Remaining Contentious Issues of Peace Accord: Jieng Council of Elders

The Republic of South Sudan
The Jieng Council of Elders
(JCE)

August 23, 2015, SSN;

Remaining Contentious Issues

1. Composition and Decision-Making in the Presidency:

– The first problem is found in Chapter 1, Article 9, Clause 9.1.1 & 2, which states that the President and First Vice President shall seek to reach an agreement on matters of Executive Administration and where appropriate involve the Vice President, especially if both the President and First Vice President agree to do so.

There must be a definitive provision that ensures that the Vice President is not sidelined and relegated. He should participate all the time without having to be invited.

– Clause 9.1.3 states that when there is a deadlock in the presidency, the matter shall be decided in the cabinet by 67% (two-third majority) and the decision of the Council of Ministers shall be final.

This provision simply stifled the working relationship of the presidency and carries the potential to breed frustration and conflict. The President usually has the last word.

2. Selection of Ministers and Deputy Ministers

– The agreement provides for lottery-like selection of ministries
– This has a potential to create potential problems and conflict.

3. The decision making in the Cabinet

– Like the presidency, the decision-making in the cabinet is mandatory to be 67% (two-third majority) to reach an agreement, it the absence of consensus. This is not a suitable arrangement.

– As stated above, it carries the potential for conflict and may frustrate the normal functioning of government.

4. The nomination of governors of three states, Jonglei, Upper Nile, and Unity State and the Power Sharing Ratios
– Chapter 1, Article 15, Clause 15.1 stipulates that the governments of the Upper Nile region would have to be reconstituted and that the Opposition shall nominate the governors of Upper Nile and Unity States, while the government shall nominate the governor of Jonglei State.

– The most obvious problem with this provision is that it creates a special status for three states without providing any proper justification. This has a potential to perpetuate conflict in the region and raise stakes for ethnic competition.

– Clause 15.2 of the same article, provides power sharing ratios for the three states as 46% for the GRSS, 40% Opposition, 7% FDs and 7% for other parties.

– The problem is why create a special status for the three states? This has the potential to stoke ethnic competition and raise tensions and potentially lead to internal fighting in the three states.

– What is more absurd is that the Upper Nile shall always feel that it has a special status and this does not bode well for the unity of the country.

5. The demilitarization of Juba

– Chapter 2, Article 5, Clause 5.1 talks about the redeployment of the army 25Km outside Juba to begin one month after the signing of this agreement and completed three months later.

– This is obviously a matter of sovereignty and there is no real justification for this, unless there is something sinister being hutched somewhere. Therefore, it is unacceptable.

6. The question of maintaining two armies for 18 months.

– Chapter 2, Article 7, Clause 7.1 discusses the unification of forces as a process that shall take 18 months.

– This is obviously problematic, as it is difficult to have two military command structures in one country. The proposal of the government was more reasonable, which talks about 90 days integration process and there shouldn’t be any need for extension, it shall be determined by the ceasefire mechanism.

– Those who insist on having two armies in one country should be treated with serious suspicion.

7. The issue of Hybrid Court of South Sudan (HCSS)

– Its jurisdiction and its powers are of tremendous concern.

– More importantly, Article 3, Clause 3.5.5 of the same chapter, when read together with Article 4 of this chapter, there are so many red flags that should be raised.

– Clause 3.5.5 talks about criminal liability, stating in no uncertain terms that no one shall be exempted from criminal responsibility on account of their official capacity as government officials, an elected official, or claim defense of superior orders.

– Article 4 (although the numbering is confused) of this chapter states that, individuals indicted or convicted by the HCSS shall not be eligible for participation in the TGNOU (Transitional Government of National Unity), or in its successor governments for a period to be determined by law, or, if already participating in the TGNOU, or its successor governments, they shall lose their positions in the government.

– If the two clauses above do not cause you concern, the analyses above is very clear. In fact, these are the two most dangerous clauses in this agreement more than anything else. If the government accepts this, it should rest assure that the president could be remove from power. No matter what the pressure may be, we should not accept these two clauses. It is better for the president to be arrested forcefully, rather than being sent off to foreign courts.

8. The powers and composition of JMEC
– Chapter 7 discusses the establishment of the Joint Monitoring and Evaluation Commission (JMEC).
– Its composition, leadership, mandate and powers is seriously harmful to the nation, see clauses 2.1—2.4 for this.
– Clauses 2.5 and 2.6 talk about whom the chairperson shall be and how he will be appointed and who endorses its terms of reference.
– Articles 4 and 5 of this chapter discuss the institutions that JMEC shall oversee as well as the reporting mechanism. These articles are very serious; especially article 5 should be read carefully. It talks about JMEC reporting to IGAD, AU, UN SG and the UN Security Council. This is Trusteeship part supported by the provisions of Hybrid Court.
– Article 6, gives JMEC additional leverage to ask TGNOU to accede more powers to it in order to break deadlocks. Therefore, JMEC has supreme mandate in the agreement over the Constitution and other laws in the country. END

22 Comments

  1. Kenyi Kenyi says:

    Fake analysis!!!!!!!!!!!!!!!
    It is the Dinka Council of elders who invoked the violence and therefore must fear/face its consequences. How else would justice be served without special court? What is the use of court if no one is tried? For how long will killers continue to rule our country and therefore resort to killing if removed or if asked to leave power? Why is it out of 64 tribes in South Sudan you make the most noise?

  2. Simba says:

    The real question is that why would anyone take these concerns seriously, when these same whingers were given years to implement something better but failed to do so.

    It is like saying: i dont have a solution, but i dont like your solution.

    Well, IGAD+ is here now…time to give it a chance and hush down those cynical thugs who bark against it.

  3. Joana Adams says:

    JCE,

    The Evil Council has no mandate to talk on behalf of the nation. Shame on you for misleading the president, starting the war and holding a supposedly national president hostage.
    When you fail to win a war you foolishly initiate, you must accept compromise, in fact you are very fortunate that the genocidal president is retained to rule a country he has betrayed. You seem not to understand that this nation belong to 63 other ethnic groups as well. You have been told by the AU Chair that this Agreement is “balanced” Greement and I will add “fair and provides a win- win solution”. Stop behaving like a bunch of delinquent 7 year olds who have no awareness of others, and accept a deal you actually don’t deserve or go to hell!
    Your so called contentious issues are no issues at all, but issues in your derranged minds. Don’t waste our time. The country is bleeding and mourning day in, day out. Women and children are dying needlessly. South Sudanese need peace. Come out of your paranoia, accept to co-exist peacefully with others or move your black-hat government to your fatherland in Rumbek or Kuajok, for separate development, (apartheid) until you are ready to join a community of citizen society.
    Congratulations Dr. Riek Machar; congratulations SPLA/IO; Congratulations all the other stake holders!

    Angry citizen Joana

  4. Tyson says:

    Ha Ha Ha… Jenge hooligans and criminals. Who told you that a country is governed like a cattle camp where you enjoy cattle rustling, stealing, killing, raping, etc. From 2005 to date, you have been killing South Sudan by your criminal behaviors of rampant killing, looting, raping, land grabbing, syphooning national coffers, etc. South Sudan is not your property. It is time you account for your crimes and leave our grabbed lands.
    It is shameful for the whole world to know your ugly behaviors, indeed a luaghing stock!!!!

  5. deng handbol says:

    JCE, you are all doomed to finish. Why I say this? Is because there will be no more Dinka domination over others. more importantly, whether you like it or not Greater Upper Nile will ally it self to Greater Equatoria to form a federal system with out Greater Bar- Ghazal.
    Shame on you ya Grand sons of slaves.

  6. Drago says:

    The so called Dinka Council of Evils thought that south Sudan belongs to them only. However, they fail flat to derail the peace, now they resort to media propaganda. Congrats to Dr. Riek and Congrats to IO.

  7. Choromke Jas says:

    To UN: The first suspect has reported itself. Previously, I listed the evil JCE as a candidate for sanction. Do we need another evidence? I am satisfied that the Sanction will remain on the table during the duration of the Agreement. Slap one on this dark angel pour encourager les autres (not sure about the French spelling). Hurray!! Peace is here!

    • Joana Adams says:

      Bro Jas,
      It’s now time for the tea party. By the way LGarang Gatkuoth is not invited.

      Peace to South Sudan, Peace to our homeland!

      Joana

  8. John Kijana says:

    These jienge elders should have appended their names to this document, so that it looks authentic or at most sent in a pdf format with their jienge council logo. Otherwise, this is work of some lone jienge renegade disguised as a council. We shall track them down, once we get to Juba, these scoundrels.

  9. Eli says:

    Truelly JCE is scared and they should be, you refused to heed to many advise and voices of wisdom on this site and from every other sources. You deserve nothing but dishonourable discharge and you are criminally liable for all human right abuses and genicides you have the rights to face fair and just trial, I for one hope that you all end up behind bars for life just like Mohammed Mursi Ex. President of Egypt for causing every evil imaginable.
    Bravo to Freedom fighters. We are here and ready to face Salva Kirr and win even if it means by gun barrels.
    Eli Wani

  10. Alier Gai says:

    Guys, stop running your months negatively while chanting for peace in one hand. You were talking about Kiir’s removal by the mean of force during the past two years and many years back in the counting, and that was a dream in no dream achieved and table talks are now easy than doing the opposite then. Be honest and let make a deal here to make peace achievable. And by continuing to stretch your tongues as far as its limit and nothing is much better than earlier, is a sign of depersonalization disorders which controls the processes of your thinking in denying the truth. No winner in the end and it is time to realize that than to push these unwanted personalities on us through wrong judgments. Let peace process take effect immediately without more ado of your senseless judgments on others. Macher and kiir and Dinka and Nuer and Equatoria’s tribes are altogether our problems. there is no good leadership from the outset. Nuer elders are as blind as this war is blamed on Dinka elders, and the same thing is applied to equatoria elders who are now in the confounding state of their dissatisfactions. They are all without wisdom or otherwise, we should have been better than the current mess of violence we are in. You are deceiving yourselves when you are blaming others for your failures when your own failures are in you. The more we talk, the worse we become.

  11. Job says:

    What are these nonentities called nyamnyam mocking? Since when has Equatorian voices ever mattered in South Sudanese affairs?

    • info@southsudannation says:

      Job,
      You must have been a kid then. Remember 1983 when president Tambura led the kokora?
      Go backwards and forwards, and you will be plentifully educated.
      Editor

  12. Eli says:

    No matter how bad this peace deal may sound, its the beginning of a new chapter, unlike the past efforts this time the whole world namely the UN, TROIKA, AU, and the IGAD delegates coming together to help every South Sudanese out of the bottomless pit. And it isn’t about power or number or ethnicity but about progress and tranquility.
    But the most of all is that all the culprits found guilty in the courts of law of committing human rights abuses and stealing national wealth must face justice.
    Please find below here what President Kenyatta said;

    When Kenya’s President Kenyatta said there was “no such thing as a perfect agreement”, it was clear it had been a tough day around a table.
    People shouldn’t see “obstacles, but opportunity and hope,” he added.

    Again it isn’t about Kirr or Dr Machar or Nuers or Equatorians or Dinkas but its all about the welfare of the South Sudanese people.

  13. Francis Mangok Angeir says:

    Dear South Sudanese,

    It is unfortunate that you people put UN head of you more than God and your leaders, but I tell you brothers and sisters the consideration of UN in your life is biggest mistake you ever made and if you do not weight the war against UN to leave your country, you would be suffering and fight forever. First of all, the allowing UN into your politic and security of your country is the problem because UN and Catholic are organizations that form by West to destroy the Africa because these organizations are always involve in the country politics than keeping themselves away from country constitutions. UN organization always intervene in the country politics in Africa more than they do in the West and that is what South Sudanese and African leaders should have to understand and ask why.

    In US for example, many innocents people have been killed particular African American. Yesterday African American Journalist who fired two years ago killed two journalists yesterday, but UN never ever condemn the US government and polices in US. In US there are many homeless and many people live in poverty, but there is no any single day UN talk about these poor people in US why in Africa. African should have to open their eyes to UN organization because what UN is doing in African is different things than in the West and people should have to avoid embracing UN as particular helper organization.

    Many South Sudanese do not pray to God to stop killing one another, but they pray to UN to stop killing themselves because they see UN as their God. UN would never give you wisdom to make peace, but God would because God creates you and give you that land as promise land to live. You must stop praise UN because UN is the worse organization that make people lazy and poor. UN also make people to continue killing themselves in order to continue with their business in the country. Trust God and pray to Him to bring this senseless war to the end, but not UN please.

    • Eli says:

      Francis
      “God is not a man that he should lie…..” Numbers 23:19, God promised to punish Sudan/ S.South Sudan/Ethiopia in Isaiah 18-22. These prophesies must come to past because God does not lie. The People of South Sudan and Sudan are praying that is why there is coming waves of Holy Spirit to convict us and return to God.

      UN wouldn’t have come if we all acted like adults, UN has no choice but to intervene when war crimes against innocent people are being committed in the daylights, and it was the behaviors of people and hatreds of others that your tribemen have for others that has torn this Country apart.

      Have you already forgotten that it was in the streets of S. Sudan and in particular the Bahr Ghazals who demonstrated against the UN and said all kinds of bad things about UNIMISS? Is your memory so short like that?
      Well UN is not a country but groups of nations including its newest member the Republic of South Sudan. Once you join the UN, then you have pledged to abide by its regulations, and so far South Sudan government have already broken every rules as far as human rights abuse is concerned.

      So UN is most welcomed to carry on its duties in South Sudan, until we all start to discern and act like independent nation UN should stay for whatever the length it takes to instill upon our leaders the true meaning of proper governance and respect of human rights.
      Francis, How comes you don’t criticize the UPDF, Chinese, Sudanese rebels inside S. Sudan etc, isn’t that already iiligal occupation according to you? I think you are bias in your arguments.

    • Sossa patriot says:

      When you reach the level of development of countries like the US, then you complain if the UN gets involved. Otherwise your argument is baseless. Have you ever heard of the UN getting involved in internal affairs of African countries like Botwswana, South Africa, Tanzania or Ghana (Ghana even contributed troops for UNMISS)? Have you asked yourself why? It is because these countries have mature, responsible and civil leadership. Only when you stop butchering citizens and desist from primitive, irresponsible behaviour will the UN respect you as a decent and responsible member of the community of nations. Otherwise, it is better for the UN to take over and rule the country

  14. tutu says:

    Jieng is getting ready for the war, we are ready to dislodge any compromise, conspiracy against isn’t going to work at
    all, let this devil comes in first, and we will deal with him accordingly. Don’t celebrate.

  15. Toria says:

    Tutu
    Your’s is a last kick of a dying horse, like a mad dog barking at shaddows of everything. You dinkas are like wounded buffaloes looking for someone to die with. Go ahead and start the war. This time everyone has seen the true colors of Dinkas and you are on your own. This will be like dinka verses everyone, 64 minus 1 loser equals 63 winners.

  16. Lokoronyo says:

    When a policeman blows a whistle at the midst of a crowd, it is always the criminal who feels guilty of some sorts of crime that panics.

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