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The Failures of SPLM and Expectation to Rule South Sudan If it Secedes As Independent State

  

By Col. John Muorwel Majak Wol

 

SEPT 27/2009, SSN

 

1 . SPLM-GoSS Five year-Salva Administration

 

 The Sudan People Liberation Movement/Army, SPLM/A and the ruling National Congress Party NCP as the principal signatories to the Sudan Comprehensive Peace Agreement CPA/2005 signed on Jan 9,2009 in Nairobi, Kenya, right thereafter departed with ownership of the key protocols on power and wealth sharing to mention a few as per this analysis. However, the agreement no matter how complex it was made but the CPA/2005 stipulated that the first Vice President of the Republic of the Sudan shall be the President of the six years Interim Government of Southern Sudan.

 

      Therefore, this marks the second coming into force after two decades without system of governance in Southern Sudan the test of administration by Southern Sudanese themselves under the leadership of the Sudan People Liberation Movement/Army with the lion share of 70% in the both Executive and Legislative organs in the two concurrent Governments in the Sudan as per CPA/2005 Article 3.5.1.1 and 3.6.4.1 read together with Article 5.6 on allocation of 50% net oil revenue purposely meant to meet the development cost and provisions of basic social services at all levels of government and in particular with an appeal to the international and donor community to help the Government of Southern Sudan by providing the post-conflict reconstruction assistance.

 

      But the worrying question is where have all these resources gone when they are not seen on tangible public utilities and the strategic  projects or developmental activities to achieve the said reconstruction strategy? And the available answer from the ordinary citizen is that the resources have been diverted by the senior government officials to cover their private financial burdens and to buy luxurious houses in America, Europe, and Australia and East African countries. The Government of Southern Sudan structurally has toothless Anti-Corruption Commission which never accused any government official, investigate even a single case file amongst the rampant corruptions at all levels leave alone to recommend the legal proceedings against any accused to the prosecuting Attorneys and the Judiciary of Southern Sudan. The ruling party SPLM/A keeps deaf ear and blind eye on those officials in its capacity to call upon individual corrupt officials to quit public offices since there is continuous out cry of corruption and none of the wrong element ever voluntarily resigned to pave the way for investigation.

 

    Nevertheless, there has never been a single development in South Sudan through public sector in competitive and standardized bidding procedures other than witnessed huge allocation of public money to private businessmen and women who in return divided the coins. Instead, no basic social services such as water, education, accessible roads, health and most primarily physical security. The death toll in ten Southern Sudan States remains on headline without notice of difference between time of war and peace. Thus, the second legitimate question is how long does it take for a post-war country which immediately gets 50 % net oil share and other reconstruction funds to make institutional transformation including control of social security order and can it be possible when the SPLM-GoSS administration failed to follow the public services regulations and contrarily adopt culture of tribalism, nepotism and corruption as norm of the SPLM-GoSS Interim Administration?

 

2. South Sudan Interim Legislative Assembly

 

     To focus more on security situational analysis, the security fails due to lack of competent Legislative organ in South Sudan which has now resulted in slow progress if not collapse of the whole law enforcement units to maintain law and order. This is gross failure of the Southern Sudan Interim Legislative Assembly whose leadership from top to bottom lacks parliamentary procedures and ethics being the two third majority of the Assembly members can not read and write and for the first time to join the August House. The SSLA since its composition has been doing nothing than being highly paid and no expectation of what a legislator can do.. I am confident that the security failures are not attributable to personalities in charge of the institutions concerned since the Police, Prison services and many more Bills are not signed into law to enable the line ministries and judicial organs fully implement the legal instruments. In the Wednesday Parliamentary sitting that lack quorum when the majority Members of Parliament are just loitering in and outside Juba while the few successful MPs are following up the implementation of the Constituencies development fund projects.

  

     I am fully aware of the distinctive job done by the Ministry of Legal Affairs and Constitutional Development in the legislative drafting and Bills are just either hanging at the cluster level or kept before the Honorable August House without deliberation. How do you expect the law to come in force when it is not passed by the Assembly? For example, how did SPLM-GoSS administration settle the Yambio incident that cause lives of three police officers and countless deaths both directly and in cold blood in South Sudan are taking place?

 

No perpetrators have been caught and if found then no immediate pre-trial proceedings conducted nor brought to justice, notwithstanding the third question is what is expectation of South Sudan if it is going to secede in the helpless hands of the SPLM-GoSS administration. Again we want to know whether the will of democratic change and setting of proper system of governance is going to happen that overnight if referendum confirmed secession in 2011 A.D? Perhaps the public need a clear explanation on this matter.

   

3. SPLA Forces and Malpractice Administration

 

   The Sudan People Liberation Army is a courageous guerilla army compared to former Anyanya movements one and two who sacrificed their blood for the common cause of the marginalized people and acts of successive Khartoum administration against secularists in South Sudan. But after the war of liberation struggle is over with hope of growth and recovery from war to peace building initiative for two decades without payment and lost of lives, the SPLA top leadership turned down their needs and selectively enriched themselves with public money.

 

The President of the Government of Southern Sudan who is the same time Commander-in-Chief of the SPLA and the Army senior management body failed to organize the army to date from guerrilla movement to modern and professional national army. Their monthly Salaries are delayed and not all of them are getting paid, the rest are disorganized without ID Cards and there are those who get paid without ID Cards. There is no administration of social services support to either much affected unorganized soldiers and or the disarmed groups not to mention the current one time support of food stuff and tool kit material which is also being corrupted by the relevant SSDDRC authorities

 

 4. The Dilemma Surrounding Election and Referendum in South Sudan

 

    The CPA/2005, the Interim National Constitution INC/2005 and the Interim Constitution of Southern Sudan ICSS/2005 respectively stipulated that the two subsequent items namely election and referendum must take place and missing of one item is a complete abrogation of the CPA/2005. In details, these prerequisite are both complicated and there is no way to escape them whatsoever. Failure to conduct free and fair election at any level of Government shall be separately accounted.

 

Consequently, the said failures surrounding upcoming general election and referendum are now showing up colors in South Sudan when there is disturbing insecurity all over. How can Southern Sudanese unite themselves at one point to peacefully discuss such national issues of destiny when the SPLM-GoSS administration in the first place fail to unite the civil population including a reasonable proposal of peace and reconciliation amongst Southern Sudanese themselves.

 

    The right of self determination for the people of Southern Sudan should not be tampered with and is the primary purpose of the CPA/2005 as required to conduct an internationally monitored referendum exercise in 2011 A.D to choose either unity or separation. Nevertheless, it's a collective decision of the Southerners to go for one but not a single political decision of individuals who have negative perception of becoming everything.

 

The right of self determination shall be directly decided by the people in the referendum exercise.

   

5. The National Election Commission: Annexation of Sultan Madut Ring to Abyei Area

 

The alarming situation is now happening in Twic County as the National Election Commission headed by Muolana Abel Alier unconstitutionally decided to annex part of Twic County partly Sultan Madut Ring geographical location which does not either bear a protocol in the former Addis Ababa Peace Agreement or the current CPA/2005 to Abyei protocol, though repeatedly failed from day one of its special administrative status.

 

Now the final question is that if some larger geographical constituencies and majority sultanate like Sultan Madut Ring in Twic County are taken to Abyei, then what do you expect of other smaller and minority groups like Samuel Amum Okiec and the Shilluk geographical location, and that they can be easily taken any where in the South if that is the case. Muolana Abel knows beyond reasonable doubt that Abyei area is the only part annexed to Southern Kordofan as formerly granted by the Addis Ababa Agreement when he was the President of the Higher Executive Council.

 

To date, the smallest Ngok Dinka are at all levels of government in Khartoum, Juba, Southern Kordofan, Warrap, Unity and Abyei itself and yet the National Election Commission furthermore annexed some locations to Abyei when they are almost every where in the Sudan. I appeal to the National Election Commission leadership to immediately cancel the annexation of Twic County to Abyei and return Twic County to its original jurisdiction and apologize to the Twic community forthwith.

 

6. Conclusion

In conclusion, the only remedy for the Government of Southern Sudan and the people to cross the road is only unity of the people of Southern Sudan and introduce a culture of peaceful dialogue and collective participation in the nation building and democratic transformation.

 

Last but not least the right of self determination shall be by popular declaration in the referendum exercise. No individuals from President General Salva Kiir Mayardit and SPLM Secretary General Pagan Samuel Amuom can be seen as the only architects of separation in South Sudan when they are unable to run the state of affairs in the co-chaired Government.

 

Finally, I appeal to the law enforcement agencies to search all the culprits and perpetrators behind the Yambio killing of three police officers and cold blood death of Mary Biringi and bring them to Justice, insert much attention to insecurity headline in Jonglei State intertribal conflict which is a real threat to CPA/2005 and other States to allow culture of peace and way to run the election and referendum in a peaceful environment.

 

This is personal statement and does not represent any level of Government in the Sudan. The author is a concern South Sudanese living in Khartoum. For more information do not hesitate to reply me through johnmuorwel@yahoo.com.  

 
Col. John Muorwel Majok Wol
Email: johnmuorwel@yahoo.com
Tel: Mobitel +249-912948763; Sudani +249121859916

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