Archive for the ‘Daniel Juol Nhomngek’ Category


By Daniel Juol Nhomngek, Kampala, Uganda

Ramciel

Master Plan of the proposed Ramchiel City, Lakes State, South Sudan

Wednesday, November 14, 2018 (PW) — Since the formation of the Government of South Sudan in 2005 that was followed by the formation of the government of independent South Sudan, the relevance of doctrine of terra nullius has become apparent. Terra nullius is a common law doctrine later adopted in the international law. It according to Latin terra nullius means a “land belonging to nobody.”

The issue of whether any land in South Sudan belong no one was never an issue during the period liberation struggle of 1983 to 2005. But with the formation of the Government of Southern Sudan in 2005 and the formation of the government of independent South Sudan in 2011, the discourse over the land in South Sudan change as seen in the plan to build Ramciel as the Capital city of South Sudan.

Currently, there is a heated debate on social media that Ramciel is no man’s land. Those who claim that Ramciel is a no man’s land based their reasoning on the fact that Ramciel is a vast land with no inhabitants on it and because of that it is the land that belongs to no one. This argument is a reminiscence of the British Colonial Masters’ argument during the colonial period.

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By Daniel Juol Nhomngek, Kampala, Uganda

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Friday, May 18, 2018 (PW) — It is now thirty five years after the SPLM/A started the War against Khartoum in 1983. The war was not an easier one as it had led to the death of about two million people. Despite of those massive deaths which left many people dead, more orphans and widows and widowers, South Sudanese did not give up.

They were all united in peace and harmony against the Arabs. What made them to remain determine and fought to the end was the hope of the new place, the new country and the birth of the new people.

With that spirit of unity and determination based on the right to self-determination, the death of many did not deter many and the death of led to the history of South Sudan which is now sealed with the blood of many.

Indeed, the people fought as if they were hoping to go to heaven. If South Sudanese were all Christians, I would have concluded that they were fighting to go to heaven as they are ambassadors of Christ on earth. (more…)


By Daniel Juol Nhomngek, Kampala, Uganda

Bior-Matoto, Gier Chuang, and Telar Ring Deng

Bior-Matoto, Gier Chuang, and Telar Ring Deng, December 1984

 

March 31, 2018 (SSB) — When the Secretary-General of the United Nations, Antonio Guterres, made remarks at the Consultative Meeting on South Sudan, with UN, IGAD and the African Union that—“first of all, it is clear to me and, I’m sorry to say so, but I’ve never seen political elite with so little interest in the wellbeing of its own people” some people expressed outrage that it was against the sovereignty of South Sudan for him to make such remarks.

However, he was and he is still right up to now. In my opinion, he made a very precise observation about the conduct of South Sudanese leaders. The leaders of South Sudan do not have any interest in serving citizens as their interests solely lie in power and wealth.

 The desire by the leaders to have power and resources has reduced the human values in South Sudan to nothing. This is because South Sudanese have become less human beings since what the leaders look at is not how to improve their welfare but how to enhance their power and acquire more and more wealth.

Thus, citizens have been reduced to objects and because of that they have lost intrinsic human values due to the indifferent conduct of the leaders of South Sudan. In other words, in the politics of South Sudan, welfare of the citizens no longer matters.

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The UNMISS should safeguard against some of the Gok state authorities using it as a vehicle for corruption

By Daniel Juol Nhomngek, Kampala, Uganda

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March 29, 2018 (SSB) — Since the creation of Gok State on 2 October 2015, I have written a lot about it. I have written on both good and bad things, praises and attacks on some of the authorities. Despite others and my efforts to fight for change that may benefit the people, things appear not to be moving towards right directions as the state keeps on fluctuating between progress and digression.

The problem that keeps Gok State at the same level or even at the worse level is the fact that the authorities have become enemies to the truth. This automatic means that were darkness is valued over light, the evil flourishes undercover.  This is because, in a situation where the people who talk against evil are viewed as enemies, it is not easy to bring the change in the society as truth is the first causality.

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By Daniel Juol Nhomngek, Kampala, Uganda

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March 24, 2018 (SSB) — It has been a while without having written something in respect to social evils in our society.  This is because I have been engaged in an activity that demands a lot of concentration and attention.

However, it has reached a point where it has become necessary to write something about the activities of VSF Germany in Gok State. VSF Germany is an International German Organization that promotes a holistic approach, integrating human, animal and environmental health, and pursues humanitarian, development, scientific, educational and advocacy objectives. VSF Germany believes that healthy animals, healthy people and a healthy environment are essential for a prosperous future for all of us. In order to promote its objectives, VSF Germany has offices in various countries in the world and in Africa in Particular.

Thus, VSF Germany is currently present in Eastern and Horn of Africa. Its regional office is in Nairobi and field offices in Ethiopia, Kenya, Somalia, South Sudan and Sudan. Its present in these countries is with purpose. The purpose of VSF Germany is to support pastoralist communities in developing their main source of food and income through animal health and livestock production, which explains the main reason for VSF Germany being currently in Gok State.

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Why protecting women’s rights and promotion of their rights is the best way of promoting economic development in South Sudan

By Daniel Juol Nhomngek, Kampala, Uganda

Lost boys wives photo

Lost boys wives of Colorada, USA

February 4, 2018 (SSB) — Before I joined Makerere Law School in 2010, I used to view women like any other men. What comes to the minds of many men whenever they see women is sex. This objectification of women is the product of culture. Men are culturally oriented to look at women as sexual objects that are available for men to satisfy their lusts whenever they want.

It is in relation to the above, majority of South Sudanese men and especially, men in cattle keeping communities do not see women as human beings who can contribute positively to the welfare of the society. But they only see them as sexual objects that can be turned around at any time as they wish and if they refuse they have to be raped or forced to have sex with them.

It should, however, be noted that even though men in the abovementioned communities view women as sexual objects, it is not their faults. Their way of looking at women is culturally predetermined, and just finds themselves culturally directed. Thus, the way women are viewed in our communities is the product of culture as it puts men above women.

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Predicting the future of South Sudan under Taban Deng Gai and President Kiir and problems that lie ahead in some time to come

By Daniel Juol Nhomngek, Kampala, Uganda

Taban14

The swearing-in ceremony of Gen. Taban Deng Ghai as the First Vice President of the Republic of South Sudan, photo by Maal Maker Thiong on July 26th, 2016, J-1, Juba

January 3, 2018 (SSB) — Perhaps, it may be important to begin this article with the quote from Margaret Thatcher, the former British Prime Minister and stateswoman who was once quoted to have stated that “ power does not corrupt men, fools, however, if they get into a position of power, corrupt power”. This is exactly what is going in South Sudan, which the subject of this article is.

I cannot say that those who are in power in South Sudan are fools but if they corrupt power as they are doing now then they fit to be described as such. This article, therefore, attempts to predict what will happen in some time to come in South Sudan if South Sudan continues to be run by both Taban Deng and President Kiir Mayardit.

In particular, the way Taban Deng is dealing with and relating to the president of South Sudan leaves much to be desired.  Taban’s dealing with the President now appears that he has interior motive and there is the likelihood that it will be too late before South Sudanese discover that Taban has already taken power.

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By Daniel Juol Nhomngek, Kampala, Uganda

African heritage

December 30, 2017 (SSB) — The establishment of modern states is not something easier. What complicates the whole matter are their settings. They have been forged through bringing different communities with varied interests that were thrashed into one people historically during the colonial period. Consequently, to form one nation-state out of these various but tribal communities with contrasting interests is not something easier and in most cases requiring tough but fair approach.

Why I have stated above that forming state that different communities with contrasting interests co-exist together peacefully requires fair but tough approach is because sometime the leaders may use tough but unfair approach in attempting to forge a modern state but the consequences of such approach are always disastrous as it can trigger war of succession as was seen in Nigeria, Sudan and the Democratic Republic of Congo (DRC) as well as unending civil wars as seen in different parts of the world.

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Death penalty should not be abolished in South Sudan: a response to the minister of justice and constitutional affairs, Paulino Wanawila Unango

By Daniel Juol Nhomngek, Kampala, Uganda

African heritage

December 29, 2017 (SSB) — In the article that was published on the front page of Juba Monitor on Tuesday, December 05, 2017, entitled: DEATH PENALTY: To be abolished. In that Article the Minister of Justice and Constitutional Affairs, Hon. Paulino Wanawila Unango was reported to have revealed that the application of death penalty in South Sudan would soon be abolished and compensation shall be used as a means of solving disputes involving murder cases.

The reasons for the Minister wanted the death penalty abolished as were given by the reporter were: that it was not priority of the government of South Sudan to use death penalty; that death penalty was something that was not in the culture of South Sudanese; that though death penalty was to be abolished there would be other penalties. The Minister as the reporter pointed out tried to justify his assertion on the abolition of the death penalty on the ground that “in South Sudan, every case of legal dispute including causing the death of somebody was being resolved through compensatory procedure “which should be maintained.

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South Sudan: Who Is A Bad Leader?

Posted: December 18, 2017 by PaanLuel Wël Media Ltd. in Daniel Juol Nhomngek, Junub Sudan, Opinion Articles, Opinion Writers

By Daniel Juol Nhomngek, Kampala, Uganda

kiiriek

KiiRiek

December 18, 2017 (SSB) — It has been a while since I wrote about the relationship between leadership and politics. To begin with, I must make general statement that all leaders are politicians but not all politicians are leaders. It is this fact that I am able to conclusion that leadership and politics are so interconnected or intertwined that any person who purports to have interest in politics but ignores the aspect of how leadership and politics relate is like being on a wild goose chase since he or she is not able to understand what makes a good leader.

The relationship between leadership and politics is that politics is used a ladder by the leader to climb to the realm of leadership. Therefore, one cannot talk of leadership without thinking about politics. However, the difference between politics and leadership is that politics is just a game played by leaders to push their agenda through while leadership is the truth behind politics that people voted for.

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By Daniel Juol Nhomngek, Kampala, Uganda

garang-kiir-riek-and-wani

Introduction

December 8, 2017 (SSB) — Before going into the discussion over how to create and maintain the rule of law in Gok State, it is imperative to acknowledge the fundamental roles played by different Gok people in being a constant voice of what should be done to achieve peace in Gok State. The first acknowledgment goes to our elder brother Tembany Matur Malek whose desires and actions are always for Gok State and Gok people. In fact, no amount of words that can be expressed to pay him back for his zeal and commitments to seeing Gok State a peaceful, united and prosperous state. In general, he has been a constant reminder of how to achieve peace in Gok State with the unwavering spirit.

In the same line, I would also like to acknowledge and thank our elder sister Helen Philip Ater Dhal and all other Gok people in the USA, Canada, UK, Australia, other parts of Europe, China East African countries and inside South Sudan for their concerns and role tilted towards achieving peace in Gok State. Without over-exaggerating the contributions of the Gok people mentioned above, it is my conclusion that their contributions have made Gok State what it is today. Without their help, the majority of our people would have died during the war, especially from the 2000s to 2005 and from 2013 to date.

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By Daniel Juol Nhomngek, Kampala, Uganda

Kut Alier Apollo

The late Lawyer, Kut Alier Apollo, with his uncle, Abel Alier Kuai Kut

September 21, 2017 (SSB) —- The Republic of South Sudan is a new country that marked its independence from Sudan in July 2011 following a protracted series of civil wars starting in 1955 and ended in 2005.  The first war began in 1955 and ended in 1972. But, after only eleven years of peace in 1983, the second civil war that lasted after twenty years began.

The fighting that began in 1983 ended with both sides signing the Comprehensive Peace Agreement in 2005.  After that Southern Sudan was granted autonomy within the greater Sudan whose lifespan ended with a referendum that took place in 2011. The referendum was held in January 2011and as a result, almost all South Sudanese voted for separation from Sudan. The voting saw South Sudanese moved the region toward secession and ultimately independence by 9th July of the same year.

With all political complications between South Sudan and Sudan that have been going on, one thing has never changed or has been clear. South Sudan is not a desert wasteland because it is occupied by the Nile’s famous waters that flow through its large clay basin which also serves a catchment area for water coming from highland regions of the Central African Republic, Democratic Republic of Congo, Ethiopia, and Uganda.

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“When Truth is Denied, Peace Will Not Come”

By Daniel Juol Nhomngek, Kampala, Uganda

Gogrial state

September 18, 2017 (SSB) — The conflict between Apuk and Aguok has become a major concern not only to the people of Gogrial State but to the whole of South Sudan. The need to get permanent solution has recently prompted authorities to come up with the disarmament policy, which is currently going on.

The question is, therefore, is disarmament alone without more a solution to the conflict between Apuk and Aguok? The answer to this question depends on how individuals look at it and also how he understands the conflict between the two communities.

 However, the fact is that disarmament per se is not a permanent solution though it is an interim solution that can be used as an entry point in finding a formidable solution.  To get the permanent solution to the conflict between the two communities, there is a need first to understand the dynamics of the said conflict.

The conflict currently prevailing between the two communities is rooted in history. This is why it is hard to deal with it. Where the conflict is deeply rooted in deeply divided communities, which is rooted in deeply rooted ethnic tension, the only solution is to engage the parties in deep discussion accompanied by deep reflections among themselves that will eventually result in forgiveness and the agreement that will govern their future relations.

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By Daniel Juol Nhomngek, Kampala, Uganda

September 12, 2017 (SSB) — Under the International law, all the States have the Responsibility to protect their citizens as well as those who are by law and by facts residing within the States.  The state sovereignty that provides the State with immunity from any external interference imposes the duty on the states to protect all people within her territories.

It is in relation to the above that we have a general rule, which provides that the state has a responsibility to protect. Therefore, the failure to perform the duty to protect can allow the international community to intervene to protect citizens on behalf of the State. The above general was further explained by the Report of the International Commission on Intervention and State Sovereignty of December 2001, which discusses basic principles that constitute the State sovereignty and the duty to protect citizens and consequences of the failure to perform the duty to protect.

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By Daniel Juol Nhomngek, Kampala, Uganda

Why mocking the president, they shud be arrested

July 29, 2017 (SSB) — Retributive justice is a theory of justice which holds that the best response to a crime is a suitable punishment, inflicted for its own sake. The only goal in retributive justice is punishment. According to the Stanford Encyclopedia of Philosophy, retributive justice is committed to the following three principles—

(1) “Those who commit certain kinds of wrongful acts, paradigmatically serious crimes, morally deserve to suffer a proportionate punishment; (2) it is “intrinsically morally good—good without reference to any other goods that might arise—if some legitimate punisher gives [those who commit certain kinds of wrongful acts] the punishment they deserve; and (3) “It is morally impermissible intentionally to punish the innocent or to inflict disproportionately large punishments on wrongdoers.”

As seen in the definition of retributive justice and its principles above, retribution justice is wider than death penalty which means that any punishment that involves an eye for an eye approach is retributive justice. For this reason, the death penalty is part of it.

Retributive is enforced through punishment provided in the criminal law. Thus, this justice holds that when an offender breaks the law, justice requires that the criminal suffers in return. This indicates that law and justice go supplement each other. Since law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior, justice sees that law is obeyed.

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By Daniel Juol Nhomngek, Kampala Uganda

July 27, 2017 (SSB) — The stage things have reached now in Gok State makes things difficult to sort out unless we, Gok State citizens think critically and act with fairness. First, we need to unite as Gok people and condemn all the killings that have been taking peace recently and anybody who contributed to their occurrences.

Second, we should avoid using killings as a political tool against the governor and the government of Gok State but rather we should honestly condemn the failure of the governor and his government for not coming up with an earlier warning system to detection tension building up among communities and react swiftly before it is out of hand.

In addition, we should also blame the governor for failing to execute his constitutional mandate to protect citizens of Gok State. Then, the next thing to do is that the current successive conflicts in Gok State should be treated differently though they are interconnected.

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By Daniel Juol Nhomngek, Kampala Uganda

big fish vs small fish

big fish vs small fish

July 22, 2017 (SSB) — When the governor was appointed he was a good man as he was doing what the citizens of Gok State wanted.  The government the citizens of Gok State need is the one that is neutral and able to protect their rights equally without being bias or seen to be bias. This was what the governor and his government was initially doing which made me to write colourfully in praise of him.

However, with time the government of Gok State began to be bias and also become more concern with how to raise money than protecting the interests of the citizens. Consequently, all the accused or all suspected of crimes that were arrested were released upon the payment of money.

Hence, the state of Gok was trading money with justice which is injustice. Money should never be substitute for justice. Therefore, increasing fines as a way of setting culprits or accused free is unfortunate. This is because injustices that have been committed among the citizens remained unaddressed as money has become more important than lives and the need for justice by the Gok State citizens.

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By David Deng Chapath, Kampala, Uganda

Generals Pieng Deng Majok, Paul Malong Awan and Malual Ayom Dor at the Bor Airport during the second liberation of Bor, 2014

Generals Pieng Deng Majok, Paul Malong Awan and Malual Ayom Dor at the Bor Airport during the second liberation of Bor, 2014

July 5, 2017 (SSB) — In South Sudan, it is hard to know a right person. This is because the right person according to our standard is that person who obeys and worships the authorities irrespective of what they do at the back of the authorities.

It is not bad to praise and appreciate leaders but to praise and at the same time working for their downfall is worse than going to hell. When we have decided to support leaders we must support them irrespective of the situation they find themselves in.

Due to the naivety of our system, it does not differentiate between bad and good people. Because of this, the system is not capable of employing good public servants or workers. This has put the system at the brink of collapse as the people who are employed do not know what they are doing but only specializing in praising leaders and cheating them at the same time.

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We have only one international law: a commentary on understanding of refugee law in South Sudan

By Daniel Juol Nhomngek, Kampala, Uganda

Kuel refugee camp

Gatwech interviewing a woman under her tent in Kule-2 Refugee Camp.JPG

In the recent article I wrote on refugee where I put a question across as: ARE REFUGEES NOT ENTITLED TO A PASSPORT OR TO HOLD A PASSPORT? THE CASE OF SOUTH SUDANESE REFUGEES IN UGANDA seeking for the interpretation of the refugee law in regard to documents which the refugees must show when it comes to identification document: that is whether by showing a passport can be a crime under the refugee law hence a person is prohibited to show any other documents apart from the refugee identity card.

It all happened that on the day I wrote that article I went with the sister-in-law who was having an appointment with the office of the UNHCR for her process of the documents for her family resettlement programme.  We came at about 8:00 AM to the Office of Prime Minister of Uganda and when the sister-in-law tried to enter the game, the police officer was sitting at the game to check the identity of those who were entering landed on this sister-in-law of mine and asked her whether she had an identity card.

Innocently, she put her hand into her handbag and pulled out her South Sudanese passport.  Upon looking at it the way police officer reacted caught me by a surprise. The police officer began to interrogate her beginning with the following questions: “you mean you say you are a refugee and you have a passport?” and then again he asked her “why do you have a passport?” As he was asking her these questions he was putting the passport in his pocket. At that point I intervened but the police officer was not even listening to me and we ended up quarreling.

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Assessing the veracity of the sentry report of May 2017 entitled: Making a fortune while making a famine: the illustrative case of a South Sudanese general, Malek Ruben

Daniel Juol Nhomngek, Kampala, Uganda

corruption

June 5, 2017 (SSB) — This Sentry report of May, 2017 is about how the studies of the business activities and how such business activities contributed to famine in South Sudan, taking General Malek Ruben as the case study. In this report The Sentry Team summarized the Content of the report in the following words—

“While South Sudanese people are starving by the tens of thousands and war rages on, a small group of senior military officers have gotten rich. This brief from The Sentry presents the case of one influential general whose military strategies helped create the famine. This general’s case illustrates how the deliberate absence of the rule of law provides the potential for immense financial benefits for the leaders of South Sudan’s regime and how current incentives favor extreme violence and grand corruption over peace and good governance.

A recent U.N.-declared famine in South Sudan’s Unity state has left 100,000 people at immediate risk of dying of starvation.1 All told, an estimated 7.5 million people in South Sudan—more than half the country’s population—urgently needs assistance. The cause of this famine is not a mystery.

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