Archive for the ‘Daniel Juol Nhomngek’ Category


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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By Daniel Juol Nhomngek, Kampala, Uganda

opinion matters

June 2, 2017 (SSB) — What is corrupt in South Sudan is not individual but the whole system, which means that there is a need for the reformation of the whole system. I am making this comment in regard to the recent released Sentry report, which seems to blame Malek Ruben for the war and mass of South Sudan.

 The Sentry Report of May 2017 was solely intended to investigate General Malek Ruben Riak, which is unfair because where the crises are in everywhere it is unjust to blame one person among everyone who is at fault. What I therefore need to say about this report and approach is that it was wrong not because I am supporting General Malek but because it is not the solution to our problems.

As I have stated above that it is the system which is corrupt, there is a need to approach the issue of South Sudan with the aim of reforming the system rather trying to apportion blame to the individuals. This is because as we continue blaming individuals now we may prolong the war and people continue suffering.

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By Daniel Juol Nhomngek, Kampala, Uganda

National Dialouge Steering Committee

National Dialouge Steering Committee.jpg

May 30, 2017 (SSB) — The swearing in of a 94-member steering committee to head the national dialogue should not be a source of joy for all of us but rather we should be prepared for more crisis or even future war. It is the missed opportunity as the President has again failed this time to do what is required for the national dialogue to be successful and to bring a permanent peace in a country facing war like South Sudan.

It is sad to blatantly state that the current national dialogue of President Kiir is not national dialogue when test on common sense principle but rather, it is something which is like national dialogue.  This explains why many have reached the conclusion that the present “national dialogue” is not national dialogue but national monologue, which in my opinion is not even that but it is a mockery of national dialogue.

This Dialogue established by President Kiir is a recipe for future war in South Sudan.  This is because it will not bring permanent peace in the country. Though, the war may stop now, that does not mean that it is the current national dialogue that has brought peace but the war has just been postponed for future generation.

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In Search for Justice: Why Restorative Justice the Only Means in Addressing Human Rights Violation in South Sudan

By Daniel Juol Nhomngek, Kampala, Uganda

May 28, 2017 (SSB) — In different communities where we come from, there is a notion of fairness. This is shown by the way we always demand that those who are solving our problems must be fair.  It is this notion of fairness that we term as justice. In legal understanding, justice is defined as the legal or philosophical theory by which fairness is administered (see; Definition of JUSTICE “in http://www.merriam-webster.com).

Justice, being a concept understood in accordance with the community as rooted in their deep understanding of fairness, it is therefore important to state that justice is a moral virtue and since it is the moral virtue, the way it is understood differs in every culture.

Indeed, in different cultures, there is a different way of understanding justice as it depends on the way the victim and the community in general understands the crime. This is because crime is a creation of the community. In this respect, what the community considers to be a crime is a conduct is contrary to its morals and because of that it is prohibited by moral force of the society.

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By Daniel Juol Nhomngek, Kampala, Uganda

Paul Malong

Paul Malong Awan, Aweil

May 22, 2017 (SSB) — May 9, 2017 will be remembered in history of South Sudan. It is a day which has become a turning point in the history of ruthless and inhuman decree of the President of the Republic of South Sudan, General Salva Kiir Mayardit.

President Kiir has become obsessed with the power to the extent that he can issue the decree to stop the birds flying over Juba. What is peculiar about all the decrees that are issued by the President is that they are issued even without his knowledge. This is because the president has pre-signed all decrees and other documents which are just kept in his office ready to be issued at any time.

With those decrees pre-signed what remains only are the words to be written on them and then issued by his employees even without the Master’s instruction or decision. The employees use the powers of the President to coerce every government officials.

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By Daniel Juol Nhomngek, Kampala, Uganda

Hagana Festival

Hagana Festival

May 15, 2017 (SSB) — It has been a while since I thought about this topic concerning the role of money in crisis of South Sudan. When Comprehensive Peace Agreement (the CPA) between the Sudanese People Liberation Movement/Army (SPLM/A) and National Islamic Front (NIF) regime, Southern Sudan was created, which was administered as an autonomous region from Northern Sudan.

The autonomy of Southern Sudan was to last for six years (2005-2011), which should be followed by referendum, in which all South Sudanese or sixty four tribes currently in South Sudan have to decide whether to become independent nation called South Sudan or continue to be part of larger Sudan.

Indeed, after six years South Sudanese decided to vote for separation. Consequently, they voted for independent South Sudan and in July 2011 the current Official Flag of South Sudan was raised and the Flag of Sudan that many of us associated with all predicaments that were facing South Sudanese under Khartoum was lowered. As the Official Flag was being raised, the crowd was wild with joy while braving simmering sun of Juba.

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By Daniel Juol Nhomngek, Kampala, Uganda

May 12, 2017 (SSB) —- On May 9, 2017 South Sudanese national army (SPLA) Chief of General Staff Paul Malong Awan was fired by President, General Salva Kiir Mayardit and replaced him with General James Ajongo Mawut.  Consequently, tension began to grow between the President and the sacked general.

 In fact, the tension was more exacerbated due to the fact that soldiers were deployed on Juba streets and around the sacked General home while plainclothes national security agents drive in and around the capital telling people to go inside their houses (according to www.southsudannewsagency.com/index.php/…/south-sudan-army-chief-sacked-2/).

As the government went on preparing for war as seen above, Malong was preparing for peace. Therefore, he left Juba with intention of going to his hometown, Aweil the same night as a way of reducing tension. However, leaving Juba was another problem as the government began panicking.

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By Daniel Juol Nhomngek, Kampala, Uganda

Hagana Festival

Hagana Festival

May 8, 2017 (SSB) — The Country called South Sudan today officially became the Republic of South Sudan in July 2011 following a referendum that passed with 98.83% of the vote. Its current capital is Juba, which is also its largest city. It was planned that the capital city would be changed to the more centrally located at Ramciel.

The independence of South Sudan came about as a result of the agreements of sixty four tribes. When we talk of a tribe, we mean a group of distinct people, dependent on their land for their livelihood, who are largely self-sufficient, and not integrated into the national society.

In that respect, tribe is perhaps the term most readily understood and used by the general public.  Stephen Corry defines tribal people as those who “…have followed ways of life for many generations that are largely self-sufficient, and are clearly different from the mainstream and dominant society”. This definition, however, would not apply to countries in the Middle East such as Iraq, where the entire population is a member of one tribe or another, and tribalism itself is dominant and mainstream.

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By Daniel Juol Nhomngek, Kampala, Uganda

Hagana Festival

Hagana Festival

May 5, 2017 (SSB) —- Our crisis always begins as rumours. There are rumours, rumours and rumours everywhere though some of us are always the last ones to know about these rumours. In typical world, rumours are not worth of believing but ignoring them in South Sudan can be a disaster. As noted above, the current war began as rumours about coup sometime back before independence of South Sudan but they were proved not to be real rumours as the message of coup they carried was not true. However, those rumours planted seeds for future war.

Hence, after rumors about a planned coup surfaced in Juba in late 2012, President Salva Kiir began reorganizing the senior leadership of his government, party and military in an unprecedented scale.  For instance, in January 2013, Kiir replaced the inspector general of the national police service with a lieutenant from the army, and dismissed six deputy chiefs of staff and twenty nine (29) major generals in the army.  Then after that in February 2013, Kiir retired an additional one hundred and seventeen (117) army generals. Such a move created fears and suspicion in all circles of the army.

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A missed opportunity! Assessing the viability of the republican order no. 08/2017 for the reconstitution of the national dialogue steering committee, 2017, in bringing peace in South Sudan (part 1)

By Daniel Juol Nhomngek, Kampala, Uganda

peace

April 30, 2017 (SSB) — The Republican order no. 08/2017 for the reconstitution of the National Dialogue Steering Committee, 2017 A.D. was issued on 25th April, 2017 to appoint numerous persons to lead the National Dialogue in South Sudan. The purpose for the National Dialogue is to bring lasting peace in bringing the war to an end in South Sudan. That war which was begun on December 15, 2013 proved to be a disaster for the country. It is said to have killed over three hundred thousand (300,000) people and internally displaced millions of people. Also, about million of citizens have sought refuge in the neighbouring countries, notably, Uganda, Kenya, Tanzania, Ethiopia, Sudan and Egypt.

Center for Conflict Resolution (CECORE) and the Centre for Peace and Development Studies (CPDS) projected that the intensity of the conflict may cost South Sudan of about between US$22 billion and $28 billion if the war continues unabatedly. In addition, (CECORE) and (CPDS) pointed out that if the action is taken now to achieve peace, then the international community, particularly Western donors, may save about US$30 billion by reducing expenditure on peacekeeping and humanitarian assistance. It concluded that this scenario would also mean that the neighbouring economies of Ethiopia, Kenya, Sudan, Tanzania and Uganda could collectively save US$53 billion.

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Attention: H.E General Salva Kiir Mayardit, President, Chairman of SPLM and the Commander in Chief of the SPLA, State House, J1, Juba, South Sudan

 war

Mr. President,

April 26, 2017 (SSB) — First, let me register that some of us who have never met you before and perhaps, will never meet you until you leave the presidency are very unfortunate and indeed regretting. We are even very unfortunate at this time when things are tough for all of us and we badly need to meet you in order to tell you what we think are wrong in and with the government so that you are able to change the method of governance for the better and to serve citizens of South Sudan better.

I need not to remind you by telling you that it is now going to four years while the war is still on. The last three years have never been easier for us citizens and I do not know whether you know that we are suffering. It was good when the war started but as we progress from one year to the other in the war, things are becoming tougher and tougher day and night as US dollars have staged a second front against the country and citizens.

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By Daniel Juol Nhomngek, Kampala, Uganda

screen-shot-2015-04-15-at-21-38-09

April 23, 2017 (SSB) — In recent time genocide has become common term used recklessly and selfishly during the war.  According to The Politics of genocide an excerpt from the book by Edward S. Herman & David Peterson, the word “genocide” has increased in frequency of use and recklessness of application, so much so that the crime of the twentieth century for which the word originally was coined often appears debased. Thus, this work is an attempt to assess the meaning of genocide in brief, the purpose for which it was coined, to further explain the politics of genocide, that is, how the meaning of genocide has highly been distorted to suit political interests, which, as a result, has resulted into its failure to protect human rights and how this understanding of genocide has affected its effective application in South Sudan and then I conclude.

The overall argument of this article is that genocide has become highly political to the extent that it has lost its real meaning and purpose for which it was invented and because of that it has become ineffective in protecting human rights due to the fact that it is embroiled in political debate. Hence, genocide is not applied in the context of which it was originally meant as it was in 1970s and 1980s but it has taken political connotation which has made it become very discriminative and ineffective. In that regard, I argue that the term genocide was purposely invented to protect innocent and “bonafide civilians” who are being killed due to their nationality, ethnicity, race or religion. I used the term “bonafide civilians” to show that such civilians are completely innocent and are not part of conflict in any manner whatsoever though they are trapped among rebels. Thus, I begin in the order as I have given above.

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