Petition to Remove Honorable Emmanuel Ambrose Ocholimoi as Speaker of Eastern Equatoria State Legislative Assembly (EESLA)

As you might well be aware, Hon. Emmanuel Ambrose Ocholimoi, who is the Speaker of Eastern Equatoria State Legislative Assembly (EESLA), has been involved in a rape case with a legally married wife of a fellow Sudan People’s Liberation Army (SPLA) Officer, Sgt. Major Athagiri James Ohide. The fact of the matter is, as Speaker of EESLA, he has, despite the onus of responsibility placed upon him as a constitutional post-holder, and his awareness of the conditions his victim as an expectant mother, willfully forced her into unwanted sex which, within 48 hours forced the woman to terminate prematurely her four-month pregnancy. More deplorable is the futile efforts by the Speaker, and a battery of his close associates and fixers to have the case concealed from being known to the husband of the victim, or her close relatives, the mental anguish the raped woman had to endure for nearly 20 months (April 2010 to November 2011), notwithstanding.

Because of Speaker’s promiscuous behavior, he had deliberately abused and indeed misused the powers of his office as a constitutional post-holder despite hisawareness of rape as the most intolerable form of violence against women by a person expected to be the principal custodian of the Eastern Equatoria State Legislative Assembly (EESLA) and its statutes.

As an SPLM Party List Member of Parliament (MP), the Speaker has not only gone against the grain of the principles enshrined in the SPLM constitution, but that he has as well desecrated the Constitution of Eastern Equatoria State (EES), to which he is the principal custodian, as well as the South Sudan Constitution, being the highest law of the country.

At the outset, it must be stated here that, gender- based violence is a hydra-headed problem and those that were prevalent in South Sudan includes but not limited to rape, husbands beating their wives, denial of girl-child education, forced and early marriages, and wife inheritance.

In the just concluded 16-day (November 25 to December 10, 2011), Activism Against Violence, a United Nations global campaign dedicated to fight violence against women, Mr. Theodore Rectenwald, the Senior Human Rights Officer at the United Nations Mission in South Sudan (UNMISS), had revealed that, ‘most gender-based violence victims choose to suffer in silence than come forward because of stigma’. His appeal on this occasion highlighted the Bill of Rights, which form an integral part of the Transitional National Constitution of the Republic of South Sudan , 2011. This constitution contains a number of rights, among them, the explicit right to be free from rape, the right to life, dignity and integrity of every person and to have the states taking all possible steps to provide protection against rape victims, because it constitutes a violation of their dignity and sexual integrity.

The same constitution obligates lawmakers and, in thiscase, MPs of Eastern Equatoria State Legislative Assembly (EESLA), and the people of Eastern Equatoria State (EES) to expose without fear or favorin compelling perpetrators of violence against women,including those in authority to account for their unruly behaviors.

The Speaker of EESLA, who raped and sexually abused the wife of an SPLA officer at his EES government– allocated residence/premises, witnessed by the government-employed security guards, cooks and watchman who knew something had gone wrong between the victim and the Speaker when the woman cried for help on being raped by the Speaker, but to no avail. The Speaker cannot therefore escape to account for his beastly exploits and must resign his position, or removed by EESLA members as Speaker of EESLA.

The effects of the rape are quite staggering. The assault on the helpless rape victim in April 2010 had as pointed above, resulted into a rape-induced miscarriage of a 4-month fetus, which in itself is a murder. The assault also exposed the victim to any of the sexually transmitted diseases (STDs), including the deadly HIV, since no protection materials were used during the forced intercourse.

Moreover, the assault on the powerless further inflicted a severe physical and psychological pain on the victim to the extent that she felt ignominiously embarrassed, powerless and disgusted to tell her husband about the incident, for the next nineteen months, since the rape took place. Furthermore, the victim still could not believe, and if it were not for the rape that led her to abort prematurely the lost child would have turned fifteen (15) months old by December 2011. Moreover, the victim is still so scared of the potential threat on her life and the family, including the husband, as well as her marriage.

Nevertheless, in spite of the magnitude of the rape case as terrible form of violence against women, the eerie silence not to reveal the case has been quite disturbing. In particular, the EES Speaker’s frantic efforts to prevent the case from being revealed to the victim’s immediate husband have been unsustainable, to say the least, the mental torture, painful and demeaning experience and suffering in silence that therape victim underwent, notwithstanding.

In fact, much as the rape victim would have wished to inform her husband, or any of her close relatives, the case remained undisclosed until for nearly twenty months (April 2010 to November 2011) since the rape took place. This even made the victim’s husband, when the incident became known to wonder if his wife did not in the first place really consented to have sex with the Speaker rather than a rape.

Actually, the rape victim disclosed, other than the shame she had to undergo because of the obnoxious rape, external pressure has also been building around her so as not to reveal the case. These included threats and intimidation that created a climate of fear,blackmail, and outright manipulation.

Hence, in efforts for rape victim not to reveal the case to her husband, or anybody else for that matter, the EES Speaker has since the rape incident continued to make calls to the victim, urging her not to reveal his name for fear of losing his position as Speaker of Eastern Equatoria State Legislative Assembly (EESLA).Besides his indefensible supplications, the raped woman argued that two groups of people, which included two of Speaker’s close associates (oneCounty Commissioner , and the other a cabinet minister in Easter Equatoria State government) and a group of women, had constantly reminded her not to make any stupid move to break her silence. Instead, she should continue to keep the rape case a secret.

For example, a group of women, probably sent by the Speaker himself, has been busy in making sure the raped woman never let her husband know about what had taken place, citing the dire consequences if it ever was known. Reason being, the consequence could be dire in that her husband may kill the Speaker or vice versa, and that the blame would forever be on her for having brought that about. It was therefore up to her, the women kept on warning, to choose between sufferings in silence, or face the wrath of community ostracism for an anticipated murderer by proxy.

The EES Speaker also used the closeness of his friends to the SPLA soldier as well to his wife, to work tirelessly to make certain the case remained concealed, within the families involved, as soon as the rape incident became public knowledge, at least to the relatives of the victim. The Speaker therefore used EES Minister of Labor, Public Service and Human Resource who hails from the same village as the powerless woman, and the Torit County Commissioner who comes from the same village as the SPLA Officer, as his trusted fixers at concealment.

As expected, each set of the Speaker’s seemingly fixers and advisers made sure the victim was at all times reminded of what would befall either her husband or the Speaker in case of any reckless move from her side. It then followed that, despite the painful ordeal the woman underwent because of the rape and its consequences, the woman struggled to maintain mum and preferred to suffer in silence.

Though the EES Speaker and his close associates strenuously wanted the rape case concealed, the silence was broken. The wife of the Speaker herself, despite the case being a rape, still had other ideas that perhaps relations between her husband and the supposed raped woman might have been consensual. At any rate, details of the revelation of the case would be beyond the scope of this petition, since there is already substantial evidence to that effect. For example, there is a tape that recorded statement of the Speaker’s wife informing the husband of the rape victim, and the traditional rite and rituals, whichinvolved killing of a goat, which the Speaker himself accepted to perform on the family at the family’s residence to acknowledge that he indeed did rape his victim. Suffice it therefore to say that, the wife of the Speaker could no longer bear the pain of her husband’s heinous actions of rape that, among other things, resulted into induced murder; she decided voluntarily to expose the rape incident to the victim’s husband and family by revealing to them the full details of the incident.

The SPLA officer’s reaction to the humiliation of his wife by his colleague, neighbor, and tribesman and, above all, the Speaker of EESLA in whom every familyin Eastern Equatoria State (EES) has entrusted their lives through their representatives was anger and bitterness, so much so that he even contemplated harming the Speaker. It was only because of his good family upbringing and roots, military discipline, respect for the rule of law, that he sought advice of his immediate family members and clan elders on how to deal with the Speaker and go about the matter. To this effect, he received appropriate advice not to use any physical means against the Speaker, but instead move to resolve the matter peacefully, through the due process of the relevant institutions – beginning with the Eastern Equatoria State Legislative Assembly (EESLA).

Whereas the peaceful initiative is still going on and the rape victim is yet to undergo medical checkup to determine her health status, after the obnoxious forced and unprotected sexual intercourse with the Speaker, the moral and constitutional seriousness of the matter remains unresolved.

Therefore, members of EESLA, the most important branch of EES government and a lawmaking body for Eastern Equatoria State (EES), as well as the EES SPLM Chairman, who also is Governor of EES, Mr. Louis Lobong Lojore, therefore, have their work cut inswiftly instituting proceedings aimed at removing Mr.Emmanuel Ambrose Ocholimoi from office, for he hasmisused and abused his constitutional powers and the values and principles of SPLM. These institutions – EESLA and SPLM – have to do the needful, in view of the Bill of rights as enshrined in the United Nations Charter, and as well as the Transitional Constitution of the Republic of South Sudan (TCRSS), with special emphasis on the defense of women rights in general, and rape victims in particular in the Republic of South Sudan (RSS).

Moreover, the defense of the constitution and the Bill of Rights are not the only reasons why EES parliament must remove its Speaker, but because of some of the following.

SPLM controls EESLA, and is the ruling party in EES government. As soon as the rape case came into public attention, attempts by members of EESLA august house to debate the issue in an attempt to pass its decision on its wayward Speaker have all come to naught. The EESLA Speaker already knew what the outcome of debate would result into, not least impeachment. But since the MPs are duty-bound to discuss the issue and probably come up with disciplinary measures befitting the offense, the Speaker instead went on the offensive by beginning tointimidate and harass SPLM members in parliament, warning them not to pursue the rape case, or else they faced dismissal from the party.

Indeed, it has to be reiterated here that, EESLA members must not fear to remove the Speaker because by not doing so would mean they had already compromised their position as representatives of the citizen of EES and not conforming to the values and principles of the SPLM, while at the same time providing the enemies of the party more ammunitions that were expected to undermine its very foundation as a people’s current dominant party. This is because, the SPLM we know as stipulated in its 2011 constitution respects the rights of its members, and indeed does not tolerate sexual assault, rape andmurder especially when these have been committedby its leadership and, above all constitutional post-holders as is the case for EESLA Speaker. Moreover, SPLM members should strive to ensure that the Speaker was removed, unless SPLM members of EESLA are trying to send a wrong message that sexual abuse, rape and murder are acceptable at the law-making institution, by its members, or in Eastern Equatoria State (EES).

(ii) RESTORING OF EESLA’s IMAGE

In the Republic of South Sudan , the national government is trying its best to hold citizens accused of sexual assaults, rape and murder, among others, accountable for their actions. These have been enshrined in the various statutes, with legal institutions established throughout the country to realize compliance and penalties, and EESLA is no exception.This is an opportunity for EES authorities and parliament to follow the examples of the national government to fight against sexual assault and rape cases to gain and improve its image.

In fact, EES parliament cannot afford and must not permit having another case added to the already underlying chronic food shortages, lack of basic services, few economic opportunities as well as cattlerustling, armed robbery, banditry and tension over land and natural resources. The total sums of all these and others have altogether demoted the state to Level 4 Security as depicted by the NGOs working and operating in the state.

Indeed, given the magnitude of the sexual assault, rape, and murder involving the EES Speaker, and the wife of a fellow SPLA Officer, the potential impact on the EESLA and the SPLM are obvious. It is therefore imperative that EESLA as an institution and its members as lawmakers, and as well as the SPLM, and the EES authority have no other choice but to improve their respective images. It is crucial it embarks on this by not allowing the sexual assault, rape and murder involving the Speaker, and any government official to become the heritage of EES and its institution, but do the needful by throwing the rape case into the dustbin of history by having the Speaker removed without delay. The move by EES Honorable Members can serve as a deterrent for future transgressors throughout South Sudan .

As soon as South Sudan became a full-fledge nation on July 9, 2011, it joined the community of nations in recognizing the basic values and principles of human life that formed the United Nations Charter, 1945. As it were, according to UN Declaration on Human Rights “no body has any rights to hurt or torture anybody”. Currently, the UN Human Right in South Sudan is investigating a number of rape cases in the Republic of South Sudan , including this one, involving EESLA Speaker. While the UN findings are yet to be made public, there is no doubt that this rape case is about to damage the image and reputation of EESLA as a lawmaking institution in the State, and its members – the legitimate representative of the people. Unless EES parliament is prepared to act according to the constitution to the dictates of the various national, state, and international statutes, the implication is that EESLA members cannot but be blamed as condoning sexual violence against women. The constitution obliges the lawmakers and courts to prosecute its perpetrators, whatsoever. In the event EES parliament does not hold the Speaker accountable, SPLM Party faces the choice to choose between the evil acts of itsbadly behaved Speaker by maintaining him in his position, or do well by respecting SPLM values and principles and therefore discipline its errant member.

In every EES societies, the family is the building block of social cohesion and stability in which the father is head and role model. As a state, the Speaker is the father of parliament and its principal custodian. Regarded as a role model for all the representatives, electorates and families in the state, and it is foreign for every community in EES to claim that rape and murder such as those committed by the EESLA Speaker is an individual case.

Unfortunately, or fortunately, the Speaker has become a victim of his misguided deeds by preying on the wife of one of his constituents; thus dishonoring his status. More odious is the fact that, he has all long been trying to hide and cover the incident by attempting to convince state lawmakers that the issue is personal and private. Surely, the act of penetration may be an individual and private decision.Nevertheless, the consequences of sexual assaults, rape and murder are never personal and private because families, clans, communities and societies suffer together, in one way or the other.

Therefore, the Speaker’s insistence that the sexual assault, rape and murder case he committed are private and individual matters are misleading arguments intended to cover the impact of the problem to SPLM, the state and its people. It therefore follows that, if the rape case is left unresolved through parliament, the current EES parliament risk choosing between defending the rights of EES families as theirelected representatives. In a similar reasoning, failure by the EESLA MPs to so the needful meant the members of the august house will be accused of entertaining the use of sexual assaults to not only create physical pain and suffering, but also to degrade the rape victim and her family, clan and community, let alone the state as a whole. Parliament therefore has to maintain its credibility as enshrined in the constitution (of RSS); it must remove the Speaker.

As Christians, we understand the teachings of the Christ on sexual immorality, which points that, rape is a willful sin that pollutes human body. It is therefore the duty of parliamentarians, the majority of whom profess Christianity and its values go to Church every Sunday, to act according to their beliefs and Christian values by removing the Speaker on the strength of the acts of sexual assaults, rape and murder as evil.

The husband of the rape victim is an SPLA Officer. As an SPLA soldier, and like any of his compatriots brought us the freedom we all now enjoy in the Republic of South Sudan , and indeed expected continue to protect this nation and its citizen against any external aggression. Therefore, the Speaker’s dreadful action on the wife of SPLA Officer is deplorable, as it is unacceptable. The responsibility of EES parliament is therefore to hold him accountable for having committed a grave offense against the wife of an SPLA soldier who, like the entire gallant SPLA soldiers, is our protectors against any potential foreign threats. Nevertheless, the Speaker’s actions are indeed a perfect distraction to the military to defend the sovereignty of South Sudan , a move that certain influence the SPLA soldier to turn its energy against its institutions and leadership terrorizing and abusing their families, the consequences of which would be immeasurable. This is a scary scenario that EES parliament must not be associated with whatsoever. It is therefore instructive for EESLA MPs to remove a single heinous offender from its midst than offending the sacred institution of the EESLA its entire members, as well as the government institutions in EES, through destroying families of those who are providing security to our country

In conclusion, therefore, the shameless escapades of Mr. Ocholimoi’s beastly behavior are indeed untenable as he should have, at all times, exercised greater discretion on account of the onus of responsibility of public office that he holds as Speaker of EESLA, a reminder that should have at all times served as a straight jacket to behave otherwise. That the rape case of the Speaker against the wife of an SPLA Officer is already common knowledge, it is instructive that the embattled Speaker must do the obvious: resign his position as the Speaker of EESLA or else the EESLA must impeach him. The other option left is for the SPLM Party to recommend for his removal from the position, which rests entirely on the shoulders of Mr. Luis Lobong Lobong as SPLM chairman in EES.