Where Is The Republic Of South Sudan Heading To?

By Hon. Daniel Wuor Joak

March 17, 2011 (SSNA) — Sudan for the first time entered into a new page of the world history following the signing of the most ever attended historic Comprehensive Peace Agreement (CPA) on 9th January 2005, at Nyayo Stadium, Nairobi by South Sudanese inside Sudan and neighboring countries and their well-wishers all over the world. The ceremony was highly attended by most African permanent Presidents and Representatives of the World Community to witness the end of 21 years civil war in the Sudan. A war which sadly had killed 3 million and displaced nearly 5 million others to different parts of the World. It was a joyful day to all Sudanese both from South and North to stop bloodsheds in the country. It was not a joke to conclude the CPA. It took the SPLM under its founding leader late Dr. John Garang de Mabior and his counterpart President Omar El Bashir over ten years of discreet negotiations and breakdowns from 1994 – 2005. Without external interventions from our well-wishers from the World Community, CPA would have hardly been realized if it was left to Sudanese alone to resolve it. The IGAD and their partners particularly the United States, United Kingdom, Norway, Netherlands and Italy deserve special recognition in the Republic of South Sudan for their concerted efforts. Unfortunately, the architect of the CPA the real founding father of the Republic of South Sudan is not here with us but he will be too happy in his grave along with all his fallen comrades to see only a prosperous and united South Sudan and not cracking one.

The same joyful moment occurred when the voter’s registrations for South Sudan Referendum started on 1st December 2010, where millions from all walks of life all over Sudan and thousands of their exiled children in Diaspora congregated in registration centres to register for referendum. During the voting days as from 9th – 15th January 2011, the same figures who were registered including the sick, elderly, needy, disabled and weak overwhelmed registration centres and casted their votes without any single incident or irregularity reported by polling officers. When the result was finally announced by Chairman of South Sudan Referendum Commission Prof. Ibrahim Khalil on 7th February 2011, it was so encouraging – 99% of South Sudanese eligible voters voted for separation. Only 1% voted in favour of unity of Sudan. We have broken the World record of referendum results. It was only the Kingdom of Norway which reached the same record of 99% when it broke away from Swedish rule in 1905 after nearly 100 years. Whether King George, Mohamed or Mother Teresa objects the recognition of Republic of South Sudan is already a nation.

In this regards, I would really like to emphasis on the following issues:

1. State of good governance
2. Land policy
3. State of insecurity
4. Human rights & rule of law
5. Transparency & Accountability
a) STATE OF GOOD GOVERNANCE

Since the formation of GOSS in October 2005, mistakes have been repeatedly done over and over. The same faces some which have been involved in gross financial mismanagement or engaged in sectional and tribal skirmishes at different counties throughout the South in which many innocent human lives and properties were lost, are still the angels of GOSS crowning them as ministers, Presidential Advisers, State Governors, Chairpersons of different GOSS Institutions etc. As if those personalities are the only brains in the South. Most people have recently voiced their concerns about the lien government in the new Republic of South Sudan including the South Sudan Political Parties. I fully support this idea. We have wasted enormous financial resources for the last six years unnecessarily. Why do we need 31 GOSS ministers, 170 SSLA MPs, 16 Presidential Advisors, 10 x 1 = 10 State Governors, 22 x 5 = 110 Independent Commissioners, 31 GOSS Ministerial Advisors, 48 x 10 = 480 MPs in 10 States, 12 x 10 =120 State ministers, 7 x 10 = 70 State Advisors, 12 x 10 = 120 State Ministerial Advisors, 22 x1 = 22 heads of Independent Commissions in the States etc.? The total of all those constitutional post-holders is 1180. Each of them has at least new land cruiser or more, free government house or house allowances, travelling allowances; clothing allowances, post service benefits and unlimited service allowances or more depends on status. Each of the Constitutional post-holder has minimum salary or incentive ranging between $ 3.000 – 10.000 USD depends on status of the holder. Funny enough, most of the GOSS Presidential Advisors who are supposed to be the closest persons to the President have been complaining openly that they do not have access to see the President. If so, then who are misadvising the President? And why the President keeps such Advisors whom he has no use to them while spending millions of Sudanese Pounds of tax payer’s money?

Why each GOSS and State ministry have redundant ministerial advisors, when GOSS Under-secretaries and Director Generals in the State ministries are capable to advise their respective ministers at all level based on their technical expertise? Is this not a duplication of work? Most of those redundant commissions can be incorporated into their line Ministries except Anti-Corruption, Audit General Chamber and Human Rights Commissions.

b) LAND POLICY

In the Republic of South Sudan, first and foremost, land policy must be taken seriously by our government. The post CPA land policy should be thrown to the dustbin of history of Old Sudan which had been associated with all forms of social and political injustices in the hands of successive North Sudanese regimes.

CPA stipulates that the land belongs to the inhabited community, which was positively negotiated by SPLM to deny the North Sudanese opportunity to occupy more territories inside South Sudan. It was not meant to create more conflicts in the South. Naturally, the land belongs to the Government all over the world and not individuals as recently claims by certain communities in the South. Our internal and external boundaries as per 1/1/1956 are known to all communities concerned. There is nothing new except the artificially designed CPA formula which has nothing to do with reality in the ground. It was purposely made by SPLM negotiators of the CPA to protect the lands and it inhabitants from North Sudanese encroachers. Should this be a problem?

Now the land problem has become the major concern throughout South Sudan where tribe is fighting against tribe, county against county, clan against clan. Thousands of people have been killed or displaced as results of inter- tribal or clans conflicts. In the whole South, only Northern Bahr el Gazal State which is not yet affected by inter-sectional or tribal conflicts. The other nine States of GOSS are partly or badly affected.

In Upper Nile State: Dinka of Baliet vs Shilluk of Panyikang counties over Malakal, Nakdier and Lul Payams. Lou Nuer of Akobo County in Jonglei State vs Jikany Nuer of Ulang and Nasir Counties over Barmach and Wanding Payams.

In Jonglei State: Uror county vs Duk county over Pajut Payam. Shilluk of Panyikang vs Dinka of Pigio/ Korfolus counties over Pigio area. Shilluk vs Lou Nuer over Obel Payam. Eastern Twic County where skirmishes recently flared up between Ayuaal vs Dachuek clans over Wangeli Payam.

Central Equatoria: Mundari vs Bari community at Jebel Ladu Payam. Dinka Bor of Pariak vs Mundari of Jamaza Payams. In Juba where Bari community have been fighting constantly against unlawfully land grabbers.

Western Equatoria: skirmishes had been occurring in the past in counties of Mundri, Maridi and Yambio vs Dinka Bor settlers. The settlers have been returned back to their settlements in Jonglei State.

Eastern Equatoria: the counties of Parajuk, Budi, Numle and Kapeota have also been experiencing several fighting over land issues between the communities of Acholi, Madi, Didinga and Taposa vs Dinka Bor settlers.

Lakes State: different Dinka clans have been fighting among themselves over land issues which resulted to lootings of livestock and death of people on both sides. Rumbek County in Lakes State vs Mvolo County in Western Equatoria over land issue in which several people were reported killed many times.

Unity State: counties of Mayom vs Counties of Warap State have been battling themselves all these years over grazing lands which resulted to killing of hundreds of people and lootings of thousands of cattle on both sides. Lakes State counties vs Unity State’s counties of Mayandit and Panyijar over grazing lands.

If the Government of the new Republic does not have any immediate solution to such conflicts now, inter-State conflicts can easily flare up and this will be difficult to resolve them in the future.

c) STATE OF INSECURITY

The South is virtually in the state of insecurity giving to all these tribal and clan based conflicts. The Republic of South Sudan needs new mechanism to address all mentioned conflicts. What happened to Lt. General George Athor Deng, Col. Gatluak Gai and Col.Yawyaw could have been contained had SPLA acted decisively from initial stage. There was no way they could formed splinter Movements in South Sudan where SPLA forces are actively operating all over the 10 States unless there must be sabotage within the ranks and files of SPLA. The Government should act responsibly to curtail the activities of all rebel groups to find ways and means to bring peace to the affected communities. What happened in Fangak, Owach and Malakal town is squarely resting with SPLA. It was the work of their security agents to detect such subversive activities of these rebels ahead of time instead of being caught by surprises.

d) HUMAN RIGHTS & RULE OF LAW

Human rights abuses have continuously been committed by both individuals, other law enforcement agents and SPLA forces under specific commands against innocent civilians and nothing has been done by the GOSS at all levels. The perpetrators are still at large. Such institutions are being misused by individuals operating under them to pursue their personal gains. If it continues unchecked we shall end up building anarchy system which will be difficult for any future leader to manage. Why do we have the police, prison warders and other security organs if they are not in position to control the criminals and their God Fathers?

e) TRANSPARENCY & ACCOUNTABILITY

Billions of US dollars from oil and non-oil revenues have badly been misused by GOSS and State Institutions since 2005.  No serious development projects have ever been carried out and the excuses are that Khartoum has not yet released our shares of revenues or Khartoum is sponsoring Y&X to destabilize the South. Kharoum has never helped any money launderer to carry metal boxes full of SDG or USD to cross Uganda or Kenyan borders. It is us who have been doing that. Lt. General George Athor was one of them. He denied thousands of SPLA soldiers their rightful salaries for more than 2 years when he was in charge of Division One in Greater Upper Nile. He went as far as calling thousands of SPLA soldiers as UNCONFIRMED so that they have no right to be neither in the army nor claiming their arrears. He eventually used their money to equip himself and his gangs. Instead he was promoted to the rank of Lt. General and a Deputy Chief of General Staff for Moral and Political Orientation. While in office, nobody has ever dare to ask George Athor about his conducts of relieving thousands of SPLA fighters and embezzling their salaries without the consent of his Commander- in-Chief of SPLA. Now the same poor SPLA soldiers are needed to go and fight the same person who denied them their basic rights.

In conclusion, I urge the President of Republic of South Sudan and his close associates to look into all these problems critically. We should stop taking things for granted. The old tricks of SPLA during the liberation war should not be used at this time. Our civil populations have also learnt the same tricks through hardships and they can be more dangerous than the real actors.

The author is the Executive Director of African Centre for Human Advocacy (ACHA), which advocates for Democracy & Development, Good Governance, Human Rights and Advocacy throughout the African Continent. He was the former Member of South Sudan Legislative Assembly (SSLA). He can be reached through: [email protected]

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