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
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.
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.
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.
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.
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.
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”.
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.
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.
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.
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!
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.
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 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”!
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