South Sudan 30 June Election: A Joke of the Year
By Abu Deng of Oslo, Norway
“Elections will not be held in 2015 because reconciliation between the people will have to take time,”
(Pres, Kiir at Juba airport, Sunday, 11 May 2014) hear audio at. (at minute 3:30)
January 6, 2015 (SSB) — The head of the South Sudan National Elections Commission Professor Abednego Akok announced last week that the country would hold a general elections on 30 June, despite President Kiir’s promise to wait until after reconciliation, and Government Spokesman Michael Makuei’s recent statement to a delay of elections as well.
Can we not read the writing on the wall: 30 June Elections! Did everyone forget what happened last time when a blanket all encompassing decision was made:
Kiir dissolves all South Sudan’s SPLM structures (15 November 2013) see 3
30 days later started the War of Wars, and still ongoing! No Peace, No Healing, No Reconciliation No Process or nation building – 10s of thousands dead, dozens of children dying of hunger and $2 billion needed to feed and care for the IDPs dispersed regionally, around 2 million Junubin souls scattered across the South and four or five neighbors.
Oh, Petroleum Minister Stephen Dhieu did you say last week the South made $1.711 billion from its only source of revenue, so doesn’t that mean we cannot afford to feed and clothe our own people?
($2 billion in costs – $1.711 billion in revenue = STOP THE DAMN WAR YOU CAN’T AFFORD IT)
So isn’t this ill-timed, possibly-underfunded (whose paying the $517 million price tag: international community, NGOs, Chinese, Dubai friends); probably underplanned election given only 175 days until 30 June?
Elections – State or Federal or Party?
Major Problem #1
There is a serious problem if the current government seek legitimacy, because first, the President has several, let’s repeat that – several -Caretaker Governors in place in four of the 10 States, so before any viable process can begin you must have state elections, as required and awaited for some time by citizens in the following states:
1) Unity State
2) Jonglei State
3) Upper Nile State
4) Lakes State
The National Election commission is yet to organize by-elections in these four states to replace governors removed by president Kiir in 2013, so how can a “National” election occur when there are 4 unelected governors in place?
I suggest people listen to the advice of Dr. Lual A. Deng of the Ebony Centre for Strategic Studies and seek a constitutional amendment to extend the government, not 3 years as he suggests – but 1 year or until the agreed upon transitional government is in place, hear Dr. Deng’s interview at 4.
Major Problem #2
The 2008 SPLM Constitution requires a chairman to be elected before the pending national election.
Once there are 10 elected and acceptable governors then one must convene the “overdue” SPLM National Convention – yet how will that that occur without 7 members of the supreme policy body, the SPLM Political Bureau (PB), of a current list of 19?
These members were opposing the current government and interim party process declared in 2013 since the SPLM formal structures were dissolved by President Kiir on 15 November 2013, hear it at 5.
In that verbal order/action the President dissolved the historical foundation of the party, built over 30 years, removing its highest executive organ, the Political Bureau and the National Liberation Council (NLC).
Yet leaving only the office of the Chairman and the national secretariat – a move that will probably go done in history as the second most undemocratic decision made in the country next to the July 2013 one of removing the entire cabinet at once, see 6.
So in order for the SPLM Convention to proceed in an appropriate and “legitimate” way, should not these seven individuals be part of the 3rd National Convention, particularly the widow of the founder of the Party, and the long-standing Secretary General who are both part of the current Arusha reunification process?
The following are the other disavowed members of the Political Bureau, in order of their rank:
Dr. Riek Machar Teny
Mr. Pagan Amum Okiech
Mr. Deng Alor Kuol
Mr. John Luk Jok
Mrs. Rebecca Nyandeng de Mabior
Mr. Kosti Manibe
Mr. Taban Deng Gai
Can a truly democratic SPLM Convention occur without these people??
Secondly, another more important question: if the SPLM party’s 2008 constitution describes the SPLM National Convention as “the highest organ of the Party and “the supreme political organ of the Movement.” Should not all members of its highest policy-making organ be a part of the planning and implementation for the 1st SPLM Convention after formal independence?
A last party issue/reminder: the SPLM constitution requires that a convention cannot be held without a quorum of at least half of the delegates of State Congresses. So if legitimacy is what is sought, obey the rules, laws and constitution – do not forget this legal point too.
Major Problem #3
If the state, and SPLM Convention issues have been resolved then we must move on to the National Elections, there is the issue of party registration – we cannot proceed without all parties legally and officially registered in South Sudan.
I do not believe the government has established the body that will register and regulate the various political parties, the Political Affairs Council (PAC)!
How can we have elections if there is no formal entity established to register political parties, and no formally recognized political parties of South Sudan?
Note to some: the current parties in South Sudan are operating from charters based on the old Sudan system, pre-July 9; new party enrollments in South Sudan should have occurred in 2012 or 2013, but were delayed like the SPLM Convention which was to occur in May 2013.
So besides the PAC, National Election Commission (NEC) was established in 2012 and has the task to set up and handle elections. But it is behind on the tasks, governors’ need to be done, first, common sense says before any “National” general election, right Professor Akok?
And to remind you members of the NEC on conduct, in particular the ethical principles, here are the rules of conduct, see 7.
Dear NEC commissioners and chair I bring your own conduct code up because in these 2013 regulations under Chapter II, Article 7 – Ethical Principles, it says:
Every Member of the Commission shall, uphold the following values in his or her responsibility to ensure the integrity of the electoral process, adhere and comply with fundamental ethical principles, in conduct of his or her business, respect the rule of law, be non-partisan and neutral, transparent, accurate and serve voters.
My Point: Rule of Law – must be observed
As I heard the NEC Chairman Akok pronounce the date and details of the 30 June elections, and that it was based on X Y and Z chapter and paragraph of the constitution – therefore we will have these elections though there will be challenges! Hear his announcement at 8.
It hit me, as it did with the terrible National Security Bill, this election will be unconstitutional – for only some of the constitutional provisions are being followed, just like with that draconian security bill – Professor NEC Chairman Akok – you do realize that?
Flashing Light Professor Akok: Chapter II, Article 7 – Ethical Principles: …respect the rule of law! The 2011 Transitional Constitution of South Sudan stipulates the following must occur for the next general election to occur:
Population Census
192. The National Government shall during the Transitional Period conduct a population census the outcome of which shall, inter alia, determine the number of electoral constituencies for the next general elections.
Now, again, like the security bill, I ask how can we obey part of the 2011 Constitution, but ignore another part, a mandatory part of it? Professor Akok, comment? Is there a legal exception made to ignore section 192 of the Constitution – no, I do not think so!
Also, South Sudan Government Spokesman Mr. Michael Makuei said to VOA after Christmas, the elections will only be held as scheduled in July if a peace agreement has been reached, see 9.
So if the President said no 2015 elections before peace signed in May and the Government Spokesman said it too recently in December, why provoke the situation, endanger the peace process?
Do people really want to end the war? Because this new shift towards a general election signals the opposite and begs the question who in South Sudan is currently benefiting from this war?
Conclusion
Mr. President, Honorable Josiah, your earlier thought in May to delay the elections was correct, who or what made you change your mind, it is not probable to pull off an election in 176 days, something that took 6 years before by eager! Junubin (Southerners), and by your own words in May, it would take 3 years, listen here to your statement, again see 10. (at minute 3:30)
Mr. President those advisers around you are guiding you badly, honestly Sir. This 30 June Election move is so bad it will plunge the nation into uncontrollable war and will destroy this nation – listen to your earlier voice: let the nation heal first after you and Dr. Machar sign a peace deal, then do elections.
Now, if you proceed to the SPLM Convention and General Elections without SPLM-IO AND SPLM-FD in tow – your results will be problematic…most likely leading to illegitimacy – any “new” SPLM will be SPLM lite, because you would be missing nearly half of the Political Bureau.
Plus no one can see general elections occurring on a state level with all parts of these states included: Unity, Jonglei, Upper Nile, possibly Lakes, now possibly Western and Eastern Equatoria States fragmenting…due to internal disagreement and insecurity.
So how can the “SPLM” claim to be speaking for the entire country after a January “National” Convention with several states or parts of some missing. Then too, what about the Arusha dialogue to reunite the party. What happened to that, now, in a rush to crown a leader before 9 July – the reconciliation process will stop. This process is a linchpin for healing the wounds of many, and pushing the nation positively forward.
I thought we all wanted to get to the root cause of the war, which the Arusha process was tackling – and both sides were in agreement with it – reuniting the party, if possibly, was the best step for all concerned. This process has shone the best promise of healing old wounds of the SPLM and propelling it and the nation ahead.
It should now be clear, if a part of the the SPLM pushes to have a “National Convention” without the 7 PBers (Pagan, Madam Rebbeca, etc…), pushes “one” SPLM Chairman candidate, pushes the same candidate for the National General Election as a Presidential candidate without other “viable” choices while the country has not signed a peace agreement nor completed the Arusha process – the outcome will be chaos, meaning continued war.
Finally, some questions surface.
Can a June 30 Election 2015 Election be just – Constitutionally legal without a census – Mr. President – Professor NEC Chair Akok?
Can you as an intellectual Professor Akok live with your conscience knowing this ill-conceived and badly-timed election could plunge the feeble new nation into a deeper, more devastating evil war?
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