Who Triggered the December 15th War?
BY MALONG MUORWEL, AUSTRALIA
Once upon a time there was an expressive adage that seems very remote in terms of illustrating certain controversies of it time, but with the current controversy that surround the above mentioned topic, the adage once again reverberate and strongly re-enforces the context of it expression, in spirit and letter, as well as content and form, as long as, you listen to public debates between South Sudanese public, international media, diplomats and international community alike…However, the adage goes:
“Those who can make you believe absurdities, can make you commit atrocities.” ‘Voltaire, Questions sur les Miracles à M. Claparede’.
But having said that, there certainly should be some sort of “dirty-facts-laundering” and “ugly-facts-burying” in the eyes of the “local public opinion” as well as in the eyes of the “international community public opinion” which equally tantamount in effect with the below adage:
“Injustice anywhere is a threat to justice everywhere.” Martin Luther King Jr.
In an effort to search for a democratic quest and cause in Riek’s Tribal Insurgency war perpetuated against the people and the nation of South Sudanese that he wanted to badly lead and rule “democratically” as he has time and again claimed without any substantial or procedural democratic process and principles in rhetoric, actions, practices or vision, rule of law and order, respect for human inalienable rights for innocent fellow “demos” custodians of sovereignty and legitimate democratic rule.
Dr. Riek’s false claim of advancement of democratic quest through gun barrels by wagging indiscriminate an-all-out-tribal-war against all with savagery extermination of innocent civilians, children, elderly, disables, the sick and dissidents from his own tribe is one of the puzzles of the modern political history…
Not only that, but Dr. Riek erroneous and adventurous political miscalculations has robbed South Sudanese by taking away the only glimpse of light of freedom and political stability that they have so far achieved in the aftermath of the darkest decades of history of social, economic and political marginalisation, exterminations and forced migration by successors regimes of Khartoum minority manipulative Jallaba against, African National communities in South Sudan…when on July 9th, 2011, thousands of people in the South Sudan chanted ‘freedom’ to celebrate the birth of youngest nation in the world. By leaders and ordinary people from different ethnic backgrounds.
The independence is not only for the victory against the exterminations and marginalisation but it indeed marks the ending of the 2.5 million people killed.
However, the current Riek’s perpetual-tribal-insurgency has turned that hope of recovery and glimpse light of a new beginning in rebuilding and re-construction of very much broken and marginalised South Sudanese human-capital through social-economic human development and political empowerment… In addition, to continuing the furtherance of building democratic institutions that has been already established and enshrined into the constitution and validated through practical practices of political daily life, as evident in the conduct of (SPLM grass-roots Democratic National Convention, May 2005) and (Multi-Party National-general-free-and-fair democratic elections of, 2008), In the Republic of South Sudan as well as the (scheduled National free-and-fair general elections for, 2015), recently superseded by the SPLM party own internal grass-root bottom-up National convention democratic elections, that kicked off by starting the passing of party basic documents to legalise the SPLM registration prior to the conduct of National General Elections of, 2015 by structuring its own structures through democratic process mentioned above.
Though there are myriads root causes of the current crisis in the Republic of South Sudan but the immediate causes that triggered the conflict that broke-out on 15th December, 2013, however, its roots could be traced back to May, 2008 when SPLM held its first ever National Convention to democratically elect its leadership..where all the party leadership position where all opened-up a grab in democratic contest. When Machar declared his intention to contest for the leadership of SPLM, creating tensions even among the military but the tensions where aborted. But Machar has renewed his ambitions to topple the president Kiir when he challenged him to step down from leadership in July 2013, and subsequently prompting the president to fire him from his position as VP in the Cabinet for insubordination. But with support from SPLM top leaders including, Pagan Amum and Rebecca Nyandeng, he shifted the power struggle into the SPLM Party leadership using the passing of the SPLM basic documents meetings as a new arena to challenge the president in the party leadership. On the 6th of December the pro Riek Machar group went public out-side-party- institutions by holding a press conference against president. On December 14, 2013, Machar announced to hold a public rally against, what he claimed abuse of power, by Kiir as a civic action to over-throw the president. On December 14th Machar, Amum and Rebecca Nyandeng boycotted NLC meeting but it wasn’t made clear to the public what was going to be their next move.
Hence until here, we can logically conclude based on the above stated facts that the conflict at first was political, administrative and constitutional within the government and the SPLM party, there is no ethnic dimension ‘in it’ ‘at all’ at it start:
Riek rebellion in essence started as a coup d’état on the night of 15 December, 2013, then it down-graded itself into failed tribal coup d’état and finally turned itself into tribal insurgency in three states of Greater Upper Region. Apart from what many would like the world to believe for their own hidden political agendas, South Sudanese and expatriates alike.
Further, the following “escalation-lader-practicum” may help illustrate the cycle of build-up to the bottle-neck involving important episodes of the causes that fuelled tensions, from the memory of the time ” diary of events”:
1/VP Riek Machar fired for political insubordination…challenging the president to step down. (Reuters) … On 23 July 2013 Kiir issued a decree relieving Machar from his position as vice president. On the same …”Simon Tisdall in Juba”
“Riek Machar, the former rebel fighter ready for a new battle” South Sudan’s vice-president has ambitions to topple his leader and transform his country”.
“In his interview with the Guardian, Machar was highly critical of Kiir’s record as president and urged him to step down, thereby avoiding a leadership contest. But he also made plain that he was ready for a fight”.www.theguardian.com
2/ CBT Affairs Minister/Finance, Alor & Maniby dismissed for corruption charges.
Suspension of ministers on corruption charges.
www.sudantribune.com/spip.php? Jun 29, 2013.
3/ SPLM SG Pagan Amum Suspended from his post in the party for undermining Presidential decrees of the President through going public in the media.
President Salva Kiir on July 23 dismissed his first Vice-President Riek Machar and suspended Pagan Amum, the secretary-general of the ruling SPLM party. He appointed a committee to investigate Amum for charges of insubordination and creating social divisions within the party.
4/ South Sudan Pagan Amum: suspended splm secretary-general petitions the Supreme-Courtwww.uhuruspirit.org/news/ Aug 7, 2013 – Suspended SPLM Secretary General
5/ the conflict shifted in the government into the SPLM Party institutions specifically PB USING Passing of the SPLM Basic Documents as a new arena for challenging the leadership of the Party and calling for his step down for lost of direction and vision.
Emergence of group pro president from all communities of South Sudan.
Versus groups pro-VP Riek Machar from all the communities of South Sudan within the party leadership.
Re-emergence of leadership challenge during the process of passing of the SPLM Basic Documents as a main issue.
Referral of the differences around the basic document from PB to the NLC for further oversight, discussion and decision reaching.
6/ Before the NLC commencement a call for a press conference out-side the party structure on 6th of December 2013. By some party senior members ” as a nother going public out-side-party institutions.
7/ Announcement for a public and mass rally in Juba 14 December, 2013. For the over-throwing of the president through civil action.
8/ December 14TH, 2013 the NLC Commenced.
9/ December 14TH, 2013 some SPLM leadership members worked-out of the meeting including VP OF THE SPLM PARTY RIEK MACHAR , announcing their NLC meetings boycott in the media.
10/ No further up-date to the public from Pro-Riek about their next move…which is a significant (blind spot)!
11/ December 15TH, 2013 NLC meeting continued at Nyakuoren Centre.
12/ December, 15TH, 2013, around 10:00 pm war broke-out in Presidential Guards HQ In ElQiada inside Juba and spread virally in a matter of minutes into the other garrisons of New-Side and Bilpam almost simultaneously.
Where military confrontations continued from 15-18 december, 2013, in a daring struggle OVER-THE- CONTROL of THE MILITARY GARRISONS inside Juba the seat of the national government between.
13/ subsequently, on 18 December, 2013, around 13:00 pm. the military confrontations subsided.
14/ Subsequently, Former VP Riek Machar, Former Unity State Taban Deng and CDR Afred Lado Gore fled Juba to Bush.
15/ Subsequently on December 18-21, 2013, civilians gravely affected in Gudele, MeiaWasaba, Khor-William and Mangaten, (Whether South Sudanese nationals or Ugandans, Kenyans, Ethiopians Congolese, Rawandans, Eritreans started to move to more secure areas not affected by the conflict (CAUGHT IN THE CROSS-FIRE OF THE WARING PARTIES including South Sudanese Diaspora from US, Europe, Canada and Australia some even took refuge in Juba International Airport. But “many” “not all” of Nuer ethnic background made it straight to the UN alleging being targeted or fear of being actually targeted) AND SOME TO MORE SECURE PLACES CONTROLLED BY THOSE PRO GOVERNMENT INDIVIDUALS AND GROUPS.
16/ subsequently the government started to control Juba and turn the security to it normalcy…
17/ Subsequently calling for all organised forces for a general parade in Juba (televised in SSTV) where I heard all the army being given a strict order that those who will target anyone from any ethnic group based on their background will be regarded as a second enemy in level of those who rebelled, for wanting to force others to rebel…
18/ also emphasis and assurances have been given that the conflict is not ethnic, though Riek mobilised to his side only one ethnicity the remarks added.
19/ South Sudan’s U.N. Ambassador Francis Deng assured the Security Council after the vote that the government “is doing as much as it can, under very difficult circumstances, to restore calm and stability to the affected areas in the country.”
“South Sudanese do not want to fall back into the abyss of war from which they have suffered for over half a century,” he said. CBS DC washington.cbslocal.com/2013/20/ Amb. Francis Deng repeated a statement from Kiir on Tuesday calling for an end to violence and ethnic targeting, and calling on Machar and the forces supporting him “to rise to the challenge of peace, unity and nation building.” CBS DC washington.cbslocal.com/2013/
SUBSEQUENTLY International NGOS and local NGOS under UN PROTECTION STARTED COLLECTING CORPS AROUND THE BATTLE FIELDS OF 15-18 DEC. 2013. It was reported that they had collected 300 bodies and took them to JUBA TEACHING HOSPITAL.
Subsequently the military clashes spread and stretch itself into Jonglei, Unity State and Upper Nile State….
Subsequently slightly spreading to Western Equatoria and South of Central Equatoria Yei n Morobo.
Subsequently the white-army mobilised to attack Juba through Bor.
Subsequently mass massacres occurred at varying times in Akobo, Bor, Bentiu, Parieng, Panyang, Baailiet, Tharjac, Mayom, Tonj North, Tonj East, Twic West, Malakal, Tonja, Panykang, Kaka, Moyo, Akoka and GuilGuk…Subsequently and almost immediately the government started investigating/persecuting those suspected of committing war crimes…on the basis of individual responsibility for commission of a crime..
Nonetheless, tangible evident that justly disputes the argument that “there was no Coup d’état” is by simply exposing Dr. Riek through producing this media document that contain Dr. Riek own willfully-expressed words and intentions aiming at waging a war, as he disclosed that in an interview with the “Guardian Journal”.
Here is the extracted statement by none other than Dr. Riek Machar from The Guardian Journal through an interview conducted in Rieks house in Juba by Simon Tisdall,
www.theguardian.com, Friday 5 July 2013 01.40 AEST :
“Simon Tisdall in Juba”
“Head lines”:
“Riek Machar, the former rebel fighter ready for a new battle
South Sudan’s vice-president has ambitions to topple his leader and transform his country”.
“In his interview with the Guardian, Machar was highly critical of Kiir’s record as president and urged him to step down, thereby avoiding a leadership contest. But he also made plain that he was ready for a fight”.
This is an evident that Riek has plotted his failed coup d’état attempt with pre-meditated guilty mind on the night of 15th December 2013…
Furthermore, to back up my claim above, we got two elements that prove that Riek committed the Coup d’état beyond reasonable doubt: these are prohibited conduct and guilty mind which is expressed as “actus non facit reum” and “nisi mens sit rea”.
Actus reus refers to the act that attract liability, the conduct that is the basis of offence. The mens rea refers to the notion of a guilty mind, that is, the criminal state of mind that must be proved to have accompanied the conduct of the individual.
The prove of guilty-criminal-mind “mens rea” is unequivocally apparent in the interview from Riek’s own words where INTENT and KNOWLEDGE consciously and willfully uttered, hence, the statement serves as a prove of “objective state” of mind that is so rare as a display of one’s own exposure of “criminal mind” as “opposed to subjective state of mind” which is always inferred-out from accused own words simply because intentions are latent unless confessed or materialized by disclosure as the case in the extracted interview. This is in addition to Riek’s own deeds and actions willfully-cared-out physically on the night of 15 December, 2013, that is characterized by “Criminal-Conduct” provoking a situation by firing-a-lethal-weapon, shooting-comrades-in-arms followed by an attempt of over-running the garrison at “Qaiada” as well as “Circumstances” such as moving to over-run the other garrisons of New-Site and Bilpam within Juba town almost simultaneously that same night…The “Consequences” of the above stated (Circumstances) surrounding an attempt to take-over the garrisons within the capital city Juba, the seat of the government of South Sudan on the night of 15th December, 2013, as per the intentions so far expressed in the extracted interview above, they would only had amounted in the toppling of the president as a “Consequence”, if it wasn’t resisted, curbed or deterred…Something that any reasonable person could had foreseen.
Whether who was involved in the coup d’état apart from the two who fled to the bush together with Riek Machar, is a matter of a court to decide based on the evident that might be presented against anyone of those accused or the defenses that the accused might produce within the court proceedings …based on the presumption that all the accused are innocent until proven guilty…
This is needless of defining the apparent public confusion between indictment and verdict…and unprofessional media emotional noises around this matter.
But to shed more light to possible & reasonable Scenarios for the course of the political detainees (court-case), if the case was continue.
However it is important that all must make a very important distinction between: Pre-trial indictment and fair trial court proceedings WHICH INVOLVES:
The institutions of justice and carrying on of legal proceedings against a person in accordance with judicial standards of due process and just and fair judicial standards, of both pre-trial phase and trial phase.
Including testing or examining the gathered evident against the accused and its nature… With, presumption of innocence to the accused, the accused legal right to silence, right to a fair trial and right to a legal console.
And more importantly the element of prove beyond reasonable doubts…Lack of which may lead to an outright judicial acquittance or vindication, based on the legal maxim known as the (benefits of doubts for the accused), that tantamount to the dismissal of the charges and the case altogether.
Or alternatively, the accused be proven guilty through court proceeding and subsequent verdict proving the commission of a crime by the accused. This requires the following:
That the accused has pleaded guilty.
Or that a tangible material evident has been produced by the prosecution as a sufficient proves beyond reasonable doubts.
Coming to the case of the Four political detainees the court has not reached any verdict condemning the Four for commission of any crime nor did the court acquitted them for being innocent from commission of any crime….
A very important fundamental fact that surround their release is the fact that the case contain political nature that is associated with national security, national peace and well-being, as well as the president discretion constitutional powers pertaining to his right to achieve national interest through national reconciliation and peaceful settlement to the political crisis in the country.
The other important point that need to be careful observed is the fact that the victims of this crime are South Sudanese public and their interest of peace, security, order and stability including their immediate ultimate inalienable rights and freedom from fear of extermination, rape and forced displacements…That is the jeopardy and injury that the South Sudanese public has suffered and continue to suffer.
Other national interests that has been compromised whether the Four are parts or not, are:
1/ Set-back caused for the country in pursuing its progress towards nation-building that cement and forge common national-identity for South Sudanese people and therefore, creating harmony and embracing diversity among the national community different groups…
2/ this is not to mention the fact that Riek have counter-acted this democratic process by trying to forcefully grab the leadership through the guns-barrels, something that can never be buried by distortion of facts surrounding the events.
3/ impediment to national social-economic development and physical infrastructure present and future.
Therefore, if the decision to withdraw the case and stops the court proceedings (without inappropriately and inaccurately jumping on pre-mature conclusions that the Four were proven guilty or that they were proven not guilty “empty propaganda” that is not supported by any substantive facts of judicial standards), for the Four political detainees is aimed at serving the public interest in bringing about the peace through political oversight not “judiciary” verdict , however, the decision so far should be seen as compatible, with judicial justice goals, “behind penalization objectives”, which aim at preserving and restoring public peace through justice, that the recent presidential decision is trying to achieve through other disciplinary approach which is “alternative justice through reconciliation conferencing ” that achieve justice through confession, remorse and forgiveness (pardoning), peace and reconciliation per se…
Furthermore, those who might think that it is not just for the (Four accused) in the case that the court might have to find them innocent from commission of any crime or those who may argue that it is not fair for the victims of the crime (specifically the South Sudanese public who might have lost their loved ones) in the case that the court might prove them guilty of committing the charges set-against them.
However, reasonable answer to that will be, the accused got every right to sue an individual or institution if they have any valid legal claim after the court verdict and consequent vindication or a-quittance from charges labeled against them reached through court verdict. And the same apply for the South Sudanese public the ultimate victims of these crises.
Coming back to Dr. Riek’s “democratic” revolution of twenty first century that aim to change legitimate democratically elected government through tribal insurgency without any substantive and procedural democratic procedures and principles that is characterized by summary extermination of innocent civilians based on their background including his own tribe dissidents who are butchered without any regard to international law and international humanitarian law principles of engagement in the battlefield…
How would any average and reasonable individual equate that to the simplest procedural and substantive democratic principles…?
Which entail in essence, that the leadership is not grabbed by the use of bullets but should be earned through free and fair democratic contestation process by ballots that is compatible with the principles of equal citizens, equal universal democratic rights, respect for inalienable natural-Devine-rights and freedom of choice that is free from intimidation, terrorization vandalism, “gang-thuggery”, victimization and gross-blood-carnages targeting the citizenry based on their back-ground and extermination of dissent clan-fellows…As well as, public incitation of hatred against certain fellow-citizens groups.
One is totally unable to logically discern how would all that conscience-shocking-barbarism and savagery “Kujur-cracy” relates to a democracy.
Nonetheless, Dr. Riek have also set-back South Sudan in its progress towards nation-building that cement and forge common national-identity for South Sudanese people and therefore, creating harmony and embracing diversity among the national community different groups…
In state, as a leader that dreams to be in a front-seat of the South-Sudanese affairs and therefore, being expected to articulate his democratization vision for South Sudan as well as formulating a vision of a common-good-future for all South Sudanese, he miserably and at will self-degenerated himself into some-what bloody-thirst indiscriminate killer on the bases of back-ground and targeting of his own fellow-tribe dissents in inhuman-savagery manner.
Hence, eroding the basic tenets of social-fabric that has always been there between South Sudanese national-communities, groups and individuals, cross-tribal-migrations, inter-marriages and social rapports between different peer groups among South Sudanese irrespective of tribe.
Building of a national-state as well as advancement of democratic principles are not pursued through undemocratic means, especially when there are so many options and lack of circumstances that justify the doctrine of necessity…Simply because when you have a choice then you lose necessity defense.
Thus, democratic-inclusive-state that is based on, equal-citizenship with equal-democratic-universal-rights cannot be built through deliberately disseminating phrases “inciting” hatred against certain citizen groups or other national community individuals…AS WELL AS THROUGH waging TRIBAL INSURGENCY against the nation-state and pitting national-communities against one another…As such one failed to find any democratic-related-project instilled in Dr. Riek, undemocratic based political rhetoric. But indeed, what is palpably apparent is Riek’s own personal-political-ambitions leadership-mania quest wars…
Therefore, I sincerely call upon the “silent millions” genuine South Sudanese compatriots to vigorously advocate and lobby for peace, restoration of confidence, peaceful co-existence among our national communities, reconciliation and national healing processes… We are one national community, one people and compatriots-forever in common-shared-destiny and common-shared-fate…No South Sudan without Shilluk, Blanda, Anyuak or Zande, Nuer or Latouka, Dinka, Baria or Nyanguara, Jur Lou, Indogo or Koko etc.
Let’s embrace our diversity, OUR COMMON FUTURE, OUR COMMON GOOD THAT LIES IN THE POTENTIAL HUMAN RESOURCES OF OUR DIVERSE NATIONAL COMMUNITIES, LET US CHERISH FORGIVENESS IN LIVING LEGACY OF our GREAT LEADER NELSON MANDELA WHO MANAGED TO FORGIVE THREE HUNDRED YEARS INJUSTICE AND GRAVE INHUMAN TREATMENT AND ABOVE ALL OF THAT MANAGED TO UNITE THE VERY DIVIDED PEOPLE OF SOUTH AFRICA ALONG COLOUR AND RACE LINES TO BECOME AN INCLUSIVE DEMOCRATIC RAIN-BOW NATION LEAVING THE PAST WITH ALL ITS PAIN BEHIND THEIR BACKS BY WALKING TO THE FUTURE WITH LOVE AND TOGETHERNESS IN-SPITE OF ALL OF THAT….
Let’s learn from “People of Rwanda aftermath-of-genocide-era who emerged very much Rwandans than they being attaching themselves to their “accidents of birth identity-backgrounds” being born into Tutsi or Huto lineage is none of anyone of them choice and cannot be made as something that should justify self-annihilation as one people of one common destiny and fate.
These experiences are African-home-ground solutions to the tensions borne-out-of-diverse-African-Communities and societies.
There is no way that we unleash-the-barbaric-hatred, dark-side-of-human-nature egoistic self-centred-mania too-far-too-long in the path of self-destruction through the abominable vicious cycle of revenge and avenge against our own fellow human brethren of sisters and brothers, fathers and mothers, grand-fathers and grand-mothers, children and babies sick and disable…
It was Dr. John owns words that once said: If we used the maxim of an eye for an eye will all be blind….
Therefore, the way forward is to cherish forgiveness, peace, and national healing process….And acknowledging the fact that those who have been slain are South Sudanese and those perpetrators are South Sudanese… And that the war is wagged against the South Sudanese…The victims are the average South Sudanese…So we are the victims and the monsters in this savagery carnage.
Malong Muorwel…The author can be reached through e-mail: mmmal_2012@hotmail.com
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Thank you very much , Mr Malong Muorwel, for this nice article, I think those Nuer who are fighting for no reasons can understand this article. Those of Mi diit, Naath, Bentiu Son, Kim Deng, Malakal Omoni Jr and the rest are advised to read this article so that they should understand what caused the fight in Juba’s Gida in Mid- Dec 2103.
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