Archive for January 9, 2014


By Simon Yel Yel, Kuala lumpur-Malaysia
Hilde Johnson
Demonstrating the speech must meets the legal threshold to avoid direct or indirect element of incitement, a mode of speech may be perceived as direct in one culture, but not in another.
 Consider, for example, the trial judgment in the case of prosecution of Simon Bikindi, handed down by the ICTR on December 2, 2008. Simon Bikindi was a famous composer and singer from Rwanda who distinguished himself in the run-up to the 1994 genocide by using his music and fame to drum up support for the Hutu-led regime, and by fostering ethnic hatred throughout the carnage.
 He was also held accused of incitement for composing and performing songs like Nanga Abahutu (“I Hate These Hutu,” an anti-Tutsi song) according to Rwanda book titled Testimony of survivals. According to prosecution witnesses who appeared before the ICTR, Bikindi’s song was not only an invitation to hate Tutsi, but given the context of the ongoing civil war, to be ready to kill them as well.
Generally speaking, “incitement” means encouraging or persuading another to commit an offense by way of communication, for example by employing broadcasts publications, drawings, images, or speeches. It is “public” under international law if it is communicated to a number of individuals in a public place or to members of a population at large by such means as the mass media.
 Among other things, its “public” nature distinguishes it from an act of private incitement which could be punishable under the Genocide Convention as “complicity in genocide”.
 Incitement to genocide must also be proven to be “direct,” meaning that both the speaker and the listener understand the speech to be a call to action. Prosecutors have found it challenging to prove what “direct” may mean in different cultures, as well as its meaning to a given speaker. Moreover, public incitement to genocide can be prosecuted even if genocide is never perpetrated.
Lawyers therefore classify the infraction an “inchoate crime”: a proof of result is not necessary for the crime to have been committed, only that it had the potential to spur genocidal violence.
 It is intent of the speaker that matters, not the effectiveness of the speech in causing criminal action. This distinction helps to put Hilde Johnson unwanted in South Sudan and a genocidal propagator.
In the recent failed coup attempt in our country, the UN representative in South Sudan made several statements over media outlets which resulted into conflict in regions dominated by Nuer ethnic group against their countrymen Dinka.
 The UN representative statements were directly placing Dinka as a tool used by government to killed fellow Nuer in Juba after failed coup attempt, hence the UN maintain the conflict as political crisis and not a failed coup.
 The crime of incitement remains firmly in place on the international legal stage. In 1998, an incitement provision was included in Article 25(3)(e) of the Rome Statute of the International Criminal Court in conjunction with Article 6-Genocide which applies here in the case of South Sudan against Hilde Johnson.
As I can’t rule out the atrocities that have occurred in Juba against innocent civilian, the timing and complexity of coup itself might have some negative impact on civilian as  Juba hosts more than a million populations with over 80% armed and residing among civil population. To identify a civilian from the soldier in such a situation is a nightmare if not completely impossible.
But the revenge attack on civilian in Akobo, Bor, Nasir, Bantiu and many other areas inhabited by fellow Nuer after Hilde Johnson statements defines clearly the dark future of our country and clear incitement with intention to kill. Cultivating hatred and disunity among communities who believed in muscles and false prophets is a threat to stability and even for politician’s political career.
Our government must register a firm stand against her move and ask the UN body to withdraw her from South Sudan as she become more dangerous for social cohesion in the country.
 The colonial elements are planning underneath to reshape the future structure of South Sudan to look the way they like in the next fifty years by imposing divisive policies taking the advantage of weak social fabrics in our country.
I also appeal to my fellow countrymen and women to rise beyond tribal lines and seek justice rather than killing one another.
Long live South Sudn
Long live the great people of South Sudan.
simon Yel Yel is an engineering student in Kuala Lumpur-Malaysia . He is reachable at simonyel55@yahoo.com.

By JUSTIN KWAJE, South Sudan

What is happening in the newest nation, the Republic of South Sudan must be traced back on the focal singular holder of all and absolute powers in this new country, which is now in a state of utter confusions. The volcanic eruption, which started on 15th December 2013, can be traced back in the early days of the liberation movement in 1991 and the reconciliation, which followed, between Dr John Garang and Dr Riek Machar.

The president of the Republic and Current chair of the SPLM, by invoking the event of 1991 and labelling Machar as power hungry and worst, the prophet of doom, have insulted that reconciliation. It was opening up an old and healed wound.

In our African cultures once the elders of the community settles grievances, it is a taboo to go back to it and revisiting such brings bad omen and a curse in the family.

Kiir’s opportunistic and divisive reference to 1991 was diversionary after he failed to solve political differences within his ruling party, just as he was not able to rule this country without decrees; he was not able to chair his own party peacefully and resorted to the use of force!

Kiir therefore is a total failure in regards to the country, his party as well as commanding his military and tribal militia.

All south Sudanese of good will must condemn Kiir and he must take full responsibility for undermining that crucial reconciliation in our nation’s history that brought John Garang and Riek Machar together which paved the way for our independence without which we could have not achieved a country of our own.

It was Kirr who undid what was achieved by opening the Pandora’s box and brought the curse that comes with revisiting the forbidden, which now is destroying and consuming up our nation.

The question all need to ask is, was Kiir not in favor of that reconciliation for him to open up that which was buried? Was he not the one who selected Riek as his deputy? Or was it purely power hunger and ambition rather than efforts for brotherhood?

It is now clear that it was purely a calculated bid to power with a hidden agenda right from day one when he assumed the position of late Dr John Garang after the tragic helicopter crash in 2005.

So Kiir faked brotherhood and fooled the nation with this, we can rightly conclude, Kiir has integrity issues!

To the millions of South Sudanese, Garang’s death was seen as devastation, great lost for the liberation movement, but now retrospectively, to Kiir, this was the beginning to build his dynasty.

Today as Kiir labels Dr Machar’s group as power hungry, this very description instead suits best Kiir’s very own ascend to power, as we all recall, Kiir himself tried with his Gogrial boys to assassinate late Dr John Garang in Rumbek.

Those who doubt this, has he not now sidelined the so-called Garang’s boys even humiliate Dr Garang’s own Widow? Could it be because Garang’s legacy eclipsed Kirr’s own and does not allow Kiir to shine through? So who is power hungry here?

Having asked such, it must be said that craving power in itself must not be made to look evil, it is how one seeks it, as long as one seeks it democratically as those opposed to Kiir were doing until he lied on them and threw them in Jail and into rebellion.

There is nothing wrong to desire power. What is wrong is what one does with power. In Kiir’s case although we the people have given it to him, he has totally abused it.

Who are the victim of this recent Kiir’s abuse of power as seen in this violence instigated by him? The main victims are Nuer in Juba, but who were main victim of the retaliation revenge attacked launched by Nuer?

Majority of the people who died in Jonglei state are Dinka Bor, whom Kirr wants to annihilate due to his hatred towards Garang. The result of this killing and instigations has been felt as far away from Bor as in Nimule hundred kilometers away.

Nimule which has already reached a boiling point due to insecurity caused by illegal Dinka Bor IDP, and new influx are pouring in Nimule, this will soon open up another ethnic issue as the Dinka are coming along with their cows and are armed to teeth with AK 47s and heavy Machine guns.

Why do they come for safety all the way to Nimule? Are these not the same brave Dinka who have been piling insult on the Ma’di people as cowards, and they the brave are now fleeing to safety to the land of the cowards?

Why not stay in Bor and defend you lands? Is it not evident that the peaceful ways of the Ma’di people and Equatoria in general, makes our country safe and is the best way for South Sudan?

Or we should all deal with each other through insults and guns?

The successive fall of Jonglei, Unity State and Upper Nile indicates that Mr. Kiir tribal gangs have lost allies with immediate neighboring fellow countrymen, and now public trust in Kiir’s leadership has sunken.

Any president who is afraid of his people’s democratic rights and exercises is not a leader of the people. Since Mr. Kiir is afraid of the people who called for democratic reforms within SPLM, he has lost public trust.

History will remember him as a president who lies and who practises divisive policies by opening old wounds to pit one section of his nation against another.

Mr. Kiir, that is and that will be your legacy.

Many Children are and will be fatherless because of your lies and because of what you are doing!

The glorious praise the people of South Sudan have given you for leading us through independence will now not be inscribed on your grave stone.

What I would like to see is, you Kiir, go to The Hague to be tried for committing genocide against your own people.

The president and his vice president James Wani Igga and their cronies went into a campaign of disinformation and lies, instead of accepting democratic reforms they opted for a war on his political opponents.

This act of Mr. Kiir and the old school generals clearly shows that they knew they had no chance against Dr Machar in an organized free and fair elections, therefore the only workable tool left at their disposal was to accuse Dr Machar and his colleagues who are champion of our independence as “coup plotters” in order to rid himself of them and assassinate them.

Kiir has no honesty to give the people of South Sudan an accurate account about what triggered the violence on the streets of Juba on December 15th 2013. Kiir should give the precise number of the civilians massacred in Juba by his militias who are not part of any armed group or of our national army.

Kiir should give an account as to why such private militias are created and exclusively from his own ethnic tribe the Dinka, more especially Dinka Bahr el Gazel and warrap states?

The recent violence in our country without any doubt has divided our national army along their ethnicity, not surprising as he started this by the exclusive tribal militia he recruited along tribal lines.

Thus it is Kirr, the very person who divided us along tribal lines not the opposition who are from many tribes including his tribe, the Dinka. So who stands for Unity? Is it Kirr or the opposition?

The distrust among our national army will only deepened, and we can only conclude at this particular time Kiir has a handful of true friends left, and the majority of those who are still standing with Kiir are simply either fearful for their lives or protecting livelihood, as Kiir is known by his decrees to kick out anyone who is opposed to him.

Notice for more 20 times in 2013, Kiir has issued decrees, thus almost twice a month, he by chance President, has added other tittles, the president of decrees, the distinguished liar and divider-in-chief.

Instead of surrounding Himself with intellectuals who can help him rule democratically, Kirr surrounded himself with People like the VP Wani Igga who has no clue of what he is doing and is simply a puppet/comedian.

The president uses this good-for-nothing, non-Dinka to fool the country. He is using the non-Dinka as decoy but all the consequential powers are given to the Dinka.

Clear example can be seen when Kiir recruited his militias called Presidential guards, they were recruited without consent of Gen. Chief of staff, Mr Jame Hoth Mai, who is non-Dinka, and another example was during the recent violence in Juba again, Mr Kiir deployed the militias to actions without any approval from Gen. Chief of staff James Hoth Mai, which also showed criminal intents.

Yet in a modern state military undertakings passes through the chief of staff, but Kiir has been seen bypassing the chains of commands, by authorizing Dinka junior officers over non Dinka senior officers.

Kiir is, therefore the divider rather than one who unites our many tribes, making him a good Dinka Chief for a cattle camp in Warrap State, but not for South Sudan.

This must not be tolerated for a father who favors one child over the rest is risking that child’s life; in the Bible we read the consequence of Jacob favoring Joseph. This current tactic employed by Kiir will further isolate the Dinka and will create unbalanced powers and yield oppressions.

Kiir tribalism even extends to how he handles corruption scandals; in 2010 Josephine Lagu was accused of stealing sum of 200.000 U$, though there was no evidence provided, her name was defamed publicly, She was tarnished and lost her job.

While the 75 Ministers mainly from Dinka, accused of embezzling billions of U$ are still walking free and their names never publicly revealed. That is the degree of how a Dinka Cattle chief Kiir has always been.

This is clear evidence that Kiir only takes hard lines towards Non-Dinka while none towards his tribal gangs. Unless this issue of favoring Dinkas by the President is halted, it will be impossible and we shall never achieve viable democratic South Sudan where all 64 ethnic groups can coexist without violence given the predatory behaviors of the Dinka towards other tribes and their lands.

In conclusion, the so-called failed coup attempt was a malicious plan, by Kiir to silence his opponents from standing against him in the coming election.

Now that he pushed Dr Machar into the bush, Kiir is using what he called “failed coup attempt” to discredit Dr Machar so that the people of South Sudan will see Riek as someone who is striving for power.

But Kiir underestimates the intelligence of the South Sudanese people who have seen through his gimmicks.

Mr. president, in democratic world when you have lost popularity, the only thing for you to do to preserve your legacy is hand over the power to someone within your party or call for fresh elections to see whether people still have trust in you.

If you say the so-called Coup plotters are in the wrong, why not call for an early fair elections and see it for yourself?

Unfortunately you chose to resolve small issue by using our national army.

Sir this is not what we aspired for, the dream of the people of south Sudan is to live in democracy. When late John Garang said he has brought us peace on a golden plate, he meant he brought us freedom of expression, equality, justice, and liberty, not repression, torture, the killings of opinion writers like Isaiah Abraham, unjust imprisonment of your comrades and now the deaths of our valiant SPLA soldiers left and right in the hands of their very own brothers!

I am profoundly sick with your behavior, Do you have any idea how many of your very own countrymen have died and will continued to die until you alone do the right thing and call it quit?

SHAME ON YOU KIIR FOR THE LOST OF LIVES OF YOUR VERY OWN PEOPLES IN YOUR VERY OWN HANDS, THE VERY HANDS THAT ARE SUPPOSED TO PROTECT THEM!

AS A NON-DINKA, THEREFORE YOU ARE NOT MY PRESIDENT.

Therefore since you cannot wear the shoes of our late leader, you must step down and go AWAY.

Justin Kwaje
 Juba, South Sudan
 Profoundly sick and tired of Kiir running down my country


By Peter Khor Malual

GEN. SALVA KIIR IS THE ONE WHO DECLARED WAR GAINST HIS OWN GOVERNMENT NOT THE REBEL

Attention: South Sudanese Compatriots Worldwide,

If there is someone who still hesitated that Kiir Mayardit’s regime still a government, let me inform you that it has already collapsed. During the SPLM Convention of 2008, when there was an overheated tension among the senior party members for who to hold which position in the party, there was a Nuer businessman who warned the convention wisely. He asked the convened crowd in the hall that “If the groom wants to cause a conflict in his wedding ceremony, would he blame the people who take part in the fighting?” The answer was no to everyone in the meeting hall. He meant it on the then Vice President of the Republic of Sudan and the President of the government of Southern Sudan; Gen. Salva Kiir, who wanted to instigate the conflict while he was the one in power.

On the night of December 15, 2013 in our Nation’s capital Juba, the groom provoked war and cracked down his own wedding party.  However, the most dim-witted thing he is doing is that he blames it on others and using baseless allegations that it was a Coup d’état while he was the one ordered the partial disarmament against the commando military unit with half of the aisle having guns while the other group were subjected to disarmament for unexplained reason. In other words the Nuers were disarmed while the Dinka were not. Seen in the light, it is no wonder that the President and Marial Chinuong were the trouble makers who ignited the December 15, incidence in Juba. The worse scenario for the complication is that the President did not act responsibly to control the situation peacefully. He then went ahead and blamed it on his potential party rivals who are threatening his dictatorial chair in the party by telling the South Sudanese Public that the SPLM need a political reform so that it could maintain the leadership of the national interest.

Next, the President Kiir and his loyalists who misled him to hell twisted the case from the political point of view and turned it to a tribal conflict which drew the glorious South Sudan and the world to see the first genocide of the 21st century on the African soil. The President fitted his illiterate guards who are purely Dinka tribe men from his home state against any Nuer they see in Juba. The killing is broad-spectrum and they were not targeting the suspected Nuers who were falsely accused of coup attempt, but against anyone who is Nuer in Juba. How shameful is it for a Nuer soldiers who think he was protecting the interest of the government in the Bilpam and Giade (Military barracks) but when they come and visit their families at their homes they could find everyone shot dead by Dinka extremists just because they are Nuers?

I have a message to those who are still reluctant that they should not be neutral anymore because there is no interest of the government to be protected. From December 15, and thereafter, the government has collapsed. No more government existing until the Freedom Fighters liberated the people of South Sudan from the yoke of Kiir and Kuol Manyang‘s totalitarian and bloodthirsty regime. For those who believe they sympathize with the government because their relatives are still supporting the government or high rank officials who are part of the same government, I appeal to all of you that you should refrain from that thinking.

When it comes into social interaction, my experience of being in Juba for the past four years depicted that the harmony I saw is for sure a national standard. The South Sudanese have built trust among themselves to the extent that people were preparing to move beyond the tribal lines. For example, in work place and the neighborhood where people are interacting intimately in no regard to their origin makes me feel a real South Sudanese because I have friends apart from my own tribe or people that I am sharing the language with. Today, this trust has been betrayed by the killer government of Kiir Mayardiit, Malong Awan, Salva Mathok, Kuol Manyang, Makuei Lueth and their likes. Their genocidal scheme to sweep off the Nuers has taken the young nation back by far to square one. How to gain back the harmony and a trust of a Nuer people to trust a Dinka led government in the modern era is undefined to me. I know that it is not every Dinka that like the atrocities carried out against Nuers in Juba but I question the Dinka judgment especially the West of the Nile Dinka (Those of Greater Bahr el gazel) who are the one having the upper hand in the government and mostly the one implementing the genocide which destabilized our nation. Their silence over the incident without prudence outspoken reaction against war crime convinced me to believe that they unanimously agreed to carry out that mass killing with no moderates. If these were Nuer having the government targeted to kill the Dinka in a nation whose flag is waving in the air like prominent independence flag in front of Dr. John Garang Mausoleum, there could be also moderate Nuers who would be killed together with Dinkas in defense or protection of Dinka because of Nuer natural compassion. To prove my point right, this is the reason we still have Nuer generals and Ministers whose relatives or families’ lives lost in the cold blooded massacre yet they still believe South Sudan is one government. So they are the moderate Nuers by national standard although we the other Nuers consider them as idiots because the genocidal crime has gone beyond their control so they shouldn’t remain loyal to such a government that killed their own people. On the other hand, if the Dinkas were killing other ethnic groups like the Equatorians or Luo tribes, I am sure beyond doubt that the Nuers would never remain silent. The Nuers would confront the Dinkas right away because it is a Nuer nature to protect and defend the disadvantaged or powerless person from any arrogant and abusive power whether by another Nuer or anybody else. Nonetheless, the other part of the nations (other tribes) remained in silence with the exception of Prof. Peter Adwok Nyaba who told the world true story about the conflict as it happened and Mama Rebecca Nyandeng who is fearless to tell the truth and embraces the fact that she is the founding mother of this young nation from its embryo stage until birth. Among all the senior political figures only the two condemned the killing carried out by the government of Kiir Mayardiit and his colleagues.

Another thing which irritated me a lot was seeing a big smile on the face of Vice President of the Republic; James Wani who was mocking the Nuer killing and calling it a failed coup while meeting with his Bari community elders. Are these kinds of people like Wani Igga really cares about the national interest or their own future? The only potential advisor of the President is always his Deputy but Wani surrendered his post to Salva Mathok Gengdit to be in charge likewise Gen. James Hoth gave up his position to Paul Malong Awan of Northern Bar-elgazel State. As a result, the government automatically becomes a Rek Dinka affairs and Bor Dinka with Kuol Manyang, Makuei Lueth and Malaak Ayuen on the flip side of the coin. Then their goal is; kill all Nuers and we will run the South Sudan without obstruction. Will this really work? No, there will never be a South Sudan without Nuer or a Nuer controlled neither South Sudan without Dinka nor both tribes without the Equatorians and other tribes of South Sudan. It needs all of us but these cliques of Dinka murderer mentioned above do not need Nuers they only need themselves. There is no surprise, these men and their fellows are only having two choices; death or to live as forever refugees.

How about Museveni? Ever since the time of the CPA signing, I thought we have our own president until the very recent era. However, I eventually realized that we are puppet government ruled by the Ugandan President, Yoweri Kaguta Museveni. When Museveni talks in Juba, he talked like a President of the country who is visiting one of the provinces. Museveni is the political, military, and economic advisor of the beloved founding father of our nation and he misled him dearly. The Ugandan president has confused our president to death, and influenced him to get rid of all his comrades, who fought the war together with him. Yes he did it. He first started to send all the strong military high command to reserve and dismissed most of them. So now his plan has been confirmed by the involvement of the Uganda troops in the war for support of Salva government. Good enough our brave warriors taught them a lesson that they will never forget in their life time and I hope those who survived will convey a good message to Uganda people that Nuer are created for war victory. Next, Museveni interfered again and prompted the cabinet reshuffling by the end of July including the Vice President who was Kiir’s running mate in the election before the end of the term. When our President Salva Kiir implemented the orders from his best advisor Museveni, he got a nod.

After all efforts were made and succeeded, Museveni went on to another stage by influencing our president to destroy his own political party, then Gen. Kiir declared the dissolution of the Liberation Council and unilaterally dismissed the Secretary General Pagan Amum from the party post.  These are the points that led to the intense political apprehension in Juba. For all these reasons, President Kiir implemented this plans to completely eliminating his comrades that he turned to enemies. Therefore, he conspired to use an absolute power without objection and his intention to order Marial Chinuong to make an illegal disarmament for the fear that there might be counter attack if he uses violence against his political rivals as he terms them. Consequently it resulted to be the war outbreak in Juba and it is the very immediate cause of South Sudan’s three week civil war.

In conclusion, the President of South Sudan and his false friends who are true enemies as said by Dr. Nyaba in his articles of the past few months are the ones responsible for the war. Had they control the situation without Nuer slaughtering like they have been doing in Juba, there would be no war at all. It would take some time for Dr. Riek to mobilize forces to fight the government. But what angers every Nuer person on the planet is the fact that the political struggle is turned as a tribal war against Nuer people. Those who are looking for a quick solution are right but remember that peace will not come until the South Sudan is freed from the bloodiest hands of this regime. It is time for Salva and his loyalist to go because they failed to preserve the peaceful co-existence of South Sudanese people by putting the democratic procedures to garbage in order to rule the nation by iron fist. President Kiir spoil his legacy of uniting the people of South Sudan and leading them into the independence by taking the wrong advice which totally destroy his future and his legacy. I think the President will count his last moment of smiling otherwise the bell is ticking for him to cut off his term and run.

Regards,

Peter Khor Malual