Time to refer president Kiir and the Oyee machine to ICC
Jun. 04 Politics 8 comments     

BY: ELHAG PAUL, South Sudan, JUN/04/2013, SSN;

We have shouted and shouted and shouted to the authorities in Juba
about the state of lawlessness and SPLM Oyee terror in the country
only for these cries to fall on deaf ears. The Atenys and Mangoks
fully aware of their tribal crimes zipped their mouths initially and
hypocritically set out to demonise others as Jieng haters, Nygats etc.
What they did not know is that keeping quiet about heinous crimes
committed by their tribes-mates make them equally culpable which means
they are not different from the perpetrators of these atrocities.

In ‘Dirty Game’ published by Sudan Tribune on 28th May 2013, Zachariah
Mangok Biar spills out the beans on SPLM Oyee pre-meditated crimes.
People in the country have long suspected that the state of
lawlessness in the country may be down to the rulers’ plans to
destabilise the other social groups in order for them to establish
themselves as the elites in the country. In a sense those who have
been shouting are now vindicated. We have time and again asserted that
the Oyee party is a tribal organisation serving interest of a
particular tribe in South Sudan.

We have also time and again asserted that this party is a criminal
organisation similar to the Khmer Rouge in Cambodia and any decent
person who values herself/himself has no business mingling with
thieves, thugs and murders in membership. Please see ‘SPLM brutality
will destroy us all’ http://allafrica.com/stories/201210150055.html
and ‘Republic of South Sudan – a rotten society mismanaging itself
into self destruction’ http://allafrica.com/stories/201303070023.html

Being a member of the SPLM Oyee party eventually taints you beyond
cleansing. Take note, once you are tainted, always tainted.
Nevertheless if you quit now you may just salvage yourself and also
help South Sudan free itself from the yoke of SPLM Oyee.

The lawlessness tearing South Sudan to pieces is unprecedented in its
history. South Sudanese people have until 1983 been law abiding and
humane. Even during the half a century wars of liberation with the
Arabs there was reasonable security in all the government held areas.
Seldom did murders take place save occasional politically motivated
massacres carried out by Sudan government’s troops usually triggered
by defeats in the theatre of operations.

For example, the Juba, Wau and Malakal carnages of 1965 and the Juba
massacre of 1992. The police then to a certain extent was a force for
good in terms of maintaining law and order. It is important to note
that the police force in South Sudan at that time was not under tribal
control in its entirety as now.

The current problem of insecurity in South Sudan was sown in 1983 with
the inception of SPLM. As I argued elsewhere Dr John Garang introduced
a new culture of killing with his tribally dominated organisation.
Unfortunately the majority of the people who lost their lives in the
hands of SPLA during the war were South Sudanese. Since the
perpetrators of this heinous crime are members of the dominant tribe,
the leadership deliberately ignored accountability. This tacit
unspoken policy became a vehicle for looting, murders, general
lawlessness and self enrichment by the tribal thugs in the so called
liberated areas.

As theorised in social theory the lack of accountability meant that
all the members of SPLM/A were exposed to approved horrendous crimes.
The impact of this was that the SPLM membership got socialised via
observation and imitation of the actions of the tribal thugs to a
culture of violence with impunity. This is the mechanism by which
brutality was normalised by SPLM/A in South Sudan.

In ‘The Politics of Liberation in South Sudan: Insider’s View’ Peter
Adwok Nyaba illuminates this point by referring to the wrangle within
the leadership of the movement at the time by writing, “Much of the
movement’s leadership energy was absorbed in ensuring personal
survival and hatching of conspiracies to elbow out of the movement
those recalcitrant officers like Kerubino and Arok Thon.

The negative impact of such a situation in the leadership on the
development of the SPLM/A and the conduct of the war can not be
overemphasised. For instance, to have allowed them to commit as many
personal mistakes as possible in order to remove them from command was
something that weighed down on the morale of the troops and the civil
population because the damage was already done.

Some of the senior officers committed outrageous and horrendous crimes
with impunity. They looted, raped, murdered without being made
answerable for those crimes. These crimes were also emulated by the
officers and soldiers at the front for which there was moral
obligation on the part of SPLM/A leadership, to punish those junior
officers and men.” So the construction of Oyee itself was on a bed
rock of crime.

With the signing of the Comprehensive Peace Agreement (CPA) in 2005,
the normalisation of crime and the impunity in the bush accorded to
the tribal thugs got transferred into the newly formed government of
South Sudan (GOSS). Hence, the overt milking of the people’s resources
with impunity and the persistent insecurity in the country. This SPLM
Oyee government of thugs and terror has no intention to address the
problem of instability in the country because they know that they are
the very people responsible for these ills.

These people (rulers) are fortune hunters. They went to the bush for
personal gains as opposed to nationalistic duty. The overwhelming
majority of the SPLM Oyee machine was motivated by crimes for personal
gain rather than pursuance of a political objective. The project of
‘New Sudan’ belonged to Dr John Garang only. The vast membership did
not subscribe to it because they had their own agenda. Some for the
independence of the south and others for personal advancement. This
second group soon became the majority.

With the death of Dr Garang the ideology of New Sudan perished with
him and arguably since then SPLM Oyee has been running on empty
ideologically. The vacuum created by lack of political ideology due to
the demise of Dr Garang was swiftly taken over fully by criminal
values and practice. All the more, the reason why RSS is now a den of
criminals from all over Africa.

SPLM Oyee due to its negative indoctrination see power only as
emanating from the gun and violence. This is rooted in Dr Garang’s
doctrine: Kalasinkob (Kalashinkov) da abuk, wa aumak, wa inta bakul
fogu” meaning the AK47 gun is your father, your mother, your source of
food etc. This believe is contrary to the democratic norm that true
power is derived from the people through consent. Only politically
aware leaders with a commitment to the betterment of their people can
make a difference. This kind of thinking and reality is wholly absent
in SPLM Oyee.

Had RSS had such leaders and not “idiots ……..rotten to the core”, a
huge difference would have been achieved in terms of improvement in
health, education, housing, food production etc. But what do we have
now? Thieves for multimillionaires, unplanned residential areas dotted
with villas around Juba, high mortality rate both in infants and
adults, zero health service, zero education service, zero food
production, zero security, daily unexplained murders. For how long
should this tyranny by the few and abuse of state power by tribal
criminals be allowed? This is a question that the people of South
Sudan must answer for themselves.

As SPLM Oyee’s accession to power in RSS to a large extend was
facilitated by the international community especially given the fact
that the CPA excluded vital section of South Sudanese with opposing
views to SPLM from participating in the process thereby granting Oyee
total monopoly, they now have a chance to remedy this situation for a
better RSS.

For the international community to be true friends of RSS in light of
Zachariah Mangok Biar’s revelations they must look the Oyee terror
machine in the eye and tell them their behaviour is unacceptable.

The failure to comply with international Human rights law by president
Kiir’s GOSS, calls for Kiir to be held to account for his abject abuse
of human rights as the head of state for South Sudan.

The international Community’s refusal to accept their responsibility
for this riotous government’s abusive actions also makes the
international community complicit in the abuse of the South Sudanese
people by GOSS. We, the South Sudanese people need to be alerted to
the fact that we are the only ones with a vested interest in seeing
the current government go. It is us who need to push for Kiir to be
indicted for his grave crimes against humanity. Therefore let us be
instruments in our country’s future instead of being passive
bystanders and let us call for an international arrest warrant for
president Kiir.

Since 2005 these rights have been violated at will by the tribal
agents of the state. On the right to life there have been numerous
heinous crimes committed in South Sudan without any accountability and
this according to Zachariah Mangok Biar is down to the government. For
instance, the shooting of police officers in Yambio, the shooting of a
doctor in Yei, the assassination of Isaiah Abrahams, the killing of
Ethiopian doctor in Malakia, the slaughter of Banyjioth Matoat Tap,
the killings at Kemiru, the massacre in Wau, the massacre in Lorema,
the disappearance of John Lewis and many many others.

On the right of liberty, there are many people languishing in filthy
run down jails on tramped up charges and hear-say for years without
being formally charged. For instance, George Tang, Simon Gatwech,
Peter Sule etc.

On the right of property, indigenous people of Nimule are being
dispossessed of their land by the tribal gangs with support of the
government. This is replicated in Chollo land and many areas in the
country.

The US Human Rights reports covering South Sudan since 2005 and others
show clearly that crimes in South Sudan are not solved. In a nut shell
GOSS is run by criminals who are responsible for these crimes and
depriving the victims of justice as well as failing to protect the
citizens of South Sudan.

Now that we the people of South Sudan are not able to obtain redress
to these injustices the only avenue available is through the
International Criminal Court as mentioned above. The crimes of SPLM
Oyee in the country fall under Article 7, Crimes against Humanity.
What is needed to activate investigation by the prosecutor is a
referral. The international community can now do that if they are
serious about the deteriorating situation in South Sudan.

There is a compelling case for the friends of the South Sudanese
people in the international community to refer president Kiir and his
acolytes to ICC or at least to pressurise GOSS to initiate a national
conference involving all the political parties, armed groups, civil
society groups, women groups and youth groups to discuss the
deteriorating situation in the country with an objective of forming a
credible government.

Or, they should pressure president Kiir to call for elections now for
the people of South Sudan to choose the next government. It makes
sense for the bleak situation in the country to be addressed now to
avert a more serious problem in the not too distant future.

The international community is known to tolerate abusers who advance
their interest under the “Strongman Syndrome”. For instance, Gen.
Augustine Pinochet of Chile, Gen. Sadam Hussein of Iraq, Mobutu Seseko
of Zaire, Gen. Jaafar Nimeri of Sudan etc. It is hoped that the
mollycoddling of Juba as evidenced by Ms Hilda Johnson’s indifference
to the abuses of GOSS is not based on this short sighted policy. A
policy that portrays the international community as friend of the
abusive dictators and enemy of the people.

The truth be said the Strongman Syndrome is an imperialistic policy
where individual dictators carry out the will of the imperial powers
who in turn shield them from accountability.

This policy contradicts the Western claim to promotion of the ideals
of the enlightenment enshrined in their constitutions. As believers of
the enlightenment ideals they need to support democracy and human
rights. Thugs and criminals pretending to be statesmen should not be
condoned in this 21st century. However, the onus is upon the African
people to reject the abuse of state power by African leaders.

SPLM Oyee is a tribal terror machine as evidenced by Zachariah Mangok
Biar’s revelations and it needs to be held to account. The
international community should consider pressurising Juba to accept
the proposal put forward in this article. If president Kiir refuses
then the international community through the UN should make a referral
to ICC on the grounds of all the reports of the various domestic and
international agencies buttressed by Zachariah Mangok Biar’s
revelation.

The impunity in Juba is a government thing and as the citizens can not
get redress, the friends of South Sudanese people in the international
community need to intervene by making a referral to ICC as soon as
possible. As for the people of South Sudan they need to take
responsibility by organising straight away and using ‘Article 15 –
Prosecutor’ of ICC statute to raise an electronic referral to Madam
Fatou Bensouda, the prosecutor of ICC to open an inquiry on all the
unsolved crimes in the Republic of South Sudan.

It is time for President Kiir and the Oyee machine to account.

[Truth hurts but it is also liberating]

Elhag Paul
[email protected]

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