Equatorian Leaders in Diaspora reject creation of 28 States in RSS

Press Release,

SUBJECT: PRESIDENTIAL ORDER FOR THE CREATION OF 28 STATES IN THE REPUBLIC OF SOUTH SUDAN.

Date: 4th October 2015

We, the Equatorian leaders in Diaspora (United States of America, Australia, Canada, and United Kingdom), speaking on behalf of our constituents and as stakeholders in South Sudan political situation, reject the Presidential order number 36/2015 AD issued by President Salva Kiir Mayardit on South Sudan Television (SSTV) on the night of Friday 2nd October 2015 for the creation of 28 states in the Republic of South Sudan. Currently, South Sudan has 10 states. The order has come as a surprise to most South Sudanese.

We reject the issuing of the Presidential order for a number of reasons, including the following:

1. Procedural matter: We consider that such an important matter of creating new states requires a democratic process to be followed. It should involve The Council of States as stipulated in the Transitional Constitution of the Republic of South Sudan Articles 161 (3), (4). In addition, the people of South Sudan should also be consulted. None of these happened. Therefore, the President has undermined the expected democratic process and values, which he is supposed to uphold.

2. Unconstitutional action: The current constitution of South Sudan states that there shall be 10 states in the Republic of South Sudan, and that no one is above the law, including the President. The President’s action in relation to issuing an order to create 28 States in the Republic of South Sudan violates the constitution and it amounts to amendment of the Interim Constitution of the Republic of South Sudan, outside his power. The key extracts of the Interim Constitution states that:

Article 3
(1) This Constitution derives its authority from the will of the people and shall be the supreme law of the land. It shall have a binding force on all persons, institutions, organs and agencies of government throughout the Country

According to the constitution “States of South Sudan”: Article 161
(1) The territory of South Sudan is composed of TEN states governed on the basis of decentralisation.
(2) The constitutions of the states shall conform to this constitution.
(3) State boundaries shall not be altered except by a resolution of the Council of States approved by two- thirds of all members.
(4) Names of states and their capital towns shall not be altered except by a resolution of the Council of States approved by a simple majority on the recommendation of the relevant State Assembly.

The President has broken his oath by not consulting the members of the National and State Assemblies that represent the people of South Sudan.

Therefore, the President’s action to create 28 states is unconstitutional. Any amendment to the Constitution for creating new states can only be carried out by the Parliament, and not the President.

3. Against the spirit of the current peace agreement: The unilateral action of the President to issue an order for the creation of 28 states in the Republic of South Sudan runs contrary to the current Agreement on the Resolution of the Conflict in South Sudan. The power sharing formula of the Agreement Chapter 1 Articles 1.1.6, 15.2 and 15.3 is based on 10 states, and not 28 states. The action of the President can be interpreted to mean an act of derailing the peace agreement.

In conclusion, we reject the order by President Salva Kiir Mayardit for the creation of 28 States in the Republic of South Sudan, on the grounds of procedural and constitutional matter, and that it is against the spirit of the recently signed peace agreement.

We request IGAD plus to intervene in order to ensure the peace agreement is implemented in full, both in letter and spirit. No party should be allowed to undermine the peace agreement by unilateral actions that are not stipulated in the agreement.

We call upon the people of South Sudan to reject the order of the President. The people of South Sudan have not been consulted on such an important and major issue of creation of new states.

THE EQUATORIAN LEADERS IN THE DIASPORA:

1. Federico Vuni, Equatorian Community Leader in the UK
2. Mr. Kwaje Lasu, Equatorian Community Leader in the US
3. Mr. Joseph Modi, Equatorian Community Leader in Canada
4. Mr William Orule Equatorian Community Leader in Australia

Contact email: livi.hope@yahoo.co.uk

7 Comments

  1. False Millionaire says:

    Editor,
    Such tribal organizations as,”THE EQUATORIAN LEADERS IN THE DIASPORA”,aren’t they the same undue counter parts of the Jieng Council of Elders?!!!

    • info@southsudannation says:

      False Millionaire,
      Whilst my job basically is to publish articles sent to this website, however for your satisfaction, I may just interject here that this group of Equatorian leaders made up of multiple tribes in the Diaspora is diametrically unlike the Jieng Council of Elders which is obviously a one-tribe only organization.
      You can see the difference as clearly as between fire and water, one is good, the other is very evil. Thanks for asking.
      Editor

    • Eastern says:

      False Millionaire,

      This is the fallacy you Dinkas are grappling with. EQuatoria is not a tribe but rather a group of tribes sharing a lot in common. Most Equatorians can coexist with one another as a result. The dinkas have been invious of the Equatorians for a long time. Now Kiir’s latest decree is being implemented to destroy the Equatoria Brand for lack of a better word!

      Myopic Equatorian leaders like Louis Lobong are quickly buying into this Equatorian Brand destruction scheme!

  2. Alier-kon says:

    why do they reject the creations of 28 states and they will managed their own affairs as it was their demand.
    so any one who rejected this plan is rebel and there is no room for them here.
    follow your Riek Machar where ever you wanted to go.

  3. Jim Monyekak says:

    Alier-kon,

    No one rejects the creation of 28 or ven 64 states in South Sudan. Question is whether this was procedural and what powers would be devolved to the states. There was no benchmarking or standards used to create these states on e.g. along ethnic borders, human and natural resources potential, cultural diversities, population, level of education/skills/comptencies etc You may have states with no or hardly any skilled workers like in Jok or Lol states who will be a financial and human burden on others. We even do not know whether this is decentralization or federalism and whether Kiir or Malong will handpick a governor or the people to freely choose. As a die-hard Equatorian, Kiir has facilitated Kokora that is good and we wish now all jienges pack their bags and go home to develop their luaks into civilized and habitable cities and not idly sit under Juba verandas doing nothing.Equatorians dont want the oil, just in case you think we do. No. We do not need it. What we need is jienge-free Equatoria: in Nimule, Maridi, Yei, Torit etc. Dr. Riak, Lt. Gen. Gore, Maj. Gen. Martin Kenyi and the others will bring sanity to South Sudan.

  4. A Lako Lukudu says:

    The creation of these extra States should be applauded….this is one move that I will give President Kirr a standing ovation on. A bold move to tell all the Dinkas and Nuers to go to their respective localities and build your towns and feed your population instead of sticking in the camps for UNMISS to feed and protect you. If these two tribes really want to coexist, this is the chance for both tribes to accept this offer and move up Northward so we all build our towns the way we want…seems they have forgotten where they come from!

    • Diktor Agarab says:

      Lako Lukudu,

      If Jenge failed to moved to their states during the previous 10 states, what makes you think they’ll return there with the 28?

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