By Gabrial Pager Ajang
I am not a big enthusiast of ICC. I wrote an article title “The ICC Allegations Against the President-Elect, Uhuru Kenyatta, and the Detrimental European Legacy in Africa” in March of 2013. I am extremely against ICC inquisitives in African affairs but we do not have independence legal institutions in South Sudan, therefore, I welcomed ICC to try War Criminals in South Sudan. I would like war criminals to be isolated from their safe heaven communities that encourage them to commit crimes against humanity and individually faces justice.
Introduction
March 23, 2014 (SSNA) — Feasibility or viability of any nation rests on its legal system, and South Sudan should not be exception. Nations are found upon the law. The conclusion of law is not to eradicate or confine it, but to preserve and expand freedom and justice for all citizens. Citizens of South Sudan had celebrated their independence with hopes and aspirations of enjoying freedom. In fact, states are created capable of implementing laws and state that had no law, there is no freedom. Freedom of men and women under any government is grounded in standing rule of laws for people to live by. Laws should equally apply to everyone in society, and made by the legislative power vested in it; a liberty to pursue their own dreams and aspirations. Crimes against human humanity have been committed against people of South Sudan since 1991, and reasonable consistency with laws of the state can be applied to preserve peace, deliver justice, and ensure lasting peace and reconciliations. Justice must reign to ensure complete peace and political settlement to the conflict.
The wars that have been fought between North and South, and current conflict in the Republic of South have torn unity of tribes. The wounds of liberation struggles have not healed. The prejudice and tribal conflicts have not been resolved. The political rifts and diverse views among the SPLM/A leaders were never repaired. Mass killing of Shiluk, Dinka and Nuer in specific areas of South Sudan were never settled. Dr. John Garang de Mabior once called these problems Post-war or post-independence issues that would be gradually resolved after independence. Grudges of the liberation struggles are threatening unity of our country. In fact, Mayhem in Juba, Bor Town, Malak, and Bentiu, (specifically in Baliet (masscare), Jau, Panakuac Bongki, Parieng county) Piji county are threatening ethnic relationships and warranted assurance of justice to all families of victims. It is has been said that this war is between government and rebels but it had taken ethnic dimensions. Shiluk, Dinka, and Nuer were targeted for their ethnicities in their respective cities, and leaders who orchestrated these war crimes must be brought to justice.
We urge International community, IGAD, moral leaders, and good people of South Sudan to join hands in pursuit of human rights and dignity of the people of South Sudan. We urge them to deliver on the core principles of the SPLM, principle of freedom, equality and justice. We all ask for fair trial and due process of the four political detainees, and ensuring liberty and freedom for citizens. Since 1983, Sudan People Liberation Movement/Army (SPLM/A) has set forth flawless democratic ideals that brought the movement to sign the historic accords with the Republic of Sudan in Kenya in 2005. These democratic epitomes gave the people of South Sudan rights to affirm referendum, and finally declared independent in July of 2011. Although three protocols were not implemented, the key implemented protocols forged a peaceful political settlement of exceptional issues between the South and North Sudan. It was a conflict that causes death and destruction but those leaders provide a formula for peace. Those leaders knew that generations after generations were sent to war which resulted in series of tidal waves of bloodshed that still moist land of South Sudan. However, we scarified these men and women in 21 years of war to preserve endowed human dignity of our people, and moral standing at the global stage. We signed peace knowing the brutality of war and its consequences.
The democratic ideals treasures in Comprehensive Peace Agreement (CPA) have set stage for the highest hopes and dreams for all citizens. Citizens had hoped for a country that would have self-regulating institutions of government where oppositions views would be respected while majority are ruling. It is this core principle that anchored democracy, allow freedom to flourish, and guarantee opposing views which perfect governances. Essentially, people of South Sudan are naturally democrats; they were born free, and the last thing they would want to see is oppression. Their sacrificed and suffering in two decades of war warrant liberty, services delivery but negligent in part of government had created a considerable unrest in Jonglei, Unity, Warrap, Lake, and Upper Nile States before Juba’s mysterious tragedy.
Without shred of reservation, the citizens of South Sudan have fought, died, and bring peace that ends the longest Civil war in Africa. We have all made significant scarified whether you were part of liberation struggles or not. There is no single family that had not lost a person in South Sudan, if any than your goats, cows, maize might have been consumed by SPLA soldiers. We have all contributed to the liberation in one way or another. However, the mysterious juba’s tragedy was bounded to happen. History has indicated numerous times that that political leaders that were united in the course of their struggles disintegrated after securing their independence. The United States framers wrote constitution and declared independent before they won the revolutionary. The Americans (patriots) stage successful revolutionary rebellion against Great Britain. Framers secured independence for United States, and immediately disagreement over the principles and vision of independence. Federalists and Antifederalists publicized two visions that they envision to put the United States on the final seat of civilization.
The Antifederalists presented themselves as the defenders of the true principles of the revolution, and constitution, they extremely believed that federalists could establish a strong, potentially tyrannical, center of power in the new national government if they are permitted. They think Federalist could increase taxes, obliterate the states, wield dictatorial powers, favor the “well born” over the common people, and put an end to individual liberty. But their biggest complaint was that the constitution lacked a bill of rights, a concern that revealed one of the most important sources of their opposition: a basic mistrust of human nature and of the capacity of human beings to wield power. The Antifederalists argued that any government that centralized authority would inevitably produce despotism. Their demand for a bill of rights was a product of this belief: no government could be trusted to protect the liberties of its citizens; only by enumerating the natural rights of the people could there be any assurance that those rights would be preserved. Both federalists and Antifederalist finally agreed that bill of rightswould enshrine in the United States constitution to protect citizens from their own government. Some of my peers know that SPLM party will split and disintegrate over the SPLM vision. History tells us that this conflict within the party was predictable. It is obvious thatParty leaders’ disagreement over policies of the party or of the country.Legitimate disagreement over policies that would make South Sudan more flourishing and prosperous is an important part of nations building. However, it is not clear in part of government, political detainees, and rebels what policies are they advocating? They are not certainly fighting over policies that would trigger agricultural production and accelerated development at the county levels. The government, rebels, and detainees are fighting for their jobs, election, and probably constitution. A war that should have never been fought, and people we have lost should have never been lost. You can now understand why citizens are dissatisfied of their government.
Citizens Legitimate Discontent
Citizens of South Sudan do have legitimate reasons to be dissatisfied with their government. Right after independent, people of South Sudan were filled with euphoria, and immediately, the government lost its way. Series of critical events and issues seemed to come in a rush, giving good people of South Sudan little time to analyze what was happening and to reflect on long-range solutions. In part of leaders, emotions seemed to replace reason as the debate grew increasingly repetitious and loud. However, what seems to have been better solution was writing new constitution to ensure viability of nation. A constitution should have been written for the benefit of next or new generation. It is something far more fundamental for the future of South Sudan.
On the other hand, the government’s refusal to embrace democratic transformation is now threatening foundations of the South Sudan. Writing new constitution, ending corruption, building solid institutions of governance, ensuring check and balance, and allocation of resources to counties do not simply serve the interest of particular groups, it serves the national interests. Interestingly enough, the government did not act on any policy that would at least build viable economy at least at county levels. The fact that the government presides over wide issues, and delivers no or little transpires to this crisis. Real problems that caused this crisis were economic stagnation at the county levels, unemployment among the youths especially the neglected youth of Jonglei States, Unity, Lake, Warrap and Upper Nile. The impact of disparity between the Juba elites who pay themselves millions of dollars, and poor plain folks in the villages places the country on the verge of collapse. Poverty and starvations caused youth to raid nearby communities of their cattle. Pseudo institutions build in Juba to quench financial satisfaction of elites in are threatening nation’s foundation and progress.
The vast majority of South Sudanese question legality and validity of institutions that do not perform their basic functions. For instance, South Sudan Legislative assembly does have a solemn duty to investigate key leaders in the presidential guards, killing of journalist, and cattle raiding in the various states. They were elected by people and they must secure interests of citizens. The inability of legislature to perform its basic functions undermines impartiality and check and balance lurk the viability of nation.
Certainly, a carefully calculated corruption, uncontrollable killing and cattle raiding in Unity, Jongeli, Lake, Warrap and Upper Niles States, and not one case was prosecuted by the judicial branch of government escalated political and ethic turmoil in the country. The president exercises extraordinary influence over the nation Supreme Court and the Legislature to the extent that he singlehandedly pardon 75 officials that took millions of dollars. Hence, what was criminalized in the constitution was now officially decriminalized by the president. Besides, he relieves governors and replaces those with those who are loyal to him. The epidemic behaviors of the president simply mean that all the state governors and state ministers must be loyal to him or they could be fired; clear autocratic mentality that is destined to cause violence. Even after violence that had claimed thousands of lives, millions of dollars lost and cities lay in ruins, the president clings to his repressive policies.
He asked the prosecutor to investigate the political detainees, and availed their final reports to him. Which country where does this happen? This is constitutional breaches. It violated the constitution, and removes the impartialities of the court, and suggests that only one branch of government exists. If the president does not allow the national law to take its course, what would Murle, Nuer, and Dinka youth do in their communities? The Minister for information, Makuei Lueth in the South Sudan political parties Symposium, declared four political detainees as “criminals that would be charged for treasons.” Televised over all the world, the president press secretary, Ateny Wek tours of Eastern Africa countries campaigning and advocating that there was coup d’état in Juba. The above examples indicate Kiir’s administration is incompetence and his officials possess ineffective skills of leadership.
South Sudan is nation where renowned scholars and people of various professions hailed from, yet our nation continues emasculate by indifferent leaders. How can the president and the South Sudan Legislature ensure judicial impartiality in this case after meddling in their case? How can we restore our image around the global that we are a nation governs by laws? The moment case of the four political detainees was reported to the president, and demand maximum prosecution resulted into judicial miscarriage. The president aborts legal process, and undermines our nation ability to prosecute criminals. Another, clear indication that there is no check and balance in government of South Sudan. I certainly agreed that crimes have been committed, and justice for victims and accountability must be ensured. Leaders who orchestrated this tragic war must be brought to justice. I will mention them in part that discusses (War Crimes and potential or possible convictions).
“Allege Attempts Coup D’état in Juba”
Political and legal Ramification of mysterious Juba’s tragedy continues to haunt South Sudanese in South Sudan and around theglobe. Even after three months, not a single official in the government had a gut to demand for the truth. The South Sudan constitution grants member of legislative assembly ability to investigate as to what caused conflict in Juba but they have shown no will to do so.Yet, the war that broke out on December 15th, 2013 sap life of out of South Sudanese, and brought the country nearly to its knees. The government officials have been pounding into people heads that this was a coup attempted by political detainees, and other officials that had worked for government had suggested that this was disagreement among the presidential guards. However, there are no compelling reasons or evidence that indicates that coup was plotted. There was no evident that shows president Kiir’s home, or him was almost captured. The soldiers loyal to the president, Salva Kiir and the former vice president Dr. Riek Machar fought bitterly for almost four days. Riek Machar fighters in those four days had no leader (they were not led by individual with ranks in the SPLA; they fought in those four days without a leader that gives them directions. The fact that the government of South Sudan did not identify individual with ranks that was leading fighters in Juba between December 15th to 19th, 2013 make it difficult for anyone to believe that there was a coup plan.
The Infamous Supreme Court Trial for Political Detainees
This infamous court trying the four political detainees in the course of the last few weeks is damaging our moral standing that Global stage because the government ‘senior officials convict political detainees before trial. This court is proving that the political detainees were found guilty before due process.However, universal legal standard or international judicial system pronounces that all the suspects are innocent till proven guilty by the law. This infamous trial in Juba is affirming that we are lawlessness state when this should be an opportunity to repair our image and moral standing at the global standing, since this is a televised trial. The framer of South Sudan constitution, Justice Makuei Lueth asserts that “we do not have political detainees, we have criminals in jail.” This is an episode that makes world leaders dizzy because it implies that this is premeditated, and South Sudan government is simply prosecuting innocent politicians. The prosecutor had failed to establish links between the fighting that took place in the presidential guards at army barracks at Giada and Bilpham on December, 15th, 16th, 17th, and 18th, 20013, and the political detainees.
We all know the command and control in the army. The presidential guards are led by Major, and Brigadier Generals. The president and his officials agreed that the war broke out in the Presidential guards. The Prosecutor did not even bother to ask what caused fighting in the Presidential guards. Why does the prosecutor refuse to scrutinize generals that lead presidential guards, who else will know what caused fighting or violence in the presidential guard? They need to identify people who first fired the bullets, if they have failed to identify leaders in the army, and why are they keeping innocent people in jail and tried? It vital that presidential gurads generals have managed to arrest people who killed innocent people in Juba but it will remain a mystery if they do not reveal men and women who initiated fighting in the military headquarters and arrest in Juba.
The IGAD, International community and most importantly people of South Sudan are waiting to hear compelling evident, and well supported facts of coup d’état in Juba, otherwise, we all assume that this is kiir’s maladministration work at its best. Poor judgment and miscalculation could have caused fighting in Giada. However, the government officials have insisted that the four Political Detainees will be charged for treason, if they are founded guilty. The prosecutor has carried its interrogations and came up with the following charges against: the General Oyai Deng Ajak, former SPLA Chief of Staff and security Minister, Oyai was one accused of coup d’état. Dr. Majak D’Agoot a martyred eminent South Sudanese politician and Director of National Security and Deputy Defense Minister, Majak have been accused of coup over six times. The Chief Negotiator of the CPA Pagan Amum OKiech, it is importance to note that Mum has bitterly disagreed with the President on the implementation of the CPA protocols, championship for nominee for the SPLM party in 2016 election, and contest over the SPLM chairman, Ezekile Lol Gatkuoth, head of GoSS mission to United States was placed in jail because of his tie to Washington.
These most revered, honored and cadres were accused of alleged coup d’état and charged with the following:
If the above charges are true, they do not carry treason penalty or 20 years in prison, I think they were written for publicity. I have engaged in those charges because I have undermined his authority, and insulted him. How many people have insulted the president? I think they are part of legitimate discontent across the nation because president has failed its people. Whenever, the president failed citizens demand accountability and justice. Besides, our bills of right guarantee freedom of press and speech to criticize our government wherever its goes wrong. Political detainees did not incite violence or caused conflict. The political detainees did not stage a coup but they were put in prison for political reasons. The senior government officials understand that these giant politicians and military leaders could undermine kiir bit for presidency comes election in 2016, hence they orchestrated and cooked ways of eliminating them. They saw that setup them up for coup was the best and it work for them, and I am not sure how this coup will sustain Juba’s leadership.
We, in the diaspora are embarrassed about each new development in our country. We all had hoped that the government would setup independent body to investigate into Mayhem in Juba, Bor Town, Bentiu, and Malakal, however, the government is paying more attention to case of four political detainees. What evident that links political detainees with fighting that broke out in the presidential guards? The Supreme Justice fails to provide answer. The violence seems to stem from disagreement among presidential guards. The long brewing volcanic eruption instantaneously rages in three key states because conditions and situations there exacerbate conflict. The government officials know very well that our country is fragile; we just emerged from wreckages of wars fought for six decades. The environment and climate of South Sudan is ethnically tense and political charged, and an opportunist likes Dr. Riek Machar took advantage of such situations and helps killed thousands innocent people.
On the other hand, Juba’s fails to assess what it has been doing wrong, and history indicates that good leaders I identify where they went wrong (identify problem, define problem, and frames policy that could potentially remedy those problems). We have witnessed deliberate inefficient or incompetent leaders who have failed the people and killed hopes and dreams of South Sudanese instantly. Kiir administration political miscalculations and poor judgment plundered the country into grim of war.
Kiir’s Administration Tragic’s Policies
There is no country that has survived when its leader it rigid. President Kiir stuck with ill advices that come from his inner circles or President of Uganda (and tribes in Uganda are completely different from our tribes). Therefore, policies of Ugandan government will never and can never be feasible in South Sudan. He listens to advices of those who are ill informed about policies of independence which frequently resulted into tragic events. Ill policies have killed people of South Sudan, and I hope this will be lesson learnt. Since 2006, president Kiir has been championing the appeasement policy. He appeases militias, and integrates them into the SPLA forces. Kiir integrates militia starting with deputy chief of Staff, Paulino Matip Nhial to recent Lt, Generals Bapiny Monytuil and Johnson Olony. He offers Presidential amnesty. This is sound good in media and in part of the president but appeasing people whose loyalty remains with rebels and not South Sudan nation is harmful and had claimed thousands of lives in this war. Appeasement policy reward rebels for their killing and violence behaviors. Appeasing peter Gatdet Yaak is tragedy of common. Besides, the president should have known that Dr. Riek Machar wanted to be leader since 1990s through rebellion, hence appeasing Dr. Riek Machar was a receipt of bloodshed.
However, the government first needs to accept that mistakes were made, and this war did not sprung overnight. We must stop blame games and cease from being in the denial. It is inhumane and unthinkable to kill entire generations for meaningless war. However, death level in South Sudan should fare well with criticism of government and rebels. Both rebels and government are equally responsible for this violence. The administration is confused and had no clear policies of mitigating conflict and responding to mounting international pressure.
From 2007 to 2013, President Kiir has been championing containment policy. He initiated this policy when he removed his vice presidential powers, fired the vice president and reshuffles entire cabinet, events that worried the IGAD, International Community and good people of South Sudan. People who observed the government of South Sudan for the last years could agree that Kiir policies were bound to transpire into strikes riots or violence. RIGIDITY, APPEASMENT AND CONTAINMENT were policies have resulted into graving consequences.
We must have justice as a prerequisite for a viable peace. I will propose a clear road map to peace and stability. I know lot of people across South Sudan will not be happy with this article but victims will have hopes with my propositions.
We have had monolithic government for the last 9years, and I think factions in the government perfect democracy, and they create check and balance. The president kiir had presided over wide arrays of issues that transpire into this tragedy. Deep seated hatred has been growing among citizens, and he singlehandedly allows ministers to sip luxurious wine in Juba. Death and displacement at these scales would dictate any conscience to see for justice and accountability. In fact no one would brush off the worst destruction of lives and let go criminals free. Hence, I recommend war criminals must be held accountable.
Rally Justice for the Victims
It is essentially cornerstone and core principle of the International Community, IGAD and good people of South Sudan must continue to call for justice. South Sudan must never be a country where leaders killed their own people and go unpunished. We have rewarded Dr. Riek Machar for mass murdering in Twic East, Duk, and Bor South in 1991. We have rewarded David Yau Yau for committing atrocities in the state of Jonglei (Uror, Fangak, Twic, Bor South, Twic East Duk), and we have rewarded Peter Gadet Yaak for killing innocent people in Greater Upper Nile region before this war broke out. For how long shall we continue to reward criminals for killing innocent civilians?
The leaders that I have mentioned above have been widely considered as individuals who orchestrated ethnic cleansing in South Sudan. Because we rewarded the, they have been living in a state of denial. They are not aware of the crimes they have committed. First, whatever the twisting and distortion of cleansing are, the fact remains that ethnic cleansing is defined according to article 2 of the convention on genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group," as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group, (Article 2, 2002 Convention on Genocide and Ethnic Cleansing) With that said, in which way is the Killing of in Bor Town, Juba Bentiu , Baliet, Bongki, Jau, Pariang County Leer, Piji County and Malakal are not a Ethnic cleansing? Nuer tribe is killing Dinka. Is that not a killing of group which according to the above definitions amounts to an act of ethnic cleansing? Also the killings, raping and indiscriminate attack against the innocents’ civilians bring them mental harm. Is that not also acted of cleansing according to the above definitions? Patients were raped and killed in Bor Town and Malakal Hospitals isn’t the true definition of ethnic cleansing?
Besides, the displacements in which the victims find themselves in a surrounding which they have not anticipated cause mental harm. Furthermore, depriving the victims of their chances of making opportunities for their lives such as displacing them from their farms so that they no longer grow crops and rear their animals fit perfectly the ethnic cleansing definition of " inflicting on groups conditions of life calculated to bring about its physical destruction in whole or in part." Make no mistake, we do not need a large number of people to die to classify a killing or harmful action as an ethnic cleansing. Even if one person is being killed, it’s ethnic cleansing as long as the killer intends to eliminate that person because of his/her tribe, and ethnicity. In short, an intention to eliminate a person because of tribe, and ethnicity can amount to act of ethnic cleansing even if the elimination has not yet succeeded. Only justice can deter criminals in South Sudan. They will continue to kill but we will threat them with justice. This is a blue print, and evidences in on sites findings will authenticate these definitions of ethnic cleansing….Killing innocent people ought to end, and it must end now.
I am not a big enthusiast of ICC, I wrote an article title “The ICC Allegations Against the President-Elect, Uhuru Kenyatta, and the Detrimental European Legacy in Africa” in march of 2013. I am extremely against ICC meddling in African affairs but we do not have independent legal institutions in South Sudan, therefore, I welcome ICC to try War Criminals in South Sudan.
War Criminals must be Tried by the International Criminal Court (ICC)
I urge the International Community, ICC, IGAD, moral leaders, and people of South Sudan to stand together and press war crimes charges against the perpetrators, and mastermind of this bloody war and previous conflicts. I affirmed that South Sudan will remain stable and peaceful when justice starts to roll down and takes its course. The impartial justice system can provide victims with necessary resources to rebuild their lives. Furthermore, the justice system often provides victims and their families with a sense of justice that South Sudan, IGAD and International Community could provide. I will list some generals below that could be held accountable for crimes against victims or state.Nevertheless, the court could possibly grant victims to file lawsuits against responsible parties, or leaders implicated in crimes, and the court could determine which case it could drop or consider base on its own discretions. The court could rather attempts to ascertain whether an offender or liable for the injuries sustained as a result of the crime. Victims must be compensated or reparation, they should be awarded because they have lost everything they had. Victims must be fully compensated for the trauma of victimization or the loss of a loved one; it can be a valuable resource to help crime victims rebuild their lives. Criminals must be exposed to crimes liability. Investigators can be allowed to visit several sites where mass killing reported mass.Besides,in this politically charged atmosphere and climate, it raises prospect of distortions and biases that could affect human rights investigations.
The report describes alleged incidents of mass killings in Juba, Bor, Bentiu and Malakal. In these capital cities and counties, Rebels forces were said to have engaged in targeted killing of Dinka civilians in houses, hospitals and Churches. Many series of independent reports suggest that Nuer were targeted and killed in Juba, streets and in their homes. In Bor Town victims were tied together in lines and forced to walk to locations where they were then killed, the report recounted. Rebels and government have committed serious human rights abuses. UN personnel reported that that hundreds of bodies of those killed in Bor have been “burned, buried or thrown into the River Nile. Eye witnessed affirmed that over 200 people were killed in the hospital, and church, most of them were ill old women and men. Dinka and Shiluk civilians were killed by the Nuer “white army” and by defectors from the army and police in Malakal, according to the UN personnel reports. As control of Malakal shifted, attackers focused on civilians belonging of different ethnic groups. When the Rebels controlled Malakal, Dinkas and Shilluk were targeted; when government forces were in control, civilians of Nuer said to have been targeted because they were seen as supporting the opposition. Now, thousands of citizens are in dire situations. Nobody exactly the number of people that have died but the carnage continues on a broad scale of destruction. People continued to receive sad news of their loved killed, some are either killed, rape or maimed.
My findings indicates or alleges that these leaders were implicated in war crimes committed in Juba, Bor Town, Malakal, and Bentiu, (specifically in Baliet massacre), Jau, Panakuac, Bongki, Parieng county) Piji county and notes that more leaders could be added in this list:
1) Dr. Riek Machar Teny, the former vice called on all the SPLA generals to overthrow democratic elected government. This calls is described an as an inciting of violence and perpetration of massacre killing. He establishes South Sudan Resistance Movement (SSRM) which validated rebellion and affirmed his intends to kill innocent people in all regions of South Sudan.
2) Marial Chanuol, Major general of the presidential guards and led the Juba killing of Nuer ethnic groups. He led Juba mayhem against Nuer ethic group. UN personnel have reported that 200 to 300 people of Nuer ethic group were killed between 15th, 19th of 20013.
3) Peter Gatdet Yaak, major general who mastermind Bor tragedy in Malual Chaat and Pariak. He killed his deputy, Major general, Ajak Yen, with those who he deemed as Dinka. He targets Dinka ethnic group. He led white army which captured Bor Town three times. He also led mayhem in Piji County in Jonglei state. UN personnel reported that 2,500 civilians were killed in Bor Town and 80, 000 people were displaced in December of 2013 to February of 2014, and it is important to note that over one million people are displaced the Greater Upper Nile (Sudan tribune.)
4) James Kong captured Bentiu and declared himself as a supreme governor of Unity States. He led Massacre in Baliet, Panakuac, Jau, Bongki, and Pariang in Pariang County. 375 civilians were killed in a hospital and church in Baliet County (bodies are being counted in Unity State).
5) Recent heavy battles between rebels and government troops have been over the key northern oil hub of Malakal, which has exchanged hands several times between warring sides. UN personnel discovered at 20 dead bodies in a hospital in Malakal during last weekend, Associated Press news agency reported. It said several of the victims had been shot while lying in their beds. Malakal is deserted, with houses burned throughout and countless dead bodies strewn in the streets. There are no words to describe the brutality (bodies are still being counted in Malakal).
6) David Yau Yau is man who terrorized civil population of Jonglei, raids cattle, abducts children, and killed over 10, 000 people, and details of how many people he had killed are evident blow:
Cattle rustling and tribal fighting in Jonglei state had killed over 10, 000 people, unknow children are abducted, and hundreds of thousands head of cattle are taken. The following indicates series of cattle rustling, most of which mastermind by David Yau Yau. Thereafter, Lou repeatedly harassed Duk County until in May 2007 Jieng of Duk Padiet retaliated and looted 20,000 heads of cattle and killed unknown number of people. Here is a summary (Most of it from Small Arms survey, News Reports, IRIN Website, International Crisis Group and academic journal articles:
Jan – May 2006: SPLA disarms Dinka and Anyuak peacefully, Lou resists, and 1,200 are killed. Lou Nuer rearms within 18 months (ICG).
May 2007: Duk Padiet clash with Lou over grazing rights resulting in Jieng looting 20,000 heads of cattle.
July 2007: Murle attack Akobo. Hundreds are killed (no concrete figure is given).
October 2007: Murle abducts two children from Bor County.
Nov. 2007: Murle kills 8 and steals, 7,000 heads of cattle in Padak in Bor County. The Murle raiders are pursued but they ambushed the pursuers and kill 21 Jieng while they lose only six.
Jan 2008: Murle attack Anyuak in Pochalla County, kills 26, and takes 105 cattle. Then due to census and other things 2008 threats by Jieng of Bor County to raid Murle things quiet down.
Jan. 2009: Murle attacks Lou in Akobo kills 300.
March 2009: Murle attacks Wuror and kills 600-750
March 2009: Lou attack Murle in Lokuangole and kills 450
April 2009: Murle attacks Lou in Akobo and kills 250
May 2009: Lou attacks Jikany in Upper Nile and kills 71 (Nuer against Nuer).
August 2009: (a) Lou attacks Jieng in Wernyol in Twic East County twice killing 11 and 47 on each occasion. (b) Murle attacks Lou in Mareng killing 185.
Sept 2009: Lou attacks Duk ë Padiet killing 167.
Then everything goes relatively quiet because of referendum and the elections and 2010 passes without major incidents in Jonglei.
May: 2011 Murle Attacked Payaar, killing six people, and 500 heads of cattle were taken.
Feb. 2011: Murle attacks Wuror County and kills eight.
April 2011: Lou Nuer attack Lokuangole, in Pibor County kills 200 Murle.
June 2011: Lou Nuer attacks Gumuruk and Lokuangole, in Pibor County, 400 Murle an 398,000 heads of cattle looted. Nuer Youth also reports on the Internet that Jieng has joined them.
August 2011: Murle attacks Wuror County and kill 750 Lou Nuer.
Dec 2011: Murle attacks Jalle in Bor County and kills 42.
Jan. 2012: (a) Lou Nuer attacks Lokuangole and Pibor and kills between 1,000 – 3,000 Murle.
(b) Murle attacks Duk county and kill 47 people while they are under attack! One thought they would be busy defending themselves!
Feb: 2012: Murle attacks Anyidi in Bor County and kills nine Jieng and in retaliation, Jieng in Bor Town kills seven.
March 2012: Murle attacks Nyirol County and kills 30 Lou Nuer
March 2012: Murle attacks and kills 225 in Ethiopia and within Jonglei.
October: 2013, Murle Attacked Mar, Paliau, and Jalle, Killing 81 people and took 2, 500 head of cattle. Twenty children were abducted.
If you calculate how many people died since 2006 in Jonglei State, the figure is stands at about 10, 000 people and hundreds of thousands head of cattle taken.
Dr. Riek Machar Teny Must Face Justice for 1991 Bor Massacre
Dr. Riek quests for top leadership in South Sudan was known in 1991 when he rebelled against the late chairman of the SPLM/A, Dr. John Garand de Mabior. Instead of attacking SPLA military installations, he resorted to killing of innocent civilians in three Counties of Duk, Bor South and Twic East. Amnesty International reported that Machar had killed 2,000 people and displaced 500, 000 in Duk, Twic East and Bor South counties. He is a leader that killed citizens of South Sudan for his own political gains. Machar is rarely known a leader who developed leaders from his own tribes. He had served as vice president and Upper Nile regional leader for years but he did not promote train or develop leader of tomorrow. Machar is beget that wants to reduce population of Greater Upper Nile through violence. He is not a moral leader. He does not understand significance of life meaning.
After death of Dr. John Garang de Mabior, attended John Garang Memoriam at Nyandeng de Mabior house in Juba, and apologized for his infamous Bor Massacre. Dr. Riek broke down in tears when he chose to apologize, I was told, but his apology maybe suspect as a politically motivated move and must be thoroughly vetted and analyzed in order to steer our victims away from his political fishing expedition. Dr. Riek Machar apologized at the home of late Dr. John Garang on Sunday, August 7, 2011. We in the Diaspora were equally stunned but not surprised by the timing of the apology. Like all the victims and survivors of the Bor Massacre everywhere, the raw and bitter memories of 1991 were brought back in full swing. But we also know that no amount of justice will ever ease our pains of 1991 Bor Massacre when our people were mercilessly murdered; the year they were robbed of their wealth passed on from generations to generations—everything they had clung to since time immemorial was turned upside down. The magnitude of loss could not be compared to what happened in 1991 when thousands of defenseless women, children, disabled and elderly from Bor were maimed and left to wallow in destitution. The land that once breathed life and rich heritage became a playground where wild animals and birds like vultures could take turns to feast on dead bodies like never before seen. The Bor Massacre is immortalized by the photo of lifeless child with the vulture standing next to him. History will never forget the horrors of 1991. The justice must be first ensure and victims of Greater Bor Community must get reparations, or be allowed restitution, repayment for pain/suffering/punitive damages and the recognition by the perpetrators or the government of South Sudan, IGAD, and International Community that crimes was committed. It is the victims at their own personal volition that should be allowed to testify in tribunal court.
Propose Prospects for Peace and Reconciliation in South Sudan
The government of South Sudan should play significant in bringing peace and stability to South Sudan. Juba must craft inclusive policies that would ensure incremental peaceful political settlement of the conflict. The public good and welfare of the citizens is disregarded in the conflicts of rival parties’ leaders who are fighting for their own goods. Hence the following could bring peace to South Sudan, if they are concurrently implemented in political sequential paces.
1. Cessation of hostilities must be honored and implemented to end the blood shed
2. Writes new constitution that is grounded in South Sudanese traditions; constitution derives from our own political cultures, values, norms and traditions. This constitution must feature separation of powers within the government, its creation of checks and balances among the legislative, executive, and judicial branches. The array of forces within the government would constantly compete with (and often frustrate) one another. The federal courts would protect from both the executive and the legislature because judges and justices, once appointed by the president and confirmed by the legislative assembly.
3. South Sudan must establish institutions that could transform army, an SPLA that will be loyal and patriotic to the nation of South Sudan not tribes or leaders or generals in the army. This mean initiating training programs in which all the soldiers should go through in order to graduate in the South Sudan Defense force (SSDF). Rules and laws that govern Military must be pound into their heads to honor and defense the sovereignty of country. Presidential amnesty to rebels and integration policy was a disaster for our Country; we have lost thousands of men and women because of this policy, we must learn from it and rectify those missteps.
4. Political detainees, people of Diaspora, traditional leaders and youth of the Greater Upper Nile region can help in healing and reconciliations process. Note that the government can provide resources to make this peace a reality.
5. Creation of democratic institutions of government that would ensure accountability and transparency. They must be independent from judiciary, legislative and executive. For instance, independence agency that can audit the government and holds senior officials accountable for their wrong doing in an event of missing funds.
6. Since 2006, the instability, cattle rustling, and tribal violence have claimed innocent lives. The massive unemployment of youth in South Sudan escalates violence. It is time for government to give this youth incentive. White army is neither loyal to rebels nor government, they are loyal to their traditional leaders. The government could use some resources as an incentive to initiate cease fire and persuades them to accept peace. Finally initiate long term programs for deviant youth. The government can initiate three tier levels of peace process, an inclusive one that had elders, youth, and women and people from diaspora or diaspora communities of Greater Upper Niles.
7. I would recommend to the president to immediately release the four political detainees to initiate peace reconciliation within the SPLM party. They need to compromise and write their new constitution, rules of law and amend their manifesto, because unity in the SPLM party is a unity of South Sudanese people. SPLM must be transformed from its liberation Struggles organs to democratic political party organs. This could mean eliminations of Politburo, and National Liberation Council. The political cultures and values of the liberation struggle may hinder democratic ideals. However, some leaders that had unique qualities of leadership could work around these political cultures and values to propagate the most needed ideals in a country. A leader that holds tribe and ethnicity dearly impedes progress and failed. Executing visions and programs, and lifting laws to the highest ethical standards is a leader that succeeds.
8. The war was between the rebels and the government had taken tribal dimensions, and this had threatened tribal fabric and ethnic relations among Shiluk, Dinka, Nuer and Murle. This could mean government needs to organize grassroots movement that would champion peace in the hotspots parts of South Sudan. Tribal leaders, youth, elders and diaspora from tribes to form peace and reconciliation team that would work to repair damaged ethic cohesion.
9. Government must grant citizens sovereignty to exercise their freedom of press and speech.
10. Ends corruption, bad governances, neglect, lack of accountability and democratic institution are ruining South Sudan, it is time for government to wake up and deliver services to citizens. We badly need democratic institutions of government, and the west wants to help South Sudan to stand on its own in this area.
Conclusion
To people of South Sudan, we have endured nerve wrecking hardship in wars, we have wept, mourned and rise up together hopping that better days are head. I urge the people of South Sudan to compromise, forgive, and seek for reconciliations. We must forgive one another because our tribes never abhorrence each other; it is political leaders that caused conflict for their political gains. Good people of South Sudan, Kiir-Riek led government had consumed our money, and we remained silence, senior officials had built their houses and mansions, and we remain silence. They have bought their cars, and built hotels, and we remain silence. Now, they have caused conflict, and they are killing people, and we remained. The whole epic and chronicle of Kiir and Riek must stop. Let all stop violence and call for peace; it is our utmost responsibility to pave ways for peace and conflict management, and initiate peace-building programs/projects. It is significant for our generation to pioneer capacity building programs, encourage justice for victims, and use groundbreaking programs to establish long relations among warring tribes. We must lift up to highest moral obligation and human dignity to bring peace and justice to South Sudan. Let us all hold leaders that were implicated in this war crime accountable, for the simple fact that it is an important part of peace, healing and reconciliations.
The author teaches political Science and History at Career College, former Nebraska legislative assistance and passionate advocates of responsive government that observes rules of laws, and guarantees citizens protection; as an important principle of democratic government. Besides, he is specialized in Public administrations and policy.He can be reached at [email protected].