By Gordon Buay*

September 7, 2010 (SSNA) -- Anybody who read Dr. Peter Adwok Nyaba’s book, “The Politics of Liberation in South Sudan: An insider View” would admire his intellect, clarity and openness. Dr. Adwok is known to some as an outspoken intellectual who cannot tolerate injustice or mistreatment of anybody. There are individuals from his generation who envy his radicalism and truth telling. However, the South Sudan younger generation always looks for people like him to quench their thirst for justice.

As somebody from younger generation who is always thirsty for justice and respect for constitutional rights of individuals, I was disturbed few months ago to see somebody in a caliber of Uncle Adwok Nyaba supporting injustice. In his response to Dr. Peter Adwok Otto, Uncle Adwok Nyaba concluded his article stating that “the SPLM-DC is undergoing de-legitimization and may soon be outlawed in Southern Sudan”. As somebody from Upper Nile State who is familiar with his political stances, I thought he was joking when I read his article arguing that SPLM-DC, a party that is legally registered, would be “soon outlawed”. I expected Uncle Adwok to intellectually defend such a statement because de-legitimizing a legally registered party requires adherence to rule of law.

The fundamental argument of Uncle Adwok Nyaba in his response entitled “Response to Dr. Peter Adwok Otto’s Scourge earth war on Chollo people” is that the SPLM-DC is not any longer a legitimate political organization. He supported his argument alleging that SPLM-DC has a militia army in Chollo Kingdom that is engaged in fighting the SPLA army and the GOSS. He further alleged in his response that the militias were fighting the SPLA because Dr. Lam Akol lost April election and were determined to punish the Chollo. Uncle Adwok wrote: “If the SPLM-DC decided to declare war on the Government of Southern Sudan because its Chairperson was defeated in the presidential race then it is up to the Chollo intellectuals, who are now very vocal about what is going on, and civil population make a clear cut decision whether or not the SPLM-DC war is a cause worth dying for”.

Uncle Adwok posed a question, “What bad thing did the Chollo people do to Dr. Lam to deserve such treatment?”   It could be inferred from this question that Uncle Adwok believes that the ongoing conflict in Chollo Kingdom is a work of Lam Akol to punish the Chollo people. If such a questioned is analyzed objectively, one may wonder how Lam Akol would punish a community that elected members of SPLM-DC in the last April election. All Chollo Kindom seats to South Sudan parliament, Upper Nile State parliament and National Assembly in Khartoum were taken by the candidates of SPLM-DC. Common sense has it that Lam Akol cannot punish a community that brought honor to a party he leads. The parliamentarians who represent Lam Akol’s party in South Sudan Legislative Assembly (SSLA) are from Chollo Kingdom.

The political enmity between Uncle Adwok and Dr. Lam Akol is something that dated back to 1990s and does not need anyone to revisit it because it has become chronic that any South Sudanese can detect it without much mental work. One may not be surprised if both elders are seen in public accusing themselves. However, what disturbed me in particular is the opinion Uncle Adwok Nyaba put forth that the SPLM-DC is “undergoing de-legitimization and may soon be outlawed in Southern Sudan”. I was expecting gunmen like Col. Malaak Ayuen and Lt. Gen. Kuol Deim Kuol to say that because they have no experience in upholding democratic principles. I couldn’t believe that an intellectual in the caliber of Uncle Adwok would come up with such an opinion. Somebody who read “The Politics of Liberation in South Sudan: An insider View” would have difficulty concluding that it was indeed Dr. Peter Adwok Nyaba who came up with that opinion. One thing is that Uncle Adwok Nyaba argued in the book that lack of respect for human rights and the rule of law were reasons for the 1991 split and moral bankruptcy of SPLM/A in the 1980s.

One of the arguments Uncle Adwok put forth in his response to Dr. Peter Adwok Otto is that a political organization could be outlawed even if registered on the ground that it formed a militia group fighting a legitimate government. Anybody familiar with theories of state-making and state-building knows that it is only the state that should have monopoly over the use of force. There is no disagreement that a political party can be de-legitimized if it acted outside the law. However, there are prerequisite legal conditions that have to be met to justify de-legitimization of a political party legally registered.

The question to be posed is whether the SPLM-DC formed a militia group fighting the SPLA in Upper Nile State. The answer to this question is legally pertinent because Uncle Adwok did not tell his readers whether a constitutional right of a political party can be taken away arbitrarily or via legal process that has to prove the crime committed by the party beyond reasonable doubt. If a registered political party can be de-legitimized without due process as required by legal principles, common sense has it that such a de-legitimation would violate core principles of the Interim Constitution of Sudan. I don’t need to quote provisions of the Constitution here because people with average education should be expected to read the constitution and know the constitutional principles giving political parties the right to exist. An intellectual like Uncle Adwok could be expected to know that if constitutional rights are to be denied, the de-legitimization has to be justified based on the principles of the rule of law.

Unfortunately, the GOSS attempted de-legitimization a kin to Dr. Adwok’s opinion without adhering to the rule of law when the former Minister of Legal Affairs and Constitutional Development advised the Speaker of South Sudan Legislative Assembly to lift the immunity of the members of SPLM-DC in the SSLA. The letter of H.E. Michael Makuei Lueth addressed to the Speaker of the Assembly stated that he acted on the request of the Minister of Interior and Internal Affairs of the Government of Southern Sudan (GOSS) in relation to the case of the slain Paramount Chief of Panyikang on the 22nd of May. The people of South Sudan were concerned how H.E. Michael Makuei would accept the request of Lt. Gen. Gier Chuang Aluong without proper legal scrutiny.

I want to clarify to the readers that I don’t have evidence to prove that Dr. Adwok Nyaba directly advised either the Minister of Interior or the Minister of Legal Affairs to lift the immunity of four SPLM-DC members of SSLA. But the actions of both ministers are reminiscent of Uncle Adwok’s opinion of de-legitimization of SPLM-DC. First, the lifting of immunity was politically motivated because both the Speaker of Parliament and H.E. Michael Makuei Lueth paid no regard to due process. From legal point of view, four members of parliament, who came from different counties of Chollo Kingdom, could not be generalized as suspects without evidentiary establishment that they were the persons who killed Chief Oyath. Second, there was neither eye witness nor suspect who identified the four parliamentarians let alone the fact that at the time of the murder they were in Juba. After they were detained, there were no legal charges brought against them because there was no real evidence linking them to the killing.

During the process of attempted de-legitimization, the Speaker, Wani Igga, said that a judge in Upper Nile State wrote a letter requesting the immunity to be lifted. However, his statement was later found to be untrue. The Upper Nile State Judiciary refused backing up false charges that were politically motivated. The investigation collapsed with lack of evidence and the four MPs were later released by the order of a new Minister of Legal Affairs, H.E. John Luk Joak. People are wondering how the Minister of Interior and the former Minister of legal affairs would request the lifting of immunity without proper evidence. The only explanation is that they were politically motivated to further the aim of de-legitimization of the SPLM-DC. It is rumored that Hon. Michael Makuei Lueth has intense dislike of Lam Akol that could override his adherence to due process. In regard to Wani Igga’s unfounded statement that a judge in Upper Nile State wrote a letter, the Speaker could have been impeached for lying had the SSLA been composed of ethical members who take morality seriously.

It is now clear that the rule of law has defeated opinions calling for de-legitimization after the four SPLM-DC members of parliament were reinstated and resumed their duties as legitimate members of parliament. The people of South Sudan should thank H.E. John Luk Joak who rose above political differences to protect the rule of law and democracy. The importance of democracy is expressed by nobody other than Hon. Onyoti Adigo Nyikwec, a member of SPLM-DC in the SSLA who happily said that “it is the first time in the history of southern Sudan to have the leader of the opposition in the parliament”.

In contrast to Uncle Adwok’s opinion, the SPLM-DC is now regarded by the SPLM party as a legitimate opposition party. The dream of de-legitimization Uncle Adwok Nyaba alluded to is now treated as power struggle among Chollo politicians. The April election has brought a new dispensation in Upper Nile State politics that even those who originally assumed to be popular have realized their unpopularity among the current generation that yearns for justice and democracy.

If Uncle Adwok Nyaba knows that “democracy as a system of governance is built by the political forces in a particular country” as he stated in his article, “Democracy, multi-party democracy and the debate”, one may wonder how he came up with an idea of de-legitimization of SPLM-DC without due process. Multiparty system, as experience attests, cannot augur well with de-legitimization policy that was carried out by Lt. Gen. Gier Chuang Aluong and Hon. Michael Makuei Lueth. For multiparty democracy to flourish, experience advises that democratization does require a mechanism of the rule of law that should govern the interaction between political forces. The existence of the rule of law framework is the one to create the basic conditions in which different political parties should peacefully compete for the control of the state. If the ruling party could de-legitimize opposition parties without due process, it is irrational to justify de-legitimization policy in the name of restoring law and order.

In conclusion, the people of South Sudan should emulate H.E. John Luk Joak to guard the constitutional order that permits multiparty system in South Sudan. The politics of de-legitimization can be supported by people whose objective is to establish dictatorship. Democratic principles require the government to adhere to due process to de-legitimize any political party. De-legitimizing a party because of hatred or political differences violates constitutional principles that permit multiparty democracy. The people of South Sudan should pray that Uncle Adwok’s adherence to democratic principles would override his personal dislike of Lam Akol so that the people of South Sudan will outlaw de-legitimization policy to build a prosperous and democratic state after 2011 referendum vote.

* The author is a former Secretary General of South Sudan Democratic Front (SSDF) and a signatory of Washington Declaration between the SPLM and SSDF in 2008.

By Joel Brinkley - GlobalPost

PALO ALTO, Calif. — Shortly after taking office, President Barack Obama named a host of special envoys to regions, organizations and trouble spots around the world.

Some were of the appointments were high-profile, like former Sen. George Mitchell, who is now special envoy to the Middle East. Others were practically invisible, like Rashad Hussain, now special envoy to the Organization of the Islamic Conference.

But as tenuous Middle East peace talks begin in Washington, and as the situation in Afghanistan, the province of special envoy Richard Holbrooke, plummets from bad to worse, now is a good time to ask: Are these special envoys doing much good?

The evidence suggests that many are causing more problems than they are solving.

Holbrooke, a former senior State Department official, has a long, laudable history as a diplomat. But it’s hard to see what he has accomplished in the Afghan cauldron. The truth is, he is best known for getting in the way. Afghanistan already has two high-profile representatives of Washington, Ambassador Karl Eikenberry and Gen. David Petraeus, the military commander. 

Holbrooke stops by now and then, demanding attention — and leaving Afghan officials totally confused about who really speaks for the president. Show me the benefit in that.

Mitchell performed yeoman’s work shuttling between Jerusalem and Ramallah, moderating the indirect, so-called proximity talks since last May. But by all accounts, he made little if any progress. A problem this large, this old, requires the attention of the president, or at least the secretary of state. That’s what is underway now.

Stephen Bosworth, special envoy for North Korea, has presided over a second nuclear weapons test, the sinking of a South Korean warship and continued threats and bluster from Pyongyang. Mr. Bosworth, tell me what you have accomplished?

Part of the problem is that every one of these countries already has an American ambassador, or at least a charges d’affaires. Aren’t they supposed to be the ones who work with government leaders? Who, exactly, is speaking for Washington — the ambassador who lives there, or the special envoy who makes irregular visits? For the leader of any government, all of that is bound to be confusing.

All of these problems come together in Sudan, where special envoy Scott Gration is quite obviously making things worse. He’s the one who declared in July that the International Criminal Court’s genocide indictment of Sudanese President Omar al-Bashir “will make my mission more difficult.”

Oh, I’m so sorry, Mr. Gration, that the indictment of a man with the blood of 2.3 million people on his hands has inconvenienced you. Susan Rice, the U.S. ambassador to the United Nations, rebuked Gration the next day.

“The United States stands firmly behind justice and accountability for war crimes, genocide, crimes against humanity, in Darfur and elsewhere,” she said.

Gration is a villain in the eyes of many non-governmental organizations and others. On Sept. 1, the Sudan Tribune newspaper called him “disastrously incompetent.”

The genocide indictment upset him because he successfully pushed the idea that the best way to solve the manifold human-rights problems in Sudan is to work with Bashir and his government. He convinced Secretary of State Hillary Clinton of this — against the adamant opposition of Rice, whose knowledge of Sudan far surpasses Gration’s or Clinton’s.

By Andrew Heavens

KHARTOUM, Sept 7 (Reuters) - South Sudan's army said on Tuesday it planned to buy its first transport helicopters in the near future and hoped to build up a full air force if southerners chose independence in a looming referendum.

North Sudan's army, which fought the south in a decades-long civil war, told Reuters the southern helicopter purchase would be seen as a "threat" and a violation of the 2005 peace deal that ended the conflict.

The statements will raise concerns among analysts who have warned that both north and south Sudan's armies have been re-arming in the build-up to the politically charged referendum, due in January 2011, and that there is a risk of a return to conflict between the former civil war foes.

Southerners were promised a vote on whether to secede in the 2005 Comprehensive Peace Agreement that ended Africa's longest civil war, a conflict which killed 2 million people, drove 4 million from their homes and destabilised the whole region.

Relations between both sides have remained troubled and southern leaders have accused Khartoum of trying to disrupt the vote to keep control of the south's oil reserves.

"In the very near future, we want to buy transport helicopters so that we are able to supply our forces during the rainy season. The terrain is very difficult in south Sudan," said southern army (SPLA) spokesman Kuol Deim Kuol.

He dismissed as "a great lie" reports in Sudanese state media and other outlets that the south had already placed an order for 10 helicopters from a Russian supplier. Kuol added the south had the right to modernise its former guerrilla force.

SPLA chief of staff James Hoth told Reuters the southern army had set out plans for an air force as far back as 2007 and would carry them out if southerners chose independence.

"Yes we are planning, but not now ... If the vote is for unity, we will share the national air force. If there is a vote for separation we will build up our own aircraft."

A spokesman for the northern Sudan Armed Forces (SAF) said the south had already placed the helicopter order.

"This is a clear violation of the peace deal and also it is a threat ... This is a violation because the government of south Sudan is an internal government and has no right to have separate international relations. It is buying helicopters and the contract is in the name of the government of Sudan."

The rules of the north-south peace deal ban either side from replenishing arms or ammunition without the approval of a Joint Defence Board, but analysts say that is being flouted.

The northern spokesman added the SPLA had no mandate in the 2005 accord to arm itself with an air force, but it could do what it wanted if the south split away after the referendum.

Separately, the SPLA said Uganda's brutal Lord's Resistance Army rebels killed eight people in a night-time raid on a village near Yambio, capital of south Sudan's remote Western Equatoria State, on Saturday.

"They assembled these people in one place and started chopping their heads with their machetes. It is part of Khartoum's policy of terrorising people," said Kuol.

Khartoum regularly denies southern accusations that it is backing the LRA and other militias to destabilise the region. (Additional reporting by Opheera McDoom; Editing by Giles Elgood)

JUBA (AFP) – South Sudan?s parliament on Tuesday named as official leader of the opposition a member of the breakaway Sudan People?s Liberation Movement-Democratic Change, an offshoot from the ruling SPLM party.

Onyoti Adigo Nyikwec was nominated as leader of the largest opposition party in the legislative assembly of the semi-autonomous south, which is preparing for a referendum due in January that many in the south believe will see Africa?s largest nation split in two.

"It is the first time in the history of southern Sudan to have the leader of the opposition in the parliament," said Nyikwec in his acceptance speech, one of four SPLM-DC parliamentarians in the 170-seat house.

"This is the real democracy which has been guiding the principles we fought for for so many years," he said.

SPLM-DC party leader Lam Akol, a former foreign minister, was the only challenger to south Sudanese President Salva Kiir in April's elections.

Akol defected during Sudan?s 22-year civil war between the southern rebels and the government in Khartoum, and formed the SPLM-DC last year.

His breakaway group has been accused of working to undermine the upcoming referendum, and many ruling party members had rejected the SPLM-DC as a legitimate party.

Following their election in April, the four SPLM-DC members had their parliamentary immunity temporarily suspended during investigations into alleged connections to militia groups and the murder of a tribal elder -- charges that were later dropped.

The new opposition leader said he backed independence, and called on southerners to work together to ensure the referendum happens smoothly.

"The referendum needs us to unite all our ranks together, so that we go to the referendum united as the people of southern Sudan for the independence of southern Sudan," Nyikwec said, to loud applause from the parliament.

The referendum is a key provision of the 2005 peace deal that ended the south's 22-year civil war with the north, during which about two million people were killed in a conflict fuelled by religion, ethnicity, ideology and natural resources, including oil.

The opposition position is the fourth highest in terms of protocol within the parliament, after the south?s president, vice-president and parliamentary speaker, said James Wani Igga, the assembly's speaker.

In July, southern soldiers killed seven people in the Upper Nile state -- a key support base for Akol -- who the military said were SPLM-DC militiamen. Several soldiers were wounded.

Shortly after key SPLM-DC figures including the deputy secretary general defected to the ruling SPLM party.

Akol has repeatedly denied accusations his party has a military wing.

Egypt's general prosecutor stated on Monday he had referred 11 officials from the Culture Ministry to a Cairo court to be charged with negligence that led to the theft of a Van Gogh painting worth an estimated $55 million. The painting, known as "Poppy Flower", was stolen last month from the Egyptian capital's Mahmoud Khalil Museum.

The prosecutor referred the officials to a court in Dokki, the central Cairo neighbourhood where the museum is located, he said, according to Reuters. The court's first session is scheduled for September 14.

An initial investigation of the theft indicated "flagrant shortcomings" in security, state media said. - albawaba

MUNDRI, Sudan—Earlier this week, I flew to Mundri, in the fertile green state of Western Equatoria, to attend the United Nations Mission in Sudan’s unveiling of its first “county referendum base.” Per the request of the National Congress Party and the south’s ruling SPLM, the U.N. is upping its support and assistance to the referendum process. Part of this bigger effort is establishing a presence in each of the south’s 79 counties, a step that clearly shows the U.N. will be playing a bigger role in pulling off the southern vote—from a technical and logistical standpoint—than it did in supporting the nationwide elections in April.

The real takeaway, however, from the day trip to Mundri occurred during the speeches given by various southern government officials and by David Gressly, the top U.N. official in the south. Crammed into a sweltering hot white plastic tent, which will become one of the makeshift offices at the county base, these officials had strong messages about the referendum. The Governor of Western Equatoria State Joseph Bakosoro urged—more like ordered—the citizens of his state to “register and vote,” then emphasized that everyone must “vote wisely.” “Let us not repeat any mistakes,” the governor said. “The mistake we [could] repeat will be a final mistake that you will regret all of your life and for the life of your children,” the governor said, subtly recalling history. Meanwhile, the southern government’s minister of cabinet affairs Kosti Manibe said that if the referendum vote didn’t occur on time (on January 9 to be exact), then the south would have to opt for a “plan B.” The minister didn’t go into the details of what this plan would entail. 

Finally, as if to reassure the crowd, the U.N.’s Gressly begin his address by announcing that “the referendum is real.” In other words, the U.N. is preparing for Plan A. Later, while speaking with reporters, Gressly conceded that "there are a lot of decisions pending," but argued that "it would be wrong to do anything but move ahead." The U.N. plans to pitch tents, build fences, and deploy staff to hastily constructed referendum bases in 63 entirely new locations across the south in the coming months.

Stay tuned for more on the U.N.’s expanded effort to help pull off the referendum in time.

Maggie Fick, South Sudan Watch Security

The Commissioner of Rumbek Central County in Lakes State, Matur Majok, has closed Jiir primary school following a fighting between pupils that left a 14-year old student dead. Commissioner Majok said that the incident happened last Wednesday when the primary school pupils were playing football and later ended up fighting.