Friday, January 17, 2014

lets get serious


To tie in the issue of the political detainees - an issue of due process of law- to what is happening in the country (unnecessary deaths, widespread displacement, lootings, burning of public and private property…basically anarchy) is irresponsible and dishonest. These are two separate issues, regardless of whether or not one preceded the other. Instead this makes it seem as though the rest of the country has to pay a steep price because of the house arrest of the 11, whereas none of us were privy to the decision-making process that led to their detention. I would hope that the detainees themselves separate themselves from the violence currently happening in their name. It is okay to support a political cause while at the same time decrying the means to achieving it.

To state that the end objective of this rebellion is to grant us a more peaceful and democratic state makes absolutely no sense and is not in keeping with the wants of the majority. None of us were consulted.  This does not bode well for those who state that they are fighting for democracy when this has not been a democratic process. Lets us rethink our objectives.

Thursday, January 16, 2014

what alternatives exist beyond the negotiating table?


There are numerous articles about the current crisis. These tend to focus on what sparked the conflict; who did what or said what to whom and when, who killed who and who retaliated, who is to blame and who has the moral high ground.

This distracts from the consequences of the crisis. The many women forced to give birth in deplorable situations in the bush or in camps, the children separated from families, fearful and unaware of where the next meal is coming from, the families scarred and anxious for members on the front-lines sometimes on opposing sides, patiently waiting for news bearing death. These are the communities of the affected and every time a town is captured or recaptured, this is not victory.

At this stage of what looks like the beginning of a protracted negotiation process, it is imperative that we begin discussing alternatives to the Addis Ababa peace talks.  There is consensus that current hostilities are a symptom of our failures of leadership and many of us doubt that this same leadership will provide a lasting resolution.  It is also impossible to believe that negotiations divorced from the reality on the ground, negotiators apart from the communities of the affected, and negotiators for whom the suffering of hundreds of thousands remains an abstract concept to be bartered with understand the urgency with which we need cessation of hostilities. 

Perhaps it is time we as South Sudanese begin to think of ways to bring our family members and our communities together to look for a resolution.  It is time for we as South Sudanese to remind ourselves of the ways our cultural gatekeepers resolved disagreement and hostilities. It is time for us to begin strategizing on how to call upon the community leaders of the affected to issue a cease and desist order.  These are our young men dying, and for a cause led by people who do not live amongst us in the first place.

A comprehensive agreement might not come out of these community-based initiatives; but perhaps it will halt the recruitment of young men or reduce the numbers of those going to the frontlines, and will ultimately safeguard innocent lives – the elderly, women, children and men, all of whom are innocent bystanders.

These words reflect my idealism, but I firmly believe there must be existing alternatives to the dialogue in Addis Ababa. It is possible that hostilities have moved beyond the parties at the negotiating table and we need parallel efforts at calling for and sustaining peace.

we need a wunlit.
http://www.washingtonpost.com/wp-srv/inatl/daily/july99/sudan7.htm

Thursday, January 9, 2014

What alternatives existed before this armed rebellion?


Been reading the 2008 splm constitution to see what alternative mechanisms riek and company could have chosen. Let’s see...

Within the SPLM

1.     remove the chairperson;
“The Chairperson may be removed by the NC in an extraordinary session convened on the request of at least two thirds (2/3) of members of the NLC for violation of this Constitution or gross misconduct provided that the resolution for the removal of the Chairperson shall be carried by three quarters (¾) of all members of the National Convention.”  The opportune moment was at this December meeting

all they needed was to obtain 2/3rds support from this group;
“The NLC shall comprise of not more than 275 members; provided that women are represented by at least twenty five percent (25%).”

2.     If the issue was the show-of-hands voting, there is this option;

“Voting in the National Convention shall be by show of hands. However secret ballot may be adopted whenever demanded by   at least one third of the Delegates. ”

3.     If the December meeting was inconvenient
they could also have later called for an extraordinary meeting;

“The National Liberation Council shall be convened once a year in a regular session and may be convened in extraordinary sessions whenever deemed necessary by the Chairperson, PB or on the written request by at least one quarter (1/4) of its members.”

Within the Parliament.

Lets see what the 2011 transitional constitution of the republic of south sudan states:

Immunity and Impeachment of the President
103. (1) The President shall be immune from any legal proceedings and shall not be charged or sued in any court of law during his or her tenure of Office.
(2) Notwithstanding sub-Article (1) above, in case of high treason, gross violation of this Constitution or gross misconduct in relation to National affairs, the President may be charged before the Supreme Court upon a resolution passed by a two-thirds majority of all the members of the Assembly.

Contesting Acts of the President
104. Any person aggrieved by an act of the President may contest such act before:
(a) the Supreme Court, if the alleged act involves a violation of this Constitution, a state constitution, the Bill of Rights, or the decentralized system of government; or
(b) any other competent court of law, if the allegation is based on any other legal grounds.

Wednesday, January 8, 2014

page heard: response to mamdani's article


I too have a lot of respect for Prof Mamdani, and the work he has done counter-acting the sensationalism of the Enough Project over the Darfur Crisis. Especially in illustrating the fact that the issue not as simplistic as a black and arab crisis or genocide, but that there is a political and ecological issues that also explain the conflict. I wish that he had taken the less simplistic argument for the crisis in South Sudan as well.

This article though, really pissed me off…and I would like to address some of the key issues with the article;

The immediate background to the current crisis is the declining support for Kiir, ….. Before Kiir dismissed them from their respective leadership positions, at least three in the party leadership had publicly declared their intention to run against him in the coming elections. One was Machar, second in the state-party leadership, the second person was the secretary-general of the party, Pagan Anum. And the third was Rebecca Garang, the widow of the late SPLA leader.


This statement has to be qualified…declining support from whom? While it is true that Kiir’s popularity and support within the SPLM is not what it used to be, it is not clear that any one side holds a majority. The SPLM party structures allow for the removal of the chairman by 2/3 vote by members of the National Liberation Council and they can call for an extraordinary meeting to do so.

The Chairperson may be removed by the NC in an extraordinary session convened on the request of at least two thirds (2/3) of members of the NLC for violation of this Constitution or gross misconduct provided that the resolution for the removal of the Chairperson shall be carried by three quarters (¾) of all members of the National Convention.” SPLM manifesto, 2008

This has not happened to date and the December meeting of the NLC, in fact confirmed Pagan’s removal from position of SeCy.  This shows that there is no ‘majority’ support for Machar or his agenda. This was also clearly illustrated during his removal as VP. Most of us in South Sudan feared a return to conflict but there has always been a veneer of mistrust over Machar, given his history in SPLM and there was unrest or people calling for his reinstatement. Most people I know feel that Wanni Igga (the current VP) should have been the VP from the very beginning, given his history within the SPLM.  If there was majority support for Machar and his agenda, we should have seen this at during time the national reconciliation committee that he led was cancelled, when the executive powers granted him by Kiir were removed, and later during his firing as VP.

I am assuming Mamdani is talking about declining support from the party. Because I would hesistate to say that any of the three named figures have ‘widespread’ support of the general public. Nyandeng’s legacy as minister of roads and transport was one of self-enrichment and was rife with lack of accountability. Pagan is currently under investigation for corruption, and while I do believe he is being scape-goated because of his stated intention to run at the 2015 election –it is difficult to determine if he even has enough support within SPLM for this to happen- there are elements of truth in these charges.  I am saying he is being scapegoated because he is not the only corrupt official who should to be facing charges.

“With the majority in the party against him, Kiir decided to use the structures of the state to dismantle whatever still remained of the organs of the party. The occasion for this came when his opponents demanded that he disband the Presidential Unit that he had set up, which he placed not only outside regular army structures but also, more or less, under his own control. According to those opposed to Kiir, though he agreed to do so, he began by disarming only Nuer soldiers in the unit. When they resisted, he claimed it was an attempted coup.”
Alas, again, the word, majority. This explanation of the events of Dec 15th seem to be from Dr. Adwok Nyaba’s ‘root causes’ article which is questionable. There are many versions of what inspired the events that have led us here and at this point, e.g just this one article has more than one version…
Anyone who’s lived in Juba knows how quickly rumours spread and barring a full investigation; it is difficult to ascertain what actually happened. I think it is unfortunate to peddle one version of events in the meantime. Mamdani does not mention when this disarming of Nuer soldiers happened- was it immediately after the walkout at the NLC meeting? Did it happen during? Did it spontaneously occur during the night? What is the ethnic identity of who shot first?  At this point it is irresponsible to make this a DInka-Nuer issue. The composition of the Presidential Guard is both Nuer and DInka- whether or not the guards are under the direct control of the president is irrelevant – unless Mamdani wants to claim that it was a force bigger than the regular army, and therefore a threat to the entire country.
When Kiir unilateraly dismissed both the vice chair and the secretary-general of the party, along with other senior officials, from leadership positions, the move did away with structures of accountability in both the party and the state. It also destroyed whatever conflict resolution machinery existed at both levels.
This makes no sense at all. Kiir dismissed Machar in his position as Vice-President.  The vice-president serves at the discretion of the president- according to the 2011 constitution of South Sudan. As do the Ministers. The NLC convention was held to vote for key documents, which uphold the structures of splm, including the manifesto. How does the dismissal of these two persons destroy conflict resolution mechanisms? SPLM is composed of more than the 3 – the Political Bureau, the National Convention and the NLC are all existing ‘conflict resolution’ structures. I believe these rebels should have been responsible enough to use the party structures to resolve any issues within the SPLM, up to drumming up enough support to dismiss the chairperson, if they deemed this necessary.
This, then, is neither an attempted coup nor a rebel attempt to take over government. It is, rather, an attempt by the top leader of the government to forestall a vote of no confidence in his leadership, by dismantling all structures of accountability in a bid to usurp power.”
While it is questionable that this started as a coup, the fact that Machar has stated that his aims and the rebels aims are to overthrow the current government, and has threatened to overrun the capital means that this is now essentially a coup. His speaking about diverting oil revenues from Juba and directly negotiating with Khartoum brings to memory 1991- and again, given that people have lost lives, and fled their homes, really makes us wonder where his priorities lie. It is a bit dismissive of the rebels stated aims to discount that their stated intentions have been to overthrow the government of south sudan is contradictory.
“Internally, to call for power sharing in South Sudan is to ignore a central fact: rather than a conflict between two powers, this conflict resulted from a split in the power. So the problem is how to reconstitute that power.”
I agree with this. The events of the past few weeks are about political ambitions and a fight to gain power and illustrate internal splits within the SPLM- and in my opinion a lack of vision/ leadership within the party. This was accelerated because neither group has garnered the necessary majority to overthrow the other group through existing mechanism- either by pushing through a no confidence vote at the NLC meeting or through parliament. That one group then chose to use alternate means to gain power or credibility- using the excuse that a war will result in a more democratic South Sudan – is a pity- and should be excoriated.
The elections are/were to be held in 2015. South Sudan desperately needs an opposition/ alternative party to the SPLM. Most of us would have preferred to see a viable alternative come from the disgruntled elements. South Sudan does not need an ethnic-based fight for power because of the ambitions of a few individuals. Neither does South Sudan need the irresponsible reporting by the international media that has made this into a Dinka-led government and a Nuer-led insurgency, at the expense of the political divisions that have resulted in this crisis.
And this is not a widespread endorsement of the presidency of Salva Kiir- there have been numerous disappointments. However, I include this group of rebels as being part of the problem and not a solution. Machar as VP has overseen the widespread corruption that has been endemic in South Sudan he cannot divorce himself from this and lay all the blame on Kiir.  All these parties have been sleeping in the same bed.
The way forward right now is for all parties to lay down arms. While they are busy playing political chess games at the Sheraton in Addis, thousands have died, hundreds of thousands have fled their homes, and are living in dire straits in IDP camps, and widespread fear is a reality for the majority of Junubin.  An investigation into the events of Dec 15th, and subsequent events –including any human rights violations- and following judicial due process is necessary for accountability. South Sudan is a republic. The Government of South Sudan, regardless of whatever issues with the direction taken, is still a democratically elected government. Let us follow due process of the law. If the majority of us are unhappy with the government or presidency- we should be talking about impeachment- not civil war.
Here are additional viewpoints:

*I need to write about media coverage of events. Al Jazeera has been completely irresponsible- no wonder their correspondent was expelled from Juba. They are not the only ones. It feels like the media has been wishing for a genocide to happen. Reporting has been wishful thinking, at best.

Monday, January 6, 2014

Paging akon

So like everyone else I've been watching the events in S.Sudan unfold.I don't want to post on it just yet for a few reasons.Mainly akon has a much clearer perspective on this issue than mine as well as a deeper understanding of the politically situation on the ground.{I would like to use this forum to harrass my coauthor into blogging more on the situation}I feel at some point I'll blog about the effect of this conflict not just on S.Sudan but the reverbations felt even in the far North.

 Mahmood Mamdani is a scholar I tend to respect and his views on both Sudan's are generally balanced.


I'll just leave this article here;


http://www.aljazeera.com/indepth/opinion/2014/01/way-forward-south-sudan-20141565251473808.html