC, Juba.
CC: Troika Members (USA, UK and Norway.)
CC: Chairperson, Human Right, Geneva, SWizter land.
CC: Chairperson, ICC, Hague.
CC: IGAD Member Countries.
CC: Chollo MPs, Juba
Chollo Community Members Worldwide (USA, UK, Canada, Australia)

Kiir to form interim government Friday despite Machar’s absence

By Joseph Oduha, TheEastAfrican, posted Tuesday/16/2016;

According to reports, President Kiir is expected to announce a government of 16 ministers, including two former detainees and two additional ones from other political parties other than Dr Machar’s faction if its leader declines to honor a seven-day ultimatum to return to the country.

Machar named First VP, but won’t return yet: South Sudan’s President Salva Kiir will go ahead and announce a transitional government of national unity on Friday despite his rival Riek Machar’s unwillingness to travel to Juba.

However, the South Sudan-based lobby Community Empowerment for Progress Organisation’s executive director, Mr Edmund Yakani, told a news conference in Juba Monday that an interim administration without Dr Machar poses doubts as to whether the parties to the peace agreement were ready to honour the peace or not.

The opposition leader has conditioned his return on the demilitarisation of Juba and integration of police units.

This, according to him, was as per the peace deal signed by the two principals.

Last week Dr Machar, who is in Addis Ababa, Ethiopia, also appealed to the international community to help transport his 3,000 security personnel to the capital in readiness for their integration into the joint police force.

The same week, the government had identified some locations for Dr Machar’s forces to be stationed in.

Mr Yakani urged the parties to speed up security arrangements and avoid any inconveniences that delayed the implementation of the peace.

“If the partners to the peace agreement can move faster in implementing the peace, this means a lot to the lives of the innocent citizens that are suffering in due to the absence of the peace,” he stressed.

Dr Machar has already been designated the First Vice-President ahead of the inauguration of the new transitional government. END

Implications of implementation of the 28 States in Upper Nile State

Date: 14/2/2016
H.E. Festus G. Mogae,
Chairperson,
Joint Monitoring and Evaluation Commission

Your Excellency,

Subject: Implications of implementation of the 28 States in Upper Nile State;

We salute you in the precious name of our Lord and Saviour Jesus Christ. We, the Chollo Community would like to bring to the notice of your Excellency the real situation on the ground.

Chollo Community is being targeted and marginalized by the implementation of the Presidential Decree that divided the country into 28 states. The Decree effectively grabbed Chollo land east of the White Nile including Malakal town and gave it to the Dinka.

As if this was not enough, the Government of the Republic of South Sudan continues to commit atrocities against the Chollo Community. We are deeply saddened and shocked by such behaviour of a government that should have been serving all its people.

On 5th January 2016, we wrote a letter to reject the creation of the 28 states and the appointment of their Governors and cited in it the historical background about the land dispute between Dinka and Chollo.

We stated that that decree is a recipe for instability and insecurity in Upper Nile State.

Your excellency also visited Malakal and met the internally displaced citizens in UNMISS Protection Camp who told you frankly about their dissatisfaction about the annexation of Chollo land occasioned by the creation of the of 28 states and they rejected it in its totality demanding that the 10 states be respected as came in the Agreement on the Resolution of the Conflict in South Sudan (ARCSSS) signed in August 2015 by the two warring parties and other stakeholders.

On 8th February 2016, Chollo MPs in the National Legislative Assembly issued a Press Statement on the current situation in Chollo land, for they noticed serious consequences of the implementation of ill-intentioned decree.

Your Excellency,
The unconstitutional newly appointed Governor of so-called Eastern Nile State,issued an order dismissing all the Shilluk and the Nuer civil servants of Upper Nile State claiming that they do not belong to Malakal anymore and hence should move to their own states and new capitals.

Second, the Governor, Chol Thon Balok, has called all Padang Dank military personal to report to Malakal to wage war against Chollo community. This is further evidence that instituting the 28 states was intended to occupy Chollo land by force.

All are aware that the last IGAD Communiqué issued by its Council of Ministers on the 31st of January 2016, demanded from the Government of South Sudan to suspend the implementation of the 28 states, but the Government of South Sudan continues to ignore the the resolutions contained in the IGAD Communiqué.

Your Excellency,
What was initiated by the President Kiir and implemented by the unconstitutional Governor, Chol Thon, is a declaration of war on Chollo community in Upper Nile. Indeed, we will not tolerate this aggression and massive abuse and misuse of power by the state.

Outraged and agonized Chollo are convinced that the Government in Juba has a clear intention to eliminate them by forceful means using SPLA to accomplish Padang Jieng agenda, by taking over Chollo ancestral land and handing it over to Padang Jieng, a project that is being championed by Jieng Council of Elders.

Therefore, the Chollo Community see SPLA as a Jieng military organization which was instituted to accomplish Jieng aspirations like land grabbing, occupation and assimilation of original communities into Jieng culture.

Today, the Government of the Republic of South Sudan has contributed very much to the state of apathy and has sufficiently shown that it is a partial entity that protects a certain ethnic group at the expense of others.

The Padang Jieng ambition of Chollo land invasion started in early 1980s before the inception of the SPLM/A Movement.

Your Excellency,
The newly created 28 states have obstructed the implementation of ARCSS and its implications are obvious as follows:

1.The work of the National Constitutional Amendment Committee to incorporate ARCSS into the Constitution couldn’t go ahead or be completed.
2. The Transitional Government of National Unity couldn’t be formed on 22/1/2016 as it had been planned and agreed upon by JMEC and all parties to ARCSS.
3. It threatens to create imminent bloodshed through tribal conflicts between different communities.
4.Threatens the attainment of peace in South Sudan, and fosters instead disunity, and hatred between communities that have lived in peace for centuries.

In the last few days President Kiir in collaboration with the Governor of the so-called Eastern Nile state have already transported a huge army to Malakal, and this is a clear indication of the preparation for launching full scale war in Chollo Kingdom to dislodge them from their ancestral land.

Your Excellency,
We would like to bring to your attention the fact that the Government of the so-called Eastern Nile state is now demolishing and destroying houses and assets in Malakal, which belong to Chollo Community.

Indeed, such acts are a violation of the basic principles of Human Rights.

Chollo Community is aware about the strategic plan employed by President Salva Kiir and Padang Jieng to annex Chollo land on the eastern bank of the Nile after they have succeeded to dislodge its Chollo inhabitants from their land.

But that kind of project will be costly to both sides.

Your Excellency,
Now, the Chollo Community Council is appealing to you again as Chairman of JMEC, together with IGAD member countries, AU, UN, Troika, China and other international partners to intervene quickly to pressurize President Salva Kiir to revoke the 28 States, so as to avoid tribal war, particularly between Dinka and Chollo communities in Upper Nile State.

Finally, we would like to inform you that Chollo people are peace loving known by many communities. But they will not tolerate to accept being dislodged from their ancestral land.

In case this toxic Decree Number 36/2015 issued on 2nd of October 2015 is not revoked, and no quick action is taken, then Chollo in more likelihood will defend their rights over ancestral land.Should war break out later, the International community shouldn’t blame Chollo Community.

Please accept the assurances of our highest consideration and great esteem.

Thank you.
Samson Oyay Awin
Chairman of Chollo Community Council, Khartoum Sudan

CC. Chairman of the African Union (AU) Commision, Addis Ababa
CC. IGAD member countries (Sudan, Ethiopia, Kenya and Uganda)
CC. United Nations Secretary General, New York, USA.
CC. Troika Countries (USA, UK and Norway)
CC. His Majesty Reth Kwongo Dak Padiet, Reth of Chollo, Fashoda
CC. MPs in the National Legislative Assembly, Juba, South Sudan.
CC. Chairman of Chollo Intellectuals Committee, Juba, South Sudan.
CC. Chollo Community Members in Diaspora (USA, UK, Australia and others)

Personal, ideological and geopolitical issues stand in way of peace in Juba

By John Gachie, TheEastAfrican, Saturday, Feb/13/2016, SSN;

IN SUMMARY: What political vehicle of mobilisation will the two men have for what will undoubtedly be the most hotly contested political showdown between them in 2018?

It’s just a numbers game and power-play, who’s fooling who?

Political and military posturing and covert plans to outwit each other characterise the relationship between the two principals in the South Sudan conflict — President Salva Kiir and rebel leader Dr Riek Machar — in spite of their public and diplomatic declarations of peace and reconciliation.

These positions taken by the two comrades-turned-rivals betray deep-seated antagonism going back to their military days, competing ethnic leanings and regional and international geostrategic imperatives.

In short, the two principals are as different as day and night: They can co-exist, but cannot cohabit; they can share the same environment but cannot share the same space — for there is no space big enough for both them.

They repel each other despite the strong magnetic pull exacted by their friends, allies and enemies to bring them together.

That is the crux of the matter in the current South Sudan tragedy.

Dr Machar is a genial, highly educated and highly ambitious political and military man, a shrewd operative with the gift of the gab. He is articulate, suave and very mercurial in planning, with one consuming ambition: To lead at the top.

He believes that he is a child of destiny. That he will not be denied what the gods have so ordained.

President Kiir is a sombre, somewhat dull, if not inscrutable introvert not given to wearing his emotions on his sleeve. But he is nonetheless a brave military man with a wicked sense of humour that belies a sharp and nimble mind. He honed his skills through decades spent in the bush waging war against a far superior enemy, with a larger-than-life leader, the late John Garang.

President Kiir does not suffer fools gladly. He is stoic, calculating, highly informed and vicious when the occasion so demands. He is certainly no pushover.

The man does not give away his thoughts easily, rarely shows his hand, never thumps his chest and always has an ace up his sleeve.

Now, as we await the consummation of the Agreement on the Resolution of Conflict in South Sudan, will the two rivals deliver comprehensive and sustainable peace, or will theirs be a short marriage akin to the one in Angola between Jonas Savimbi and Eduardo dos Santos in the 1990s? Never mind that President Kiir reappointed Dr Machar as his First vice president last week, as part of the peace deal. Prior to the conflict, he was vice president.

South Sudan and Angola have an uncanny similarity. The bush war never fully addressed the personality, ideological and ethnic chasm; neither party initially enjoyed military and geographical dominance; and each principal enjoyed regional and international patronage and support, albeit not publicly.

In the case of South Sudan, Sudan, Ethiopia, the Troika (US, Britain and Norway) and other Western countries are more sympathetic to Dr Machar, while Uganda supports President Kiir. Kenya is torn between the two, with the business community more amenable to President Kiir. The African Union is almost held hostage by both while Russia and China openly favour President Kiir on account of oil.

Egypt, India and Malaysia are inclined towards the president due to commercial, energy and mineral wealth interests.

For Sudan, the Juba conflict is a classic “damned if you do, damned if you don’t” situation, although the defeat or capitulation of Dr Machar would not augur well for President Omar al-Bashir’s relationship with Juba, and more importantly in the on-going conflict in Darfur and eastern Sudan.

Ethiopian link:

For Ethiopia, it is another classic dilemma, because it has large ethnic groups related to and involved in the conflict in South Sudan on its southwestern border with South Sudan.

In the Angolan scenario, Zambia, the Democratic Republic of Congo, Botswana and Namibia provided the same geopolitical impetus, including large cross-border ethnic groups; thereupon the Cold War dynamics came into play, while diamonds and oil played a role as well.

Though they are over 5,000 kilometres apart, Angola’s Eduado dos Santos and Salva Kiir are similar, likewise Dos Santos’s nemesis, the late Dr Jonas Savimbi and South Sudan’s Dr Machar.

The question now is, will President Kiir see the red line in terms of consolidation, retention and hoarding of executive powers?

For Dr Machar, what are his immediate gains? What are his guarantees that his hold on the movement and in particular the motley military groups that comprise his force will remain loyal to him?

More fundamentally, what guarantees does he get that his political support group will not be dismantled once he joins the government?

What guarantees does he get for his personal safety and what executive powers will he exercise to keep his team in line?

What political vehicle of mobilisation will the two men have for what will undoubtedly be the most hotly contested political showdown between them in 2018?

The Sudan People’s Liberation Movement/Army (SPLM/A), to which they all pledge loyalty, has split into three in all but name.

One would just hope that the two principals in the South Sudan crisis are not tempted to engage in brinkmanship. END

Is the Nation-State in South Sudan a Step Forward or a Step Backward?

By John Juac, CANADA, FEB/12/2016, SSN;

I often ask myself an important question: What kind of community is this new political abstraction known as a nation-state? And the simple answer that comes up in my mind is that a nation-state is the new form of human social organization, a step forward from the village life most people have known for centuries.

In post-independence South Sudan, however, a nation-state is widely viewed as a step backward because it does not add to our humanity.

Millions of South Sudanese use the Internet to participate in public ongoing discussions about the challenges of building this larger association of small communities in their new country, but so many extraneous factors intrude that rationale and dispassionate discussions are scuttled.

Ethnic arguments, even though they are a dead end, tend to see an ethnic conspiracy plot in every South Sudanese misfortune: ethnic domination has become the favorite of Internet warriors.

Some often denigrate policies of the new state and leaders of the governing party on ethnic lines, while others often blindly defend those leaders in the name of ethnic solidarity. As a result, there is much confusion about what South Sudan can do to overcome its woes.

South Sudan has a long history of internal divisions among its people on a combination of politico-ethnic grounds.

Mutual distrust and lack of cooperation which inform the political climate of the country are directly related in a very low regard for person’s capacity for solidarity and consensus.

The idea that it is possible to transcend the prevailing atmosphere of anxiety and suspicion by trusting one another has been slow to appear and extremely rare.

The prevalence of distrust in South Sudan limits individual loyalties to groups that are intimate and familiar. People are loyal to their tribes, perhaps to their tribal leaders, but not to broader political institutions.

In the total absence of social conflict, political institutions are unnecessary, and in the total absence of social harmony, they are impossible.

The two groups which see each other only as archenemies cannot form the basis of political community until those mutual perceptions change, and this is one of the greater challenges facing South Sudan today.

The country’s political community is fragmented against itself and political institutions have little power, less majesty and no resiliency- in many cases governments simply do not govern.

Its political evolution is characterized by dissensions, the dominance of unable personalistic leader who often peruses disastrous political, social and economic policies, widespread corruption and despotism among cabinet ministers and civil servants, arbitrary infringement of the rights and liberties of citizens.

It is also characterized by the lack of standards of bureaucratic efficiency and performance, the loss of authority by the national parliament, regional assemblies and courts, and the fragmentation and complete disintegration of broadly based political parties.

The primary fact is that all these problems are in the large part the product of rapid social mobilization of new groups into politics coupled with the slow development of political institutions.

For many, among the laws that rule human societies, there is one which seems to be more precise and clearer than all others.

If people are to remain civilized or to become so, the art of associating together must grow and improve in the some ratio in which the equality of conditions is increased.

The current political instability in South Sudan derives precisely from the failure
to meet this condition: equality of political participation has grown much more rapidly than the art of associating together, social and economic changes have extended political consciousness and multiple political demands.

These changes have undermined traditional sources of political authority and traditional political institutions.

They have enormously complicated the problems of creating new bases of political association and new political institutions combining legitimacy and effectiveness.

In short, the rates of social mobilization and the expansion of political participation are high while the rates of political organization and institutionalization are low, so the result is general political instability and disorder.

The problem of politics is lag in the development of political institutions behind social and economic changes, but the country’s new rulers have failed to grip with this problem.

Economic gap, in contrast to the political gap, has been target of sustained attention, analysis and action.

The ruling SPLM elite and their development partners all share in a massive guilt to do something about the problem of economic development in South Sudan. Economic development is the sum total of activities, and these do not take place in a vacuum but in an environment that is created by the institutions and policies of the government.

A leading international development economist with UN programs in South Sudan has argued that, “local planners and development partners have overlooked an environment conducive to development, and assumed this environment to be constant and focused on the structural obstacles such as lack of capital and how to relieve this constraint.”

This environment, however, has deteriorated so sharply that it stunts the development and therefore it should no longer assume to be constant, he said, noting that for the new country like South Sudan, an infusion of billions of dollars of foreign assistance or investment would be a waste.

In fact, the anti-development environment that prevails in South Sudan is characterized by political tyranny, instability, ethnic violence, horrible carnage, corruption and capital flight.

These are what economists called environmental obstacles, and these man-made obstacles are distinguished from structural obstacles such as lack of capital.

The amount of capital that is being siphoned out of the country by the ruling elite, their families, closer relatives and political supporters- capital flight- exceeds the amount that comes in by way of foreign aid and domestic investment.

In this case, it would be more judicious to remove the environmental factor that aggravates the capital shortage problem than to seek the infusion of more capital into South Sudan.

The environmental factors are crisis producing and by definition, a crisis is a serious adverse condition that requires immediate attention.

A crisis cannot persists for long without a major social upheaval or economic explosion. It would be preposterous to expect such diverse tribal groupings to live in peace in the absence of human action to establish a new peaceful political community.

It would also be preposterous to expect economic development in South Sudan in which genuine political structures are nonexistent and chaos flourished.

Nor does it make much sense to talk of economic development when the civil war is raging and construction of bridges, roads and power plants are being blocked in the areas of economic production.

Perhaps an analogue would be appropriate here. Consider the development process as embarking on a journey in a vehicle, leaving point A- a state of underdevelopment- and going to point B- a development state.

No wonder, the road is strewn with obstacles. The available development literature on South Sudan has identified a host of obstacles: low income, low investment, low savings and illiteracy, and the interplay of these factors produces the notorious vicious circle of poverty.

The vehicle for this journey may be private or state owned, but South Sudanese state vehicle, a motley collection of obsolete discarded parts scrounged from foreign junkyards, has now broken down. A headlight is broken and the electrical system malfunctions, and when turning the ignition switch, the windshield wipers fall off. The engine sputters and belches thick smoke that pollutes the entire country. There are no checks and balances and the fan belt is ripped, which means its cooling system is inoperative.

Clutching the wheel of the state vehicle is the President Kiir, a reckless and unskilled egomaniac who proclaims himself the driver of the vehicle. He insists that he alone must be the driver till kingdom comes since the vehicle is his own property.

Aboard the state vehicle are his cabinet ministers, cronies, sycophants, and other patronage junkies who have also brought along their relatives and friends.

Since 2005, governments have been seen as the personal fiefdom politicians use to accumulate wealth for themselves, their families and their tribesmen. They use their governing authority to extract resources from the peasantry and spend them to enrich themselves.

They cannot be subjected to criticism by anyone and anythings they say are final. President Kiir- a man hailed by the groveling South Sudan Television as the great Helmsman- runs South Sudan as a personal fief.

His Dinka people and some of their Nuer cousins have scooped the best government jobs. The army is nearly two-thirds Dinka and Nuer, but three times as many South Sudanese belong to other ethnic groups loathe the President.

Somewhat along the development journey, the smoke-belching with coolant vehicle broke down: dead battery, radiator overheated with the coolant boiling over and tires flat. This is a crisis, which must be resolved before continuing on the journey.

But instead of fixing the state vehicle, President Kiir and Riek Machar battle ferociously to determine who should be the driver, while social media revolutionaries argue furiously and endlessly over who should be a better driver.

After South Sudan’s independence, Kiir and Machar have not occupied themselves with the condition of the state vehicle. Changing the driver through a military takeover or democratic elections as the militant armed factions demand would not make any difference to the journey.

Removing the obstacles on the road would not make any difference either. Adding emission control devices to cut down pollution would be futile.

The state vehicle is going nowhere fast. If it moves at all, it will land in an economic ditch; it has to be fixed or completely overhauled.

Therefore, questions of accelerating development- getting to point B faster- must be deferred until the state vehicle is fixed.

And that cannot be done until the cause of the state vehicle break down- the cause of the South Sudanese crisis-is determined, which requires an understanding of how the vehicle operates and knowledge of its component systems.

The state vehicle in South Sudan is the defective political system, personal or one-man rule. This defective system has been the source of most South Sudan’s environmental problems, and until the system is rectified, the development journey will be extremely slow, interrupted by constant breakdowns.

John Juac Deng
Journalist/writer
E-mail: Juacd@yahoo.ca

28 States of South Sudan operates in a widest Constitutional Vacuum: Does the Presidential Decree No. 126/2015 legally confers appointment Powers on the Governors?

By Tong Kot Kuocnin, Nairobi, FEB/12/2016, SSN;

Prior to the end of the year 2015, a wave of jubilation engulfed the country precipitated by Order #36 which created the current embattled 28 states. On 27th of December 2015, another decree cancelling the existing 10 states was issued under the hand of the president and on 31st December 2015, another presidential decree No. 126/2015 was issued for the appointment of the governors of the new states in the country.

However, while the people of South Sudan were engulfed in a lot of celebrations, one thing passed unnoticed either by the president himself, who is the appointing authority or his so-called Presidential Advisor on Legal Affairs, whom many people presumed to be the engine that drives every legal vehicle the president uses.

That is, what we called ‘constitutional vacuum’ in the legal vocabulary, I wished my learned presidential advisor on legal affairs knows this.

This is what this author, being a constitutional law specialist wanted to tackle. The analysis is not about the creation of 28 states and how they were created but on the widest legal and constitutional vacuum created forthwith or brought about by the creation and cancelling of the previous 10 states as per the Transitional Constitution of South Sudan 2011 (Amendment Act, 2015).

As the Transitional Constitution was successfully amended, it gave room and powers to the president to create more states, although it wasn’t so definite that the president has powers to create 28 states but he was given a leeway to create more states depending on any number of states which may be created.

However, when the president cancelled the 10 states and hence appointed 28 governors for the 28 states, the president didn’t turn his another eye, that such series of decrees and orders have created a constitutional vacuum in the states as the 10 Transitional Constitutions of the then 10 states ceased to exist legally and no retroactive force of law anymore.

The names, compositions, emblems, flags, seals, stamps and territories of the former states changed and even the leadership of the then 10 states ceased as some of the leaders failed to maintain their gubernatorial portfolios and some maintained but shifted to other new states with virtually everything new.

However, the question which begs itself here is that, does the Presidential Decree No. 126/2015 have any constitutional and legal force to mandate and confer powers on the governors to appoint commissioners, states secretary generals, ministers, advisors and deputy governors?

The answer is in the negative. The presidential decree does not in any way have any constitutional and legal force it conferred on the governors to appoint their government officials.

The decree only has constitutional and legal force for the appointment of the governors by the president but fell short of any subsidiary instrument having legal force as the president with help of his legal advisor should have issued a separate Presidential Provisional Order conferring powers on the governors, while transitioning and undertaking all necessary procedures to review and redraft new transitional constitutions of the 28 states to form their governments.

This constitutional vacuum grows forthwith with the cancellation of the previous 10 states and should have been supplemented and bridged by a Presidential Provisional Order having a force of law and which confers powers on the governors to operate and use until when the transitional constitutions of various states are adopted and passed into law by both the state’s legislative assemblies and governors respectively.

The leadership mistakenly informed honorable governors that they should use the former transitional constitutions of the 10 states and that there is no need for new constitutions now.

This is such a grave legal blunder in our constitutional law history which my learned Presidential Advisor on Legal Affairs should have avoided in order not to bring shame on us as lawyers.

The defunct transitional constitutions of the then 10 states ceased to exist when the 10 states were dissolved and the constitutions which govern the organs, institutions and persons of the former states hold no any legal retro-activity whatsoever.

Many honorable governors took this misplaced advice and went as far as appointing their governments using and quoting the provisions of the defunct transitional constitutions of the former states which categorically vested and held no any legal and constitutional power to do so.

However, there is as we speak, in existence a widest constitutional vacuum in all the newly created states which can only be bridged if and only if the president issued another presidential decree conferring powers on the governors to appoint their governments and not only for the appointment thereto, but for the states governments to operate because any government whether at the national or local levels, must have a document as a legal instrument having a force of law to operate, and that is, the constitution.

This constitutional vacuum has to be quickly bridged so that further actions taken by the honorable governors must be done within the ambit of the law.

The Presidential Decree No. 126/2015 has no any legal force for the governors to use in appointing or dismissing any official in the state and therefore shouldn’t be used by our beloved governors to bring shame to themselves.

The Presidential Advisor on Legal Affairs miserably failed to heed to the advices of constitutional law specialists to advice the president to issue another separate Presidential Provisional Order having a force of law to confer such powers on governors as are deemed necessary to operate and use while establishing their states governments.

The law dictates that there has to be a separate instrument issued by the higher authority conferring such powers as the case maybe on the governors to use while transiting from post 10 states period to the new era of 28 states.

This is what the law demands. We are not operating in isolation nor are we in an island, but we are operating in a society open to the world and which must conduct itself in accordance with constitutional principles established to govern modern societies.

I urge my honorable governors who are still holding on the establishment and appointment of their government officials in various institutions to do what the law requires and not what individuals who have no knowledge of these established constitutional law principles.

Follow the right procedures to establish states which are governed by the rule of law and not the rule of man.

Follow the rightful procedures to establish States which operate within the parameters of the law, of justice, of equality and of prosperity of the citizens and their states. END

Tong Kot is a Master of Laws (LLM) Candidate at the School of Law, University of Nairobi. He specializes in Law, Governance and Democracy. He can be reached via: tongbullen@gmail.com