The (un)constitutionality of the state of emergency declaration in Aweil East state
By Dut Kuot Akok, Juba, South Sudan
July 29, 2017 (SSB) — In South Sudan, whenever they see such a question, the first thing that comes to theirs mind and makes conclusion of you without going deeply to read first what the question is all about is to either label you as Rebel, traitor or economically traumatized indigent who is out of his mind owing to current economic crisis the country is going through.
Such hysterical perceptions and egocentric attitudes are what brought us to this irretrievable man made debacle since we fear realities and bits of advice that could have correct our mistakes but we intentionally reject them because they hurt and point out our failures and ignorance.
Thus, they wrongly perceived as such, however, we should not bury our heads in the sand that we will be called Rebel (s) or traitor (s) but we should continue pointing out the truth and finger point the wrongdoers concurrently. Less importantly, they should be allowed to vomit their venom to the best of theirs appetite by calling whatever names they like but the truth remains clear as a bell.
And to go straight to the above question, let me first align it to our national constitution and see whether Aweil East state fit the bill of the state of emergency as of now or not because Constitution is our cardinal guiding principle in which our political decisions pertaining the exercise of power by the higher office of the state/country should be base on.
And since we all knows that, our interim constitution 2011amended 2015 in article 189 (1), it is clearly stated that upon the occurrence of any kind of disaster whether war, invasion or natural disasters that threaten the political and economic stability of the state, the head of the state should take measures by declaring a state of emergency in accordance with the Constitution and the law.
Also, in the same article sub-article (2), it is there written that after the declaration of emergency should be submitted to the national assembly within fifteen days after the issuance of the declaration. When the national legislature is not in session, an emergency session should be held to either approve or disapprove before being operationalized.
And it is the outcomes of the members of the legislature that give powers to the higher office to operationalize it if approved by the legislature.
And as of now, the question that arises is: do Aweil East state fit the bill of emergency according to our constitution which stated that there should be an occurrence or rumors of disaster in order for the head of state to declare the state of emergency? Absolutely no since there is no kind of cauldron which gives off vapors of conflicts and stability in Aweil east state.
And if there is any we don’t know then, we should be Educate/enlighten by issuing authority by giving as tangible substantiations to glue their decision.
Now and again, Aweil East or the greater Aweil community of the former Northern Bahr El Ghazel state was the only community in South Sudan where there is no deep-seated tribal or racial confrontation being stirred up by unscrupulous politicians like what we see in other communities, of which they tirelessly work day and night with sole purpose of bringing their tribesmen into loggerheads with other communities in order to achieve political end by creating an atmosphere of hatred, tensions, and unrest.
Henceforth, there is no concrete reasonable ground of putting Aweil East state under the state of emergency. And by the way, declaration of the state of emergency in every country in the world, constitutionalism has to be limited by the exigency of an emergency, where emergency implies a state of danger to the economy and political stability of that specific country.
And as such, the unconstitutionality of Aweil East being put under the state of emergency is clear as the bell if we accept realities in lieu of judging book via it cover.
Moreover, I repeat that issuing authority should clarify to us which article in our interim constitution 2011 amended 2015 which says that a peaceful community who were living in peace and harmony since the 1950s should be put under the state of emergency.
I heard some seniors’ government officials trying to give unsubstantiated comments by saying that the decree is in response to the threat posed by inter-communal fights in Gogrial state between Apuk and Aguok so as to stop culprits from crossing to the neighbors’ states in process of apprehension. But if that is the reason then the questions are: why not also in Twic Mayardit state? Aweil state?
And former Unity state if the reason is that of her border with Gogrial State. Henceforth, these questions need an answer from the presidency especially president’s mouthpiece for the reason that their comments and interpretations are unconvincing to the citizens of Aweil East state.
And to be frank, I doubt how sincere was the government spokesperson on this issue because it seems like there is a mirage conspiracy behind the 17th declaration, of which I am sure will be Expose by the innocence of the people of Aweil east at any time.
And in reality, declaration of the state of emergency is not a solution even in Gogrial state because an emergency for the period of three months will be treated like fighting rams who take rest after a long fight in order to gain momentum and there after log horns again.
Therefore, a political settlement is the best solution since the instigators of this brothers war between Agouk Kuei and Apuk Giir Who smuggle weapons to theirs sections are here in Juba, and let drop this notion of solving the problem with another problem.
And as such, I propose that military generals and politicians from both communities should be allowed to go to the grassroots and seek for the best mechanisms of bringing everlasting peace between them.
And if not possible then it would be the right time to declare the state of emergency in theirs present in order to let them feel the painful consequences of being deprived of your rights, such as movement and association.
Finally, I do like to appeal to Aweil east members of parliament in the transitional government of national unity to be vigilant. Know that your presence in the assembly is not just to receive your salaries monthly and your sitting allowances after every session, but you are there as people representative who is there to stand tall and raise his/her voice against the motion that is against your constituency.
You are the voice and the eye of all the people you are now claiming to be representing them. We were expecting that you will come out collectively and fearlessly confront the unconstitutional state of emergency by raising the motion of objection against the 17th July decree in the parliament before it operationalization in Aweil East since there is no constitutional reason to victimized her because of unknown.
Know that the now operational state of emergency will bring a lot of negatives impacts to Aweil East state population since it will deprive citizens of their rights and freedom such as freedom of speech, freedom of assembly and association.
In another word, it encourages lawlessness because it will be exploited by wrongdoers as a given golden opportunity for eliminating theirs political competitors of which rampant harassment, shooting and torturing with impunity will be the loudest languages in the state.
The writer is a fifth-year student in the college of community studies and rural development, University of Juba. He is reachable via dutkuot8@gmail.com or 0954123700.
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