Archive for the ‘Daniel Juol Nhomngek’ Category


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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By Daniel Juol Nhomngek, Kampala, Uganda

RSS coat of ARMS

South Sudan’s coat of arms, in which the eagle symbolizes vision, strength, resilience and majesty, and the shield and spear the people’s resolve to protect the sovereignty of their republic and work hard to feed it.

April 21, 2017 (SSB) — South Sudan gained its independent State on 9 July 2011, following a referendum that passed with 98.83% of the vote. After the independence, it became a United Nations member state,  a member state of the African Union,  of the East African Community, and of the Intergovernmental Authority on Development.

Geographically, it is bordered by Sudan to the north, Ethiopia to the east, Kenya to the southeast, Uganda to the south, the Democratic Republic of the Congo to the southwest, and the Central African Republic to the west. It includes the vast swamp region of the Sudd, formed by the White Nile and known locally as the Bahr al Jabal.

The territories of modern South Sudan and the Republic of the Sudan were occupied by Egypt under the Muhammad Ali Dynasty, and later governed as an Anglo-Egyptian condominium until Sudanese independence was achieved in 1956. Following the First Sudanese Civil War, the Southern Sudan Autonomous Region was formed in 1972 and lasted until 1983.

Due to the failure to implement 1972 Agreement, the second civil war broke out in 1983 and ended with the Comprehensive Peace Agreement of 2005 that later led to the independence of South Sudan as already mentioned.  In 2005 southern autonomy that was done away with in 1983 was restored with the creation of the Autonomous Government of Southern Sudan.

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By Daniel Juol Nhomngek, Kampala, Uganda

rss-coat-of-arms

Presidential dinner for X-mass

April 19, 2017 (SSB) —- In South Sudan, the love of the country is not differentiated from the love of personalities or politicians.  This is because people become more associated with different politicians than the country hence leaving the country uncared for. The root cause of this attitude is because the country is equated with money or employment to get money from the government.

As one observed by Dr. John Garang, Sudanese (and now South Sudanese) people view government as source of income hence, the country becomes associated with the government and where individuals are not employed in the government they become enemies of the country or the state.

The whole matter goes back to the failure to understand what a country is.  The country as defined by other writers is a land mass with distinct borders or territorial boundaries occupied by permanent population who are governed by strong or effective government that is capable of entering into the international valid agreements with other countries.

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It Takes a Great Man to Give Sound Advice Tactfully, But a Greater to Accept It Graciously: Advice to Hon. Governor of Gok State

By Daniel Juol Nhomngek, Kampala, Uganda

kiir-and-the-rumors

He rose from death and appeared to his disciples in an open top car: The case of President Kiir

April 17, 2017 (SSB) — I would like to take this opportunity to thank Gok Youth for the love of their State. I have education they have received is important as they are assets to Gok State. With such good education, Gok youth are going to contribute to development to Gok State in the near future and even now.

However, I have received the information from credible source that there some young people among the youth who have turned themselves into spies or informants against their brothers and sisters in the State, which has resulted into arrest of several youth whose names I shall mention shortly.

But first, I would like to warn those informants or spies who are prosecuting some Gok Members for their own benefits. Hence, giving away very strong youth to authorities who arrested them on unsubstantiated allegations and because of that, many youth are now relinquishing behind filthy bars in Gok State.

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UK Says Killings in South Sudan Conflict Amount To Genocide: Assessing Its Validity

By Daniel Juol Nhomngek, Kampala, Uganda

abraham-jongroor

The Late Gen. Abraham Jongroor

April 15, 2017 (SSB) — Not every killing in large numbers amounts to genocide and not every action of the authority that prevents us from knowing the truth concerning the killings is evidence of genocide. As shall be understood in its definition shortly, genocide is special kind of killings that has special requirements which must be proved before it is concluded that genocide has taken place or it is taking place.

Thus, genocide is defined as intentional action to destroy a people or an ethnic, national, racial, or religious group in whole or in part. Genocide means act of killing. In addition, the United Nations Genocide Convention, which was established in 1948, defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

The term genocide was coined in a 1943 book (see; William Schabas, Genocide in international law: the crimes of crimes. — Cambridge University Press, 2000). After its invention, it has been applied to various killings such as the Holocaust and many other mass killings, which include the Armenian genocide, the genocide of indigenous peoples in the Americas, the Greek genocide, the Assyrian genocide, the Serbian genocide, the Holodomor, the 1971 Bangladesh genocide, the Cambodian genocide, the Guatemalan genocide, and, more recently, the Bosnian Genocide, the Kurdish genocide, and the Rwandan genocide.

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By Daniel Juol Nhomngek, Kampala, Uganda

kiir, riek, wani

peace and reconciliation in South Sudan

April 14, 2017 (SSB) — Before I go to the point I wanted to make in this brief article in which is in response to those in State House who are claiming that I have apologized, I wanted to make it clear using the words of Faye Wattleton that “I do not make any apologies for my manner or personality. I come from a long line of very strong, Black African who neither bend nor bow. I haven’t had very good modeling in submission”.

Coming to the point, in recent article I wrote about the Office of the President entitled: LETTING THE CAT OUT OF THE BASKET: THE DIRTY POLITICS IN THE OFFICE OF THE PRESIDENT EXPOSED, I made the following points “that in the Office of the President of South Sudan there is dirty politics going on.

Such dirty politics is in the following forms: betrayal, original sin, greed, corruption, discrimination, gossip and hatred which are order of the day” and second to it that “the Office of the President has been turned into business where those working there derive profits as some of them are more of brokers than government employees”.

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An Apology Might Help, But You Can Change Your Life Without One: A Response To South Sudanese

By Daniel Juol Nhomngek, Kampala Uganda

kiir with Desalegn in ethiopia, Feb 2017

April 12, 2017 (SSB) — Before I embark on the subject of this article as stated in the title, I would like to make the following observations: firs of all, I have for the time being ceased writing on negative politics in South Sudan, this is because of two reasons:

The first reason is that I have concluded project on politics with the article which I am responding to in this work, whose title shall be reinstated later in this work. Secondly, I have accepted the advice of Uncle, General Daniel Awet Akot who I respected so much for his role in creating the history of South Sudan. He advised to stop writing on politics for a while as the country is facing serious problems.

However, this ground is not convincing to me nonetheless, I have still accepted his advice on another ground. I accepted his advice to stop writing on politics because of the fact that the Office of the President has found out that I am related to him and it will be bad if I continue attacking the system yet he is working in that office.

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By Daniel Juol Nhomngek, Kampala, Uganda

kiiriek

KiiRiek

April 9, 2017 (SSB) — This article is purposely written to expose dirty politics that is going on in the Office of the President of South Sudan. In doing that my approach will be as follows: first, I will describe, defines and discuss the meaning of politics in general, then relates it to South Sudan and the Office of the President of South Sudan in particular. After that I will discuss reasons to support my argument that politics is not a dirty game but a good game played by dirty politicians. Thus, I begin in the order as given.

In order to effectively explain how dirty the politics is, let’s begin with the quotation of James McGreevey who once said, “We are losing sight of civility in government and politics. Debate and dialogue is taking a back seat to the politics of destruction and anger and control. Dogma has replaced thoughtful discussion between people of differing views”.

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