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Salva Kiir has accepted the responsibility for the civil war: but will he too accept the responsibility for the slaughter of over 10,000 innocent Nuer civilians in Juba?

By Gai James Kai

October 23, 2014 (SSNA) -- South Sudanese President, Salva Kiir Mayardit and SPLM – IO Chief, Dr. Riek Machar said Monday (October 20th) they have accepted mutual responsibility for a 10 – month civil war in which thousands of people have been killed, AFP reported. “The parties acknowledge a collective responsibility for the crisis in South Sudan that has taken a great toll on lives and property of our people,” said the deal signed by Kiir and Dr. Riek in Arusha, Tanzania. Now the question is, who is/will be accountable for the slaughter of over 10,000 innocent Nuer civilians in Juba and who fabricated the war at the first place?

But then have a look at what President Kiir and Dr. Riek had to say. “There is no reason for our people to suffer again after independence,” Kiir said. On the other hand, this is what Dr. Riek had to say, “we do not want this opportunity to go away like other opportunities before.” Technically and intellectually, one can judge over whose statement make much sense. President Kiir has said such things often before, including “I will never take this country into war again.” So now what happened under his (Kiir) leadership?

It is always difficult to predict the political future, but even if the East Africans’ regional bloc (IGAD) pursues a very different policy in South Sudan, I doubt it will acknowledge the amount of violence caused by the war during its nine months. Historically, the SPLM government has a poor record of acknowledging its responsibility for death or destruction of other peoples, beginning with the genocide against innocent Nuer in Juba (never officially acknowledged up to date), continuing through nine months and culminating in the ongoing refusal to acknowledge ten to fifteen thousand deaths of Nuer civilians in Juba; caused by Salva Kiir attempt to eliminate Dr. Riek Machar within the SPLM party.

Personally I think South Sudan mainstream media has a poor record of acknowledging the many for instance in which it has (collectively) failed to maintain its constitutionally mandated independence from government policy, and instead has ignored or written false report supporting government malfeasance. It was refreshing that the Sudan Tribune and Gurtong Trust acknowledged their failure to report the contrary evidence to the South Sudanese’ government claims about innocence in this conflict, but this is rare movement that has not led to more independent reporting on other Juba government’s actions in Upper Nile region.

I think that we can expect the South Sudan mainstream media to continue to compromise its journalistic integrity in reporting on this conflict, and will mean failing to report its own suppression and continue to misreport the Juba government’s role in South Sudan conflict. This expectation is, of course, speculation, but the best evidence for this speculation is the fact that the major media have been withdrawing their personnel from this conflict, instead of taking advantage of more favorable security conditions to send reporters to location that were previously inaccessible and therefore more thoroughly report the impact of the war on South Sudanese lives.

However, I have to be honest to you that I found the reporting in our very own Nyamilepedia, South Sudan News Agency, Upper Nile Times, Sudan Tribune and other international media more comprehensive in their coverage of this conflict. I would not say that they take the situation more ‘‘seriously,’’ – there has never been a problem with South Sudan media taking the war seriously. The differences are in the very specific parts of coverage: reporting on the Juba government’s involvement in the deaths and destruction, reporting on SPLM-IO resistance to Juba based government, reporting on the economic policies in South Sudan; reporting on who is fighting against the Salva Kiir’s government; reporting on the actual reality of life under Salva Kiir’s leadership and reporting on day-to-day antagonism of South Sudanese’ conditions.

I should add, however, that these failures are not so much failures of South Sudan’s mainstream reporters, but of the editors and publishers who assign reporters to particular stories and not to others. There are many reporters who feed information about all these issues into assignments that are aimed at other subject. One small example that will illustrate what I mean; is the recent battle in Upper Nile State that inflicted heavy losses on Juba based government but no man up-to-date knows what exactly happened on the ground over there apart from God! This information appeared toward the end of published report, but it was published nevertheless. In contrast, a SSTV report on the overarching destructiveness of the offensive and of the anger of residents at Juba based government’s military actions in Bentiu and Upper Nile was not broadcast.

Africans’ purpose in this comparison is supposed to be the same as my purpose in comparing the deaths of Nuer in South Sudan to those in Rwanda (1994): we are trying to give people a sense of the scale of the violence wrought in South Sudan by Kiir’s government. The mass murders in Juba under Salva Kiir Mayardit and the disappointment and genocide in Rwanda - as well as so many other recent and more distant instances of such a violence-all have different sources, intentions, and outcomes from the South Sudan violence and from each other. The point of making these comparisons is to point out the magnitude of the slaughter in Juba, not to make analytic comments about the dynamics of the war.

But do you believe that Salva Kiir – administration should face trial for their actions? In “the fog of war,” the current South Sudan minister of defense, Kuol Manyang said to the camera that if the Juba based government would be found guilty of 15 – 17 Dec – 2013 Juba massacres of innocent Nuer civilians, then he and other SPLM – Juba government officials would have stood trial as war criminals for massacring Nuer and coordinating UPDF to bombed Bor with cluster-bombs. Certainly, the action of SPLM – Juba political leaders and military commanders in ordering their troops and mercenaries to attack Nuer Civilian targets in Juba, Bentiu, Malakal and Bor failed under the same definition of war crime that Kuol Manyang was considering in the making this statement, and so it would be perfectly appropriate for Salva Kiir, Kuol Manyang, Makuei Lueth, Paul Malong and the various commanding generals to stand trial for these actions.

But take note that Kuol said that trial would have taken place if Juba based government would be found guilty of 15th to 17th Dec – 2013 massacres of Nuer in Juba. This statement has actually tuned out to be a kind of haft truth. In the nine months of battles, SPLM – Juba and its mercenaries committed horrible atrocities against Nuer, inclusive UN staffs, but only a relative handful of those responsible for their war crimes will stand trial. Most of international political analysts say that Salva Kiir’ government committed these atrocities, but neither IGAD nor ICC takes these as war crimes and crimes against humanity committed during that long, nine-months conflict.

They are  not predicting the future, but I expect that, no matter how the South Sudan war ends – with either Salva Kiir’s “victory” or with the “defeat” that SPLM – IO has repeatedly warned the Juba based government about – there will be no war crimes trials of opposition political and military leadership.

The author is a Law student at Nkumba University – Kampala (Uganda) and an independent columnist who has written numerous articles on politics, democracy, human rights, Law and order. He can be reached through This e-mail address is being protected from spambots. You need JavaScript enabled to view it or add him on facebook; by searching for the above mentioned names. You can also follow him on twitter @gaijames.kai.

Oppressive bills and elusive peace

By: Justin Ambago Ramba

October 16, 20154 (SSNA) -- Every stakeholder must understand that South Sudan is at crossroads in its history. With free speech and freedom of expression none existing, and a government that is adamant to use all forms of violence in order to subdue real or perceived opposition, the chances that the country can regain its sanity is dwindling by the day.   

More armed resistance is being imposed on the masses as was the case during the “Jallaba” era of misrule. But should those peace loving citizens be forced again into embracing militarism and not democracy as the only means to have their voices heard , then the incumbent government of President Salvatore Kiir Mayardit only has itself to blame. We thought he would be wise not to stroll in that path again. But it seems we are wrong. Once a murder, always a murder!

The civil war is beginning to engulf the world’s newest country, yet the world doesn’t seem to understand that a group of tribal supremacists who have installed themselves as neo oppressors in Juba are the true culprits. Who would have ever thought that only two years into its independence, the carrying of arms would again become a necessity for the citizens of in this country?  

You don’t have to go far to find the explanation. It is all summed up in the attitude adopted by President Kiir and his loyalists from Bahr Ghazal who openly campaign for a tribal expansionism and hegemony as if the other 63 nationalities in South Sudan do not count. 

Can anyone justify how the president went ahead and recruited a private army from his own tribesmen? Fine, there is the fundamental fact that there never existed a national army in South Sudan the way it is in other countries. All that were virtually tribal militia regardless of what some apologists may say. These were militias.

Even when seen by the kind of indoctrination each had/has, of which the so-called main stream SPLA is one – everything is tribal. From the time the second civil war broke out in August 1983 South Sudan’s civilian population have never received protection from any of the warring armies – there were dozens of them in the past as they are today and all abused and extorted!

Completely marginalized and downtrodden, the masses have the right and the duty to protect their lives, livelihoods and properties. Going back to war as a last resort, President Kiir’s government and its supporters must understand that there are huge implications that will impact on any future settlement should one be sought later on! 

For a government which refuses to democratically engage the masses in the debate on what type of governance to be adopted in the country, such a government    must go today before tomorrow.

The chances of having a health engagement with the proponents of this incumbent dictatorial regime does not even seem to exist. Not now and not even in the foreseeable future.     For nobody is going to sacrifice their dear life for a cause that both the oppressed and the oppressors are likely to benefit"!

War is not new to our people, but it doesn’t mean that our people find it enjoyable in any way. Each time our people had to fight, the war has always been imposed on them by some lunatic oppressors. For too often the willingness to resolves all issues in an amicable fashion without being aggressive and quick to run out of reasoning and not resort too quickly to physically assaulting your rival is mistakenly considered as being cowardice.

But now that armed struggle, has become the only avenue left by the oppressor for our people, the masses must prepare to reap a reward that is tenfold higher than just “which system of governance", should South Sudan have!   Genuine Federalism is what the people demand today, but tomorrow's solution must guarantee that the oppressors have not only been given a humiliating defeat,   they must be by all means made to denounce any supremacist ideologies the way world has taught the Nazis not to look down on others !

If left unchecked the enemy in Juba is ready to inflict damages of untold proportions on our civilian population. Only an utterly naive person can underestimate this government’s ill intensions. As corrupt and brutal as it is today, this government listens to no advice and wastes no time in doing the wrong things. How could it had gone all the way against the very basics of good governance and pass what essentially is a draconian security bill.

Mind you, with the exception of the dismantled Iraqi regime of late dictator Saddam Hussein’s and it’s replica the National Congress Party (NCP) of indicted Omer al Bashir of Sudan which we proudly broke away from,   no such a security bill exist anywhere in the world !   No wonder at all for with this new security bill the stakes in the country have only gotten higher.

Whatever Kiir Mayardit - Wani Igga - Malong Awan are up to these days goes beyond the mere adoption of the so-called security bill. The government’s unspoken agenda has long time been drawn the “big ruling tribe” and its genocidaire militias. They are preparing themselves for yet another all-out genocide on the other ethnic groups that the regime and its loyalists perceive as none compliant!   This is not rocket science. 

President Kiir and his arch-butcher Paul Malong Awan never needed a flawed security bill in their infamous campaign to exterminate the Nuer nation in December 2013. Then what kind of a crime are the duo preparing the country for this time around, to prompt the hurry in which this largely flawed Security Bill was handled and passed?!! 

You only need to see the urgency with which this bill was forced on the national parliament, and you will know that South Sudan is on a rendezvous with yet another premeditated calamity of untold magnitude! This oppressive bill will only make an already elusive peace even more elusive squandering yet another chance for the much talked about settlement.

Dr Justin Ambago Ramba is a physician, a columnist, a political blogger and a member of the Political Parties Delegation to the IGAD mediated Peace Talks for South Sudan.

The UN Security Council has the power to veto the “rogue IGAD club” and it must do so now!

By Margaret Akulia, Canada

October 16, 2014 (SSNA) -- “African solutions for African problems” the “rogue IGAD club” mouthed off knowing full well what such a bigoted statement conjures. The powerful “race card” that is often abused by Black African hooligans to bully White people into silence and inaction! By making such a racist statement, the “conniving club” was purposeful in “blackmailing” the United Nations Security Council into going along with its unscrupulous perversion of Chapter VI of the Charter of the United Nations. That is why it must now be put to the strictest test of the same Charter and disqualified without further delay.

CHARTER OF THE UNITED NATIONS CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES

ARTICLE 33

1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.

2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

ARTICLE 34

The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.

ARTICLE 35

1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly.

2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 11 and 12.

ARTICLE 36

1. The Security Council may, at any stage of a dispute of the nature referred to in Article 33 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.

2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties.

3. In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court.

ARTICLE 37

1.Should the parties to a dispute of the nature referred to in Article 33 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council.

2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 36 or to recommend such terms of settlement as it may consider appropriate.

ARTICLE 38

Without prejudice to the provisions of Articles 33 to 37, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.

The above is the specific Chapter of the Charter of the United Nations that the “rogue IGAD club” has been perverting to abuse the people of South Sudan and to force itself on them illicitly! Just like Kiir's delinquent and irregularly constituted so-called democratically elected presidency, the role the “rogue IGAD club” arrogated to itself hurriedly was also improperly constituted which makes its so-called intercessory role as illegitimate as Kiir’s unlawful presidency!

Contravening or causing to be contravened the May 9, 2014 legally binding agreement between Kiir, Machar and their cohorts by standing by as essential stakeholders are prevented from travelling to the so-called South Sudan Peace Talks should have effectively disqualified the “rogue IGAD club”.

Full text: ‘Agreement to Resolve the Crisis in South Sudan’
Politics: UDF chief blocked from traveling to Addis talks
PPLF leader stopped from traveling to S Sudan peace talks
Diplomats ‘concerned’ after S Sudan politicians blocked from traveling to peace talks

There are three parties to the South Sudan dispute, namely all the people of Bahr el Ghazal, all the people of Equatoria and all the people of Upper Nile. Two of the parties to the dispute have predominantly elected the use of force to settle the bloody conflict while the people of Equatoria as a third party to the dispute have predominantly elected the use of dialogue. However, the “conniving IGAD club” has tacitly excluded this third party from participating in the solution to the South Sudan carnage which exclusion has become an imminent threat to the international peace and security that the Charter of the United Nations seeks to pre-empt because by the “conniving club”’s inferred approval of lawlessness and reward for violence, “the club” is “encouraging” the people of Equatoria to take up arms!

After the “conniving club” was “stripped naked” before the whole world, the United Nations Security Council should have vetoed its dishonest role immediately because no amount of covering will obliterate the “scheming club”'s collusion with Kiir's genocidal so-called democratically elected presidency. That is why the club’s lame attempt to hide from the world's “prying eyes” and representatives of the global community by fleeing to the lakeside city of Bahir Dar backfired and confirmed it as the most “incompetent” regional agency or arrangement” of all time! Consequently, the club’s treacherous debauchery “African solutions for African problems” that is often yapped while holding guns to their citizens' heads must now be put to the strictest test of the Charter of the United Nations. 

https://radiotamazuj.org/en/article/s-sudan-peace-talks-transferred-bahir-dar

The Statute of the International Court of Justice which is dragging President Uhuru Kenyatta to court for alleged crimes against humanity is an integral part of the Charter of the United Nations and the same Statute ought to be applied to perpetrators of crimes against humanity in South Sudan so that the suffering masses of South Sudan can be vindicated, especially unarmed civilians,children and the vulnerablewomen referred to in the gut wrenching article titled “UN envoy urges S. Sudan’s warring parties to end sexual violence”. Shame on the barbarians who prey on women and children! Shame on the Black African hooligans rebuked by Archbishop Desmond Tutu in the article titled “African Union leaders accuse ICC of discrimination”. If President Uhuru Kenyatta can be summoned to appear before the International Criminal Court, so can Kiir who must be stripped of the unlawful and perverted presidency he is using to abuse and orchestrate murder and sexual violence in South Sudan.

UN envoy urges S. Sudan’s warring parties to end sexual violence
African Union leaders accuse ICC of discrimination

Kiir's so-called democratically elected presidency has been illegitimate all along making the persistent “barking” and “duping” referred to in Elhag Paul’s article titled “The construction of future conflict in South Sudan” as idiotic as the makers of those twisted noises. It is now time to put this so-called democratically elected presidency to the strictest test of the law and let it collapse legally.  South Sudan is full of brilliant people but the idiotic noise makers hijacked the country and shamelessly shattered a people's dream through barbarism. They jutted the wrong image of South Sudan for decades and “allowed” the “conniving IGAD club” to abuse the people of South Sudan that is why they are unfit to negotiate on behalf of the people of South Sudan. They must now be stopped legally so that the people of South Sudan can be protected from satanic agendas and activities.

The construction of future conflict in South Sudan

Enough of the self-entitlement to South Sudan because the country belongs to the people of South Sudan and not anyone else! Enough of the “rogue IGAD club”'s bullying and self importance in playing God with a sovereign nation and its people. Enough of the perilous hooliganism that keeps dragging the so-called South Sudan Peace Talks and protracting the people’s suffering!

 South Sudan peace talks not expected to resume on time

The people of South Sudan are very capable of resolving the country's dispute without guns. However, the SPLM needs to take its “blood soaked hands” off the “steering wheel” and the “rogue IGAD club” needs to stop “patching” a blood stained party. Let the people drive the country's agenda without a bunch of blood sucking “vampires” running around with guns or actively participating in crimes against humanity. It is the way of the democracy people gone before us sacrificed their lives for; a way that did not come cheap because it was paid for with human blood. Stop defiling the memories of the martyrs or incur the wrath of God!

South Sudan has caring, responsible, and knowledgeable people who will make the right decisions about its well being and welfare. The people of South Sudan and their friends are waiting to build a model state, beginning with the initially agreed principle and arrangement of bringing all the people (stakeholders) together to deliberate on a way out including discussions on concerns raised and solutions offered by international friends who are being maligned by Kiir and his lawless cronies.

Full text: ‘Agreement to Resolve the Crisis in South Sudan’
Friends of South Sudan” Warned Of Serious Consequences If ‘Significant Changes And Reform’ Are Not Made
Canada calls for ‘accountability’ in South Sudan, not just peace
“U.S. Policy on Sudan and South Sudan: The Way Forward, by Donald Booth, US Special Envoy for Sudan and South Sudan” to the Atlantic Council –Washington, DC 9 October 2014.
Makuei Lueth: US, UK and Norway wants a regime change in South Sudan

The United Nations Security Council must immediately take steps to veto the “rogue IGAD club” from continuing to parade itself as the only regional agency or arrangement, or other peaceful means for resolving the South Sudan carnage. The world agency cannot continue to stand by after it has become blatantly obvious that the “conniving club” has been wilfully colluding with a genocidal so-called democratically elected President to pursue agendas that are harmful to the people of South Sudan! It needs to re-orient itself to the original object of the Charter of the United Nations for the sake of our world!

Enough of the abuse that has reduced the world body to a full-fledged prison management agency elsewhere and in South Sudan as outlined in Elhag Paul’s article titled The UN’S conversion into a prison management agency in South Sudan”. There is no excuse for such “collusion” with Kiir’s genocidal government and it is time the United Nations Security Council examine its own role in violating the Charter of the United Nations.  “Allowing” the “rogue IGAD club” to continue mouthing “African solutions for African problems” while feigning “incompetence” and “dysfunction” to advance injurious agendas to the people of South Sudan is in itself a crime against humanity.

The UN’S conversion into a prison management agency in South Sudan

The protracted war in South Sudan would have ended a long time ago and the suffering masses of South Sudan would have obtained restitution by now had it not been for the premeditated “dysfunction” and “incompetence” by the self appointed so-called mediators of the South Sudan carnage. Kiir and his cronies have lost the rights and privileges of membership in the United Nations and they cannot claim immunity from prosecution by the International Criminal Court. The “rogue IGAD club” can and should be vetoed by the United Nations Security Council so that the three parties to the South Sudan dispute, namely all the people of Bahr el Ghazal, all the people of Equatoria and all the people of Upper Nile can “seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice” not a mixed-up self-established conniving “cartel”!

Aluta Continua.

CHARTER OF THE UNITED NATIONS

Margaret Akulia is co-author of the sequel Idi Amin: Hero or Villain? His son Jaffar Amin and other people speak. She brings to the South Sudan dialogue a multidisciplinary professional background including but not limited to “grassroots activism”. Additional information at: https://travellinglearningcircles.com/Save_South_Sudan.html AND http://www.savesouthsudan.com/home.html

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