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GOSS Needs Some
Space: Bari Land Issue
By: Isaiah Abraham,
JUBA
FEB 19/2010, SSN;
This time last week one of my respected brothers made a wild
response to this author on Juba land issues; a situation in which few
elements within that community agreed to poke defiance against the
government of the people of Southern Sudan. The author literally
embarrassed scholars in as much as his insult to the intelligence of
other Southerners. Reading behind the scripts of his writing, one would
find it easier to capture his entire sentiment/intention, that has been
wrapped up in his self service sent to non-Bari across our land.
I thought it would be
fair to keep away replying him, but public-proclaimed lie must be
dispelled in public. Nothing is personal here; we have known each other
through personal contacts and therefore proper to get to the issues
minus him vs. me. Here we go.
First, my sincere
apology to the entire Bari community in case the perception of my last
article touches their very existence. I didn't intend to hurt Bari, they
are good people generally. They have suffered much like other
Southerners for the sake of this land called Southern Sudan. We have all
come a long way together this far, and no doubt they have born the brunt
of Arabs brutality, like others; hence my utmost pitono (apology)
to our beautiful tribe called Bari.
I love you all! You
have been victimized yes, like other communities surrounded by
government, I believe you will forgive me and move on with your good job
of accommodating other Southerners the same way you have done it during
the first war in 1972.
But sometime, like
other communities, there are extremists who want to get ahead of
everyone. I can't forgive those. I have fought them anywhere I find them
among our communities. Thus on that particular writing by that brother,
my eyes stumbled over six intemperate erroneous claims that are
presumptuous over facts on the ground.
He put them together in
an attempt to mask what was boiling up inside about the system in Juba
and individuals/groups he thinks aren't doing right to them first and to
others last. I agree with him on most of his ideas. He had a point only
that he lumps his argument into one damn hogwash that looks
meretricious. That is dangerous for future writers. But why would anyone
nebulously labor to defend his community at the expense of scholarly
confines? There are serious misgivings I need not waste your time.
Let's start quickly
and briefly with the first error. The constitution he has cited that has
allowed community to overstep government doesn't exist. People and the
government aren't distinct bodies; each stands because of the other. The
references he had made moreover didn't add up.
Even if there is that
provision, we had only this fraction in Cap. 180 (2) (7) that reads in
parts 'communities and persons enjoying rights in land shall be entitled
to prompt and equitable compensation on just terms arising from
acquisition of development of land.' What do you make of this provision?
Does it tell you what in relation to government?
The government of our
people (GOSS) is empowered by law to promote good governance,
development and justice, exercise authority in respect to Southern Sudan
and States (Cap 162 of Interim Constitution of Southern Sudan). How can
the government of one state dictate its terms on the representative of
nine other states? The law says the government should do the above among
others, why would anyone expect the government not to exercise its given
authority?
Similar provision is
made in 186 (2) in our Interim Constitution of Southern Sudan (ICSS) and
that of the National Government in Khartoum- the very clumsy one I had
talked above- that reads 'the land owned by the government of the Sudan
shall be exercised through the appropriate or designated level of
government.'
My understanding here
of appropriate level includes Land Commission, and if not what is it
saying? One of the Commission's duties as we know is to entertain claims
at its discretion in respect of land, be they against the relevant
government or other parties (Cap 184, b) of ICSS. Where's Mr. Robert
Lado going to find legal ground to regulate and advice governments, if
we all stop him from taking charge of his responsibilities?
Another legal reference
to Land Commission comes in Item of the same (184) that empowers it to
enforce the law applicable to the locality where the land is situated.
How could the Commission do all that, to the locality, when the local
government refuses to allow it to operate?
Our constitutions like
others in the world have their own interpretations about land ownership.
Ours says the land belongs to the people, yes, no one denies this
assertion but did it stop there and not references other legal entities
on land? No. Then before Comprehensive Peace Agreement (CPA), the
government was free to use/evict communities or develop land without the
consent of the local people (owners of the said land), something still
being practice in the North of the Sudan. The argument after CPA has
clear the way for people incase of any abuse by developers, be it
government or private investors.
I don't think we are
sincere by stopping our own government from building us a stadium.
Government exists because people exist, and the reverse isn't true. If
we take government out of our equation so that people are the government
and not vice versa then we cheat ourselves, because we can't be
government. In simple words, where do we expect the government to build
hospital or schools if we privatize the entire city? What if those who
bought land refuse to give up space for a college, where will the
government erect that institution, can it be built in the air?
The provision (land
belong to the people) to my little understanding was coined to stop
abusers on environmental degradation and others who might deprived the
local people the economic benefits from the land in question. It doesn't
say the government should be denied land when it needs it. What
government does is to assess the impact of developers, regulate what to
do and compensate. That is exactly what GoSS under Mr. Martin Ohuro and
Robert Lado were trying to do. If we say, no to the government, where is
the land for the government on the earth below? People land is
government's.
Second, is the
insinuation in which my learned brother referred to other Southerners as
Juba lovers. What is special that will make other Southerners to leave
their own lands and come to Juba? Non! Juba after all is prone to
seismological impacts, hot round the year and not in the center, why
would anyone love to stay in this city? I thought the author could
accept simple logic that Juba status have changed and no longer for Bari
along; its for everyone. No amount of diversions will erase this fact.
Everyone means
everyone; there is no two way about this word. If it means occupation,
fine. The law is guarantor and a witness to other Southerners. Bari
should forget this notion quickly. Masaai can't claim Nairobi, its for
all other 42 tribes in Kenya; the same is true with others cities around
the world. Time will prove Bari chauvinists wrong.
Wait a minute: what
will attract an ordinary Southerners in Leer County to come to Juba, a
person who enjoys fresh vegetables, fresh fish and milk? Another non!
Could that man/woman come to Juba just to eat grass (mulukiah) and its
hoppers? What makes this man think that Juba is sugar? If it is sugar,
then afraid there is nothing called sugar/sweet!
The existence of
government headquarters therefore is the main reason why others come to
the center (Juba). Take for example Rumbek during Naivasha talks, all
Southerners from across our geographical areas flock to Rumbek and Agaar
community didn't abuse others the same a historian had abused 28 other
Southerners. I don't think this argument has a base; its childish and
absurd, just to say the least!
Third, is the
allegation of land grabbing in Juba. This is buronit (lie) (just
to allow me to use your own language). There could be few incidences
however in 2006, but as I read behind this allegation, its just trump up
political card by the author to discredit certain communities he didn't
want them around Juba. My friend, hate them or like them, we must learn
to live together, our problems notwithstanding. This is a bitter truth.
So, by cooking up a
story to make a point, makes you so small to those who thought you could
help the rotten government of Kiir in its obligations of serving the
people of Southern Sudan. Even if you don't like Dinka and Nuer, there
is no incentive making up unsubstantiated story. In fact no land
disputes or grabbing as such has been reported; few cases at that time
were addressed. It's Bari who are busy selling land to everyone.
Fourth, is
it the peacefulness of the Bari that has enabled almost
all Bari-speaking areas to become trampling grounds for any ego-centric
caricature of a revolutionary with a gun? What does this mean to our men
in uniform? Did they come to Bari land just to trample or to liberate
land called Southern Sudan? What would have made them hold a gun if its
not that noble cause of liberating their land from Arab occupation?
My
brother you need to apologize to our army that have suffered on your
behalf when you decided to go back for your further studies (MA). You
owe us apology man!
Fifth,
it's the height of absurdity! Why would anyone seek to speak of Bari
with much of their land sought to be declared GOSS land to the tune of a
hundred miles in diameter? This is deviation and sheer narrow
mindedness. Who has said Juba land should be declared GoSS land?
What we
have been saying in million words is this: allow GoSS to regulate land
together with you (CES) not CES to regulate it alone!! This is the crux
of all the argument. What makes you think it is absurd when the law
assigns GoSS the responsibility over other authorities? If one thinks
GoSS is something different that should be blackmail, then something
must be queried.
Sixth, is what that
author called principles of eminent domain. I don't know how relevant is
that to our argument on land; that a tribal chauvinist in a certain
group wants us to believe in disregard to authority above it. I have
refused to Google what that entails, because there is nothing 'eminent'
about our principles of working together to regulate land. Land
ownership true has been controversial all over the world; yet there is
no universal principle that applies to all.
The bottom line though
is that people shouldn't be victimized because developers want to do a
project. The customary law per CPA was introduced to underscore these
basic rights for the people. It doesn't stop the government from it
routine duty of development through construction
So what is the point?
Well, as much as someone would be interested in small debate on who owns
what and why, I must here wrap this piece up by this statement: no one
says Bari villages of Gorom, Luri, Bungu, Lobonok, Billanya, Sinduru,
Kondokoro, etc.. are to be handed over to the Government of Southern
Sudan; or their villagers evicted. That is not the point and we can't go
about it trying to find a ground.
The right of our people
there is guaranteed by law. The summation nevertheless is the need to
have GoSS work along side the government of Central Equatoria State on
land. This is critical because experiences show incidences of locals
refusing to allow GoSS to build a project, because land has already been
sold/privatized.
GoSS shouldn't be made
to wait indefinitely, it has to start urban activities that are done on
land. GoSS needs some respect!
Isaiah Abraham lives
in Juba; he is on Isaiah_abraham@yahoo.co.uk
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Bari:
Don't treat other other southerners like second class citizens
BY: Isaiah
Abraham, JUBA
FEB 9/2010,
SSN; Juba, being the capital of our emerging nation, is by no means
a place for every Southerner from every corner of our beautiful land.
The law says it plain, so does common sense. Interim Constitution for
Southern Sudan about land ownership however empowers land owners.
Before the
Comprehensive Peace Agreement (CPA) the land was for the government and
after the CPA it is made to be under the community. There was a problem
there. I don’t know what was in the mind of the authors of that law when
they came up with that clumsy clause. But the piece (clause) has
literally been contextually twisted to mean that the land isn’t a shared
property, rather it is solely a community owned thing.
So in our case,
the Juba land per that conception belongs to Bari people (if you may
allow me later here to use the word ‘Bari people’ to address few among
Bari community). By their interpretation therefore, Bari people have the
right to accommodate or deny land to anyone anywhere in that land
(Juba).
Now we have a
land that is made to be the place for everyone (capital city), yet its
land distribution is exclusively left to local owners to dish it as they
will; how do you make of the Government of Southern Sudan urban
planning, where is it gonna be done? How will the two plans for the two
governments going to look like?
The capital city
Juba hosts the county, State and the national headquarters, who do you
imagine in that arrangement will listen to whom? Each pulls the strings
of having authority over the other, do you read trouble in the making,
the same way am seeing it? By going through rigorous procedures of
application writing that passes under a Bari pot-belly men at their main
office adjacent to Equity Bank in Juba, those who rarely turn up before
11 am, something is terribly wrong.
I believe anyone
who has seen the Memo of 2007 between GOSS and the Government of Central
Equatoria State (CES) undoubtedly would question the so-called draft
agreement, where the two are made to share everything except the land.
Recently the Minister of Land (GOSS) moved a directive against
self-serving officials at CES land offices to surrender responsibilities
and books on land to GOSS Land Ministry or its Commission, but the
directives were ignored and the truants in question are staying put,
doing business of land distribution to their clients as usual.
The question that
comes begging is: what makes Bari people think they can operate outside
the premises of legal framework of our National Government Statutes (GoSS)?
They have refused more than once and defying anything that come from
their mother government, how do you make of this? It happened in 2006
and 2007 and they are at it again in 2010 on the same, why would the
mighty GoSS go on its knees begging Bari on this matter year in year
out? Isn’t the CES part and parcel of GoSS?
If yes, then why
are they allowed to play with the minds of other Southerners? Don’t they
(other Southerners) have the right to stay in their capital city?
Sincerely and not to waste your time beating around the bush, Bari
people are undermining supreme government and are mistreating other
nationalities in the capital city here (Juba) for no apparent reason,
something the government of the people Southern Sudan must critically
look into. Martin Ohuro Okerruk (GoSS Land Minister), saw it and was
eager to put it to an end. Am specifically talking here about land
unfair distribution, and the fact that recalcitrant Bari people have
taken advantage of Garang’s land policy into something different that
have disadvantage other Southerners.
There is stark
segregation on land distribution in this city, something someone can
deny but I have cases of individuals who are non-Bari who went through
such an ordeal. Mr. Robert Ladu Benjamin, the land boss knows it full
what other Southerners are saying against his people. He’s trying his
best but that is farthest he could go given the tough hands of his Bari
people on land. This is serious and I thought Juba people could have
learned from Rumbek, Yambio and Bor towns where such things were (are)
common. People there are difficult indeed; every piece of land has its
owner. There are areas not accessible or allowed to non native, and if
permitted by chance the tag is exorbitantly on the sky.
A small piece of
land in the capital is costing too much money. 200 x 150 square meters
in Gudele, Munuki or Jebel areas is 45,000 Sudanese Pounds to non Bari
but SDG 10,000 or less to Bari. Besides the message in that ‘market’,
where do Bari people expect others to get that huge amount of money? Of
course, financial criminals in the government of Southern Sudan are in
exception in this case. But how about poor Southerners who are receiving
SDG 400 a month, those employed in Juba under GoSS, where will they get
a place to settle when the same land lords (Bari people) have agreed to
charge a single locally thatched house with anything not less than SDG
200? Needless to mention potential investors, where will they get land
for their development activities?
But one must be
puzzled, why is the government so lenient about callous behavior by some
Bari people. The answer is simple: majority of government officials
perhaps are beneficiaries of what’s going on. The report suggests that
they owned huge chunk of land given to them by the same Bari people,
just to keep them quiet. Dr. Pius Subek, the current Juba Commissioner
is one duff official who changed his wonderful past while serving as
SPLA officer in the early 1990s. He was great and a gentleman, but from
nowhere changed when he took a French leave to join others (Dr. Samson
Babu in particular) to formed a local NGO on health. After peace
agreement in 2005, this man has become dirty and should not have been in
the SPLM party afterwards. Real SPLA/M members don’t fit or prescribe
into narrowed politics of ‘my people’ in public everyday, especially
those at constitutional posts.
A divider who
divides his own Bari people, those he thinks aren’t real Bari. Their
closest of all, the Lolubo are in trouble in Juba county when it comes
to sharing, under Dr. Pius. A large piece of land at Nasitu on the
eastern side of the river that isn’t Bari land, was sold to foreign
investors before the watch of its owners (Lokoya) by the same Dr. Kokore.
I was so excited when the SPLM Political Bureau turned away his
candidature on gubernatorial post. I don’t know what he would have done
in that important position, something he failed to do while serving as
Commissioner of a city that is so filthy. Mr. Alfred Lado Gore of the
Presidency Office is far national than this pharmacist. Governor Clement
nevertheless is far more level headed than the two. May Juba be at peace
under his watch!
Juba residents in
my little thinking should sue their government for allowing Bari people
to manipulate aspects of the constitution about land on the expense of
their fellow Southerners. Get me right, am not saying Bari should give
up their farming lands to others along the River Nile, but since the
city is a seat of a national government, the so-called owners have no
choice but to give enough space to government in the city. That is what
it means. There is an urge need to have the city clearly delineated and
the authority of the land surrender to relevant authority. If local are
affected, they are affected, the government has the duty to compensate
them.
At the moment,
the practice of having local chiefs and criminals fully in charge of
what to give and what not has virtually handicapped GoSS on its
developmental activities. At the beginning, Bari people started well,
they facilitated many to return to their original plots they left during
the war. But along the way, cupidity upstaged everything and now we are
seeing non Bari being made to live like aliens in their own country.
This must stop. The national government (GOSS) and investors have to
work. There is nothing like ‘host government’! It has made Bari ‘mudalaiin’.
Truly, no
Southerner should be discriminated anywhere in the South. Aweil, Wau,
Malakal and Bentiu are ahead of many places in the South when it comes
to ‘feeling at home’. You are at homes in those places. Thanks Malwal
Giernyang, Jur, Chollo and Bull Nuer. The worst places (state capitals)
to live where Kokoro is much a policy are Rumbek, Yambio, Bor and now
Juba town. That attitude of ‘our land’ should change. I was brought up
in this city (poor Gabaat), went to school here up to my secondary
level, playing at our then famous ground ‘Kup Wa Arja’ now Sahara Hotel,
the habits of Bari has changed. They were nice to everyone, though am
still seeing same grousers I first met forty three years ago. Unless the
government sits down and put enough pressure on Bari, they will always
be cocky ready to be themselves and them alone. The leaf of pressure
should also go to the above other Southern dangerous spots (cities of
Rumbek & Bor).
The embarrassment
Bari people have caused The Vice President of our Government two and
half years ago on Kondokoro Island should have been enough a lesson. The
current arrangement of allowing Bari to decide land allocation
unilaterally is abused by scrupulous officers within Bari community,
just to emphasize. There is no point sending the Government of Southern
Sudan to the outskirts of the city, leaving Bari Government to control
every single plot and building in the city center. The Government of
Central Equatoria State is by law a subset of the Government of Southern
Sudan; the mother/father government should not be subjected to
restriction by its internal organ (I have said this above). May be our
leaders at GoSS should unite and put this matter to rest. The government
of the people of Southern Sudan should not let others down. The time to
address this matter before we get our independence next year is here.
Choosing another spot as capital, neutral should is by no means a remote
possibility/option.
But I strongly
believed that Southerners aren’t ready to take that dredge of the 80s
with their heads low. Even if there were real issues that had justified
Kokora, our people were naïve and this should have been a time to heal
that wound not to scratch it. I don’t think other Southerners will troop
out of Juba the same way it had happened in the 1983. They are here to
stay and some sort of concrete accommodation ought to come out from the
Government (GoSS) on the same. No single tribe therefore should be left
to cause troubles to 28 others; Southern Sudan has enough land and
resources for everyone. I believe Garang and his group meant well when
they said ‘land belongs to the people’. This statement should not be
exploited to deny others rights to stay in the place design for
everybody. The supreme government ought to flex its muzzles against
individuals within Bari community; Bari have tied the hands of the GOSS
for no reason at all.
Khartoum for
example, where two governments live side by side, each government knows
and respects the role of the other, and able to live in no competition;
unfortunately that is not the case here in Juba. No single tribe that
claim ownership of the capital and routinely want others to bow before
it on land.
The State
Authority doesn’t dictate where a national government building should be
built. And by the way, why is Bari not appreciating the presence of the
Government of Southern Sudan in this city, even the huge face lift and
benefits people around have gained through it? Some locals are
billionaires over night, possibly due to land sale, why are these people
still blackmailing the system that have lift them off poverty ground.
Who else have assets and drives different cars every year in this city,
isn’t that not Bari?
Frankly speaking,
why do you have to bully your own brothers as if they are foreigners in
their own land, the very land most you left to Arabs at the hour of its
liberation?
Weren’t these you
(Bari Elders) who persuaded Garang about Juba being the capital for all,
when he had an eye on Ramciel? Why did you change so quickly after he’s
gone? Please treat other Southerners like citizens of Southern Sudan.
Give the government of the people of Southern Sudan space.
Isaiah Abraham
lives in Juba; he’s on
Isaiah_abraham@yahoo.co.uk
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