Archive for: July 2017

Justice under Fire: The Dismissal of 13 Justices & Judges from the Judiciary of South Sudan

By Tong Kot Kuocnin, LLB (Juba), LLM(Nairobi), Specialist in Law, Governance & Democracy, University of Nairobi.
JUL/15/2017, SSN;

One is not surprised at all to hear and see the dismissal of the honorable justices and judges from the judiciary of South Sudan by the president.

As the justices and judges went on an open strike two months ago protesting against the leadership of the honorable Chief Justice and requesting the head of state to remove him from office for his failure to manage the judiciary effectively, and efficiently, the men and women of honor faced the wrath of the misdeeds of the president and his in-law, justice Chan Reec Madut.

It is not unknown to all South Sudanese what the intentions of both men is regarding this great institution of ours.

It is not a new thing either to be surprised that innocent justices and judges can be dismissed from the Judiciary especially those who are opposed to the chief justice’s corrupt and dictatorial tendencies.

The first victim, a man of honor was justice Ruben Madol Arol, the former deputy chief justice who’s unlawfully removed from office simply because he asked the chief justice to excuse himself from the bench since the litigants were no longer enjoying any trust and confidence in him in presiding over the case brought before the constitutional panel in the Supreme Court challenging the order of the president which created the 28 states at the time.

Hitherto, the repeat of unlawful removable of the senior justices and judges occurred again simply because they have demanded what rightfully belongs to them.

In this article therefore, I shall not waste time narrating the ordeal these justices and judges went through under the embattled chief justice who took over from his predecessor, Late Justice Prof. John Wuol Makec but I shall labor to bring to the forefront, whether or not, the dismissal of the honorable justices and judges has met the constitutional and statutory requirements and procedures laid down under the Transitional constitution of the Republic of South Sudan, 2011 (Amended 2015) and other subsidiary legislations governing the conduct, appointment and removable of the justices and judges of the judiciary of South Sudan.

There are quite a number of statute laws in this country dealing with how the judiciary of South Sudan should be governed, giving effect to the constitution which is the fundamental law of the land.

First and foremost, the transitional constitution provides under Article 123(1) that judicial power is derived from the people and shall be exercised by courts in accordance with customs, values, norms and aspirations of the people and in conformity with the constitution and the law.

This succinctly means that the power lies not in the chief justice and not the president either to do whatever they like with regards to this great institution.

The chief justice is a mere administrator who should run and supervise the officers of the judiciary in accordance with procedures which have clearly been stipulated in legislations governing the judiciary itself.

However, Article 123(2) stipulate further that judicial power shall be vested in an independent institution to be known as the judiciary, but nothing is said about chief justice having a power to tell the president to dismiss any justice or a judge as an officer of the judiciary.

The president as a head of state exercises the power given to him by law not Chan Reec to remove the justices and judges only on grounds of gross misconduct, incompetence and incapacity and upon the recommendation of the National Judicial Commission as provided for under Article 135(2) of the Transitional Constitution, 2011(Amended 2015), which in this case, the national judicial service commission hasn’t sat and made any recommendation for the dismissal and removable of any of the justices and judges of the judiciary of South Sudan.

This clearly puts justice under fire as the chief justice who is also an uncle to the president’s wife, an in-law for that matter, scooped for himself powers which aren’t defined in the constitution and any other legislation governing the management of the judiciary.

Hence, by relegating and compromising the independence of the judiciary, it has been made a private family business enterprise.

On the same token, the Judicial Service Council’s Act, 2008 provides under section 7(e) that the Council has the power to recommend appointments, promotions and removable of justices and judges in accordance with the provisions of Judiciary Act, 2008.

But more interestingly, section 8(2) provides that council may delegate to the president of the Supreme Court any of its powers and functions; provided that, the council shall NOT delegate its functions over appointments, promotions and removable of justices and judges.

Where on earth the chief justice and the president did get their undefined and unscrupulous powers to unjustly remove these honorable justices and judges from?

The laws are very clear and straight forward. Let us not read our laws, more especially our constitution upside down.

Yes, the president of the Supreme Court can make recommendations to the judicial service council on the removable of justices but such recommendations will be effected only when the council is convened to deliberate, examine and decide on the recommendations in accordance with the provisions of the Judiciary Act, 2008.

Again very clear that the only institution having power to remove justices and judges, is the judicial service council and not the chief justice and the president.

Justice is truly under fire because instead the demands of these justices and judges are addressed, they felt prey in the hands of their colleague who should have stood by their side, conniving with his in-law and a family best friend to dismiss them without following any proper procedure as provided for under the constitution and other laws currently in force in the country.

Justice is under fire as the judiciary remained closed for the last three months with all accused persons in various detention facilities continue experiencing the most inhumane, agonized and brutal ways and manners in which the wardens of those detention facilities treats them.

Justice is under fire as the rule of law is deeply buried and the rule of man reigns high.

These honorable justices and judges became victims not of their own interests but that of all of their colleagues and for the benefit and proper functioning of the entire judiciary of South Sudan, for those sitting in offices now and for the future generations.

His obdurate conduct of the judicial affairs has obfuscated and completely obliterated the prospects of a judiciary in a democratic society.

The judiciary cannot sustain its credibility on its own and win the confidence and trust of the people if the credibility gap grows steadily wider day and night between the institution and the general public and more notably the people whose rights have been violated.

The judiciary which is the last hope to retrieve back those rights is the one that reneged on peoples’ rights, then hostility will eventually ensued and the private citizens will take the law into their own hands.

In conclusion however, it is imperative to conclude that you’re heroes who have been working under president Kiir’s government for the last thirteen years and Chief Chan Reec for the last seven years.

You have undergone all hardships and other turbulent agonies in an attempt to serve your people. I called you heroes because you stood tall and lowered yourselves to deliver justice to those who need it most.

I saluted and commended you for all the tireless efforts you made to deliver justice to those who have been victimized by powerful and wealthy people in this country.

I called you patriots because you haven’t taken up guns to kill innocent lives just to get what you deserved but chose to use democratic means to demand for what is rightfully yours.

Your records speak louder to us who have been on this journey of delivering justice to the paupers with you than what Chan Reec and his in-law have shamelessly done to you.

NDM Statement of the 6th Anniversary of South Sudan Independence

HE NATIONAL DEMOCRATIC MOVEMENT (NDM)
9th July, 2017
Statement
The 6th Anniversary of Independence

On the 9th July 2011, precisely six years ago the world witnessed the birth of the Republic of South Sudan and welcomed it with tremendous Jubilation amid enormous hopes and expectations by its patriotic citizens, and friends worldwide. The realization of the independence through peaceful conduct of referendum was a collective harvest and efforts made by its people. It demonstrated that with unity of purpose this great nation can conquer mountains of adversities with feverish determination and zeal.

The independence represented a golden opportunity for the people of South Sudan to co- exist peacefully, and to determine their political, social and economic destiny in a stable federal democratic state. It was regarded as the final logical conclusion to one of the longest wars of independence in the African continent. A permanent divorce from the turbulent past that was characterized by violence; gross human rights violations; corruption, impunity and dictatorship.

However, as the nation marks the 6th Anniversary of its independence, a destructive civil war is raging; the economy in ruins, social fabric destroyed, and the country is on the verge of disintegration with no glimpse of hope on the horizon. The Ethno-centric and Kelptocratic regime of Kiir and the ruling SPLM party with its varying acronyms are responsible for the economic, social and political ills confronting South Sudan which resulted from bad-governance, mismanagement of resources and epidemic corruption.

Today rather than celebrating the Independence Day with great festivity and euphoria that it deserves, the people’s conscious and moral righteousness couldn’t entertain such thoughts while knowing that across the country, on the hills, mountains, rivers an forest many of our people are starving and dying in millions and are seeking refuge inside the United Nations protection of Civilians sites (POCs) or in the neighboring countries.

President Kiir and its SPLM political and military elites failed to provide leadership and to establish democratic governance that is a prerequisite for the construction of a viable democratically stable and prosperous nascent state. Bad, inept and uncharismatic leadership in the country coupled with internal contradictions within the SPLM led to unnecessary political bickering plunging the country into violence and catastrophic civil war since 2013.

The signing of the Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCISS) in August 2015 represented a rare opportunity to salvage the country from the eventual collapse and provided hope and optimism to the civil population for durable peace and building of a prosperous economy which was destroyed by the civil war. Unfortunately, President Kiir was never interested in implementing the August signed Agreement on the Resolution of the Conflict in the Republic of South Sudan (ARCSS). He immediately embarked on a scheme to derail and frustrate the implementation of the Agreement by issuing decrees that were in contravention of the letter and spirit of the ARCISS, culminating in a military confrontation with his main partner to the August Agreement resulting in the collapse and the clinical death of the Peace Agreement. Since then the war has spread all over the country; a natural reaction to the tyrannical and dictatorial regime of Kiir and his Jieng Council of Elders.

The humanitarian situation in South Sudan is dire aggravated by the fact that the government is using food as a weapon and wide spread famine is looming across the county.. Economy is on the verge of collapse as the inflation in South Sudan has reached 900% rendering the currency worthless. Furthermore, the civil servants and soldiers are going without salaries for months, our diplomats are barely surviving and many embassies are facing imminent closure due to lack of rent payments. The state of affairs in the country is deeply troubling in light of soaring cost of living, steady decline in the education and health sector, a staggering number of unemployed youth, rise in crime and violence in Juba and all over the country. While the few corrupt tribal elites continue getting richer at the expense of the destitute majority population, and spending monies on purchasing weapons, women, orphans and the elderly are without food, medicine and shelter. South Sudan now ranks the first in the Fragile State index. The ruling minority clique in Juba and their shady business associates have built a strong kleptocratic system through which money is embezzled, laundered and siphoned out of the country into foreign bank accounts.

The National Democratic Movement (NDM) would like to make it crystal clear that the myriads of challenges confronting our country, South Sudan can’t be resolved through military victories as the dictatorial government in Juba assumes, but rather through a people-centred negotiated peace agreement. Any envisaged peace talks must be inclusive in its nature and scope with wider participation of all stakeholders and address the root causes of the conflict. Presently the August Agreement of the Resolution of Conflict in the Republic of South Sudan has totally collapsed and hence the need for a new political process to stop the unnecessary bleeding, forced displacement, hunger and gross human rights violations becomes exceedingly urgent. Your movement will strive and hand in hand with other like- minded opposition groups to restore the dignity and pride of our country by utilizing all the necessary revolutionary tools at its disposal. On this auspicious occasion, we wish our people well hoping that next year will find our country enjoying genuine peace and stability.

Long live the struggle of our people

Long live South Sudan A luta continua

Amb. Emmanuel Aban For/ the Spokesman
The National Democratic Movement (NDM) Email: ojwokj@hotmail.com

Gen. Paul Malong Awan: A No Nonsense Man who’s Neutered?

By Kharubino Kur Bol, JUL/13/2017, SSN;

The fall of Gen. Paul Malong from the corridors of power to house arrest perfectly defied an apothegm that goes, “the bigger they are, they harder the fall.” Malong was not just a powerful military figure, but he was believed to be the de facto President of South Sudan.

His relationship with the President is dated back 30 years ago. Rumors have it that the once powerful Gen. had once swaggered about his close ties with the President, “I am in Kiir’s throat, he can’t swallow me nor vomit me out; we are intertwined,” brags Malong.

However, his untimely fall left a lot to be desired and we all look forward to seeing pathologists coming out to tell the country the postmortem results of the dead ‘intertwined relationship.’

Ho yes! Amb. Telar was the government’s chief pathologist sent to Malong in Yirol. Can you please tell us something?

Speculatively, the Malong’s superiority complex is among what caused the death of the intertwined relationship.

If there was a great paradox in Kiir’s government, do not think of Micheal Makuei, it is Gen. Malong. He embodied what government supporters need and what they do not need.

He palls the people with equal ease, he charms them to support the government. He influenced major presidential decrees; he fixed his people in every angle of the government, and commanded huge followers than Kiir within the Dinka tribe.

He walked out of Freedom Hall in protest when President Kiir signed Compromised Peace Agreement in 2015. He accepts the truth and rejects the false.

He talks black and white. He is a no nonsense man.

With that charisma, Malong did not know that he has broken law number one of the 48 commandments of power by Robert Greene. In his book called “48 laws of power,” law number one says, “Don’t outshine your master.”

Malong outshone the President and he is neutered.

In his recent portfolio as an army chief, an influential position that some Generals used to breach the constitution and ascend to the presidency by coup, Malong did not strictly stand on the side of law; but stood against anyone who sought to take political capital through the bullet; stood against anyone who sought to kill the citizens and abrogate the constitution.

However, he almost brought to an end the rebellion of Riek — and indeed lamed the rebellion. President Kiir un-deservingly humiliated him at wrong time on illogical accusations concocted by gossip mongers.

To be fair, Gen. Malong was not everyone’s cup of tea. He is a ruthless military leader who believes that the war can be fairly won in the battlefield rather on negotiation table. And this belief earns him thousands of supporters.

The gossip mongers accused him of overflowing ego, Presidential ambition and offensive management of power.

However, with that rank (LT GEN.) of his and his previous experiences in politics, he is already in politics and politics does not often go without ego and ambition. Less than that, you are ordinary.

They also accused him of overstretching his hands farther than they were meant to be, and biting off more than he can chew.

Leave it or take it, Malong has won the admiration of many South Sudanese especially when he heeded the calls of his friends and the hoi polloi to return to Juba. This is a rare demonstration of leadership.

Though he was ignominiously neutered by the President and intimidated by some junior officers, Malong accepted to come to Juba for the interest of South Sudanese irrespective of their tribes and political affiliations.

With his unabated leadership aplomb, Malong didn’t lambast the government for placing him under house arrest nor did he forcefully demand for his release to go for medication in abroad. He is just suffering in a silent mode.

Do not shoot the messenger — I am just telling you the truth. Malong Awan is not AWAN. Malong knows ‘LONG’, he stands and lives by ‘law’. He is not as sly as fox; he knows law as Justice Chan Reech Madut.

He is a good and honorable man. He is temperate and thoughtful. He is not a power hungry dude. His demeanor shows a man who understands the laws and cannot misuse the army to advance his political interest___, which I believed he has none.

He does not throw bombs, or speak haphazardly and his recent serenity not to respond to reckless and antagonizing statements uttered several times by the government against him bears the witness.

As a soldier, he is a follower of Sun Tzu, a famous Chinese military strategist who taught his followers to choose their fights carefully; Know whom they are fighting and why.

In addition, know their options in fight. Therefore, Malong did not choose to fight and that is why he returned to Juba in defiance of all odds.

His exit from Juba had shaken the whole nation to the core and put all people in panic.

However, the patriotic Malong was not scheming for rebellion but to let the country know that the President is being held hostage by the gossip mongers and is running the country under their influences.

It is clear now that the witch’s brew of gossiping in J-1 will sooner than later throw South Sudan into the abyss.

On 12th of May, President Kiir unwittingly accepted that he embraces the rumors more than realities. “I was receiving reports about Malong almost every hour of people telling me things which I knew Malong was not doing. This was becoming a routine talk and it was like I was not listening to them,” Kiir cacophonously added.

“I made the changes because I wanted to see what the people coming with reports about him will have to say again.”

This misbegotten practice by our politicians to gossip against their colleagues in order to register their allegiances and trust of the President is primeval politics of 21st century. Nevertheless, it is the perceived reality in the SPLM.

The President sacked Gen. Malong because of this kind of politicking. This gossipy political creed will set this nation on the precipice if the President does not discard it soon.

However, the President seems loath to learn from his astronomical blunders of embracing gossiping. He drops a clanger after a clanger, and learns nothing. The blunders of 2013 should have served as his lessons.

In conclusion, today Gen. Malong is two months old in Juba under house arrest since he returned from Yirol. It is now upon President Kiir to genuinely reconcile with Malong, forget the past and move on.

Or else, he keeps Malong under house arrest till he, Malong, sneaks out of Juba and uses his detention as an accuse for launching a rebellion.

It is true that in politics, there is no friend but an ally; President Kiir should bring Malong back into government and teach him the table manners.

The writer is reachable via kharubino83@gmail.com

The South Sudanese Former Detainees (FD) are just Spectators of the ongoing conflicts in South Sudan

BY: John Adoor Deng, Australia, JUL/10/2017, SSN;

The South Sudanese Former Political Detainees (FD) also referred to, as G-10 are not, in my view, helping in the flagging situation in South Sudan, although I was initially, to some extent, their mild supporter right from the onset, when they were in jail. Readers can attest to the article I wrote, published in South Sudan news sites where I referred to them (FD) as biblical Meshach, Abednego, and Shadrack who survived the wrath of the Babylonian king.

Unlike the Israelite resilience men who stood the great temptation of the time and feared none, the South Sudanese Former Detainees are just spectators of the ongoing conflicts in South Sudan.

Upon their painfully release, they cowardly turned their backs to those who fiercely and fully advocated for their release including Dr Riek Machar, Madam Rebecca de Mabior and all South Sudanese who fought hard mounting pressures to condition their release, alive and healthy.

Unfortunately, on their release, they miscalculated events at hand thinking that they will through this crisis take on the leadership of the country. They had believed that the region and international community would rein in to install one of them as a leader has not facilitated in the conflict.

In their view, Kiir and Machar were going to be bad people in the eyes of the international community. Of course, circumstances have now taught them otherwise, Dr Machar, despite difficulties facing him each day has continued to grow in his popularity and so is President Kiir’s tact in Juba despite declining public support for him.

Thus, I have come to realise after a lengthy look at their daily utterances how they wanted to remain as separate political unit called FD or G-10 without playing an active part in bringing about peace to the Republic of South Sudan.

In my view, they are a failed, insignificant forum who wanted to be regarded as “holy men” who played no part in the conflict, forgetting that they ironically work harder to ignite this conflict in the context of the press conference of the 6th of December 2013.

In its entirety, this forum (FD/G-10) should not continue to exist, they either disintegrate or join one party among the current political actors (NAS, IG, IO Bush, IO Juba and other political and civil forces) helping in trying to wage peace in the country.

The reasoning here is widely informed by the following:-

1. FD or call them G-10 have no central position. They act in some forums as a solid body but in other forums, as distinctive particles to each other. For example, we have seen how a portion of them rallied behind a position that calls for UN 10-year Trusteeship of South Sudan. On the other hands, we have seen those of Dr Majak calling for regime change through the installation of a Technocratic Government (TG) while their allied Foreign Minister Mr. Deng Abor, is on their opposite selling President Kiir’s policies and exerting no solidarity with his colleagues in the diaspora.

2. They exerted no influence, internally or externally, but are a bunch of lonely disgruntled leaders trekking in the bushes unarmed. Internally, they have no sizable following among the South Sudanese both in the diaspora, displaced and inside South Sudan. Externally, they have become lobbyists like a civil society with no significant gain. For example, they have hosted numerous meetings with regional leaders, international bodies but nothing so far has materialised in their favour.

3. They are an exclusive forum; in that, nobody can join them unless one was jailed with them in Juba, they have no agenda and a suitable platform to engage South Sudanese who are thirsty for meaningful political dispensation.

Although most of them have a fascinating historical background in terms of their sacrifices in the 21 years conflict, they have in recent development become politically ambivalent and opportunistic.

In order to redeem their good selves, the FD must rethink their political position or opt to become what the Dinka people call “Jong Abuthic”, meaning a dog who waited in hiding for an offer that never came through till it saw its death shadow. END

The Writer is John Adoor Deng, Author of the book entitled: The Politics of Ethnicity and Governance in South Sudan. He can be reach on dengjohn780@gmail.com

Not Yet Happy Independence of South Sudan

By: James Okuk, PhD. JUBA,JUL/10/2017, SSN;

July 09th every year marks a significant Day for Declaration of Independence of an additional country in the world that made the 193rd UN full member and 54th AU recognized brother/sister.

The first launching occasion in 2011 was jubilantly a thrilling event to the admiration by all, South Sudanese and foreigners alike, as they sang the dignified sacrifices of past liberation struggle as well as the expected future glory from hopes in dividends of “the land of great abundance” united in peace and harmony.

The following first and second anniversaries of such a rare Great Day in 2012 and 2013 were still euphoria despite the economic austerity measures that resulted from oil production shut-down by Juba due to bad politics with Khartoum, the conduit of its crude piping and marketing to international outreach.

The strength of the South Sudanese Pound was still competitive and attractive for business and purchasing power of the active citizens. The Bank of South Sudan was capable to have amounts of hard currency reserves from oil business incomes and remittances from donor countries and other foreign friends/partners.

Daily lives of the people was basically dignified and without serious political, economic and social hardships. Many of them ventured into successful micro-economic functions and they were happy.

Alas! The bad regrettable times for South Sudanese got launched by the destructive conflict of the SPLM/A leaders and their supporters in December 2013. From then, neither the Christmases, the New Years, nor the Independence Anniversaries (2014, 2015, 2016, 2017) were meaningful to the majority of South Sudanese whose livelihoods got disrupted by ‘un-conscientious’ politics and abhorrent bad economy of the antagonistic selfish civil war.

Instead of leading their people wisely with collective enjoyments of the hard-won and deserved blessings of “land of great abundance” built firmly on sustainable peace foundation of its Eagle Vows (of Liberty, Justice and Prosperity), the power greed of South Sudanese leaders relapsed the country into a despairing and disgusting “land of great abandoned” disintegrated by massive displacement and unprecedented refuge of the population in the neighbouring countries.

The worst is for the government in Juba to abandon all-together the official celebration of the very national independence that gave it the power it has now.

Put under critical prism in regards to provision of basic life amenities and upholding of human rights, South Sudan can almost now be called “Republic of NGOs” surviving on mercy of foreign humanitarian sympathy and moral obligations of the natural law (enforced by human conscience).

Whoever is persistently proud in leading or wanting to lead such an abandoned powerless embattled country, must be a beast or a Lucifer who thrives on blood and suffering.

According to modern political definition a viable state is nothing much if not the integration of legitimate and sovereign land, people, government and international relations.

Evaluating keenly the 6th Anniversary of the Republic of South Sudan, we can evidently see the biggest challenge of abandoned land (surface, underneath and sky) with no utilitarianism.

We have also witnessed the conduct of government and opposition that have failed to protect the civilian population from grave bad news, and consequently the alarming displacement and refugees exodus.

Weakening/Isolating international relations and criticism has put South Sudan into top list of undesirable countries against good governance and sustainable development indices/perceptions.

Though famine has subsided for a short respite imposed by the natural grace of the rains season, yet hunger is still a hanging stick on many households, mainly due to man-made insecurity from havoc on population by the “gun-class” who are currently leading the monopoly of violence. The Responsibility-to-Protect is seen nowhere.

This abhorrent irrational civil war situation, if allowed to continue for some more bad times ahead, could become the un-making of the Republic of South Sudan. It adds to the evidence of Daron Acemoglu’s and James A. Robertson’s 2012 Book ‘Why Nations Fail’ when they fail from establishing institutions that keep the fundamentals of the origins of power and prosperity, and when they are incapable of addressing the recurrent abject poverty of their citizens.

It also validates freshly the facts/values of Peter H. Schuck’s 2014 Book ‘Why Government Fails So Often’ when it operates without realistic people-centred goals; worst acting ineffectively on morally hazardous policies, domestic and foreign.

The hot case in point as we officially un-celebrated the independence anniversary is the push by some heartless decision-makers in economic sector to lift the subsidy on the strategic fuel prices. Their flawed superficial argument is that South Sudan has become the fuel cheapest country in the region and the world at large.

But have these uncaring elites asked themselves the core question: What is the current price of an ordinary South Sudanese, especially those hired by the government, compared to that of the people of the region and the world?

As the real economy is supposed to be centred on the people (not mere marketing competition of commodities values of pricing calculus), especially the ordinary citizens, the answer to this question should form any prudent decision on the current fuel subsidy.

By the way, maintaining the fuel subsidy is the good thing so far the current government of South Sudan in Juba has done to the remaining resilient citizens living patiently in its controlled territory. Hence, removing fuel subsidy shouldn’t be attempted at all before the current poverty of our people is addressed first so that their normal purchasing power is back as it used to be.

South Sudan has been living under abnormal hardships of war and no culture of peace. It can’t afford any experimental comfort-zoning and theorising of elites on free-market economy. A war-torn country needs controlled and planned economy that supports the welfare of its suffering ordinary people.

Lifting fuel subsidy could become the final straw that will break the remaining camel back, perhaps, as it may spike “Fuel Revolution” akin to historic French “Bread Revolution”. Also blaming climate change for our current economic woes is misplaced argument.

The uncaring rich government’s top officials who spent millions of dollars on trips abroad should become sensitive to plight of deprived common citizens, the inevitable power house of South Sudan.

Despite the disappointments with current status of keeping the Republic, it is not yet too late to build a South Sudan that can last but with avoidance of “grand political corruption” from the behaviour/conduct of “our turn to eat”.

The political coalition and patronages who have captured the state or struggling to do so should reverse their gears and re-drive to the current IGAD’s and Partners’ move to revitalise fully the 2015 Addis Ababa Peace Agreement (ARCSS). END

Equatoria Community Leaders in Diaspora Condemn the Threats against Equatorians Working with International NGOs in Bor

PRESS RELEASE:

The Equatorian Community in Diaspora condemns, in the strongest possible terms, the threats by the Dinka Bor youth against Equatorian South Sudanese working with non-governmental and international humanitarian organisations in Bor.

In a letter dated 28th June 2017, allegedly from the Bor Community Youth Association, a threat against Equatorians living and working with NGOs in Jonglei State was issued with a 72 hours (3 days) ultimatum.

The letter, addressed to UN OCHA (through ‘state RRC office’), demanded that all the NGOs and Community Based Organisations (CBOs) evacuate their Equatorian staff from Bor. This was followed by a second letter dated 3rd July 2017, warning of imminent danger of attack against Equatorians in Bor.

Unconfirmed reports on the same day (3 July 2017) indicated that the first casualty had happened, involving Equatorian staff working for ICRC and that UNMISS has commenced collection of Equatorians into UNMISS compound.

This sinister warning, crude though it is, should not be taken as an idle threat, and should be summarily condemned by the International Community and the government of South Sudan held accountable for anything that happens to the targeted staff.

We hold the government of South Sudan responsible for this violation of basic human rights for allowing this threat to materialise.

It suggests that, at best, the government is unable and/or unwilling to act to prevent this threat from occurring, and to arrest those propagating this threat and hate incitements against South Sudanese citizens who are delivering vital and life-saving services and aid to the very people threatening to kill them.

However, at worst, we cannot discount that both the government in Juba and the state government in Bor are tacitly supportive of the uncouth actions of the Bor youth. The government’s record (through the tribal army and allied militia) on targeting and murdering non-Dinka ethnic groups in South Sudan speaks for itself.

We welcome the statement from the Jonglei State Government condemning the letter by Bor Youth. However, it has not gone far enough and failed to take action to arrest those behind the threat letter.

It is well-known that the recruitment practices of these NGOs and CBOs are generally transparent and meritocratic. The Equatorians currently working in Bor have been selected for the job based on merit.

They are there to help the people of Bor, and have no intention of occupying the land or bullying the people of Bor, unlike what the government is encouraging the Dinka militia to do in Equatoria – using state resources and power.

The hostility towards these innocent Equatorian humanitarian staff working with NGOs in Bor amounts to rejection of the work of all the international NGOs currently operating in Bor.

We urge these NGOs and CBOs to suspend their operations if the government is unable to provide security for their staff.

These actions and behaviour are not without precedent. The recent arming and encouragement of the Bor youth (by elements in the government) to go and attack other ethnic groups, notably the Murle in and around Pibor and the Mundari, are still fresh in people’s minds.

This orchestration of violence and destruction in Equatoria by rogue elements of Dinka Bor community in the SPLA and government is well-documented.

Having been welcomed and accommodated in Equatoria as fellow compatriots following their displacement by the government in Khartoum during the long war of liberation, these rogue elements in the community proceeded to forcefully occupy/expropriate land and bully and murder the locals – all this with the full support of high ranking members in the SPLM/A.

They have continued to abuse and kill the indigenous people of Equatoria to this day, with full military support from the tribalized SPLA and allied militia.

In summary, they have caused untold suffering on the people of Equatoria, including displacement and forcible expulsion into foreign lands. This government policy of forced occupation of land in Equatoria, and indeed other parts of South Sudan, guarantees perpetual conflict and enmity between the Dinka and Equatorians, and indeed all the ethnic groups in the country.

No amount of reconciliation or national dialogue will resolve this problem and bring permanent peace until the situation is reversed.

Implications and the Way Forward

It is unacceptable that South Sudanese citizens who are providing life-saving aid and services, at great personal risk and sacrifice, are threatened in this way by the very community they are trying to serve. It is also apparent that the actions of the Bor youth are condoned and/or approved by the state government and, by extension, central government in Juba.
1. We therefore request UNMISS to provide robust security to all Equatorian staff working with NGOs in Bor and other areas of South Sudan, and transport them back to Equatoria immediately if necessary.
2. We also request that these NGOs suspend all their operations until the government takes action against the group that issued this letter and guarantees the safety of all their staff, irrespective of origin or ethnicity.

By Equatorian Leaders in the Diaspora
Date: 5th June 2017

Mr. Federico Vuni, Chair, Equatoria Community Organisation in the UK
On behalf of Equatoria Community Leaders in Diaspora; Email: federicovuni58@gmail.com

Kiir’s Army attack Lam’s NDM Forces at Gongbar, near Renk

THE NATIONAL DEMOCRATIC MOVEMENT (NDM), 5th July, 2017

The ethnocentric and dictatorial forces of Juba regime today at 6:17 A.M. 5th July, 2017 mounted unprovoked attack on the position of the National Democratic Forces at and around Gongbar northeast of Renk.

Our gallant forces defended themselves and fought bravely giving the enemy a bloody nose. The enemy attacked using four (4) cars supported by heavy artillery.

In the battle the National Democratic Forces inflicted casualties on the enemy, destroying one car and pushed them back to where they came from.

This cowardice attack on our position comes barley few weeks since the announcement of ceasefire by the inept and dictatorial regime in Juba which is pretending to be implementing the so-called National Dialogue.

The attack has exposed the plentimento behind Kiir’s intentions. The regime in Juba is deceiving the region and the international community that it is pursuing peaceful means to bring to an end the raging civil war, while in reality it has decided to use military and brutal force against its people.

The National Democratic Movement (NDM) would like to seize this opportunity to assure the people of South Sudan that your movement is strong, vigilant and well placed to achieve the final blow against the forces of dictatorship and tyranny.

Honor and glory to our martyrs and their sacrifices shall not go in
vain.

Long live the struggle of our People
Long live South Sudan
A luta continua
Amb. Emmanuel Aban
For/ the Spokesman,
The National Democratic Movement (NDM)
Email: ojwokj@hotmail.com

Daniel Awet lets the cat out of the bag: Jieng cattle-camp mentality

BY: Prof. Peter Adwok NYABA, Ph.D., JUL/02/2017, SSN;

It isn’t possible that people who’ve been struggling together against a common enemy for nearly six decades could turn in the end against themselves as if nothing strategic bounded them. Many people in the civilized world find it difficult to comprehend South Sudanese leaders’ attitude towards their country and people.

South Sudan has been at war since 2013 in which more than half a million people perished; four to five million South Sudanese dislocated from their natural habitat and are living in the forests, swamps, in UNMISS Protection of Civilians Camps or in Refugee Camps in Sudan, Ethiopia, Kenya, Uganda and the DR Congo.

Famine and diseases like cholera and malaria are taking their toll on the people in towns and villages. Internecine fighting over grazing and cattle rusting still claim lives in the erstwhile peaceful Dinka territories.

In its current social, economic and political configuration, South Sudan depicts a complete breakdown of state and a recoil to what the world was in the Stone Age era.

Not that many of us did not know the consequences of this Jieng parochial vanity, but we had hoped the logic and imperatives of constructing a state in modern times would impel prudence on the part of these Jieng chauvinists to prevent backward drift towards savagery.

In a talk to the so-called ‘lost boys’ on 9 June 2017 in Syracuse, NY, transcribed and posted on the Facebook, Hon. Daniel Awet Akot, in his usual ingenious honesty, let the cat out of the bag.

On piecing together the threads of Awet’s clumsy presentation, it was possible to decipher and explain South Sudan’s current predicament.

Mr. Daniel Awet Akot was a subsidiarity to the SPLM/SPLA Politico-Military High Command. In his own words, he is one of the six surviving members of that defunct body, which adamantly shunt ideological orientation and political education to raise the social awareness and political consciousness of the SPLM/SPLA cadres, combatants as well as the masses of our people during the war of national liberation.

He is a member of the Jieng Council of Elders (JCE) and advisor to President Salva Kiir Mayardit. Therefore, Daniel Awet was acting in that capacity to convey official policy to the Dinka Diaspora.

The JCE comprising the Jieng political, military and business elite is the driver of Jieng ethnic nationalism and its ideology of hegemony and domination, which is an important driver of the raging civil war.

Daniel Awet’s talk to Dinka audience in the USA could not have come at an opportune time and therefore warrant serious attention and response.

Most of his talk impinged on policy issues aimed at engineering a false reality that only the Dinka fought for the independence of South Sudan. That all the nationalities in South Sudan, including our regional supporters, contributed in one way or the other for the independence of South Sudan goes without saying. It is therefore unjustifiable to continue to hammer this falsehood.

The message Mr. Daniel Awet delivered was not in any manner a revelation. The people of South Sudan including some Dinka compatriots have painfully been enduring the atavistic behaviour of the JCE only to enable the people of South Sudan to exercise the right to self-determination and achieve sovereignty.

The dull chauvinists fail to grasp the reality that constructing Jieng ethnic state, tantamount to imposing a primitive ‘mode of production’ and archaic ‘relations of production’ on the people of South Sudan, is not only moribund but will also inflict immense suffering to the people.

The politics of exclusion, discrimination and marginalization led to dismemberment of the Sudan

The JCE, rather than the SPLM, constructed a system of governance akin to the cattle camp governance in accordance with the rule of the thumb.

The cumulative effects of this governance system, whereby Jieng community leaders occupy senior positions in the executive, legislative and judicial organs of the political establishment, which outwardly occur as tribalism, nepotism, corruption, inefficiency, incompetence, impunity, insecurity and finally the civil war, have plunged South Sudan into the abyss.

This is not a system Mr. Daniel Awet or any sensible individual would advocate for in a place like New York.

The Jieng social system or mode of production – pastoralism – upon which the JCE would want to model South Sudan state, lies at the lowest level of human socio-economic and cultural development. It would constitute a serious contradiction in the age of science and technology.

As an acephalous society, the Jieng are in a state of perpetual segmentation and therefore never evolved a tradition of indigenous statehood or centralized authority.

Therefore, the attempt to impose Jieng hegemony and domination by physical force will historically parallel the destruction of the Roman Empire by the primitive tribes of Northern Europe and Scandinavia sometimes in the medieval ages.

One aspect Daniel Awet admittedly attributes to Jieng model of governance is the corruption in the government of South Sudan since its inception in 2005. No government would tolerate the theft of a staggering figure of US$25 billion.

However, that nobody has been taken to the courts of law means that this theft came in the context of Salva Kiir’s project of economic empowerment of Jieng individuals and businesses christened ‘payback time’.

The ‘dura saga’, the ‘Letters of Credit saga’, the ‘crisis management committee saga’, the ‘Nile Pet saga’ and the ‘theft in the Office of the President saga’ all link to Jieng individuals and businesses.

The JCE undertook this enterprise to achieve Jieng politico-economic hegemony and domination by combining the control of political and economic power.

The JCE leadership of South Sudan produced a totalitarian dictatorship, whereby President Salva Kiir governs by decrees.

Unlike some benevolent totalitarian regimes that generated socio-economic development, JCE totalitarianism triggered civil war, massive impoverishment of the people of South Sudan and the bankruptcy of the state.

The reason is simple; being a backward class, in terms of primitive mode of production, they did not plough into productive enterprises the billions of dollars they stole; instead stashed it in foreign lands in the form of real estate, cash in banks, luxuries cars or froze this money in form of cattle. The huge herds of cattle in Equatoria is contributing to ecological degradation and environmental pollution.

The kinship nature of the JCE modality of state in respect of those opposed sprouts in Daniel Awet’s diatribe reflecting a conversation with Mama Rebecca Nyandeng de Mabior. His question, “are you now ‘Maan baai’ or ‘Man baai’, transliterating to whether Madam Rebecca de Mabior is a ‘mother’ or ‘enemy’ of the Jieng nation’.

This thinking encapsulated a social psychology – herd mentality, typical of kinship mode and relations of production that equates dissent with treachery.

This explains why many Jieng intellectuals opposed to the JCE will never speak out against it openly lest they suffer social boycott.

I hope my Padang Dinka compatriots will rubbish off Mr. Daniel Awet’s falsified knowledge of Chollo (Shilluk) history.

His reference to the so-called national dialogue (ND), ostensibly as the forum where the Jieng would raise issues with others, speaks volumes.

Like the Establishment Order 36/2015, with which the JCE torpedoed the agreement on resolution of conflict in South Sudan (ARCISS), I believe the so-called ND will be another JCE ploy to coerce the other South Sudan sixty-three nationalities into accepting Jieng hegemony and domination.

It is likely that the anticipated recommendations would translate into Jieng communities and their cattle herds unlimited access to land in Equatoria and Western Bahr el Ghazal, which underpins the current land grabbing and dispossession of communities of their ancestral lands inherent in redrawing of boundaries as per Establishment Order 36/2015.

Mr. Daniel Awet went at some of the SPLM Leaders former political detainees speaking of them disparagingly smacks of unveiled deep-seated jealousy. His pinch at Dr. Lam Akol and Dr, Riek Machar describing them as “two nyagats”; was uncouth as it was a hit quite below the belt.

Speaking of SPLM reunification, and the Arusha Agreement between the three factions [IG, IO and FPDs], signed on 21 January 2015, nothing could be more insincere.

First, the formation of the JCE consigned the SPLM to the dustbin of history, which was its raison d’être. The idea of forming ethnic caucuses in the executive and legislative organs of the government as well as ethnic and regional associations and unions in the schools and universities was to undercut the SPLM and render it dysfunctional.

The SPLM reunification, now the Entebbe process, is something different. Its contours run around certain individuals among the FPDs, which links to Salva Kiir’s quip, “what I will regret till my death bed is that I did not kill the former political detainees”. The task of the process technical advisor is to ensnare to Juba the FPDs such that Salva Kiir may have a chance on them. They should watch out.

Having discoursed Awet having let the cat out of the bag, I want to pause and ask ourselves whether the desire to erect a Jieng ethnic state in South Sudan is worth the suffering, sacrifices, tribulations and the agony the people of South Sudan are experiencing daily and a possible dismemberment of the country?

Author
Dr Peter Adwok Nyaba

Dr. Riek Machar’s Detention: Why South Africa returns to its dark moment?

By Dr. Gatluak Ter Thach*, USA, JUL/01/2017, SSN;

In June 1961, African National Congress (ANC), the current Republic of South Africa’s governing social democratic political party’s executive, considered Nelson Mandela’s suggestion on the use of violent tactics and agreed that those members who wished to involve themselves in Mandela’s campaign would not be stopped from doing so, and this led to the formation of “Umkhonto we Sizwe,” a violent force—and because of that group, Nelson Mandela was arrested in 1962 and sentenced to five years of imprisonment with hard labor.

From 1964 to 1982, Nelson Mandela was incarcerated at Robin Island Prison near Cape Town, and while in prison, his reputation grew for positive change in South Africa whilst he communicated with his supporters.

Like South African’s Apartheid Movement had done to Nelson Mandela, the current South Africa governing political party (ANC) is doing the same thing now to an innocent South Sudanese political leader, Dr. Riek Machar in South Africa.

There is a speculation that South Africa’s Deputy President, Cyril Ramaphosa, has a deal with the South Sudanese regime to retain South Sudanese’s opposition leader on an assumption that keeping him away from returning to his country will empower his political opponent to bring to an end the crisis in the country. (http://www.reuters.com/article/us-safrica-southsudan-exclusive-idUSKBN1421YZ).

It is a human rights violation to impede individual’s political and civil rights. In the International Covenant on Civil and Political Rights, resolution 2200A (XXI) of 16 December, 1966, in accordance with Article 49 of the Universal Declaration of Human Rights, “the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights, considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms, ” (ICCPR, 1966).

It is an insult as well to deny someone his rights of travels, because of a monetary compensation. (https://africanspress.org/2017/05/24/breaking-news-2-millions-dollars-receives-by-south-africans-embassy-in-washington-to-keep-dr-riek-machar-in-south-africa/)

Dr. Riek Machar is an opposition leader with an overwhelming support in the country. It is a mistake for the South African governing party and the international community to think isolation as such would bring a lasting peace in the country.

Like Nelson Mandela, who believed all South Africans can live together regardless of their political, economic and ethnic differences, Dr. Riek Machar believes peace can be achieved in South Sudan if everyone does his or her part.

Dr. Riek Machar went to Juba, South Sudan Capitol in 2016 while his supporters and sympathizers did not trust his political opponent and believed he was risking his life for an unimplemented peace.

In spite of official denial by South Africa’s deputy president Cyril Ramaphosa’s spokesperson of the claims of South African government’s taking bribes from President Kiir’s government, some revealing evidences suggested that South Sudanese’s opposition leader is being blocked from going back to his country on a ransom deal. (http://theinsider.ug/index.php/2017/04/29/south-sudan-pays-south-africa-450000-a-month-to-keep-dr-machar-silent-and-in-a-guarded-premise-in-pretoria/.)

Nelson Mandela would not be pleased if he has to rise up and see what have become of the new South African’s ANC. Mandela changed an organizational system of ANC when it divided people along racial lines and/or involved on different activities.

Mandela joined ANC in 1944 and engaged in resistance against the ruling National Party’s apartheid policies, and his actions got him in trouble, but he finally was able to manage the change he wanted.

When comparing and contrasting leadership competencies, Mandela was a unique human being. Like President George Washington, Mandela held office to practice good leadership, not to hold on to power or involve in bribery business.

Like Washington, Mandela chose to stay on the presidency for just two terms. Had Washington claimed to be a king, or refused democracy, US would be a different nation today.

After Mandela was released from the prison due to international pressure, including pressure from the United States, he plunged himself wholeheartedly into his life’s work.

He strove to attain the goals he and other leaders had set out almost four decades earlier. In 1991, the first national conference of the ANC, since the organization was banned in 1960, was held in South Africa and in 1994, and Mandela was elected the first black president of South Africa.

What makes his example more important to me was his ability to encourage and motivate his followers throughout the world to work for freedom regardless of the situation he had found himself in.

For someone who almost died in jail to gain power and then freely give it back to his people is an extraordinary example for others to follow, and ANC governing party should not do away with Mandela’s core legacy by denying an important political icon in South Sudan his political freedom.

Whether it is true or not, blocking Dr. Riek Machar from traveling and participating in the political process in South Sudan due to the monetary means or whatever will delay the peace process and continue the suffering of the people of South Sudan. (http://theinsider.ug/index.php/2017/04/29/south-sudan-pays-south-africa-450000-a-month-to-keep-dr-machar-silent-and-in-a-guarded-premise-in-pretoria/)

Dr. Riek is the Mandela of South Sudan. He is the remaining hope people of South Sudan still have and believe through him South Sudan will come out of this man-made crisis and become the peaceful and developing nation in the region.

South Africa’s ANC governing party must free Dr. Riek Machar to join the peace process in South Sudan.

I believe South Africa will not solely live up into the lasting legacy of Pres. Nelson Mandela, but it will also continue to demonstrate the great leadership in the African continent for a possible replication.

Author lives and works in Nashville, TN (USA); email: pelkuoth@gmail.com