Category: Featured

South Sudanese skepticism on security deal with Sudan is real

BY: ISAIAH ABRAHAM, JUBA, OCT. 19/2012, SSN; Juba leadership position on the Cooperation Agreement has started to be dismissive and abusive to those questioning some pieces in the agreement. Some of our lawmakers have joined the fray and are out to condemn whoever criticizes the agreement. They have even cracked as there are calling some sections of our society Northern Bahr El Ghazal people versus others. Legislators everywhere have a moral duty to protect the larger interest of the nation and not just their local constituents.

A constituent bigger like South Sudan is what binds us all. It was uncharacteristic, just unfair therefore for lawmakers to abandon local national pressing matters to specific individuals or groups to fight it out. Why leave the border matters to states affected, I have asked such question many times?

MPs for the areas of Mile 14, Abyei and Panthou, Hofra Al Nahas and Kaka are like any other MPs in Western Equatoria, Jonglei, Lakes, etc, whose lands have no dispute with the North.

I found it cruel when the matters in question were left to people affected to sort it out, while the rest of the country goes indifferent. This should not have been the case. The issues of Mile 14, Abyei, Panthou, Hofra Al Nahas are for the entire nation called South Sudan for Northern Bahr El Ghazal, Western Bahr El Ghazal, Western Upper Nile or Northern Upper Nile.

People everywhere are not happy that the negotiators allowed Khartoum a foothold on these lands. We have made a mistake to sign away Mile 14 under the pretext of a buffer zone. No amount of explanation will extinguish the fire of anger against the President and his team on this matter of Mile 14, Panthou and Hofra Al Nahas.

Abyei, Mile 14, Panthou, Hofra Al Nahas and others are becoming disputed because some has entered them by force. These places are 100% South Sudan lands. Our negotiators succumbed to pressure, and hence a failed test for our leadership.

President is to blame squarely on our lands being occupied by Arabs, and now he has gone further to sign away Mile 14. His statement that he will not cede an inch of land to the North comes too late, too little. We are not buying this belated chest thumbing statement from the man we all know his frequent promises. We know him better. No one has faith in Arbitration Court courses.

Who is this that wants to fool us that the argument is not about land but military disengagement? Someone argues that it is just a temporary arrangement to allow forces to disengage and later on the border demarcation will determine the real owners of the land. That is a lie.

Buffer Zone practice is applied when the two sides lay claims on an area. Mile 14 if it becomes a claim area, then we have already such claims areas where one side is left alone – recall Sudan Armed Forces (SAF) is firmly in Panthou, Hofra El Nahas, Kaka and Kofi Kingi, why did the policy of buffers not apply there?

The same way mediators avoided Panthou, Hofra Al Nahas and other lands that are disputed, where Sudanese Armed Forced are embedded or firmly in control, it should have been the case for Mile 14.

Mile 14 has never been a disputed land as do the Southern occupied lands. Mile 14 is used by Rezeigat Arabs during the summer, demilitarizing it after Sudan Army was chased away from there makes it an automatic disputed land.

Badme, a disputed territory at the heart of conflict between Ethiopia and Eritrea was awarded in 2002 to Eritrea by UN backed Commission but to date the Ethiopians troops are firmly on the ground. Is that scenario not going to repeat itself in our case for Mile 14, Pantou, Hofra Al Nahas and other disputed areas? I do think so.

Majority of our people are stricken with fear that someone has not articulated well to protect the right of people on our land. We have lost out our rightful lands to Sudan through cowardly and ignorant decisions or both.

Why is it that our leaders want to play politics in the face of an anomaly? This is arrogance at best and skulduggery.

Our leaders know where the truth is, but are not telling it. The issue of Mile 14 and other disputed lands is not a small thing for the head of state to dare sarcastically the people who oppose the deal to go to war.

Sir, people will go to war with you first if you do not stop your clumsy approach to such critical matters of our existence. Khartoum has found a weak character they can manipulate.

In the face of challenges our president has clearly become another challenge to our people. Our people did not elect Kiir to give away our land, and then spew disparagingly at his disgruntled people.

Mr. President sharpened his derogatory remarks against those opposed to the agreement during his address to security officers on Tuesday that those who are unhappy with the agreement are people who were with the Jalaba/Diaspora, and never had time to fight with him in the bush.

How about me, sir, I was with you in one of the battalions (Tiger/Tumsah) you led, what will you say about me? I participated in the demonstration on Monday in Juba, all the way to parliament, to denounce the buffer zone dog for Mile 14. I went there but for reasons known to all. We had expected our lawmakers to reverse the arrangement on Mile 14 and go with the rest of the agreement.

To us, we thought that someone have given away our land in exchange for oil deal with Khartoum. The document should not have gone like that, people. Unfortunately, little did we know that Kiir has become another (Abyei Chief) Deng Majok who exchanged his ancestral land rights for a single meal.

Shame on Kiir and his cohorts! Kiir must go! He is a useless leader this country could have. His foul mouthing is not tolerable anymore.

Get it right and just to emphasize the matter we are trying to say, we are not rejecting the Cooperation Agreement with the Sudan, especially for an agreement that will last for a few years. But if the matter touches land, it becomes so complex to clear even after the expiry time.

The agreement is not all bad. People became happy that at least the oil production will flow again for the economy to resuscitate and that there will be relative harmony between Sudan and South Sudan, once belligerent countries.

But look, there are eight (8) agreements for the intended cooperation, but the one known as security agreement has spoiled the rest. The agreement has no meaning if the issues of Panthou, Kaka, Abyei, Hofra El Nahas and Mile 14 are not resolved. The security agreement should have been thrown out of the window by the lawmakers until grievances or grey areas surrounding these matters are resolved.

This is where we are coming, the issues of land are so grave for anyone to dip his/her fingers into.

Our president should own it up. This is what we are saying and he got to fix it. He failed to show leadership, so do the lawmakers in our land. Our legislators could have torn the document and made amendments before ratifying them.

What is this argument that if the president signs it the document, it cannot be challenged. Who is this god in South Sudan that when he does something it cannot be reversed? Whether Kiir or Garang signed it, people are more supreme. They can redo what has been botched for the good of all.

Mile 14 and Panthou are sold out for no reasons at all. Oil or no oil, we have been cheated by a ruthless clique in Juba. To them the agreement is excellent, the agreement has not been understood, the media has failed to articulate it to the people, reactionary forces are behind the rejection of the agreement, insignificant number in our society, people who objected to the agreement are diaspora and that they also opposed CPA but later cheered it when the flag was raised. That is utter nonsense.

Majority of our people are not opposing the agreement for the sake of it but had hoped that the leadership in Juba would do the necessary changes before going for a law. Bad deals create more troubles than solutions and hence uncalled for under the face of realities surrounding our rights.

My people have suffered under President Kiir and his heartless clique, I have no kind words again against these people. The demonstration we made as people of South Sudan on Monday, not as Northern Bahr El Ghazal people, will go down in history as the beginning of things to come.

Mr. President is not apologetic and this is worrying. The people of this country deserve a leader that respects their views. We have never had problems with him since he accidently ascended to power in 2005, because the situation dictated that people exercise patience.

For the past eight years we have learned bitterly that Mr. Kiir is the problem and should be removed. He has failed us in many fronts, and on this matter of land he must not be forgiven. Our men in uniform in Mile 14 therefore are to remain in their places and let Mulana Makuei, Mbeki or Pagan come and dislodge them by force. AU must deploy any troops around Mile 14. We will see how to go about Panthou and Abyei now that someone is selling our lands to Arabs.

(Disclaimer: The views expressed above are those of the author and not the website).
Isaiah Abraham lives in Juba; he is on Isaiah_abraham@yahoo.co.uk

Sorry, the Vice President, Machar, is a Hypocrite

BY: Fanwell Edward, OCT. 18/2012, SSN;
Vice President Dr. Riek Machar has unfortunately never missed an opportunity to unintentionally convince the public that he is a hypocrite of the worst kind. The hypocrisy the VP has displayed on recent occasions is breathtaking. After travelling to New York at the end of September to deliver South Sudan speech at the 67th United Nations General Assembly on behalf of President Kiir, who was bogged down in negotiations with Sudan president in Addis Ababa, Dr. Machar went to the American Mid-West to address the mainly Nuer South Sudanese community in Omaha, Nebrasaka.

He, among other things, urged his audience to work together as South Sudanese regardless of their political affiliations. But in the same breath he announced to the same audience his intention to bar the registration of SPLM-DC and charge the leader of the second largest political party in South Sudan with treason.

The VP claimed that SPLM-DC Chairman, Dr. Lam Akol, is a leader of a group of militias fighting the government of South Sudan, and as such Dr. Akol must prove his innocence, failing which the Vice President of the Republic of South Sudan will charge him with treason!

This kind of talk, which late Dr. Garang would call as loose talk, is symptomatic of the utter failure of the current crop of our leaders to transition from the liberation mind-set to the mind-set of statesmanship guided by the rule of law and democratic principles.

It is therefore, urgent for the VP to appreciate the fact that neither he nor his office can usurp the powers of the judiciary to arbitrarily bar a political party from operating in South Sudan or compel Dr. Lam or any other South Sudanese, for that matter, to prove their innocence vis-a-vis trumped up charges.

Contrary to the VPs ill-advised pronouncement, it is known worldwide that the prosecutor is the one who bears the burden of proving his/her case in the court of law that the accused is guilty beyond a reason doubt of the charge (s) brought against them. This is the practice in all democracies around the world, and anything short of this is nothing but the rule of the jungle, abuse of power and utter political intimidation that must be treated with deserved contempt and outrage.

The VPs talk about treason rings empty in light of the fact that known rebel leaders who terrorized and killed countless South Sudanese citizens before and after independence of South Sudan have not been charged with even homicide let alone treason. Generals such as Tanginya remain in military cells without charges of treason brought against them.

In this respect it is to be remembered that it was none other than the VP who announced to the world in December 2011 that General George Athor was killed after a seven-hour battle with SPLA soldiers in Central Equatoria Morobo County in South Sudan. According to the VP, General Athor and an aide (an American citizen of South Sudanese origin) were the only casualties resulting from the pitch battle that purportedly took place in the jungles of Central Equatoria.

VP sources displayed a photo showing the Generals body in a pool of blood. That was no doubt that the body belonged to the former SPLA general, but there were some glaring discrepancy regarding the photo and the circumstances of the generals death. The General, who the VP claimed was engaged in a seven-hour long battle with the SPLA was clad only in civilian clothes with a pen visibly shining from the top pocket of the African suit.

The photo and the unscrupulously managed battle scene belied the VP claims of a long battle and confirmed the claim advanced by many informed South Sudanese that the Generals death was a direct result of a cold-blood activity by neighboring Uganda.

No wonder there has not been any further details about the Generals death just as there has not been further detailed investigation into the cause of the 2005 crash of late Chairman John Garang Ugandan presidential chopper.

One will be forgiven to assume that the holder of a high political office such as that of the Vice President of the Republic of South Sudan would be endowed with sound judgment, a very sharp sense of history and a keen awareness of the need to weigh his/her words delicately before they uttered.

Words such as treason cannot and must not be uttered carelessly for the sake of scoring political points against political foes.

Also to hold the ax of treason charges to the neck of any citizen who has not been so charged in a court of law is reckless and irresponsible especially when such utterances come from a leader whose checkered political history and current leadership record bear more holes than a Swiss cheese does.

In fact, Dr. Machar has the dubious distinction of being the only southern Sudanese leader whose agreement with the government of the Sudan carries the name Khartoum, whereas other agreements go by names such as Naivasha, Chukudum, Addis Ababa, Abuja, Asmara etc. Even the peace agreements signed by Dr. Lam were called Frankfurt (agreement for self-determination for South Sudanese) and Fashoda (signed in front of the Shilluk king in the seat of the Shilluk kingdom in Fashoda).

For four long years (1997 to 2001) Dr. Riek Machar served as the assistant to President Omar ElBashir as well as being the de facto ruler of southern Sudan. Therefore, unless one suffers from an advance case of political Alzheimer it is incomprehensible how one dares make such hypocritical, reckless and self-defeating pronouncements.

The VP showed his hypocrisy again recently when he dwelled on the issue of land grabbing during a speech he gave at the thanksgiving prayer celebrating the return from Germany of the ailing governor of Central Equatoria State, Mr. Clement Wani.

The VP babbled at length and waxed eloquence about the widespread practice of land grabbing in and around Juba. In a poorly scripted scenario, Dr. Machar, faking concern and interest, called on the Governor to fight the vice.

It is either the VP believes everyone is a fool or he in fact suffers from serious illusions and hallucinations.

Did he really think that the Governor and the people of Central Equatoria to whom he preached vigilance against land grabbing did not know that the VP himself is believed (rightly or wrongly) to be immersed from head to toe in grabbing the precious land of Central Equatoria State?

Anyone who happened to innocently walk around number 7 neighborhood near Munuki could not miss to notice the crowds of VPs fifth columnists unlawfully occupying tracks of land. Who is fooling whom or is the VP trying to deflect scrutiny by attempting to put additional wedge between the Bari and the Dinka?

The third incident of the VPs glaring hypocrisy concerns his attempts to downplay the amount of four billion dollars that president Kiir said was stolen by former and current government officials. For reasons known to him alone and without quoting an alternative amount or pointing out who misappropriated the amount, Dr. Riek Machar argues that the missing amount is less than four billion dollars.

While one does not know for sure whether the VP is among the 75 corrupt officials who received president Kiirs infamous letter, the VPs pronouncements on this grave matter throws cold water on efforts to shed more light on the loss a staggering amount of public funds.

Finally, Vice President Dr. Riek Machar allowed himself to be guided by self-interest and therefore allowed himself to be manipulated by Abyei Talibans (Dr. Luka Biong Deng, Edward Lino Abyei and Deng Alor) to present to the court of arbitration in The Hague a map of Abyei that recklessly included Heglig (Panthou).

As the head of the Southern Sudanese delegation and as a prominent citizen of Unity State within whose boundary Panthou lies per the January 1956 borders, Dr. Machar could not raise a finger against the flawed map for the fear of retribution from the powerful Abyei cartel. As expected, the judges at The Hague rendered their judgment on 22 July 2009 excluding Heglig from the territory of the nine Dinka Ngok.

As a result of that judgment the international community was outraged when SPLA troops captured Heglig on 10 April this year. Universal condemnation of Juba actions poured in from all directions including from the so-called our friends, forcing the leadership in Juba to frantically grope in the dark for friends before beating a hasty humiliating retreat from the oilfields.

It is worth mentioning that Dr. Riek had camped in Bentiu during the ten-day crisis presenting a picture of an army general directing the military campaign on our northwestern war front. Things did not go well there and Dr. Riek fell silent as soon as the big guns fell silent in Panthou.

Now that the Panthou war and the crucial rounds of Addis Ababa have claimed Panthou, Abyei and Mile 14 as it most prominent casualties and have left them in the hands of Khartoum, the VP is nowhere to be seen or heard on these matters.

Instead, like Emperor Nero who sang while Rome burnt in AD 64, Dr. Machar harped on an old song while he travelled in faraway lands. He is still peddling nonsense in Americas corn-belt whereas his former SPLA colleagues-in-arms from Northern Bahr elGhazal are up in arms against the inclusion of their territory in the latest security arrangements agreed with the Sudan in Addis Ababa on 27 September 2012.

Instead of mobilizing the people of his own home state against the current status of Panthou and other territories, the VP continues to characteristically speak and foam from both sides of his mouth on matters of less serious concern to the people of South Sudan.

And instead of working diligently to unite the people of this young nation the VP is hell-bent on creating disunity through his hypocritical pronouncements. The VP does not understand that the people of South Sudan are too intelligent to be fooled by a hypocrite.

(Disclaimer: The views expressed above are those of the author and not the website)

edwardpanwell@yahoo.com

Nuer Youth Demand The Release of Maj. Gen. Simon Gatwec Duel

Media Release: Nuer Youth Executive Council, Juba, South Sudan

    October, 16

    OCT. 17/2012, SSN; The Nuer Youth leadership in Juba is deeply troubled by the events which have been taking place in the city since October 11, 2012, the day Maj. Gen. Simon Gatwec Duel was arrested at work in Bilpam Headquarters. We thought that his arrest was something related to administrative issues until we read the press release of Jieng Community Association in Juba which categorically stated that Maj. Gen. Simon Gatwec was incarcerated due to his support to Nuer Prophet Dak Kueth and Murle rebel commander, David Yau Yau. The legal department of Nuer Youth Association began to investigate the real cause of his arrest despite claims of Jieng Community Association and discovered that he was detained by Military Intelligence (MI) that was ordered by the Commander in Chief of the SPLA army, 1st Lt. Gen. Salva Kiir Mayardit.

    The chief of MI told the leadership of Nuer youth that Maj. Gen. Simon Gatwec was detained -because he was working with other politicians to stage a coup against the leadership of President Salva Kiir.

    The Nuer Youth dismissed the claims of MI because Juba has been rocked with rumors of coups since last year. It should be noted that there is no month that would pass by without a rumor of a coup in Juba. Last year, it was rumored that Deputy Minister of Defense, Dr. Majak Agot, was planning a coup to topple President Kiir. That rumor died down without any incident. In July this year it was also rumored that Presidential advisor on Human Rights, Madam Rebecca Nyandeng Garang met with some Bor officers and appointed Maj. Gen. Mac Paul to stage a coup against President Kiir. That rumor was even published in the media. However, it was discovered that Rebecca Nyandeng did not plan any coup and was being blackmailed in the media. Moreover, when the son of late Dr. John Garang de Mabior, Col. Mabior Garang de Mabior, gave an interview to McClatchy newspaper in Nairobi expressing his dismay on the leadership direction in South Sudan, it was also rumored in Juba that he was planning a coup.

    When the agents of Military Intelligence said that Maj. Gen. Simon Gatwec Duel was detained because of allegation of a coup, everybody dismissed it as another rumor mill in Juba spewing nonsensical charges against a respectable officer like Simon Gatwec. However, the Nuer Youth is shocked today, Tuesday, October, 16, when President Salva Kiir confirmed in the meeting with officers at Bilpam Headquarters that Maj. Gen. Simon Gatwec Duel was arrested because he and unnamed politicians planned to stage a coup against his government. The President said that Maj. Gen. Simon Gatwec would be taken to court and if found innocent he would be released. The statement of the President put to rest the doubts of all those who were dismissing the allegations of a coup as the usual joke and began to ask serious questions.

    Sources within the military intelligence revealed that the coup leaders are Deputy Minister of Defense, Dr. Majak Agot and Hon. Dr. Riek Gai Kok, a member of South Sudan Legislative Assembly representing Akobo County of Jonglei State. However, when meeting military officers at Bilpam Headquarters on October, 16, President Kiir praised Dr. Majak Agot and Lt. Gen. James Hoth for foiling the coup while he was in Uganda. But the revelations coming from MI alleged that Dr. Majak Agot was in fact the leader of the coup who recruited Maj. Gen. Simon Gatwec.

    The question every reasonable South Sudanese is asking is: If Maj. Gen. Simon Gatwec was part of the coup, where are the other officers? Where are the politicians who organized the coup? Why did President Kiir not arrest Majak Agot and Dr. Riek Gai Kok who are named by MI as leaders of the coup?

    According to sources within the MI, Dr. Majak Agot was the one who gave President Kiir the list of 31 officers ranging from Brig. Generals to Maj. Generals as officers who planned to stage a coup. It is said that Majak Agot denied being part of the coup and told Kiir that -the Nuer are the ones planning to overthrow Dinka government-. The funny part of the allegation of a coup is that the politicians who organized the officers have not been arrested and only one man is targeted. That begs the question and the Nuer Youth are having difficulty believing President Kiirs version of events because it would be the first time on earth that one Maj. General could stage a coup alone without politicians backing him up.

    If the rumors which have been circulating since last year are being believed by the President, the question is: Why would the President not believe the previous rumors linking Majak Agot, Rebecca Garang and Col. Mabior Garang to the conspiracy of staging a coup against the government? Col. Mabior Garang is on record calling for removal of President Kiir when he gave interview to McClatchy newspaper. He never denied his interview but qualified it recently by saying that he was calling for -peaceful uprising against the government-. After the events of Tunisia, people know that the line between popular uprising and a coup is indistinguishable. Yet, President Kiir did not detain Col. Mabior Garang when he returned to Juba on October, 9.

    Dismissing Nuer Officers: After a thorough scientific investigation, the Nuer Youth discovered that Maj. Gen. Simon Gatwec Duel was not incarcerated because of allegation of a coup since all the facts revealed that the allegation of a coup is a lie. We have discovered that President Kiir wanted to implement a policy of purging the Nuer officers out of the SPLA army. This policy was delayed when Paulino Matip was alive because he was against it. After his death, President Kiir and his Dinka elites revived the policy and identified thirty five Nuer officers to be removed from the army so that the Dinka would firmly control the South.

    The allegation of the coup is a ploy to cover up the real plan. Using coup as the reason to detain Maj. Gen. Simon Gatwec Duel is a tactic to detain all the Nuer officers one by one because official retirement of all Nuer officers at once may raise suspicions. Salva Kiir himself said in August in a meeting with officers in Bilpam that he would be retiring military officers starting from Brig. General upward. He did not implement that plan right away because he was advised that it would create tribal tension.

    The Nuer Youth would seriously advise President Kiir and the Dinka community at large that the politics of tribal domination and nation-building are antithetical. The same tactics being employed by President Kiir in targeting the Nuer were used by the Hutus rights after the independence of Rwanda in 1961 and led to first Rwanda genocide. After the resistance launched by the Tutsis in defending themselves from Hutus dominated government, the Hutus political elites decided eventually that the only solution was to exterminate Tutsis on earth and that policy culminated into the second genocide in 1994.

    However, South Sudan is a multi-ethnic society and the Nuer community is a heroic community that could not be dominated. For the last three hundred years, Dinka never defeated the Nuer in any battle. In 19th Century, the Nuer conquered Dinka lands and assimilated 30% of Dinka. In the 20th C, the Nuer is the only tribe in Africa which fought the British for thirty years with spears. The Nuer were the first to bring down British plane with a spear, an experience which shocked the British empire up to now.

    When the Comprehensive Peace Agreement (CPA) was signed, the Nuer community came to conclusion that past conflicts with Dinka should be brought to an end because nation-building demands that South Sudanese people transcend tribal politics in order to forge a viable nation state. When Paulino Matip signed Juba Declaration on January 9, 2006, the Nuer community applauded the spirit of cooperation between him and President Salva Kiir. Despite the glaring mistreatment of Nuer for the last six years, our community endured humiliations in the name of South Sudan. Maj. Gen. Bol Kong in 2006 was the first SPLA officer that fought his own people of Lou Nuer to carry out the government disarmament program in the name of South Sudan.

    Today, the Jieng Community called him Nyagat (fifth columnist) after defending South Sudan from external threats because he is a Nuer. When war broke out between the North and the South in March this year, it was Maj. Gen. Bol Kong and other Nuer officers who heroically defended South Sudan border. More than 80% of SPLA forces along the North-South border are Nuer. More than five thousands SPLA soldiers killed in Heglig and Jaw battles were Nuer.

    It has become a habit that when there is a war between the North and the South, the first people President Kiir relies on are Nuer. In 2008 fighting between the SPLA and SAF in Abyei, it was Maj. Gen. Peter Gatdet who heroically defeated the SAF. After the end of the fighting, he was called Nyagat in Juba and denied medical benefits to go for treatment in Nairobi after a long fighting in Abyei. That was one of the reasons he left the government in 2011 and formed a rebel movement.

    After Peter Gatdet formed South Sudan Liberation Army (SSLA) in March, 2011 to fight the government of South Sudan, it was Maj. Gen. Simon Gatwec Duel and Maj. Gen. Bol Kong who convinced him to abandon rebellion. Indeed Peter Gatdet signed an agreement with the government and he is now the deputy commander disarming civilians in Jonglei. Had it not been for Nuer officers like Bol Kong and Simon Gatwec Duel who rejected rebellion, South Sudan could not have been independent last year. Today, all their work to save the South is thrown to dustbin because they are Nuer and the only reward they get is to label them as Nyagats.

    The Nuer Youth are aware that President Kiir wants to endanger the very survival of South Sudan as a viable state after achieving independence last year. However, the Nuer community refused to be part of the failure of the South and stood firmly in safeguarding the territorial integrity of South Sudan from external threats. The Nuer who died in the border war with the North died in defending the honor of South Sudan. Maj. Gen. Simon Gatwec Duel has more than five family members killed in action defending South Sudan.

    When Maj. Gen. Gabriel Tang, Maj. Gen. Simon Mabor Dhol and Brig. Gen. Gatwec Joak were illegally detained last April with orders of President Salva Kiir, it was Maj. Gen Simon Gatwec Duel and Maj. Gen. Bol Kong who calmed down the Nuer Youth. Up to now, Gabriel Tang and his officers have never received justice let alone being informed of the reasons for their detention. The South Sudan constitution states that any accused should be accorded due process in a short time possible.

    However, all the constitutional stipulations have been ignored because the accused individuals are Nuer. When Maj. Gen. Marial Nuor, a Dinka, was accused of raping girls and murdering an engineer in Juba, he was detained for few days but was produced before a judge. He was allowed to have a legal counsel who argued his case and today he is out of prison after being arrested for only two weeks. Up to now, the government dropped the case against him although the UN documented his abuse of girls at night in the city. The reason for his release is because he is a Dinka.

    Since his arrest on October, 11, 2012, Maj. Gen. Simon Gatwec Duel has been denied food for five days and his wife has been prevented from visiting him. He has never been accorded due process as stipulated in the Interim Constitution and was not allowed to retain a legal counsel let alone being told the reasons for his detention. While President Kiir is talking about justice, the only people who receive justice in South Sudan are Dinka, not Nuer because since April, 2011, Gabriel Tang, Mabor Dhol and Gatwec Joak have never received justice.

    The Nuer Youth are calling on President Kiir to release Maj. Gen. Simon Gatwec Duel as soon as possible without conditions from our community. The patience of Nuer community is running thin and President Kiir should not wish to return the South to dark days of 1990s when William Nyoun and Bol Kong defeated him at Magiri with only seven hundred fighters while he was commanding fifteen thousands. Nuers fighting spirit is unquestionable; however, the Nuer community resolved that ethnic fighting would destroy South Sudan and return our people to abject poverty and suffering. The number of Nuer and Dinka who died as a result of factional wars in 1990s far exceeds the number killed by the Sudan Armed Forces in the course of liberation struggle.

    When the Nuer Youth convened a meeting last year at Nyakuron Cultural Center, Maj. Gen. Bol Kong told the Nuer Youth that South Sudan should abandon violence and adopt the path of peace as the only way to achieve political power. Bol Kong advised South Sudan politicians to use ballot box as the only way to bring political change in South Sudan. Today, the Jieng Community labeled him as Nyagat after fighting his own people in 2006 to carry out government disarmament policy.

    The Nuer Youth would not release another press release again to advise President Kiir to abandon destructive tribal politics. Instead the President should consult history and release Maj. Gen. Simon Gatwec Duel immediately. We have realized that Nuers pacifism is being seen by Dinka community as a weakness and some members of Kiirs elites have begun making presentations that -the Nuer are defeated-. This release is our last advice to the President because our patience is running out. The responsibility to keep peace in South Sudan is a responsibility of all people including Dinka community. It is the interest of every South Sudanese to see that peace reigns supreme in South Sudan. But if communities that have realized the importance of peace are being labeled as -cowards- or -being defeated-, the future of South Sudan is bleak.

    As youth, we believe that peaceful South Sudan is our priority and will benefit us more than President Kiir who is getting old. The future of South Sudan belongs to the youth and we are the last sector of Nuer community to see South Sudan on fire. However, the Nuer community has inalienable right to defend itself if President Kiir is pursuing policies of domination and extermination. If President Kiir is interested to impose war on Nuer although they do not want it, it is instinct of every human being to defend themselves when attacked. The right of self-defense is a right recognized internationally. But our hearts break to see that the President of a newly independent country wants to return the Nuer and Dinka to 1990s factional wars.

    We call upon peace-loving Dinka brothers to advise the President that the Nuer-Dinka war is the end of South Sudan. Such a war should not be promoted by anybody be it President Kiir or the youth of South Sudan who would be the losers. The future of South Sudan belongs to the youth and the next generation needs to see a culture of peace being promoted by our leaders.

    But the policies of President Kiir will return us to factional war of 1990s when he and Maj. Gen. Bol Kong fought for a month in Equatoria and wasted more than thousand lives of the people of South Sudan who should be now contributing to our countrys development.

    The Nuer are not cowards but our community resolved in 2006 that tribal wars would not take our country forward and there is a need to stay away from tribal tendencies which nearly destroyed South Sudan liberation movement in 1990s.

    For contact:

    Peter Tut Hoth

    President of Nuer Youth in Juba,

    South Sudan

    Email: nueryouthjuba@hotmail.com

SPLM brutality will destroy us all

BY: ELHAG PAUL, RSS, OCT. 13/2012, SSN; The violence unleashed on Emmanuel Jal on Saturday 8th September 2012 in Juba is not any surprise at all. Nobody in Juba is exempt from the barbarism of SPLM security people be they VIPs, diplomats, scholars, etc. We have had diplomats from very important countries in Africa slapped left and right in Juba by illiterate traffic police who have no idea of their own trade. Since the signing of the CPA in 2005 and the coming of SPLM/A to power in South Sudan, the country was swiftly taken back to the age of barbarism.

SPLM, an uncouth organisation right from its inception in 1983 while singing about liberation, it has always behaved contrary to the principles of liberation itself. It abused the very people it was supposed to protect and liberate. Having gained power, the SPLM/A just transferred their bush management style into the towns of South Sudan turning the lives of the average South Sudanese into a nightmare.

Stories of violence meted out on citizens has since then been a daily occurrence. Since GoSS is run by SPLM and it has no clear ideology or humane values, it has no clue of how to reign in on its militarized police forces. The failure to address this serious lapse in law and order unbelievably is lamented by the head of the state and his minister for Home Affairs.

Recently the president himself admitted that members of the police and security forces are responsible for most of the crimes committed in towns in South Sudan. Surprisingly, he did not explain how his government was going to deal with the problem. In a sense, he was openly admitting failure and demonstrating incompetence but refusing to take responsibility.

If south Sudan was the democracy the president always claims it is, he would have been asked to quit there and then. It is only fair to say that if the president and his government do not know their duties to the state and its people then they should just get out of those offices and let competent people take over.

But being a totalitarian leader of a tribally constructed organisation, the president continues to mismanage the country shamelessly knowing very well that the party militia will ensure he remains in power. Now we have Emmanuel Jal who has for no reason been attacked on the street, robbed and abused by the very people (police and security agents) who were supposed to protect him. If the security agents themselves are the criminals, who then is going to maintain law and order in the country?

Is there any wonder why the Republic of South Sudan is a failed state? There is talk of investigation to apprehend the culprits who abused Emmanuel Jal. So far it is almost one month since the incident happened and there is no indication of any success. I hope that this investigation yields fruits. If the history of such abuses is anything to go by, we might as well forget any justice for Emmanuel Jal.

Do you remember the cases of Professor Taban Lo Lyiong, Professor Jok Madut Jok, Mr Daniel Wani and honourable Arop Madut? These four cases are not the only ones but their importance relate to the fact that these gentlemen are of high standing in the community. Taban Lo Lyion is a professor and renowned international writer with books like (Another Nigger Dead) to his name. Professor Jok Madut Jok is an educationalist and the undersecretary in the ministry of culture. Daniel Wani is an engineer and the former undersecretary in the ministries of roads and wildlife. Arop Madut is a journalist, author and an appointed MP in the parliament. What is remarkable is that most if not all are staunch members of the SPLM party.

SPLM party membership consists of some of the most highly educated people in the country, but the sophistication of this section of the party unfortunately is neither portrayed in the party policies nor governance of the country. One wonders why such highly educated people continue to be part of a dysfunctional organisation where their views do not count. What makes them be part of this organisation?

I am baffled and my poor brain can not work out the reason. Even when they are brutally abused as in some of the cases mentioned in this article, they just carry on singing Oyee, Oyee, Oyee without putting a robust protest in defence of their dignity and humanity. Are they really that impotent in that organisation?

The circumstances in which these respectable citizens experienced the brutality of their own SPLM police and army proves beyond doubt that South Sudan is not only a failed state, but as described by Gerrard Prunier – a country run by idiots, rotten to the core.

It is unthinkable that people of such caliber in any other country would have been exposed or subjected to such violence.

Violence continues in South Sudan because there is no will to address it due to the nature of the gang system in the ruling party. Each gang protects its members and each gang is careful not to step on the others toes. So if one gang commits crime the others look the other way. This is what allows people like Jok Madut Jok to be humiliated by drank soldiers in full view of their superiors.

It is the same thing that allows the thieving lot to fleece the coffers of the government without fear of accountability. It is this very system that has turned the president into a spectator of violence and by implication an accomplice to it. This should not be taken as an excuse for the president inaction. He has duties to protect the citizens of South Sudan.

If he can not do it he should do the honorable thing – resign. There is no need for him to be warming the presidential chair while lawlessness is raging on all over the country.

Why are the people not reacting against the misrule and the abuse? To put it simply, violence and human rights abuses of all nature in South Sudan have been normalized by their daily occurrence. Since 1983 the people of South Sudan have been subjected to unbelievable abuses. The three decades of SPLM grip on power in South Sudan has caused immense damage to the country producing a traumatised society that has lost all semblance of normality and sanity.

The SPLM leadership itself confused without any governance skills and clue to how to address this sad state of affairs made the situation worse by indulging in orgies of looting and allowing lawlessness to spread like wild fire. South Sudan now is a failed state and worse still the people are de-sensitized to abuse.

The people having learnt that they can not get redress from the system have accepted violence as normal. They have internalised the rot because being weak in environment of violence calls for complete obedience in order to survive. Thus the helplessness of the people in turn make the abusers feel great.

SPLM is dehumanising South Sudanese by the second and minute. It is killing the peoples sense and moral fabric. This is dangerous because as we lose our humanity we all lose our cultural ability to preserve life itself and by so doing we self destruct. When we watch abuse without concern and action we too become dehumanised. In the end we will become abusers ourselves and this will be an indictment on our humanity itself.

Let me expand on this point as it is very important. The anger building up slowly among the people of South Sudan about the current situation in the country is surely brutalising the public. It is dehumanising the public. When this anger explodes, the people will resort to replacing the current system by using violence as it happened in Libya. It is here that people will then begin to realise how they have been brutalised and dehumanised.

Watching clips of the Libyan revolution is a chilling experience and should be a reminder to the SPLM regime and its supporters. They are not exempt from this process. People fighting for their freedom and political rights usually copy the same behaviour of their oppressors in the struggle to rid themselves of abuse. In Libya the masses discovering their power behaved towards Gadaffi regime supporters exactly in the same manner Gadaffi security men behaved towards them in their hay days. That is the once peaceful citizen turned abuser by the system ending up abusing their abusers.

So, all are losers including the country. The new system coming into force will not be any better than the old one. Do we all want to be losers? Ponder on the Libyan experience and the now ongoing situation in Syria. We still can save our country from unnecessary destruction.

South Sudanese should not accept this dehumanisation. SPLM is what it is because the people have become helpless spectators rather than actors who have rights. If most of the people vote by withdrawing their support from this organisation, they will be surprised to see fruiting change emerge from the ashes of South Sudan failed state. We the people have the power and we should use it responsibly by delinking from the SPLM to end the abuse and save our country.

If we do not want to see violence like the one in Libya, or orgiastic corruption, or theft, or misrule, etc then let us just walk away from this monstrous organisation. If we do this we would have done the most honourable thing in our lives by: 1) clearing our conscience by removing ourselves from being accomplice to crimes. 2) Freeing and saving South Sudan from the claws of vultures and vampires. 3) Participating in bringing about a historic peaceful change in our lives.

Liberating South Sudan from the vultures and vampires peacefully will offer a chance for South Sudanese to tell the world that we are humans and the government of SPLM does not represent us. It will restore the hard fight the South Sudanese put to gain sympathy of the world during the struggle.

The assault on Emmanuel Jal is an affront to the people of South Sudan. Emmanuel on his own contributed massively to the liberation of South Sudan. First as a child solder. When he picked up the gun the overwhelming majority of his age mates were either attending school or being cared for by their parents. He risked his life and was exposed to traumatising experiences while as a soldier. His life story which has been aired in TV programs around the world speaks for itself.

Tough as he was, he removed himself from this trauma and sought self healing through music of liberation which he performed well and in the process he became an ambassador of South Sudan. With this kind of achievements and contribution towards liberation of South Sudan, did Emmanuel Jal deserve to be treated like that?

There is no reason at all for the police and security people to abuse South Sudanese. Whether the security forces were traumatised by the war of liberation or not, that can not be an excuse. These people are not above the law. Like the rest of us, they are subject to the law of the land.

The failure of the system to hold security people to account is due to the fact that both the ministries of justice and interior like the others are fully packed with party functionaries hailing from specific tribes whose job is to ignore crimes committed by its members.

This is not acceptable. Something has to be done and that something is to quit this monstrous organisation called the SPLM Oyee. You can quietly without announcing it delink from it and when the elections come just vote it out of power.

All in all, the beating of Emmanuel Jal symbolises brand SPLM whose attributes consist of brute force, theft, lies and absence of duty of care. The longer it is allowed to govern in South Sudan, the more dehumanised we become and the nearer we inch to self destruction.

[Truth hurts but it is also liberating]

Elhag Paul
Elhagpaul@aol.com
(Disclaimer: The views expressed above are those of the author and not of the website).

Addis Ababa Deals: Fixing damages of leadership ineptitude

(In fact, the life of a private citizen would be preferable to that of a king at the expense of the ruin of so many human beings: Machiavelli)

BY: Dr. JAMES OKUK, JUBA, OCT. 11/2012, SSN; Tricky Agreements usually avoid clarity and specificity on critical issues of disagreements and conflicts. That is why the silent deals behind inks on white papers often push ahead and leave many windows for the future circumstances to determine the final outcomes. This is exactly what has happened with the Comprehensive Peace Agreement (CPA) between the SPLM/A on behalf of Southern Sudan/Liberated Areas and the National Congress Party (NCP) on behalf of Northern Sudan/Government of the Republic of the Sudan.

The CPA addressed the details of how the two parts of the Sudan (Southern and Northern) could stay together peacefully, sharing wealth, power and security for an interim period of six years (2005 to 2011). The conduct of the referendum for the people of Southern Sudan (including Abyei referendum) was supposed to mark the end of the interim period. But nothing much was said about the aftermath of the referendum result, especially if it ended up in secession of Southern Sudan. Each side was left to seek what it thought could suit its utilitarian interest. This is the departing point where the conflict between the two split countries (Sudan and South Sudan) emanated.

On one hand, NCP Khartoum is used to economic wars and sanctions. It also knows the tactics of managing the tough times and dusty political weathers. Its leaders could turn as many stones as possible to find alternatives when the usual is lost. They do not easily resort to utopia and fantasy when it comes to economy. Thus, they have failed to fall under many upheavals that came across them except separation of South Sudan.

On the other hand, SPLM Juba is still novice on management of state affairs, especially the economic aspect of it. Its leaders thought that economic war is like gathering morale for holding a rifle (aka AK47) and destroying the enemy in the shortest time possible. They forgot that the wild life in the rebellious bushes is totally different from the civilized urban life in the peaceful states. Yes, the SPLM/A commanders had managed to run a pseudo-government in the bushes of Southern Sudan without monthly salaries and other privileges of comfort, simply, because life in the bushes and jungles does not depend on money but solely the will to survive.

Nonetheless, they failed to run the Republic of South Sudan on the same bush model because living in towns and cities necessitates periodic circulation of money within an atmosphere of viable economy.

There is no any experience known worldwide where a country can survive without money and other urban facilities. The SPLM Juba failed to establish such impossible precedent. Hence, it has to come back to its proper senses and strike deals of rescue from Khartoum with the help of African Union and the United Nations. As a result, Juba had to lick the unnecessary vomits it has sprayed all over. Its inept SPLM leaders had no choice but to rush to Addis Ababa in order to sign the nine deals so as to avert economic grave and political collapse. Now things have opened up with a breath of relief from the disaster that was about to happen. Praise the Lord, Alleluia!

I hope the child-like SPLM leaders in Juba have learnt their lessons that economic war is not a joke nor can it be won on mere propaganda that lack the sense of truth and care for the common good of the people. It is a war that can disturb super powers to the core, leave alone pretentious dwarf economy like the one still germinating in the nascent Republic of South Sudan. Also I hope they have been advised that becoming a foolish donor of multiple oil pipelines constructions while this resource is non-renewable is being unmindful of appalling living standards of masses in South Sudan. Why not build a diversifying railway that can last even if oil dries up in future?

As no country is left alone to behave like an island on the face of the United Nations, the African Union and other regional organizations, the governments of the Sudan and South Sudan were urged and pressured to negotiate out their post-secession disputes and strike some necessary bilateral deals. The two governments were even offered high level mediators to help them overcome their contentions. The chief mediator happened to be one of the former prominent presidents of a country that has wealth of experience in conflict and its resolution. Not only this but also he is well-experienced and respected internationally, particularly, in dealing with incompetent but cunning carless presidents of some poor African countries. He knows how to play into their nerves and pin them down conscientiously on what military dictators fear most- regime change/collapse.

That is the reason I am unhesitant to say that Mr. Thabo Mbeki of South Africa must be a silent tough man who knows how to tame troublemakers and train them to behave responsibly as statesmen. You can see how Mr. Pagan Amum has changed greatly after the agreed deals between Juba and Khartoum have been signed in Addis Ababa. From being a radical he came back as a moderate orator who has learnt to be a diplomat in his encounter with the opponents and the media. Perhaps, if he maintains this momentum he could gain confidence from some of us for future presidency.

Someone who is not interested in international history of conflicts and their comparative resolutions would tend to think that there was something new in Addis Ababa deals. Specifically, the SPLM novices in countries affairs might have got shocked to learn that history of inter-states conflict of interests did not and does not begin or end with them after achieving the dream of South Sudanese for a viable independent state.

Also most of those deals are what normally the Ministry of Foreign Affairs and International Cooperation of the Republic of South Sudan would have been drafting/pursuing instead of the unnecessarily usurpation by the SPLM Secretariat without any sufficient justification in meddling into government affairs.

Put in order of importance, the bilateral deals between the Sudan and South Sudan could lexically be arranged with comments as follows:

1 – The Agreement concerning Oil and related Economic Matters: It is the center and driver of all the agreed deals. It was forced into the throats of the SPLM and NCP by the International Community. It is known that hungry people could be angry revolutionaries and both Juba and Khartoum have already started sensing this. Thus, they were seriously obliged to get the needed petrodollars into their pockets first and then continue politicking later at leisure on other contentious issues. Suffering of the common people and begging while sleeping on a valuable resource is regard as foolish and intolerable by the fatigued world donors. Also fantasy and emotional drunkard decisions do not help bring genuine solutions to real problems.

Hence, Juba was asked, first and foremost, to open-up the shut-down flow of South Sudanese crude oil to international markets via Sudanese ports. The United States of America and China do not joke or lie when it comes to economy. It is either do or die! Now President Salva Kiir has learnt to take orders and heed to commands from world superpowers. He had tried to be tough headed as a show off for no dignified end. A Good Cowboy Now!

2 – The Agreement on Security Arrangements: Not very different from that between Chad and the Sudan. The aim is to control rebels activities and discourage them from pursuing regime change in each others capitals. By this deal, Juba would help Khartoum control the activities of Sudanese rebels in Blue Nile, Kordofan and Darfur and discourage them from pursuing the change of NCP regime. On the other hand, Khartoum would neutralize the activities of South Sudanese rebels and discourage them from pursuing change of SPLM regime by barrels of guns.

Looked at critically, this deal is nothing much really but survival strategy for the ruling parties in the two-countries-with-one-system. With this deal, President Salva Kiir can think of sleeping in peace and remove all the coup preventing road blocks around J-One and near his residence in Juba. He can also remove the fear of travelling freely to different parts of South Sudan, especially to Upper Nile State for graduation ceremony next time. On the other side of the lake, the deal will relieve President Al-Bashir from escaping to Kanana again in fear of direct attack from rebels inside Khartoum. But it will not save his neck from chains of the ICC arrest warrant though Ocampo is retired back to Argentine.

3 – The Agreement on Trade and Trade-Related Issues: It similar to the ones done amongst many countries. It is about supply and demand with profitable but fair price to each trader and customer crossing to the divide-line. This deal will minimize the exploitation done on South Sudanese markets by the traders of East African countries and their local partners. Now they will face tough competition and diversification of commodities sources with low prices, especially the fuel and cement. Northern part of South Sudan and Sudanese traders will be the core beneficiaries of this deal.

4 – The Framework Agreement on the Status of Nationals of the Other State: It is not very different (in principle) from that between Egypt and the Sudan, though its full implementation has never materialized up to the day. However, the four freedoms in the deal could work in terms of free entry visas to each others countries at any time and in any legalized place. It is a great relief to those who own properties and have business interests or investments across each the divide.

5 – The Agreement on a Framework for Cooperation on Central Banking Issues: It is similar to the ones done amongst many countries. It is about controlling inflation and value of each others currencies. This deal is necessary for a viable trade between the two countries and easy facilitation of monetary transactions. Now a South Sudanese could give a bold head of Dr. John Garang to a Sudanese without any offense.

6 – The Agreement on Certain Economic Matters: Division of Assets and Liabilities, Arrears and Claims and Joint Approach to the International Community are common normal practices worldwide between countries that have split peacefully. But this deal is of a great concern because it might involve international law suits, in case.

7 – The Framework Agreement to Facilitate Payment of Post-Service Benefits: It is a right, pursuable internationally whether there is agreement or not.

8 – The Agreement on Border Issues (including demarcation): Not very different from that between the USA and Canada (officially known as the International Boundary and the longest international border in the world). While Canada and the United States both boast their worlds longest undefended border title today, final placement of the border has not been without difficulties. But most concerns there have been about what goes across the border instead of where the border actually is located. The Sudan-South Sudan boundary is the longest in Africa and it will take time for its disputes to get finalized. Why then stop the rest of state life running because of some areas of the unmarked borders? A game of Tom and Jerry could be played by Juba and Khartoum on the unmarked and un-demarcated areas while life continues in the rest of the settled areas. After all the SPLM and NCP leaders are like Tom and Jerry behaviorally.

9 – The Cooperation Agreement: It re-affirmed the commitment of developing political will between Khartoum and Juba that will enable creation of good neighborhood of two viable states. This is the normal duty of diplomats in their diplomacy. That is why the Government of the Sudan rightly appointed one of its top notch Ambassadors to come to Juba for this purpose though South Sudan sent a lowly experienced Ambassador to Khartoum out of nepotism and misunderstanding of the purpose of international relations. I hope President Salva Kiir could correct this mistake as soon as possible.

The NINE DEALS did not consider Abyei Area as part of the Republic of South Sudan yet until its status is finally decided either by a referendum as agreed in Naivasha as stipulated in the CPA or by another new method agreed by Juba and Khartoum. Although the gentlemen of Abyei got disappointed to see the agreed deals working without the fate of Abyei and Nine Ngok Dinka being known yet, this time they failed to insert Abyei problem as conditionality among the negotiated issues of South Sudan.

The mediators prudence had it that the Abyei Area issue be tackled separately on a different agenda as it has proven since Addis Ababa Agreement in 1972 to be a complicating factor in good relations between the South and North of the Sudan. Though many of the Abyei people would prefer to remain in the Sudan, I would love to see them joining their real blood brothers in South Sudan in near future.

As for the former SPLM/A comrades, Malik Aggar, Yasir Arman and Abdelaziz Hilu, the time has come for Salva Kiir and SPLM in South Sudan to forget them despite the pledge at the independence declaration in Juba on 9th July 2011 that they shall not be forgotten. They need to get it well that the umbilical cord between them and South Sudan has been cut in Addis Ababa deals and there is no turning back. They have been left in the cold to carry their own cross and survive on their own the wrath of genocidal regime in Khartoum. South Sudan can only afford to host them as unarmed refugees without any dignity of struggle against marginalization left in them.

This is bitter but the heroes of Ingassina and Nuba Mountains must be regretting the day they fought a treacherous war in the same trenches with the Mother SPLM/A of South Sudan. They are like intimate brothers who ended up as strangers. May be those who are after Popular Consultations in these two areas will win, though this has become an internal affair of the Sudan where Juba has no much to say but advice only.
Dr. James Okuk is a lecturer at the department of political science at Juba University.

(Disclaimer: The views expressed above are solely of the author and not of the website)

The Status of our Legal System calls for Urgent and Major Transformation

BY: Juma Mabor Marial, Kenya, OCT. 10/2012, SSN; My recent trip to the Republic of South Sudan enabled me brainstorm with few legal minds in the area of legal system in our country and when I coupled these deliberations and compared them with the ones that I got from some big persons at the concerned institution, I came to the conclusion that there is a lot more that need to be done in order to establish an effective and efficient legal system in our country.

Why do I have these convictions, to lawyers and other legal trainees, the answers here are obvious. For instance, I graduated with a bachelor of laws degree recently and because I intend to practice Law, I must undertake specialized legal training such that I can obtain an advocate-practicing certificate and be relevant in the market with professional authority to give legal service to the clients that may desire my legal advices.

This training is realized through established institutions like School of Law where Lawyers go for specialize and practical training after obtaining their first degrees in Laws.

For Example, closer Home, Uganda had established an institution called Uganda has established an institution called Law Development Centre (LDC) where their graduands of Laws goes for training so that their enrollment into the Roll of advocates is guaranteed. This enables the country in question enhance competency in the legal profession as well as minimizing unnecessary influx of unqualified personnel into the profession.

In Kenya, graduands go to Kenya School of Law for advocate training after obtaining their bachelor degrees and one year into the training, they again go for a pupilage for six months after which, they can petition the Chief Justice of their Judiciary so that they are enrolled into the Roll of advocates and becomes full time trained and practicing advocates that are qualified to give legal service to their clients.

The same is the situation in the United States of America where getting to the bar in order to practice law is even very restricted so that for any advocate to practice law, they must take three years of training beside their initial attainment of Laws degree and this makes it more longer than the two East African countries that I have given as examples above.

This is the common procedure followed in most if not all of the countries all over the world and the whole policy behind this bureaucracy in the profession is to ensure that the qualification as advocate and service delivery are not compromised.

Now, after seeing the above examples and contrasting it with our own legal system in the Republic of South Sudan, then one must be assured and convinced that we are not an inch closer to the said systems let alone trying to be in the same level to qualifications with the countries that I have mentioned above.

Why do I say so, my conversation with the few legal minds and the leadership that is supposed to establish and facilitate the admission of advocates to the bar conclude that: one, if one graduated with a law degree like myself, the procedure is to present my degree to the ministry of justice which will in turn attaches me to a practicing advocate and after six or nine months, the said advocate will recommend me to the ministry of justice and I will be issued with a license to practice.

Two, that there is a proposed Legal training institute where legal personnel will be trained after their first qualifications and this would be equivalent to the school of law in other jurisdictions where the bar exams will be given. The same institution will also be a center for training judges and other legal personnel. However, the only problem with this institute is that it is still just but in the paper and it has not been established for the reasons best known to the policymakers.

Third, that one can study for six or so months, be given bar exams, and after passing them, then he/she can be given the license to practice but the puzzle about this and my colleagues did not tell me is, which exam body gives this bar examinations?

With the above three options of venturing into practice in our country, I came to the conclusion that we do not have a legal system in place because take number one where you are recommended by a practicing advocate after being attached to his/her law firm, this is not a good procedure because, legally, one does not go for pupilage before training which is what the intention of the first option tries to portrays.

This option is likely to be abused by those who want their relatives to practice by taking them into their law firms and recommending them for practice even when they lack the necessary skills and knowledge to do so.

Secondly, the ministry of justice only recommends the enrollment of an advocate to be enrolled by the chief justice to the bar and does not have any legitimate powers to give licenses to the advocates to practice, thirdly, the issuance of license to lawyers who are untrained but only attached to law firms for purposes of pupilage or favors is an upside down procedure and is tantamount to producing sub standard legal services to the country and an abuse to legal profession.

On the other hand, the second option of establishing legal training institute is a viable one although the name needs to be reviewed and a very straightforward legal framework put in place to hurry up its establishment. This is the only institution where efforts will be made to downsize the unscrupulous advocates who are the beneficiaries of the first option and usher in the crops of qualified advocates.

The question of studying for six months and sitting for bar exams needed to be qualified and efforts made to associate the same with the Legal Training Institute such that an examination body is known directly as an institution and not to keep the Lawyers in suspense as to which body offers them examinations to enables them practice.

Surmounting these challenges:
The only mechanisms through which this quagmire can be overcome is by promptly establishing a Law Training Centre where some of us who intend to practice can go for specialized training, secondly, the ministry of justice as an institution within the executive should only be limited to the powers of recommendations and the final enrollment of advocates be left to the prerogatives of the Judiciary, thirdly, the question of giving lawyers licenses before they have undertaken an advocate training should be discouraged or in fact, cancelled if the country intends to have a strong, vigorous, competitive and viable legal system among other family of nations.

Fourthly, the Law Society of South Sudan has a critical role to play by ensuring that all the lawyers, advocates and any legal practitioners have their names and any necessary details about themselves recorded with the society such that it can be able to check and supervise their activities and qualifications, in fact this is an institution that should be in charge of issuing, renewing and even withdrawing advocates licenses and give safeguards on other ethics of the profession.

In conclusion, an effective legal system in any country is the cornerstone of nation building because with it, principles of the rule of law, democracy, human rights, constitutionalism, checks and balances, transparency and accountability are guaranteed and therefore the realization of these great principles is anchored squarely on having qualified and professionals in each institution and most particularly in the institutions concerned with the interpretation of laws like the judiciary.

It is therefore my utmost believe that the concerned authorities will heed to these opinions and do what is necessary with regards to the question of establishing an effective and efficient legal system in our nascent country.

Juma Mabor Marial just graduated with a Bachelor of Laws Degree from the Catholic University of Eastern Africa, Kenya

Addis Ababa Agreements are Not New in the Sudanese Politics!

BY: Dr. Justin Ambago, UK, OCT. 9/2012; The Obama US administration can now congratulate itself for finally bringing Omer al Bashir, better known as a wanted by the International Criminal Court (ICC) sitting head of a state to seal a deal with his southern neighbour none other than General Kiir Mayardit of the new republic of South Sudan, in spite of the bitter tastes the two still have for each other.

As for the two Generals on the political divide it is a hard task to sell this Agreement on the streets of Juba or Khartoum and it is everyone’s knowledge that how much this Addis Ababa Agreement might have been whitewashed by Thabo Mbeki’s African Union High Implementation Panel (AUHIP), the fact remains that the masses at the grassroots in the two countries will remain sceptical of it for obvious reasons.

It is not the first agreement to be signed between the two parties with one party well known for systematically dishonouring them in a compulsive repetitive manner, probably a deeply entrenched behaviour ingrained by religiosity and social misconceptions.

This latest Addis Ababa Agreement between presidents Kiir and al Bashir is even seen as a continuation of the former Naivasha comprehensive peace agreement, often referred as the CPA African Union High Implementation Panel (AUHIP), the fact remains that the masses at the grassroots in the two countries will remain sceptical of it for obvious reasons.

For the NCP aka NIF this agreement will provide president al Bashir with a breathing space and maybe win for him the love of the US administration. This is necessary for al Bashir in a hope that it will also neutralize the urge of the international community to implement the ICC arrest warrant on his head, at the same time it is also hoped that the economic package that comes with the agreement may also reduce the general discontent in the streets as a result of the collapse in the economy following the secession of the oil rich South. All these are yet to be seen!

In Juba the picture however remains unclear and the news of signing an agreement between SPLM and the NCP is not really seen as a breakthrough in the new countryproblems given the real nature of the multifaceted challenges in interplay. The SPLM-led government cannot praise itself on this occasion because the agreement in its totality was signed out of desperation borne of a purely self-inflicted economic collapse.

The new country is 98% dependent on revenues generated from its only industry which is the Oil. And when president Kiir in a clearly knee-jerk reaction decided the abrupt shut down of the Oil production without a clear set policies as to how the country was going to survive in itself was and still remains a sign of immature leadership.

President Kiir and his colleagues in the SPLM-dominated government are no doubt desperate to put their hands on oil money otherwise their days are numbered. The dream to take foreign loans or get huge packages of financial grants from the so-called the Republic of South Sudan friends both faded out in the first week that followed.

The US and Europe are both in their worst economic situation and cannot afford to splash out money especially so to a government best known for public corruption and embezzlement of funds. How much proof that the international community needs more than the public admission by the South Sudan Head of State General Salva Kiir Mayardit that officials in his government have stolen well above $4 billion of public money before it is put off from lending money to Juba .

The ambitious and luxury dream of building a new capital city in the marshland of Ramciel coupled with the hope to construct an alternative Oil pipeline to the port of Lamu in neighbouring Kenya and another to the port of Djibouti through Ethiopia are all but how Juba intends to distract the citizens from criticizing its chronic financial mismanagement and misappropriations. A government that has categorically failed to bring to book its top officials which the President have identified in name as public thieves, can hardly be trusted to embark on any development schemes, let alone when the cost goes beyond $15 billion.

In this Addis Ababa Debacle, South Sudan in its efforts to reclaim its occupied territories of Kafia Kingi, Hufrat el Nahas, the Megainis Mechanized Scheme Area, al Joda, the Commercial Kaka and the Abyei Enclave, sadly ended up creating a new Abyei in the so-called Mile 14 which is now being ethnically contested by the nomadic Baggara from the Rezeigat tribe.

The flow of oil from fields deep in South Sudan may resume to flow through the pipelines in the northern neighbour though often seen as an enemy. And of course, it is hoped that economic strangulation will be relieved in favour of President Salva Kiir administration. Nonetheless, it is no longer a secret that unless there is a proper disengagement between the different political and military groups across what is now two Sudans, and hopefully to be followed by a healthy neighbourly relationship, no sound-minded human being can expect that this latest Addis Ababa Agreement is actually going to translate into peaceful coexistence in the region.

To compound the South Sudanese worry is the fact that government in Juba has now been internationally established as not only tribalistic, but it is also corrupt and kleptocratic in every meaning of this expression, these are based on the declaration by the country president, and his letters to other heads of states where he sought their help to recover the stolen funds.

To further confirm how deep the new country is in an administrative vacuum and widespread mismanagement, you only need to read the reports of South Sudan Auditor General, Hon. Steve Wondu a diplomat and a world class economist of high calibre. No doubt that this is a well-placed gentleman in his job.

South Sudan probably is the richest country in natural resources in the region, maybe only second to the Democratic Republic of the Congo. However, just like the DRC the people remain entrapped in abject poverty. Plagued with extremely weak and corrupt government institutions and almost non-existent transport network. It is extremely sad that, our country is rapidly sinking in the sea of abundant resources.

At this moment in time it is hoped that the people of South Sudan should learn their lesson, though, through the hard way. The sudden, unplanned and abrupt decision which led to the oil shutdown and what followed thereafter was one disaster after the other. Yet all want not negative though.

This particular period with all its upheavals prompted the South Sudanese politicians and masses alike to revisit their stands in as far as the ruling SPLM party is concerned. Today even the blindest SPLM supporter begins to see the intolerable corruption within the party ranks and files. The Sudan Peoples Liberation Army (SPLA), South Sudan national army is no exception to this self-discovering.

When the President came out openly to declare that he is leading one of the most corrupt governments in the world with identified 75 top embezzlers of the public funds, hell was let loose and now we are reading the UN Mission in South Sudan (UNIMISS) Human Rights Violation Report in Jonglei. The Report categorically describes in a lengthy detail how the SPLM misconduct during the infamous Jonglei Ethnic Cleansing Campaign (a genocide orchestrated to exterminate the Murle ethnic group from the surface of the Earth).

The UNIMISS Report has received a wide condemnation from the Jonglei State Governor Cdr. Kuol Manyang and he was also supported by South Sudan Chief Human Rights Commissioner Hon. Lawrence Korbandy who went even further to describe the entire report as 100% nonsense(Sudan Tribune). However, those who know how close Ms Hilde Johnson is to the SPLM leadership since the days of signing the Naivasha Comprehensive Peace Agreement (CPA) to date would have seen no reason why such an ally suddenly not only abandoned her friends, but even went an extra mile to discredit them.

Oil has become the single factor that pushes things around in South Sudan, and between it and its neighbours and especially with the republic of Sudan ( North Sudan ), this is crucial to understand. The concerns are that the South Sudan Oil Industry must undergo an overhaul, MOT. It is badly in need of overhauling with the introduction of a third party that can guarantee transparency and accountability.

Indeed, there is what one can call a national crisis when a hand picked elites who have turned the country, of size even bigger than states in Europe, into a totalitarian state. The common citizens in South Sudan do not understand how the Oil industry operates and how the money is spent. This has resulted in the general feeling amongst the populace that NOT only is the country only National Capital is being stolen by the government in Khartoum which controls the pipeline to Port Sudan and the oil refineries well placed deep in the north, but there is also a growing concern that the SPLM cadres have also behaved like vampires when it comes to Oil Revenues in the face of a completely neglected development projects and the absence of basic services, e.g. Health, Education, Security, Food and Transport.

Addis Ababa Agreements are Not New in the Sudanese Politics. And dishonouring them is also a common phenomenon. Its obvious that in the absence of real democracy, freedom of speech and expression, free press that can bring to light wrong policies and expose corruption, one agreement will go and another will come, but the status quo will remain the same. As a South Sudanese or friends of South Sudan, who reads this article, you need to come forward to champion a proper nation building. All agree that the real change can only come through the people of South Sudan . The challenge that faces the nation is how to create a people centered state where the people are enlightened and empowered and not just taken for granted. It thus needs no over-stressing that the resumption of Oil Industry under the same corrupt structure only makes things worse. Some will understand the argument, while others may need a while to appreciate it.

However, in a few weeks time we will all see that a badly managed Oil industry will NOT only drive the new republic of South Sudan into a political chaos, but it will as well likely set a precedent to anarchy and precisely ungovernability. Do not ask me how, better ask our neighbours in the Democratic Republic of Congo, the DRC.
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Author: Dr. Justin Ambago Ramba, Secretary General of the United South Sudan Party (USSP). He can reached at: justinramba@aol.co.uk or justinramba@doctors.net.uk or ambagoramba@ hotmail.co.uk

Objection presentation on the Partial Agreement on Post-Secession Issues between the Republic of South Sudan and the Republic of Sudan

Co-authored by: Beny Gideon Mabor and Dr. Thuoi Loi, Commentators on Politics and Governance, Juba, South Sudan, OCT. 3/2012;

We are honored and privileged at this roundtable to have been asked for a comment on the post secession issues agreement reached on September 27 in Addis Ababa, Ethiopia, and we do not represent any level of government nor political color but purely personal views in accordance with public interests. We substantially object the protocols of the agreement as follows:

1.Framework Agreement On The Status Of Nationals Of Other States And Related Matters (Four Freedoms).

As you have already heard the items of the agreement from the Pag’an Amum, SPLM Secretary General, please allow us to definitely refute item per item through social media as the only forum for individuals to express our views in accordance with press freedom guaranteed by the constitution and the law. First, on the framework agreement on the status of nationals of other states and related matters or generally the ‘four freedoms,’ part II of the Framework Agreement that is freedom to reside, move, undertake economic activity, acquire and dispose of property which is the intention of the whole agreement.

The legitimate questions here are as follows: (1) where do we benefit as South Sudanese in these freedoms considering our level of poor private sector development, trade and industry? (2) If such freedoms were
original desires of the Sudanese people before independence of South Sudan as stipulated in this agreement, why South Sudanese overwhelmingly voted for separation by 99.83 percent if peaceful co-existence was a voluntary will of the Sudanese by then? (3) We’re confident that nothing binds us anymore or any common interest between the Republic of South Sudan and Sudan with exception of few mutual interests governed by international law.

The four freedoms that exist between Sudan and Egypt are that they are both Arabs and Muslims and they share many things in common, unlike South Sudanese whose majority without any denial are Africans, Christians and animists. Therefore, the question is if there are advantages or well being of such freedoms, why not the Government of the Republic of South Sudan enter into such agreements with sisterly East, South and Central African Countries that have no conflicts of interests in politics, governance and religious beliefs with the Republic of South Sudan?

To our fear and the rest, the framework agreement will be a silent driving force toward potential unity of the country at any time should political leaders score their game. Germany did the same and South Sudan cannot be an exception if we don’t watch out. This potential unity project was also cemented by Ambassador Francis M. Deng three weeks ago before he left to go and take up South Sudan Embassy in the United Nations in New York.

With these so-called four freedoms, if the agreement is ratified by the Assemblies of the two States as the National Assembly in Sudan already ratified the agreement, then Sudanese spy agents will immediately thrive in South Sudan under disguise of the agreement on trade and trade-related issues stipulated under Article 3(v) of the Cooperation Agreement. Worriedly, they will do homework of collecting information across all sectors including strategic ones and send them to their masters in Khartoum Administration that may possibly jeopardize our national, economic and security interests.

Generally, those who supported the so-called four freedoms are the few ones with properties in Sudan and that is an ugly face of always advancing personal interest over public interest. We dismiss it and there is no
reason to have the four freedoms.

2. Outstanding Negotiations and CPA Commitments (Disputed & Claimed Boarder Areas and Abyei Referendum)
The above items are the focal point of all misunderstanding of the post-secession issues between Juba and Khartoum. The African Union High Level Implementation Panel and South Sudan Delegation were mishandled by Khartoum Delegation and President Bashir in person arrogantly rejected the agenda on Abyei Referendum and the disputed and claimed areas to be worked out.

The question of who is a resident of Abyei became a stalemate and the parties in presence of the AUHLIP mediating team failed to reach amicably a solution. From where do we expect further understanding on the final status of Abyei, disputed and claimed areas through AU Peace and Security Council as agreed under Article 4(2) of the Cooperation Agreement? And whether by law it is acceptable for the Permanent Court of Arbitration to entertain the same case of Abyei which was before it four years ago and its ruling was outrightly rejected by Khartoum government?

Legally speaking, we are not aware of other Arbitration Court than the Hague-based PCA whose its judgment on Abyei was final and have no jurisdiction to retrial the same. The AUHLIP, Ethiopians Government and the United Nations in ignorance of this bad faith from Sudan, yet have pressured the Republic of South Sudan to sign the soft agreements that were selectively worked out under the influence of Khartoum.

Therefore, where is the independence of the mediators and the best will of the agreements in such situation where a party in dispute has upper hand and conflict of interests in resolving dispute in question? Why the headache viability of the two states is only a major burden on the Republic of South Sudan and Khartoum does not care about it?

The tyranny government of the National Congress Party so far violates the principles of the African Union Constitutive Act and the United Nations Chapter concerning relations and cooperation between states and respect of each state sovereignty and territorial integrity. In fact Khartoum government even further violated the agreement on Article 2 (2) of this very Cooperation Agreement long time ago since the coming into force of the said agreements. Otherwise, they would have not entered our air space, encroached onto our lands and continued supporting militant groups to destabilize peace and security in South Sudan.

Indeed the Cooperation Agreement is of no use but a tactical delay in the best interests of Khartoum. It must be rejected and we seek other means of demarcating our boarder with Sudan and any means the voice of the Ngok Dinka people be heard even without referendum. The young men and women of 18 to 45 years know this more than anybody.

3. On Oil Agreement
This item is an agreement signed hurriedly by South Sudan Delegation knowingly that it is not good decision. They also know very well that it is not the popular will of the people of South Sudan whose Peoples Assembly endorsed the oil shutdown six months ago and whose civil population went on street across South Sudan in support of the same wise decision.

Compulsorily, the agreement was easily agreed by South Sudan Delegation or both parties with only option to survive and recover the economic bailout the governments are facing in the two countries. But is that the best decision? What is different now and before the war broke out in Heglig (Panthou)? This is clear evidence that there is nothing new about oil agreement. Khartoum has stolen our oil and the Government would have learned the lesson that catch a thief and take care of yourself. There is no reason to allow oil flow through their facilities again.

Second, the Republic of South Sudan gave up its economic interest and undertook to provide hostile Khartoum government with what is so-called transitional financial assistance (TFA) worth 3 billion US Dollars, the largest economic package ever given in the world in total defiance of our lowest gross domestic product upon which oil receipts account for 82% of the GDP according to the World Bank Economic Report in March 2012. The 3 billion US dollar to date in the minds of many stakeholders and the citizens is not clear and has no legal basis to pay it.

Therefore, the question is why we pay Khartoum such money including acceptance of oil to flow through Port Sudan again when in fact we did not reach agreements on two strategic issues of border demarcation and the fate of the people of Abyei? Is it not clear that Khartoum will increase their military position with this very money and will not listen to us nor reach any agreement on the outstanding issues of the CPA and commitments?

Nevertheless, it is finally clear and of course undeniable that our government has terribly misused the oil money for the last eight years as salaries and other dubious businesses engineered by corruption. The reason why we are where we are today. Do you know why the government was under pressure to sign the oil agreement? It is simply because the government failed to revitalize non-oil revenues and finally failed to build alternative oil pipelines through other friendly countries for the last eight years.

It is evident that we are running out of reserves to run the government. Ironically, whose fault is that between the citizens and the government?

With this oil agreement if mistakenly ratified by the South Sudan Assembly, will the Government of South Sudan and our President Gen. Salva Kiir promise to form a government of accountability, transparency and the rule of law where the suspects of corrupt offences accused to have stolen 4 billion USD are weeded out?

We are afraid when the SPLM Secretary General said that they have brought the agreement but that the effective management of resources is not his responsibility but of the government.

In conclusion, we are of the opinion that the South Sudan National Legislative Assembly, pursuant to Article 3(2) of the Cooperation Agreement not to ratify these agreements. This is in consideration of the above implications surrounding the partial deal that the Republic of South Sudan incurs double losses in its resources and security interest.

The renegotiation of the CPA 2005 is a clear negation of our sovereignty and integrity. The people of South Sudan have suffered so far and it is not new to us to continue suffering until the Government of the Republic of South Sudan secured a good deal on its oil transits mechanism through other means in order to safeguard our total sovereignty and territorial integrity as the foundational principles of our constitution which we are ready to defend and abide by it.

(Thanks you moderator Gabriel Joseph Shadar, Philip James and Radio Miraya dear listeners.) The authors can be reached thru: benygmabor@gmail.com
God bless South Sudan
(Disclaimer: The opinions expressed above are those of the authors and don’t represent the website)

Beny Gideon Mabor,
Tel:+211955812788/+211928879891

Dinka Malual betrayed: Going North or Going it alone?

The devil is in the details of South Sudan and Sudan oil agreement for Dinka Malual

Martin Garang Aher, AUSTRALIA, SEP 2/2012, SSN; September 27, 2012 will be reminisced by Dinka Malual of Northern Bahr el Ghazal as the month which brought back to life the dark history over the control of the frontiers with Rizeigat Baggara of Southern Darfur. On that day in the Ethiopian capital, Addis Ababa, presidents Bashir and Kiir swapped the rhetoric with brotherhood; a new cowboy-hat-on-the-bald amity; and together they signed oil agreement which is courteously wrapped in throngs of other subsidiary agreements to form an angel in the framework.

The entire deal, which comprised of nine bilateral agreements, included the diabolical insertion of Mile 14 pasture-land between Dinka Malual and the Rizeigat into the national frame of both countries, thereby making it a bitterly contested border zone.

Panthou is already a thing of the past and Abyei referendum, always used as a winning bargain or peace mantle by South Sudan, remains as elusive as ever.

To Dinka Malual, nonetheless, Mile 14 situation is almost akin to the time between 1860 and 1880 when Zubeir Pasha formed forces with the Arab Rizeigat and drove Dinka Malual beyond River Kiir/Bahr el Arab.

Though the Rizeigat had had the backing of the authorities most of the times that they ventured southwards, their numerous attempts in the early twentieth century had been prohibited forcefully by Dinka Malual. The result had been continuous traditionally acknowledged seasonal agreements between the two communities on how to access pastures on either side of River Kiir.

It is important to note that Dinka Malual never go to Dar Rizeigat for pastures. Always, it is Dinka Malual that are forced to open up and be accommodating. And judging by the recent Kiir-Bashir agreement, they have once again been forced – perhaps sooner or later – to relent for the sake of peace that ought to kill them.

Of course the anger is enormous in Aweil community worldwide. Some think they have been abandoned by their government through allowing another opportunity for the marauding Arab Murahaleen to resume their rustling; while others view it as a trading off of their land for Abyei, a region that initially legally and administratively chose not to be part of South Sudan.

Common men are asking whether Aweil should shoulder Abyei’s problem. But the reality is that both Aweil and Abyei will always shoulder their own problems with Rizeigat and Misseriya. And all have burdens to share with South Sudan and the Sudan.

Where is Mile 14 conundrum, or what Mr. Magdi Gigouli, a notable Rift Valley scholar, referred to as ‘Abyei in the making’ heading to? Might we be seeing old wounds being pricked once again?

Paul Malong Awan Anei, the governor of Northern Bahr el Ghazal State, a former general in the SPLA army, a native of Dinka Malual whose part of his native area lies within Mile 14 and a veteran who sustained more than eight bullet wounds from the Baggara as the then zonal commander in the Second Sudanese Civil war in Aweil area Command Post, made a no less show prior to the conclusion of Kiir-Bashir talks in Addis Ababa.

Upon sensing that his state’s national security would be offered as a sacrificial lamb, he hastily went to the Ethiopian capital where he had talks with his boss, president Kir and the mediating team.

One is unsure if in the tense and pressurized atmosphere of the negotiations Kiir was able to listen to him.

Governor Paul Malong’s message to South Sudanese upon return in Juba and to Aweil citizens in particular was no less categorical.

“I want to assure you that we are in Mile 14 and we will be there to stay. This is our area and we know how to manage relations,’ he said.

He had indeed fumed earlier on that implementation of such an agreement would be done when he is not there. Whether this indicates a resignation or an old adage, ‘over my dead body,’ is a matter open to interpretation.

The whole scenario of withdrawing SPLA forces ten kilometers south of Kiir River thereby paving way for creating a safer border demilitarized zone (SBDZ) carries an emotional charge among Dinka Malual of Northern Bahr el Ghazal.

To the Rizeigat, it may mean an implementation of the boundary which the British governor of Bahr el Ghazal, Mervyn Wheatley and the then governor of Darfur, Patrick Munro agreed on and imposed in 1924; Dinka Malual never accepted the agreement that went any mile beyond Kiir River.

And to Dinka Malual, it is another imposition in which they are never consulted that had just occurred. The Sudanese had a delegation of Rizeigat presenting their case to the African Union High Implementation Panel (AUHIP) while South Sudan government never spoke with the Dinka Malual, the custodians of the border clues.

This already justifies trouble. Both Dinka Malual and Rizeigat are a surprise to one another when it comes to what goes on along Kiir River. In all the historical wars on Kiir River, it begins with pastures, picks up in the water, culminates in the rustling and fully accelerates in the blood.

Many South Sudanese would not agree with Mile 14 being a contested area. However, given the economical implications that the oil shut-down had created, sceptics perceive this latest agreement as a sell-out to Khartoum for the oil to flow.

Khartoum might praise its negotiation skills and view Kiir-Bashir agreement as a booty of war of attrition.The economic implication of oil stoppage gives an impression that South Sudan is dying for cash. The national treasury is running dry.

In any sense, South Sudan is now frantically paying heavily for halting its oil torrent which constitutes the mildly-spoken ‘lifeblood’ of the two nations by many analysts.

The craving for economic freedom that accompanied government decision to stop the oil flow in the first place is now being run down by an avalanche of desperation. People are angry and hungry. When South Sudan shut down its oil earlier in 2012, hunger was a minute thing that could be sustained. What was at stake was the national pride and economic freedom.

The South Sudan chief negotiator, Pagan Amum – just like his country men and women who demonstrated on the streets of Juba in support of the decision that halted oil transit through theft-perforated pipeline of the Sudan – asserted his contentment saying it was a matter of national economic freedom. So it was, no doubt.

But to Dinka Malual, the adored economic freedom is now forfeiting their land for cash. The freedom in demand for Malual Giernyang or Malual Buoth Anyaar, as they fondly call themselves, is not only economic or political, it is freedom from dispossession that they must counter from any Sudan, be it South Sudan or Sudan.

And as the governor asserted, so are the people of Aweil who will have to join the land when it goes north, or hang on to it to the detriment of peace between the two Sudans.

Martin Garang Aher is a South Sudanese residing in Western Australia. He can be reached at garangaher@hotmail.com

Regards, Martin Garang Aher.
‘Busara itakulinda, ufahamu utakuhifadhi’
Mithali 2:11
(Disclaimer: The views expressed above are solely those of the author(s) and do not represent the website.)

Did Abyei paramount chief Deng Kuol Arop sell his soul

BY: Leon Nyerere, CANADA, SEP. 30/2012, SSN; Before I delve into the subject, I’d like to inform the readers that I’m using ‘devil’