Archive for the ‘Roger Alfred Yoron Modi’ Category


By Roger Alfred Yoron Modi, Kampala, Uganda

Tribute to Isaiah Abraham

Tribute to Isaiah Abraham: The Dark Ages of South Sudan Liberation

Tuesday, September 4, 2018 (PW) — The last week initialed Revitalised-Agreement on the Resolution of the Conflict in South Sudan R-ARCSShas enshrined several legal and institutional reforms to be undertaken but failed short of providing for the improvement of the media sector in the young nation.

Two media laws: The Media Authority Act, 2013; and The Right of Access to Information Act, 2013 badly need reforms to ensure that the ought to be autonomous media regulatory body aka Media Authority, and the information commission operate independent of the executive arm of the government and ensure adherence to democratic principles, human rights law and international best practices.

Media Authority is established, according to the Act, for the regulation, development and promotion of an independent and professional media in South Sudan. (more…)


By Roger Alfred Yoron Modi, Kampala, Uganda

CEPO Fact Sheet on the Signed Khartoum Peace Agreement on the Revitalization of the 2015 ARCSS

Saturday, August 18, 2018 (PW) — After armed conflict erupted in South Sudan in July 2016, one of the main issue of contention that led to the resumption of a full-scale war was the question of whether or not the replacement of Dr. Riek Machar as First Vice President was valid (in line with the Igad-brokered Agreement on the Resolution of the Conflict in South Sudan ARCSS.)

Though the question has not been satisfactorily answered by the relevant authorities up to date, the ongoing Igad-led ARCSS revitalization (Khartoum process) aimed at ending the South Sudan civil war should use the current chance and make clear provisions on the procedures for removal of post holders in the agreed transitional government which shall be formed under the revitalized ARCSS.

The senior post holders in the transitional government to be formed per the revitalized ARCSS include the President, the First Vice President, Four Vice Presidents, Speakers and Deputy Speakers of the two houses of the National Legislature, Members of the Legislative Assembly and Members of the Council of States, National Cabinet Ministers, State Governors, State Members of Parliament and State Cabinet Ministers, etc. (more…)


By Roger Alfred Yoron Modi, Kampala, Uganda

CEPO Fact Sheet on the Signed Khartoum Peace Agreement on the Revitalization of the 2015 ARCSS

Wednesday, August 15, 2018 (PW) — Last week, the National Salvation Front (NAS) which a member of the South Sudan Opposition Alliance SSOA denied that it was party to the Agreement on Outstanding Issues of Governance signed on August 5th in Khartoum, Sudan as part of the Igad-led revitalization of the 2015 ARCSS aimed at ending the civil war in the young nation.

“We demand for federalism because our people in their respective states can organize their livelihood and govern themselves, so this is what we want. But Juba doesn’t want it because they still want to sit on the heads of the South Sudanese people,” the NAS leader Gen. Thomas Cirillo was quoted by Radio Tamazuj as saying. 

Responding to the proposal earlier on August 2nd, Cirillo said “Unfortunately, the current governance proposal prioritizes power sharing over devolution of powers, strengthens and further entrenches the current rotten system in Juba rather than transforming it and defers the question of federalism to a permanent constitution making process that the parties cannot guarantee when this will eventually happen.” (more…)


By Roger Alfred Yoron Modi, Kampala, Uganda

5 vps of south sudan

Saturday, July 28, 2018 (PW) — On Wednesday, South Sudan’s government, the SPLM-IO, Other Political Parties OPP and SSUM, except the South Sudan Opposition Alliance and FDs, initialed an Agreement on Outstanding Issues of Governance in the Sudanese capital Khartoum, as part of the Igad-led High-Level Revitalization Forum HLRF of the 2015 Agreement on the Resolution of the Conflict in South Sudan ARCSS.

The Agreement provides that Salva Kiir shall continue as South Sudan’s President and the Chairman of SPLM/A-IO Dr Riek Machar shall assume the position of the First Vice President. The Agreement further provides that during the Transitional Period there shall be four Vice Presidents of the Republic of South Sudan who shall be nominated by Incumbent TGoNU; SSOA; the Incumbent TGoNU; the FD respectively.

Among others, the Agreement provides that the Council of Ministers shall comprise of 35 ministers and shall be allocated: the Incumbent TGoNU: 20 Ministers. SPLM/A-IO: 09Ministers. SSOA: 03 Ministers. FDs: 02 Ministers. OPP: 0l Minister. According to the Agreement, the parties are “Cognizant that a federal system of government is a popular demand of the people of the Republic of South Sudan and of the need for the Revitalized TGoNU to reflect this demand by way of devolution of more powers and resources to lower levels of government.” (more…)


By Roger Alfred Yoron Modi, Kampala, Uganda

CEPO Fact sheet on the final proposal on outstanding issues on governance

CEPO Fact sheet on the final proposal on outstanding issues on governance

Saturday, July 28, 2018 (PW) — The Agreement initialled by the South Sudan’s government, the SPLM-IO, Other Political Parties OPP and rejected by the South Sudan Opposition Alliance SSOA and FDs, provides that a National Pre–Transitional Committee (NPTC) shall be formed by the President of the Republic of South Sudan within two weeks of signing the Revitalized ARCSS:

The pact dubbed “Agreement on Outstanding Issues of Governance” was signed on Wednesday in the Sudanese capital Khartoum, as part of the Igad-led High-Level Revitalization Forum HLRF of the 2015 Agreement on the Resolution of the Conflict in South Sudan ARCSS.

The Agreement provides that the NPTC shall be formed of ten members representing the Parties: five (5) for the Incumbent TGoNU, two (2) for SLPM/A-IO, one (1) for SSOA, one (1) for FDs, and one (1) for OPP. It says the NPTC shall be chaired by TGoNU representative with two Deputy Chairs to be nominated by SPLM/A-IO and SSOA respectively, and the body shall adopt its decisions by consensus. (more…)


By Roger Alfred Yoron Modi, Kampala, Uganda

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Tuesday, July 17, 2018 (PW) — A Revised Entebbe Proposal released yesterday in Khartoum as part of the Igad-led High Level Revitalization Forum HLRF of the 2015 Agreement on the Resolution of the Conflict in South Sudan ARCSS provides, among others, for creation of Five Vice Presidents, 550 members of a Transitional National Legislative Assembly TNLA and 35 cabinet ministers in the young nation.

First, having a big government is very expensive indeed. But the South Sudan war itself has been very unique in nature and may require a very expensive solution such as the proposed big government. Some opposition and members of the society are calling for a lean government saying the big government in the proposal is very expensive to maintain.

For me, I see their concerns as genuine. However, the latest proposal is also very clear in Article 6.2 that “the high number of members of the Executive and TNLA is agreed to be exceptional and for the purposes of the Transitional Period only. The principle of lean government and an assembly that follows the internationally recognized proportions of population to members of parliament shall be observed beyond the Transitional Period.” So that is taken care of, at least with regards to future government. (more…)


By Roger Alfred Yoron Modi, Kampala, Uganda

CEPO Fact Sheet - The Post Entebbe Power Sharing Proposal

Friday, July 13, 2018 (PW) — Yes, I have high hopes in the expected Nairobi round of Talks between the South Sudanese Parties. To those who may not be knowing the last month’s Summit of the IGAD Assembly of Heads of State and Government decided that President Omar Hassan Al-Bashir of Sudan shall inform President Uhuru Kenyatta of Kenya of the outcome of the discussion between the parties in the Khartoum Talks.

Further, the Summit decided that President Kenyatta will facilitate the third round of face-to-face discussion between President Kiir and Dr Machar in Nairobi “to facilitate the revitalization process and report the outcome and way forward to the upcoming Ordinary Session of the IGAD Assembly of Heads of State and Government.”

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Should the AU, UN takeover South Sudan Peace Process?

By Roger Alfred Yoron Modi, Kampala,Uganda

once-upon-a-time-we-were-united

Wednesday, July 11, 2018 (PW) — Over the weekend, the media widely reported that South Sudan’s warring parties agreed to a power-sharing deal reinstating the leader of the armed opposition (SPLM/A-IO) Dr Riek Machar as First Vice President, quoting Sudan’s foreign minister Al-Dierdiry Ahmed.

“It has been agreed that there will be four vice presidents: the current two vice presidents, plus Riek Machar (who) will assume the position of first vice president, and then the fourth position will be allocated to a woman from the opposition,” AFP quoted Ahmed as saying after last Saturday’s meeting between South Sudan’s government delegation headed by President Kiir and the SPLM/A-IO led by Machar, among others. The Talks which is a continuation of IGAD process aimed at ending the civil war in South Sudan was hosted in Entebbe by Uganda’s President Yoweri Museveni and attended by Sudanese President Omar al-Bashir. (more…)


By Roger Alfred Yoron Modi, Kampala, Uganda

Thursday, June 28, 2018 (PW) — The latest IGAD “Revised Bridging Proposal” on the High-Level Revitalization Forum HLRF of the 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan ARCSS has made a number of provisions (references) on the questions of Federalism and the controversial issue of States number in the youngest nation.

On Federalism, the proposal provides that governance during the next Transitional Period shall be guided by the principles and considerations including “the urgency of responding effectively to the popular demand for a Federal system of government by:

  • Accelerating the devolution of power and resources to local levels of government; and,
  • Undertaking effective consultations and preparations for adopting a Federal system for South Sudan in the Permanent Constitution.”

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By Roger Alfred Yoron Modi, Kampala, Uganda

Sunday, June 24, 2018 (PW) — This week, IGAD released a “Revised Bridging Proposal” on the High-Level Revitalization Forum HLRF of the Agreement on the Resolution of the Conflict in the Republic of South Sudan ARCSS.

The proposal provides that governance during the next Transitional Period shall be guided by principles and considerations including separation of powers and functions between the legislative, executive and judicial arms of government, as well as maintaining effective checks and balances in the exercise of executive power.

The principles and considerations in the “Bridging Proposal” are indeed steps in the right direction. However, they are not enough. More explicit provisos for their effective realization should be included.

The State of Separation of Powers in South Sudan

Separation of Powers is a fundamental doctrine of constitutional law requiring that the executive, legislative, and judicial branches of government be kept separate to prevent abuse of power. The rationale is also to have each branch possessing certain powers so as to check and balance the rest of the branches. No branch is to infringe upon the powers of the other.

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By Roger Alfred Yoron, Kampala, Uganda

Raila and Riek

Former Kenyan PM, Raila Odinga, meeting South Sudanese opposition leader, Riek Machar, in South Africa, in the lead up to the face to face meeting in Khartoum between President Kiir and Dr. Riek Machar

Sunday, June 17, 2018 (PW) — In 2016, President Salva Kiir in a decree relieved Dr. Riel Machar as First Vice President citing powers drawn from Chapter One Article 6 Sub-Article 4 of the Peace Agreement (ARCISS). President Kiir also appointed General Taban Deng Gai First Vice President in a separate decree last evening. Taban has taken taken oath of office as FVP earlier today. His appointment, according to the decree, is based on recommendations of “the Top Leadership of the SPLM/SPLA IO” reached on 23rd July 2016 and Chapter 1 Article 5 Sub-Article 2(4) of the Agreement.

Controversies

Chapter One, Article 6 Sub-Article 5 provides that in the event of temporary absence of the First Vice President, the First Vice President may delegate a senior opposition (IO) minister to the post. Dr. Machar has been absent since Sunday 10th. Isn’t that a temporary absence? Why didn’t he delegate a senior IO minister to act as FVP in line with Article 6.5 of the Agreement?

Couldn’t that have filled the vacuum, avoided the “conspiracy” and kept government business running until when he (Machar) returns to Juba? Probably yes. Or Machar does not trust any of his own ministers? If the answer is “no” to all these, then he might have thought that the “third force” he has called for would have promptly arrived Juba City. (more…)


By Roger Alfred Yoron Modi, Juba, South Sudan

image

Monday, May 14, 2018 (PW) — While declaring the formation of his armed movement in the name of SSUF early last month, the former SPLA chief of general staff, Gen. Paul Malong Awan announced the intention of his newly formed movement to join the South Sudan Opposition Alliance SSOA and to participate in the ARCSS Revitalization Forum HLRF being led led by IGAD.

Gen. Malong further stated that SSUF will be appending their signature “to the addendum to the cessation of hostilities already signed by the other parties.”

-On SSOA’s Membership

SSOA is made up of FDP/SSAF led by Gabriel Changsong Chang, FDs led by Pagan Amum Okiech, NAS led by Gen. Thomas Cirilo Swaka, NDM led by Dr. Lam Akol Ajawin, PDM led by Dr. Hakim Moi, SSLM/A led by Gen. Bapiny Monytuil, SSNMC led by Gov. Joseph B. Bakosoro, SSPM led by Dr. Costello Garang Ring, SSUM/A led by Gen. Peter Gadet Yak and UDRA led by Dr. Gatweth K. Thich.

Membership of the SSOA (according to a document published by Gurtong described as SSOA’s Charter) is “open to any group or persons of standing, which or who are opposed to the regime, abhors the regime’s destructive policies, programs and practices, which or who has accepted to adhere to the objectives, policies and programs of the SSOA.” (more…)


“In South Sudan, owing to a very poor understanding of international principles about constitutions, the President thinks he is the principal author and beneficiary of the Constitution. Many a time, the President becomes the constitution,” partly reads a manifesto of the National Salvation Front, a South Sudanese armed Opposition movement, calling for “crafting and adopting, through a wide consultative process, a modern, democratic, truly federal constitution with institutional checks and balances.”

 By Roger Alfred Yoron Modi, Juba, South Sudan

Kiir and Wani

President Kiir and VP Dr. James Wani Igga, on independent day

August 18, 2017 (SSB) — President Salva Kiir’s recent firing of 14 Judges including justices from South Sudan court of appeal and the high court received intense condemnation from the civil society and members of the legal fraternity who, rightly, see the move as an interference with the independence of the judiciary and administration of justice in world’s youngest nation.

The sacked judges have been on an open-ended strike since early May. Their demands include higher wages and better working conditions, and the resignation of chief justice Chan Reech Madut who they accused of having compromised the independence of the Judiciary.

Some of the Judges who have not been dismissed have vowed to continue with the strike, demanding that president Kiir meets all their demands, including the reinstatement of the 14 sacked Judges or else he should dismiss all of them who are on strike.

“We the general assembly of Justices and Judges across South Sudan, in our urgent meeting held at the Judiciary headquarters in Juba and in all the states, on this 14th day of July, 2017, have resolved to continue with our open strike in solidarity with our honourable dismissed justices and judges until our demands are met,” partly reads a statement by the Judges.

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By Roger Alfred Yoron Modi, Juba, South Sudan

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February 7, 2017 (SSB) — The National Dialogue announced by President Salva Kiir as an initiative to “end violent conflicts in South Sudan, reconstitute national consensus, and save the country from disintegration and usher in a new era of peace, stability and prosperity” is misleading and not within the framework of the Agreement on the Resolution of the Conflict in South Sudan ARCISS as is being purported.

Though this may sound surprising to some if not most, President Kiir has no authority to form any committee under Article 101 (j) of the Transitional Constitution of the Republic of South Sudan TCRSS, the Article he cited in the Republican Order NO.27/2016 for the formation of the National Dialogue Steering Committee.

Under the terms of ARCISS, which ought to prevail over the TCRSS, the power to nominate, appoint and establish independent Commissions, interim and ad hoc Commissions and Committees shall and can only be exercised under:

  1. Chapter One, Article 8 (1) read together with Article 8 (1) (3) which require the President to act in consultation with the First Vice President in order to reach at mutual understanding and agreement. Or
  2. Chapter One, Article 9 (1) (3) read together with Article 9 (1) (3) (2) which give the Council of Ministers, with the agreement of two-thirds (67%) and a quorum of at least twenty-three (23) of its Members present, the authority to decide in the event of a deadlock.

Even if the government would argue that the required consultation was conducted, the fact that the President’s Order has been based on the Article101 (j) simply makes it (the Order) inconsistent with the ARCISS. In other words, a body formed based on the TRCSS, violating the very letter and spirit of the ARCISS, cannot be within the framework of the ARCISS.

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