BY: BOL Ruach Rom, OCT/05/2015, SSN;
South Sudanese were caught by surprise when president Kiir set ablaze the Compromise Peace Agreement by issuing a unilateral Presidential Order No. 36/2015 AD on Friday October 2nd, 2015, in an abrupt move to expand the existing ten states into twenty eight as follows:
(a) Greater Equatoria: Imatong, Namurnyang, Maridi, Amadi, Gbudwe, Juba, Terekeka, Yei River, (b) Greater Bhar el Ghazal: Wau, Aweil, Lol, Aweil East, Twic East, Gogrial East, Tonj, Eastern Lakes, Western Lakes, Gok and
(c) Greater Upper Nile: Northern Lich, Southern Lich, Ruweng, Eastern Nile, Jonglei, Western Nile, Western Bieh, Eastern Bieh, Latjor and Boma.
The first administrative breach of compromise peace agreement:
Gen. Salva Kiir Mayardit appended his signature with reservations ten days later August 26th, 2015 in Juba on the IGAD Plus proposed compromise peace agreement on resolution of the conflict in the Republic of South Sudan which was formally signed by Dr. Riek Machar Teny, chairman and commander in chief of the SPLM/A on August 17th, 2015 in Addis Ababa.
The agreement has imposed TEN STATES on South Sudan for a period of 30 months and referred the federal arrangements to the constitutional promulgation mechanism.
The signed and rectified agreement by both parties overrides the constitution and any other law of the land in case of dispute on its interpretation therein.
Moreover, Article 161 of the Constitution says ‘the territory of South Sudan shall compose of ten states,’ therefore the President has no right to create additional states unless the people of South Sudan demand for them in the constitutional amendments processes.
Mindful of the statement of President Salva Kiir Mayardit during his signing ceremony at Freedom hall in Juba on August 26th, 2015, he said and I quote, “Such reservations if ignored would not be in the interests of just and lasting peace…..The text was not a Bible, not the Koran, why should it not be revisited?”
On same occasion, one of the President’s hardliners, Michael Makuei Lueth, Minister of Information, Communication and Broadcasting protested President’s signature, walked out of the meeting hall and when approached to wait for sometimes by protocol team; he scolded at them said and I quoted, “I don’t give a damn, let him (President) surrender alone.”
With above quotes, the government in Juba snubs on its goodwill, commitment and vigorously holds on its reservations list despite Regional and International pressure.
The abrupt creation of twenty eight (28) states contrary to the constitution and the compromise peace agreement is the first administrative breach to the peace deal.
This deliberate act of violation sends a signal to the common man that the signed compromise peace agreement is at verge of imminent collapse.
The president and his minister Michael Makuei Lueth ebbed and skewed off the peace accord to defend the status quo as usual.
Their ill intention against peace made Kiir turn down the invitation of Ban Ki Moon, Secretary General of the United Nations to New York on the pretext of time constraints; furthermore, both leaders mimicked that ‘President Kiir is treated like a school boy.’
The behavior of Kleptocrats in Juba fits into Dr. Stephen R. Covey’s quote: “The more you invest your egos into your perceptions, the more rigid your minds become and the more frozen your responses are.”
The government of South Sudan had utterly rejected such demands during negotiation phases for nearly two years until IGAD Plus and the International Peace Partners had to pressure the SPLM/A to drop its federal demand of 21 states pending constitutional promulgation processes as a compromised position in the last round of peace talks.
What prompted the creation of twenty eight states again after the peace deal? Is President Salva Kiir Mayardit renegotiation clauses in the agreement as he promised that it’s neither a Bible nor a Koran to be revisit?
Annexation of land and oil to build Dinka Empire:
My second point of reaction is on the annexation of land and oil to Padang Dinka in Greater Upper Nile Region; however, as an Upper Nilian, I would like to confine my argument to land and oil encroachment in Upper Nile State as a burning pot caused by such tribal entities.
Upper Nile State is inhabited by five different tribes mainly in thirteen counties as follows: (a) Jikany Nuer inhabit: Nasir, Maiwut, Longechuk, Ulang,
(b) Collo land: Malakal, Panyikango, Fashoda, Manyo,
(c) Padang Dinka: Baliet, Melut, Renk and later Akoka,
(d) Burun: Mabaan and
(e) Komo live in Maiwut and Longechuk with Jikany-Gaajaak subsection.
Unfortunately, with majority of dictatorial tendency, “a dictatorship of the majority encroaches on the right of the minority/individual.”
The Dinka domination in the center outwardly encroached parts of Collo land to Padang Dinka in Atar/Figi, Khorfulus, Baliet and Akoka.
This land encroachment policy develops grudges between Collo tribe and Padang Dinka communities.
One incident witnessed by President Salva Kiir Mayardit and the Sudanese President Omer Hassan el Bashir at Malakal stadium was in January 2009 when groups of folklore teams from Collo and Padang Dinka fought over who should open the CPA celebration before the other.
In the afternoon of the same day, the fight extended like a wild fire to Malakal peripheries of Anakdiar, Lul East and Bianythiang where villages were burned down to ashes.
Then six months later, paramount chief Thon Wai of Akoka county and members of his village were killed in Bianythiang by militia forces from across the west bank.
Therefore, “Annexing Makal, Anakdiar, Dolieb Hill, Pathore, Kaldaki, Obel, Makal Collo, Lul …etc… to newly created Eastern Nile State of Padang Dinka is more than a capital vice in the Bible; even Rebecca Joshua and Joseph Bol Chan next to president Kiir will protest and rebel.”
Maban land and oil in Kilos 20 and 10 were annexed to Melut by former Upper Nile administrations that resulted in several incidents between Nyiel/Ageer and Mabaan communities.
The land and oil annexation order caught Jikany Nuer particularly Gaajaak subsection by surprise when the Komo tribe is extracted as far as Ethiopian borderlines of Katen Buai, Nguan Kei, Kigile, Wadese and Dajo to be administratively annexed to Figi, Atar and Khorfulus of Padang Dinka in Jonglei; this is ridicules and impractical.
“Imagine, a Komo trekking from Maiwut and Longechuk all the way to Khorfulus and Figi is a nightmare and impossible demand to be implemented.”
Therefore, president Salva Kiir’s Order No. 36/2015 AD is another economic war in the making that would be a curse to Padang population, it is a ticking time bomb that could explode anytime and jeopardize the existence of Padang community in Greater Upper Nile Region.
Mr. President, there are always guidelines to follow in order to create a viable state or a county. The least you can do is a bit of feasibility study on population, land, location, geographical features and resources (economic viability); I guess the two simple criteria used here are ethnic loyalty and resources annexation to build Dinka Empire.
I repeat myself, what are the tools used in creating twenty–eight states? Where did Salva Kiir Mayardit get powers of expanding states contrary to the constitution and the agreement?
Is it an agenda of reform created by SPLM in government to challenge the reform agenda of SPLM/A in opposition during the thirty months implementing phase of the peace accord?
Or is it an implementation of his rejected reservations to set ablaze the signed agreement?
This Dinka-favored-states-creation is a curse to South Sudanese and will trigger much more tribal violence across the country, especially the already fragile Collo-Padang boundaries.
Political paradigms shift to the East:
Behind the enemy line is a new political marriage between the Republic of South Sudan and the Far East, particularly Russia and China. The Republic of South Sudan after long suffering from Regional and International Isolation prompted political shift to Russia and China for survival of the fetus.
The recent move by Russia, China, Angola and Venezuela to block proposed sanctions on South Sudan’s Chief of General Staff at United Nations Security Council meeting deciphered the code of political relationship.
Therefore with political paradigm shift to the East, the President of South Sudan, Salva Kiir Mayardit had turned down the invitation of Secretary General Ban Ki Moon to UNGA on peace implementation and felt much more empowered by the East to set the agreement ablaze and continue with balkanization of South Sudan to appease the Dinka Empire.
Recommendation on necessary actions:
1. The writer urges the IGAD Plus, African Union, Troika, United Nations and International Peace Partners to mount pressure on President Kiir to reverse his order vide no. 36/2015 and instead implement the compromise peace agreement in letter and spirit without reservations.
2. I call upon the people of South Sudan in all walks of life, South Sudanese political parties, civil society organizations and faith based organizations to rise up and join SPLM/A in Opposition to reject the implementation of the order and condemn the behavior of wicked leaders in Juba for abuse of power.
3. At this juncture, I would like to urge Padang Dinka council of elders and its political leadership in Greater Upper Nile Region to reject and quell on implementation of annexed resources order to avoid future holocaust in Padang land by an indomitable tribal warrior.
4. The last but not least is to appeal to parliamentarians and members of the council of ministers minus Jieng council of elders to show their hidden teeth on this national call to reject in its entirety the Presidential Order No. 36/2015 AD and urge his implementation CPA.
Bol Ruach Rom is a concern South Sudanese citizen and could be reach at: firstname.lastname@example.org ,