The National Parliament should put the 28 States on Moratorium

By James Okuk, PhD, Lecturer, OCT/14/2015, SSN;

In its extraordinary meeting chaired by President Salva Kiir Mayardit on Tuesday 13th October 2015 in Juba, the National Council of Ministers approved the expansion of states from 10 to 28 as it came in the Republican Establishment Order No 36/2015. The Council applauded the decision of the president and directed the Minister of Justice to table it soon as an amendment bill before the National Legislature (NL).

But this is still unfitting legally until the President nullifies the Order first or else the Council’s directive is considered to be a new initiative altogether. A confusion, isn’t it?

Given the fresh facts that the IGAD-Plus Secretariat has decided to relocate to Juba, and also given the World’s support and pressure [see UNSC Resolution 2241 (2015) and IGAD Envoys Memo] for the implementation of the August 2015 Agreement on Resolution of Conflict in South Sudan (ARCISS) as it is without any unilateral alternation, and further more the fact that the UNMISS mandate has been renewed and expanded with authorization of use of UAVs drones and other sophisticated armaments, I don’t think Juba or Pagak should have guts to go against the ARCISS.

What the Council of Ministers and NL are trying to do is a futile short-lived mere psychological fulfillment. Unless the government and SPLM-J first declare publicly that it has granted the UNMISS and IGAD-Plus ‘entity non grata’ in South Sudan, any amendment that goes against the ratified provisions of the ARCISS will be declared null and void, hence, waste of time and resources.

The IGAD Extraordinary Summit of Head of States and Governments will approve soon nominated JMEC’s Chairperson who shall come to Juba to supervise and direct the ARCISS implementation, starting from November 2015. Hence, Juba will be forced to put the Republican EO No36/2015 on Coma until the TGoNU is formed, including the reconstituted Permanent Constitutional Making Mechanism, which shall then handle it within a different governance context and methodology.

I’m saying this because the current alarming situation in the country indicates that Juba and Pagak have no capacity now to go against the demands and sanctions of the regional front-line countries; international community at large; and the mounting internal pressure and suffering from the hardened economy, spread insecurity and loosened social fabrics all over South Sudan.

Some keen young South Sudanese intellectuals are thinking that our national parliamentarians need to acknowledge that the EO No 36/2015 has spurred some dangerous undertakings (e.g., the Luach Jang of Tonj demanding its own state after the recent violent confrontation with the Rek of Riang Nhom and justifying that they are more in numbers than both Gok and Twic West combined; the Twic Mayardit threatening each other with violence over the relocation of the capital to Mayen Abun; the Fratit of Raja demanding detach from Dinka of Malwal; the Bul Nuer expressing dissatisfaction of their new annexation; the Shilluk rejecting division of their Kingdom between West and East Nile States; the Acholi and Madi demanding a separate state, the Azande of Tumbura rejecting being part of Gbudwe State, and the vicious circle of the opened Pandora Box continues, etc).

All these evidenced examples raise a fundamental issue of lack of reliable instruments for instituting the 28 states.

Thus, until a sensible framework is developed, the EO No 36/2015 should be put on a moratorium.

But while lawyers are important in state designs, there is also need to engage demographers, anthropologists, sociologist, geographers, historians, economists and political analysts in determining scientifically the new federal governance reality for South Sudan.

A popularity demand alone is not sustainable; consensus building is the sure way of success.

The provisions enshrined in the ARCISS and TCSS are paramount, and should form the ground-level from which some of these convictions/beliefs are justified for higher interest of the country rather than for those few elites who engineered the 28 States for the cover up of parochial interests of their ethnicities.

Now the safe exit lies in faithful implementation of ARCISS as a supreme document even if it is not a Bible or a Quran, so as to bring back the sanity of peace to the saddened and embattled Republic of South Sudan.

Opting for continuation of war will be more risky, especially with the NATO’s drones and Chinese gunship hovering on our sky in the coming months under the mandate of Protection of Civilians within Chapter VII of UN Charter.

If some people are afraid of the heat of AU Hybrid Courts for South Sudanese war criminals of humanity and serious abusers of human rights fundamentals, the remaining choice will be dark graves or even a graveless worst destiny like what had occurred to the warlords who went against the international community in the recent past.

Therefore, be ware my people; the international politics could be brutal than usual! Let’s start to open our ears and eyes wide by listening to the peace advises of the World’s leadership.

Long live South Sudan!

7 Comments

  1. Guet Athina Guet says:

    Mr. Okuk,

    With all due respect to you, you never seems to disappointed me with your lame articles. We can’t be consume with petty differences, we need to speak with one voice, the butcher Machar must be brought to justices Your venomous critique of president Kiir is well documented. You’re hung ups the with foreign power that you wish to destroy the government of south Sudan, it will never happen. Your beef should be the butcher who killed off many of your people. President Kiir was brilliant to create 28 states, and majority of southerns agree with him.
    May god bless president Kiir and keep him safe, and may god bless south Sudan.

    • Eastern says:

      Guet,

      Soon Kiir would openly indicted for causing deaths through his now infamous EO 36/2015 AD decree. Tribes are going to fight one another with resultant high loss in life! All these will be attributed to Kiir and will amount to crime against humanity.

      Dr Okuk, your piece is yet another eye opener but I can bet you, Kiir and co do not read and discern such dispatches for their benefits.

      • info@southsudannation says:

        Eastern,
        In my long work on this site, wrongly perceived by some as anti=Kiir or jieng, I want to assure that the message of Dr. Okuk is definitely picked up by Kiir’s intellectual supporters but the bad side of the story is that instead of these SPLM/A stooges learning something from such articles, what they do is adversely helping their kirler Kiir to kill the messengers.
        That’s why South Sudan is retrogressing. The Nhial Bol’s and Alfred Taban’s are now gagged, others are mercilessly killed. Regardless, the SouthSudanNation.com will preserver.
        Editor

  2. Joana Adams says:

    Nonsense Guet.

    The majority of Southern tribes have categorically rejected the unconstitutional establishment order meant to appease Kiir’s tribal constituency to fool them that Mayardit and JCE are still in control. To prove the point they (Jieng) are the only ones who have demonstrated in its favour with gallant Johnson Olonyi declaring war if needs be. To avoid the looming world powers hoovering over Jubà with an uncertain outcomes, Abutagia is well advised to expedite formation of fhe NCRC, the, Joint defence and security Commission and the JMEC with immediate effect, instead of playing futile cat and mouse games.
    He can still save himself if he speeds up the formation of the TGoNU and shares the power he doesn’t deserve while he waits for imminent indictment. It is suicidal to defy the entire regional and international bodies, just to become some imaginary backward tribal heros! Don’t be fooled by Telar Deng. Russia has no historical interest, influence or interest in South Sudan. They just want to use Syria and now South Sudan to be counted in the international scene. How many South Sudanese refugees did Russia resettle during the 21 years of struggle? How much did Russia contribute to the war efforts militarily or through humanitarian assistance? Good luck to the dinkocrat warriors! If intimate neighbour Uganda is forced to withdraw, what chance does distant Russia have?
    We refuse to be another Ukraine. Russian communism collapsed in 1989. Even the Chinese have abandoned communism and have aggressively expanded their global capitalism over the last 30 years especially in Africa. And communist Garang is dead. What does Russian Federation under dictator Putin have to offer South Sudanese apart from Putin’s brand of dictatorship and tyranny?

    Good and timely info dictor Okuk.

  3. Martin L says:

    “Let’s start to open our ears and eyes wide by listening to the peace advises of the World’s leadership.”
    Amen! Brother James.

  4. David Lokosang says:

    Well done Mr Okuk, sooner or later the disturbing war lords in Juba will submit to the international pressure.
    To those blind supporters of the regime in Juba, let me remind you what happen when our gallant SPLA forces took over Panthou, the regime was forced to withdrew our forces at the time they were advancing towards Karasana. Sadly our army faced with heavy casualties which did not happen during 21 years of liberation because our stupid president declare withdrawal of our army on media giving our enemy advantage to attack them from behind. Any military minded person would have ordered the withdrawal of the forces first before declaring it on media. By the time our enemy heard of the withdrawal it would then be too late to revenge. Though Panthou is our ancestry land, the regime diplomacy failed to convinced the international community. Also let me refresh your mind, recently when Abu tagiya disturbingly refused to signed the current peace agreement, again he was pressurised to signed it. It is just a matter of time you will soon prove my wards. Any reasonable person would have contemplated what would be the outcome of the order prior to issuing it. Anyway what due expect of some one who is visionless, drink edict, and dependent on tribal council of elders and war lords who are only after their interest to give him a peace of advice.
    May God bless people of South Sudan and free them from the current regime of terror.

  5. False Millionaire says:

    Mr David,
    See how so tragic lack of leadership is in human conducts?
    RSS future with it’s society is in grave doubt.
    A leader in the personage of Dr Garang is missing so terribly!!!

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