From: Concerned South Sudanese citizens and Sudan People’s Liberation Movement for Democratic Change (SPLM-DC) supporters in the Diaspora
To: The United States Special Envoy to Sudan (Rt. General Scott Gration)
THE POLITICAL SITUATION IN SOUTH SUDAN UNDER THE SPLM- LED GOVERNMENT (GOSS)
Introduction
January 12, 2010 — The Comprehensive Peace Agreement (a.k.a. CPA) inked on January 9, 2005 ended the protracted civil war between South and North Sudan. The war pitted the North against the South in a civil unrest that lasted for more than twenty one years. Unfortunately, after signing the CPA the SPLM which controls the government (GoSS) has now resorted to marginalizing the people it claimed to have fought the war to liberate. The signing of the CPA was a reversal of the political trends that undermined, exploited and deprived the people of South Sudan of their basic human rights and necessities. However, after achieving its objectives by signing the CPA the SPLM has now turned to oppress the citizens in the South by denying them their basic fundamental democratic rights which the CPA has provided for all.
Important CPA clauses=
1.2 “That the people of South Sudan have the right to control and govern affairs in their region and participate equitably in the National Government” (Machakos Protocol July 20, 2002).
The clause above stipulates profoundly that the people of South Sudan (no mention of any specific or particular individual tribe, region or clan) have the right to control their own socio-economic, political, cultural and traditional affairs. Thus, South Sudanese irrespective of their political affiliations and beliefs, differences and associations have the constitutional right to participate in politics that impact on their daily lives. Hence, any denial, deprivation and repression of any Southerner’s rights to control his/her own destiny is a grave violation of their fundamental basic constitutional rights.
Today, there are many Southerners whose rights have been deliberately put on hold by systematically being denied their rights to partake in political activities in South Sudan. The (CPA) that concluded the civil war in 2005 was signed so that Southerners could return home and reconstruct their broken homes, infrastructures and lives. It stipulates clearly that peace has finally been secured and it is time for the people of South Sudan in particular and the Sudan at large to go home and resume their normal lives. In that document (CPA) are enshrined the democratic principles and values that would be used by interim leaders both in the South and the North to govern the people amicably. The CPA became the interim constitution of the Republic of Sudan and that of Southern Sudan. In these constitutions the basic democratic principles are set out as the Bill of Rights which appears as a separate chapter in both constitutions [freedom of religion, freedom of expression, freedom of association and so forth).
It took a multilateral effort to negotiate the CPA (the international community, regional political block [IGAD], religious organizations, Non-governmental organizations, Government organizations and many others) and bring it to fruition. This means that the signatories to the CPA have an obligation and responsibility to see into it that it does not falter and scramble or break into pieces.
1.6 “The Parties shall refrain from any form of unilateral revocation or abrogation of the Peace Agreement” Machakos Protocol July 20, 2002)
It is very unfortunate that the SPLM political party has embarked on unilateral abrogation of the SPLM-DC’s constitutional right to operate in South Sudan despite the fact that it (SPLM-DC) is a registered national political party. The SPLM’s unilateral denial of the SPLM-DC’s political right to exist and operate in South Sudan has caused tremendous to harm individuals who advocate and stand for democracy.
The civil war fought in Sudan was fought due to the ultimate unilateral abrogation of individual rights by the successive repressive regimes in the past. While the SPLM complains about lack of democratic transformation in the Sudan, it viciously represses many of Southern Sudan citizens who are not its members or who are opposed to its bad oppressive policies. Details of such oppressions are listed below.
Compelling SPLM constitutional violations evidences
In a letter No. GOSS/DPA/PO/J/J.A.1, dated 9th of November and stamped on the 10th, addressed to all State Governors in Southern Sudan, the GoSS minister for Cabinet Affairs, Dr. Luka Tombekana Monoja, wrote (quote):
“I am writing to you on directives of H.E. General Salva Kiir, the FVP of the Republic, President of GOSS and SPLM Chairman to request your cooperating with all other Southern Political Parties and not to hinder their work except the so-called SPLM-DC”.
This statement was repeated by the President of GOSS on Thursday the 7th instant in a speech he delivered before a crowd in Terekeka, Central Equatoria State. The speech was carried by Southern Sudan TV and was seen and heard by millions of viewers.
Apparently, the very excesses that led to the two decades of civil war that ended by the signing of the CPA are being adopted by the Government Southerners fought hard to install. They forgot that their actions must be guided by the CPA which is the constitution of the land. The decision the SPLM took to ban the SPLM-DC from operating in South Sudan is a deprivation of the political right of the SPLM-DC members and it is therefore unconstitutional and illegal.
More evidences
1). The SPLM-DC Chairman in Western Bahr el Ghazal, Mr. George Peter, and three of his assistants are still languishing under detention and the party office in Wau remain closed since last October. No charges brought forward against them and they are held incommunicado.
2). The SPLM-DC Chairman in Lakes State, Mr. Daniel Rual, was unlawfully detained for more than a month in Rumbek and his movements are now restricted.
3). “Today December 31, 2009 offices of the SPLM-DC in Bentiu remained still shut by the orders of the SPLM security organs. Meanwhile today also in Central Equatoria security forces were used by the SPLM to storm a meeting of the SPLM-DC which was debating candidates’ nominations in Yei town in a meeting hall. The meeting was being chaired by Shallah Aggrey, the SPLM-DC state secretary for Central Equatoria. While Shallah escaped by a side door SPL M security organs detained 11 members of the SPLM-DC who had come to the meeting to agree on our candidates nominations for Yei County. Despite many calls from our offices to some GoSS officials in the states our members are still under detention tonight at the local security organs premises” (SPLM-DC Secretary General, Dec, 31, 2009 on SPLM-DC website.
As we write, many of the SPLM-DC members are languishing in SPLM detention centers across South Sudan. They have been falsely accused by the SPLM regime that they (SPLM-DC members) are undemocratic, anti self-determination and unpatriotic. Nowadays, the SPLM has created insecurity all over South Sudan in order to unjustifiably use insecurity to suppress innocent people as can be seen above. This illegal political oppression is undemocratic and the CPA signatories and the international community should condemn it in the strongest terms possible. SPLM-DC is a peaceful non-violent registered political party founded to help the marginalized people of South Sudan.
The SPLM-DC objectives as stipulated in the Basic Rules of the party adopted in September, 2009:
(1)”The establishment of a free, just, democratic and decentralized system of governance and a social contract based on the free will and popular participation of all the people of Sudan;
(2) The achievement of the right to and exercise of self-determination by and for the people of the Southern Sudan in fulfillment of their aspirations;
(3)The realization of voluntary unity between the various regions of the Sudan; and
(4)Building a national consciousness and common purpose in the Sudan through the liberation of the individual and society from all forms of political, economic, social and other constraints” (September, 2009).
Rampant Corruption in GoSS/SPLM
In the last five years, the GoSS have received more around $10 billion dollars from the oil revenues that the federal government has disbursed to them. However, GoSS officials have embezzled most of the funds provided for development there. The following few examples will help illustrate the point made:
1. A former finance minister in GOSS allegedly stole $600 Millions US dollars.
2. Gen. Salva Mathok Geng allegedly stole 293 million dollars.
3. The mysterious disappearance of the maize sacks which were at the tune of almost a billion dollars (SSN, 2009).
The SPLM-DC is a concerned political party and its objectives are to eradicate the above prevailing corruption so that the national resources of South Sudan can be put to the benefit of the people of South Sudan.
Recommendations
We kindly request the international community (United States, Britain, France, the European Union countries, IGAD and other African countries) who contributed to the realization of the CPA to bring pressure to bear on the SPLM to allow the SPLM-DC and other oppressed political parties to operate freely in Southern Sudan without intimidation, harassment, arrests and detention. We also kindly ask the Government of National Unity to condemn the action of the SPLM in banning the SPLM-DC because it is unconstitutional and illegal.
CC:
1. President of United States of America
2. President of the Republic of Sudan
3. President of the Government of Southern Sudan
4. IGAD Countries
5. The United Nations Mission in Sudan (UNMIS)
6. The United Nations Secretary General
7. Members of the UN Security Council
8. Canadian Foreign Affairs Ministry/Prime Minister’s Office
9. Amnesty International/Canada Office
10. Human Rights Watch
11. Dona Cadman, MP for Surrey North, British Columbia, Canada
12. Norway
13. The European Union
Names of Petitioners
1. Biel Thich – SPLM-DC Representative in USA
2. Haerty Ritti – SPLM-DC Office in Washington DC-USA
3. Dominic Woja Maku – SPLM-DC AG- Representative – Canada
4. James Mawich Bichok – Member of SPLM-DC National Council – Canada
5. Jacob Lado- Provincial Coordinator, Alberta, Canada
6. Sisto O. Erista – BERGEN, Norway, SPLM-DC National Council
7. Lotekerimoi Lochalamoi – Canada
8. Michael Gak – Canada
9. John Modi – Canada
10. Godfrey Bangisa – Canada
11. Willaim Goldit – Provincial Coordinator, B.C, Canada
12. John Modi – [email protected]
13. Shanjowk Gordon Mayiek – Canada
14. Gatluke Chuol Reat – Canada
15. Jacob Laboi Oreste – Canada
16. Khan Kong – Canada
17. Daniel Tolit Arop – Canada
18. Chuol Wal Chak – Canada
19. Duol Mangok – Canada
20. Gatluak Kher – Canada
21. Gathoth Gai Wang – Canada
22. Lull Riek Jock – Canada
23. Jack Konang Hoth – Canada
24. Gordon Chuol – USA
25. Peter Karlo – USA
26. Lostief lomude – USA
27. Lee kontibon – USA
28. Deng Liem Deng – USA
29. Yai Nuer – Canada
30.John Matat – Sudan
31. James Kwaje – Sudan
32. Mun Both – Canada
33. Charless Barabara – Canada
34. Dr. Funda Dominic – Canada
35. Marko – Canada
36. Omar – Canada
37. James Wani – Sudan
38. Apaikindi Kennedy – SPLM-DC Representative in Rwanda