South Sudan: Salva Kiir Regime Is Still Illegitimate ~ SPLM/SPLA-IO!

PRESS RELEASE

ON THE DECREE OF SEVEN (7) NEW STATES AND OTHER VIOLATIONS

Jan 16, 2017(Nyamilepedia) —— In reference to the above subject and the regime’s constant opposition to the peace process, the leadership of the SPLM/SPLA (In Opposition) makes the following statement:

ON THE ADDITION OF STATES

The SPLM/SPLA(IO) categorically condemn the ‘Weekend Decree’ by President Salva Kiir adding seven (7) new states to the already controversial 28 States. This is part of a sustained campaign by the regime in Juba to derail the peace process beyond salvation and in this regard:

• The SPLM/SPLA(IO) calls on the people of South Sudan to be vigilant as President Salva Kiir is only trying to kill federalism by giving the impression that he is for federalism;

• The regime in Juba has failed over ten (10) years to take towns to people within the context of ten (10) states and have failed more miserably within the context of the contentious and divisive 28 States, it logically follows that the addition of seven (7) new states is not the solution;

• This establishment of weak states, without the participation of the civil population in demarcation of local borders and the appointment of their leaders by decree is not federalism, but centralization of the state in disguise and is reminiscent of Nimeri Politics in the old Sudan, it can only lead to more border disputes at the County and Payam levels; and

• The contention of the SPLM/SPLA(IO) is that the ‘system of governance debate’ should be held within the context of a constitutional making process and guaranteed in a political settlement that would first bring an end to the current civil war.

ON THE ILLEGITIMACY OF THE REGIME

It is the contention of the SPLM/SPLA(IO), notwithstanding the fact the regime murdered thousands of its own citizens in cold blood in Juba in 2013, plunging the country into a brutal civil war, in which President Salva Kiir invited foreign forces to fight on his side against his own people; that:

• The President is ruling the people of South Sudan without a mandate, as there have been no elections since independence in 2011 and he is therefore illegitimate;

• The President throughout his tenure has also repeatedly violated the South Sudan Transitional Constitution (which he took an oath to uphold), as in the case of sacking elected Governors and his entire cabinet in 2013; (see: BBC NEWS – South Sudan’s Salva Kiir sacks cabinet – http://www.bbc.com/news/world-africa-23428557);

• The President made no secret about his opposition to peace, which was shown by what he called “reservations”; these reservations would eventually become an obstacle to the implementation of the ARCISS and would subsequently lead to its collapse; (see: BBC NEWS – South Sudan leader Salva Kiir snubs peace deal – http://www.bbc.com/news/world-africa-33957744);

• The President has abrogated the only legal treaty that gives him any legitimacy by directing attacks against the First Vice President of the ARCISS and illegally replacing him with conformist, he has rendered the government illegitimate; (See: Al Jazeera News – UN panel blames South Sudan leaders for Juba violence – http://www.aljazeera.com/news/2016/09/panel-blames-south-sudan-leaders-juba-violence-160909063715494.html); and

• The President and his family have also been implicated in massive looting of public finances, as reported by the Sentry; this makes him (President Salva Kiir) illegitimate and would have faced impeachment in the real world; (see: The Sentry – War Crimes Shouldn’t Pay – http://thesentry.org/reports/warcrimeshouldntpay/).

ON THE WAY FORWARD

The SPLM/SPLA(IO) has been advocating for and are committed to dialogue as the only way to resolve the internal contradictions of South Sudan. The Movement has been committed to dialogue and as a matter of policy, continue to be committed to finding a peaceful resolution to the current civil war. The SPLM/SPLA(IO) has demonstrated this commitment on several occasions, including going to Juba under regional pressure, despite security provisions of the ARCISS being circumvented by the guarantors.

The SPLM/SPLA(IO) believes that ‘our sophisticated weapon’ is not guns and bombs, but our ideas. The idea of the Movement is for peace to return to the Country through the implementation of a negotiated settlement implemented in good faith and in this vein, the SPLM/SPLA(IO) is:

• Committed to a return to dialogue with the ARCISS as the basis for this renewed dialogue;

• The SPLM/SPLA(IO) is committed to: Communique of the 56 Extraordinary Session of the IGAD Council of Ministers on the Situation in South Sudan of 11 July 2016 Nairobi, Kenya; 

• The SPLM/SPLA(IO) is committed to: The outcome of the “Visit of the Chiefs of Defense of IGAD to Juba 14/7/2016”; 

• The SPLM/SPLA(IO) is committed to: Communique of the Heads of State and Government of IGAD Plus on the situation in South Sudan of 16/7/2016, Kigali, Rwanda;

• The SPLM/SPLA(IO) is committed to: Communique of the Second IGAD Plus Extraordinary Summit on the Situation in the Republic of South Sudan of 5/8/2016, Addis Ababa, Ethiopia;

• The SPLM/SPLA(IO) is committed to: Communique of AU Peace Security Council (PSC) 616^th Meeting, Addis Ababa, Ethiopia 11/08/2016; and

• The SPLM/SPLA(IO) is committed to: UN Security Council Resolution No.2304 (2016 of 12/08/2016 on South Sudan, New York, USA.

CONCLUSION

The SPLM/SPLA(IO) would like to reiterate to the people of South Sudan, Africa and the larger International Community, that the Movement is unequivocally committed to a negotiated settlement as the fastest and least costly way to bring about an end to the war and fundamentally change the human condition in the country. The decreeing of more states or calling for a bigoted dialogue will not address the root causes of the conflict that has engulfed the country in the last three (3) years.

The ARCISS has provisions which will address these root causes among the most fundamental being: issues to do with the establishment of a constitution, which is guaranteed in CHAPTER I: TRANSITIONAL GOVERNMENT OF NATIONAL UNITY OF THE REPUBLIC OF SOUTH SUDAN, Article 13, which establishes the National Amendment Committee (NCAC) and even has the whole of CHAPTER VI: PARAMETERS FOR PERMANENT CONSTITUTION dedicated to this; it addresses issue relating to the economy in CHAPTER IV: RESOURCE, ECONOMIC AND FINANCIAL MANAGEMENT; it addresses issues of justice and accountability in Chapter V. TRANSITIONAL JUSTICE, ACCOUNTABLITY, RECONCILIATION AND HEALING and the Movement has gone on record, stating our commitment to the establishment of a Hybrid Court of Justice. The leadership of the SPLM/SPLA(IO) are committed to the cause of liberty and justice and as such do not fear to face justice. The SPLM/SPLA(IO) will not accept any conspiracy aimed at circumventing Justice and Accountability.

The SPLM/SPLA(IO) calls on the regime in Juba and her allies, to abandon their adventurous search for a military solution and return to the peace process.

Signed:

CDE MABIOR GARANG MABIOR (CHAIRMAN)

SPLM NATIONAL COMMITTEE FOR INFORMATION AND PUBLIC RELATIONS

MOBILE OFFICE

WhatsApp: +254 717 293 583(Mabior Garang)

WhatsApp: +254 705 435 658 (Manawa Peter Gatkuoth – Deputy Chairperson)

WhatsApp: +211 956 433 336 (Puok Both – Director of Information and Public Relations)

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