BY: David Lokosang, South Sudan, OCT/15/2015, SSN;
I wonder whether the presidential order no. 36/2015 to create 28 states a solution for the South Sudanese problems or a clear violation of the signed CPA!
To my fellow country man, it is not just a matter of supporting or opposing the presidential decree, it is an issue that needs to be critically analysed in order to identify the positive and negative aspects of it.
We should ask ourselves, is the presidential order constitutional or not. If not then it is a clear violation of article 162 of the transitional constitution 2011, which prohibits the president for making any provisional order on matters affecting Bill of Rights, Decentralized system of government, general elections, annual allocation of resources, financial revenue, penal legislation or alteration of administrative boundaries of states.
It is the council of states that has constitutional power to legislate laws that may alter the number of states, change their names and of their capitals or can alter boundaries in accordance with initiatives from the state concerned.
Even if the president has constitutional rights, isn’t it not wise to make proper consultation with the stake holders prior to issuing such order?
Also isn’t it not a violation of the resent signed peace agreement?
To my own conviction, the negative aspects of the presidential order are greater than the positive aspects of it. Let me begin by the negative aspects:
The negative aspects of the presidential order no. 36/2015
It is a violation of the CPA which is based on the existing 10 states
It will create more divisions because it is based on ethnicity and tribal enclaves
It will hinder development because the little resource we have will be used to pay public servants
Other countries with risk takers will exploit our resources to the maximum taking the advantage of our situation
Our nation will remain poor because it will not be able to compete politically and economically with the developing and the developed countries
Our country will be weak to face any country in case of aggression
It will not attract foreign investors because of insecurity that will arise
As it is the case now it will create a state of dependence due to lack of unemployment
It will led to more crimes than now because those who could not afford will adopt dubious ways of wealth making
The poor will remain poor and the rich will grow richer because they will loot the public funds for their interest as it is the case with the current government
It will eventually culminate into the fragmentation of South Sudan into small countries
The positive aspects
After a thorough analysis I could not identify any positive aspects due to the following reasons,
All the stake holders were not engaged in discussion to determine whether it is reasonable to increase the existing states to 28 states or not hence it will be problematic.
It will be difficult for the government to draw the borders of the new states because there will be more conflicts among communities who have been mingling together since creation.
Where will the government get its resources to fund the 28 states if it is dependent on foreign loan to cater for government expenses? According the former American president Abraham Lincoln, “An individual who undertake to live by borrowing, soon finds his original means devoured by interest and next no one left to borrow. So must it be with the government”.
How is the government going to divide the scarce Assets to all the 28 states?
The essence of democracy is to allow democratic institutions to have a robust discussion to any issue that may have negative and positive impact on the nation.
This is not democracy but dictatorship that one person is the executive, the judiciary, and the parliament.
People talk of legitimacy without knowing the real meaning of it in the national context. Legitimacy as the American secretary of state said to Salva Kiir government and I quote “Legitimacy is not a presumed right of any government but it is conferred by the people and it is sustained only by demonstrating leadership to protect and serve all citizens.”
Does our president fit this description? No because innocent people are being killed, robbed and humiliated in the Capital where he lives, leave alone the atrocities that are being carried out by government and militias in Wondruba, Mundri, Jonglei, Upper Nile and Unity states Eastern Equatoria state and other areas.
To me and many who believe in the SPLM vision, President Kiir has failed to implement the very core vision that we struggled for the last 21 years because we made a wrong choice by electing him after the death of our visionary leader Dr John Garang. He made a U turn since he took the leadership of the party.
He failed because he is being advised by the tribal council of elders and group of war lords who advise the president for their own good and not the nation.
He failed to address the level of corruption that exists in our country because he too is corrupt. Remember he wrote letters to 75 government officials to return the money they have stolen but no one of them complied simply because he too was involved.
He failed to establish democratic institutions in the country. In 2012 He requested every ministry to set up its policy within 100 days but did he succeed? No because he has no clear vision to direct the ministers.
He failed to transform SPLA to a conventional army instead he appointed an ignorant and war lord person who has no any military science to the position of the general chief of staffs. And recently he appointed another ignorant war lord to the deputy chief of the general staff for morale and orientation.
He failed to transform SPLM from a national liberation movement to a national political party
He failed to fulfill the aspiration of the people of South Sudan
Do people of South Sudan really need more states?
Our people need major highways that connect all the states, more hospitals, Schools, jobs, Electricity, clean water, peace and security and so forth.
Our president failed to understand the SPLM vision of taking towns to the people.
Taking towns to the people or devolution of power and resource do not mean creation of more states.
It means give them the same services that are available in the major towns like Juba, Malakal and Wau. Give the people their democratic right to elect their governor, their commissioner, their mayor, and their representatives to the National, and state parliament.
Our problems is that people are afraid to tell the president what he is doing is undemocratic and against the constitution of the country and of the Party.
Fear is our enemy number one. If we are not afraid of fear, we should have said no to Salva Kiir and his group of advisers that enough is enough.
I therefore appeal to all South Sudanese in the country and in diaspora, let us stand together against this dictatorial order no: 36/2015 of creating 28 states because it is not for our national interest.
And for those who have been with Dr John and who believe in the SPLM vision, remember what he said and I quote “A country cannot be stronger politically and economically if it has internal crises”
Let us not allow our country to ruin by war lords, tribal elders and the elements of the National Congress Party. END