By Professor/Ambassador David de Chand
I: BACKGROUND OF THE PROBLEM
Sept 27, 2014(Nyamilepedia) — The ongoing aggravating situation in South Sudan has its roots deep prior to the premature announcement by Salva Kiir and his henchmen that there was a military coup d’état attempt against him and accused the former VP Dr. Riek Machar and now the Chairman of the SPLM-in-Opposition (SPLM-in-Op) rebel Movement was its ring leader. Up to this time, the alleged coup d’état attempt against the Dinka dictator in Juba has been disputed a great deal, denied, dismissed as a flawed and rebutted that it did not really happen because there has been no substantive concrete shredded evident or material witnesses to justify the allegations on the coup d’état attempt. On 11 June 2014 President Yuri Museveni whose forces are helping the Government of South Sudan (GOSS) fighting against the rebels has admitted for the first time that “No Coup attempt had occurred in Juba, saying what caused the crisis in mid-December 2013 was simply fighting between the Presidential Guard”. The Ugandan President Museveni added that “fighting erupted when Salva Kiir allegedly ordered the Presidential Guards Commander to disarm ethnically Nuer soldiers amongst the Presidential Guards, sparking the violence and massacres of thousands of thousands of Machar’s Nuer ethnicity in Juba the capitol [Temporary capitol] of South Sudan” This revelation alone has negated the alleged coup d’état attempt as purposefully cheer nonsense, rubbish, unprecedented and stupid indeed to the world and the people of South such a big white lie.
Precisely, the whole affair was probably a skillful scheme or plot strategized by both Dictators Salva Kiir and Yuri Museveni to assassinate the entire senior politicians of the SPLM Political Bureau (SPLM/PB) in the afternoon or the night of 15 December 2013 in the SPLM/PB Conference Hall under the pretext of an aborted military coup d’état attempt in Juba or arrested them all and dragged them into the SPLMA Underground Cells (SPLM/A/UC) to swiftly torture, to humiliate them and to murder them one-by-one prior to the international community knows something clear or anything about the real issues or events that transferred for that. The Ugandan President Museveni admitted further that the Ugandan forces were in and around Juba on 13 December 2013. The question to probe, then, would be like this: what were the UPDF were doing in South Sudan? Were they to abate Salva Kiir in the plot to murder all the 14 senior members of the SPLM/PB, including the former VP Dr. Riek Machar? Nevertheless, the whole scheme went berserk, doomed and gloomed and the Uganda dictator Yuri Museveni completely and totally became demoralized, devastated and admitted before the IGAD mediators on South Sudan conflict that there was no coup d’état attempt against Salva Kiir staged by the former VP Dr. Machar Teny Dhurgeon. Conclusively, it was the most damaging and serious admission of guilt and charge yet that Salva Kiir’s could not stomach because he has been nakedly exposed to the whole world by his closed friend and ally did the damage, thus, made him [Salva Kiir] looks like a big stooge and a big time liar. Specifically, I would be obliged to spin, to twist or to flip over the clock anti-clockwise or backwards to the 1984 when the Anya-Anya II (A-2) under the command of the late Colonel William Abdullah Chuol Deng fought and killed so many Dinka cadres from Bahr-el-Ghazel in revenged for the death of the late Colonel Samuel Gai Tut Bong, President of the Southern Sudan People’s Liberation Movement/Army (SSPLM/A) when the late John Garang swiftly murdered Colonel Samuel Gai Tut abated by the Ethiopian Marxist-Leninist Dirge regime (1974-1991) led by Colonel Mengistu Hale Miriam in March 1984.
As a result, the Dinka power elite have been bragging about revenge against the Nuer nation and its resilient people in Juba. They have said it openly in many public places, bars and pubs that this time around it would not be like the 1984 and the 1991 Bor incident in which the local armed Nuer youth fought and displaced the Dinka Bor in retaliation of the bad deeds that they have done, which they ought not to have done a priori to and in the aftermath of the internal split because of the deeply seated unresolved internal contradictions within the once invincible Marxist-Leninist SPLM/A. Let’s hypothetically assume that Salva Kiir and his cronies, his sycophants, his security henchmen, including his personal Twic Dinka that targeted the Nuer ethnicity for genocide…. as the gravest and the greatest crimes against humanity as defined and adopted by the UNGA resolution 260 (III) A, Paris, France, UN Convention on Genocide on 9 December 1948 and came to effect on12 January 1951. Based on the preceded definition of what occurred in South Sudan shall in its entirety for historical references hereinafter as the 2013 Juba Genocide. Article 2 of the Convention defines as…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
- Killing members of the group;
- Causing serious bodily harm to members of the group;
- Deliberately inflicting on the group conditions of life calculated to bring about destruction in whole or in part;
- Forcibly transferring children of the group to another group.
Article 3 of the Genocide Convention defines the crimes that can be punished under the convention:
- Conspiracy to commit genocide;
- Direct and public incitement to commit genocide;
- Attempt to commit genocide;
- Complicity in genocide.
The background of the UN Convention on Genocide was passed to outlaw actions similar to the Holocaust by Nazi Germany during World War II. Its first draft, including political killings, but the USSR along with some other nations would not accept the actions against groups identified as holding political opinion or social status would constitute genocide as these stipulations were subsequently removed in a political and diplomatic compromise. The Dinka Special Militia under the command of President Salva Kiir, Paul Malong Awan and their accomplices have breached Article 2 and Article 3 of the Convention on 16-17 December in and around Juba town, including the UNMISS Compound. The other breaches of the UN Convention on Genocide the first time that the 1948 enforcement occurred on 2 September 1998 when the International Tribunal for Rwanda found Jean-Paul Akaysu, the former Mayor of a small town in Rwanda, guilty of nine counts (9) of genocide. The lead prosecutor was Pierre-Richard Prosper. Two (2) days later Jean Kambanda became the first head of government to be convicted of genocide. The first state to be found breached of the Genocide Convention was Serbia. In the Bosnia and Herzegovinian v. Serbia and Montenegro case the International Court of Justice (ICJ) presented its judgment on 26 February 2007. It cleared Serbia of direct involvement in genocide during the Bosnian war, but ruled that Serbia did breach international law by failing to prevent the 1995 Srebrenica Genocide; and failing to try or transfer the persons accused of genocide to International Criminal Tribunal on Yugoslavia (ICTY), in order to comply with its obligations under Article I and IV of the Genocide Convention, in particular in respect to General Ratko Mladic. Specifically, Article 4 of the UN Convention on Genocide Prevention and Punishment of the Crime of Genocide (CPPCG) states that “Persons committing genocide or any of the other acts enumerated in Article 3 shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals”. Actually, What transferred on 16-17 December 2013 in Juba town would leave no stone unturned against all public officials in the GOSS and all the fourteen (14) senior members of the SPLM/PB that have been the center of the storm or the crisis on the ongoing conflict in South Sudan. Although the Dinka murdered, genocide, they have failed to defeat the targeted Nuer nationality and have already paid a hefty high price more than enough and have not yet seen anything yet, as well as they should be prepared for the worst to come to come in the weeks, months, a year and years ahead. Based on the firsthand knowledge on the ground, the crisis in South Sudan has been determined as a strategized foreign policy agenda of the superpowers and would not end sooner than expected.
II: THE IMPACT OF THE SPLIT WITHIN THE MARXIST-LENINIST SPLM/A
On 28 August 1991 there was a split within the invincible Marxist-Leninist SPLM/A between the Nuer and the Dinka. It was followed by an intense ferocious and bloody inter-factional, inter-ethnic and intra-ethnic fighting between the followers of the newly infantile formed Nasir faction led by Dr. Riek Machar and the SPLM/A Torit faction led by the late Dr. John Garang. The split within the Movement was followed in October 1991 by the Bor Incident when the armed Nuer youth invaded and occupied Bor District and displaced many Dinka Bor because of the past atrocities that they have done, which they ought not to have done. Many of the Dinka Bor people did not only become internally displaced persons (IDPs), but they were also looted in retributions against the atrocities, which they committed against the innocent Nuer nationality or ethnicity by the Dinka Bor Officers in the SPLM/A in which the late John Garang failed to undertake any significant leadership responsibility, gave negative actions, ignored such serious atrocities, pledged no offered of compensations as the ultimate to all those that have lost their loved ones and property. The aforesaid incidents or circumstances could not be ruled out as some of the outstanding prima facie rather than epso facto root causes of the deeply seated ongoing civil war or as if Dinka-Nuer tribal warfare for power and control and the 16-17 December 2013 Juba Genocide in which more than targeted 20,000-30,000 plus innocent Nuer ethnicity or nationality mostly women, children, students, professionals and artists were murdered in cold blood by the combined Salva Kiir and Paul Malong Awan “Special Militia” otherwise known as Aget Weng, Bany Adut, Malwal Anyuol, Malwal Anyier who speak no any other languages except the Twic Dinka from Warrap State and Aweil in Northern Bahr-el-Ghazel State, respectively.
It was without the shadow of a doubt, that the eight (8) months old civil war has triggered so many hardships to so many people throughout the country. According to Daniel Booth, US Special Envoy to Sudan and South Sudan stated it that already 3.8 million people are at the point of experiencing food insecurity; 1.5-2.5 million people have been forced out of their homes as a result of the eight months old conflict in South Sudan. It has also caused more than 300,000 or five times plus people or souls displaced into the neighboring African countries of Uganda, Kenya, Ethiopia and the Republic of Sudan. We have refugees and the IDPs in both Sudan and Ethiopia compared to both Uganda and Kenya. Based on our Data Base Statistics in the ROS, we have already registered more than 1.5million-2.5 million people from all the spectrum of different ethnicities and nationalities have been registered and accounted for in Sudan alone. These people have been faced with only one big problem, but solvable problem- the Government of Sudan (GOS) denies them the right to refugees status to South Sudanese and the rights to become declared as refugees as required by international law under the 1953 Geneva Convention on refugees and other United Nations High Commissioner for Refugees (UNHCR) resolutions and protocols. The denial of refugees’ status to South Sudanese in the Republic of Sudan would have an impact on providing services, education, food security and healthcare that could be provided them by the UNHCR in the ROS. However, all South Sudanese are qualified to be in ROS under the Four (4) Freedoms* signed by Juba-Khartoum on 28 September 2012 in Addis-Ababa, Ethiopia. As members of South Sudan Community (SSC) in the ROS, we shall be obliged to present the case before the GOS to give recognition of the UNHCR refugees status to South Sudanese refugees and IDPs in the country of Sudan compared to the Ethiopian and Eritreans and others from the Arab countries, vis-à-vis, Palestine, Egypt and Syria. We concurred and agreed with the GOS claims that they are Sudanese citizens by birthright, but they have no legal rights to work, to education and the police authorities directly or indirectly considered them as “aliens” and treated them as such or “refugees” from South Sudan even tough they Sudanese by birthrights. Further, it has been a direct way of denying them the UN refugee status, benefits and other humanitarian assistant to flow in to assist these unfortunate and distressed people because of the eight months old war in their homeland, unfortunately. Most importantly, the GOS wanted the entire humanitarian relief assistant to be channeled through the Islamic Relief Organizations (IROs) throughout the country.
III: SALVA KIIR’S CLAIMS OF A COUP ATTEMPT SPARKED CONFLICT
Salva Kiir utilized the occasion of the alleged failed coup d’état attempt was a pretext to avenge the past death of many Dinka cadres in 1984 and 1991, respectively. Both Dinka Bor and Twic Dinka of Bahr-el-Ghazel power elite in Juba have been bragging openly about revenge by warning and telling the Nuer power elite that things would not be the same as they were in 1984 and 1991, respectively. Hence, the overnight fighting within the Tiger Headquarters Barracks of the Presidential Guards in Juba on 15-16.12.2013 in which almost all of Salva Kiir’s guards were smashed, killed, wounded, annihilated, disseminated and almost wipe out of history. Through frustration and dismay, he (Salva Kiir) as the President of South Sudan committed a historical blunder that he would not forget in his lifetime by ordering his Twic Dinka “Special Militia” to retaliate or to avenge the death of the Presidential Guards to go out of the way to kill all innocent Nuer civilians’ population in Juba by dragging them out of their homes, bungalows, hotels, cafés, work places, businesses, and government offices. This hasty decision-making was a historical blunder and the most miscalculated decision that Salva Kiir ever made in his lifetime, unfortunately. Let us assume that President Kiir did not give premature orders to his “Special Militia” to kill or to genocide all the targeted innocent Nuer civilians’ population as a “final solution” in whole or in part, and ran only after the SPLM/PB political leaders, including the former VP Dr. Machar, there would have been no outbreak of an intense and dangerous civil war in Africa’s young state in South Sudan. All the Nuer people have been outraged about the Dinka leadership because of the bloody wrong decision-makings undertaken by the Dinka dictator Salva Kiir’s to his Special Militia that he gave them orders to go all the way out to genocide, mass killings targeting the Nuer nation and its resilient people as “final solution” in whole in part. Briefly, the civil war has been about the provoked situation by the President’s ‘Special Militia’ to have committed the crime of genocide against the Nuer folks and to avenge their loved ones who died in cold blood in Juba Genocide on 16-17 December 2013, respectively.
As I see it, it would be pretty nasty, bloody and the longest civil war because no one would have the guts and gusto to restraint the ferocious fighting Nuers in South Sudan, including the Chairman of the SPLM-in-Opposition would not have the luxury as he once had in the 1991 split followed by the Bor Incident in October of the same year instant. However, because we’re committed to peace, we would do whatever it takes to stop the bloodshed if and when the other side of the SPLM under the control of Salva Kiir would reciprocate such a gesture and to make sure that those who perpetrated this war and genocide be apprehended and brought to justice and the sooner would be the better for the warring parties. We urge and appeal to the international community to help us achieve cessation of hostilities, cease-fire and to begin a negotiated comprehensive peace process in South Sudan. In addition, the international community if its desire is peace must and ought to halt the importation of massive small arms or non-lethal weapons from the People’s Republic of China (PRC) into South Sudan because such importation of arms would surely escalate tensions rather than de-escalating such tensions or to create détente (reduction of tensions) and a political conducive atmosphere for a permanent and durable peace settlement. However, as long as the foreign forces- mainly UPDF, mercenaries and Soldiers of Fortune (SF) continuing being stationed inside South Sudan, it would take two to tango and the pre-requisite would be to withdraw all foreign forces-mainly UPDF, mercenaries and Soldiers of Fortune immediately and without any pre-conditions or quid-pro-quos as sine-qua-non to peace and conflict resolution in South Sudan. Before we could proceed, I would be obliged to make it clear at the outset that the attainment of peace does not mean a return to Salva Kiir. As far as I am concerned, South Sudan would not be same because it has become a failed state and should disintegrate like what happens in the former Yugoslavia, the Island nation of Cyprus that divided into two- mini-states, vis-à-vis, the Greco-Cypriot on the west of the Island nation of Cyprus and the Turkish-Cypriot on eastern Island nation of Cyprus.
The people of Great Upper Nile should soon declare their future and the present status and the demand of the right to self-determination to become and independent and sovereign de jure state. This is a red line and non-negotiable item. As an expert in the field of federalism and as a master’s holder in same field of public administration and public policy, Dr. Machar is a free man to preach his newly born federal system that means many things to different people nowadays. There is no time for federalism, but there is time for the right to self-determination. Let us assume that the SPLM under Salva Kiir in Juba and the SPLM-in-Opposition under Dr. Riek Machar’s in exile were to be reconciled would that mean the end of the war? Affirmatively, NO, NO and NO, but the war would continue. This war would stop only and only when Salva Kiir would give an appropriate political and legal explication of targeting the Nuer citizens for Genocide— as the gravest and the greatest crimes against humanity as defined by the UN Genocide Convention in December 1948 and came to effect on 12 January 1951. The Juba Genocide has already drawn a wrench between the Nuer and the Dinka forever and nothing at all on this planet shall reunite the Nuer folks with the Dinka folks. They shall and will remain mortal enemies and what happened in Juba, let us make no mistakes or bones about it would be avenged effectively and decisively. As an intellectual, with some of my loved ones killed in Juba, I cannot consciously and sub-consciously allude to or to say that the Nuer people can reunite with the Dinka. It would be great that the Dinka and the Nuer peoples live separately like in Palestine between the Jews and the Arabs and in the tiny Island nation of Cyprus that has been divided into two mini-states of the Greco-Cypriots on the West side and the Turkish- Cypriots on the East side of the island and Yugoslavia that divided into seven (7) nation-states. If there would be anyone on the planet that would assume that the Nuer and the Dinka would reunite, I would say to them loud and clear that they have got to be kidding me and themselves because such a union would not happen now, tomorrow and forever. If Dr. Machar’s federalism eludes reunification of South Sudan, my gash, he has already missed the point, off tangent and would go it alone as a lone ranger in the wilderness. We would not allow the repeat of 1991-1997 and 2002 when Dr. Machar’s abandoned his disciples or followers and left them as if “headless” and ran to Nairobi without even informing them of what was happening in the so-called Nairobi Declaration on 7 January 2002 with the late Dr. John Garang. I heard the announcement of the so-called Nairobi Agreement between Dr. Machar and Dr. John Garang over the airwaves and the television or the Tube whilst I was attending the birth of son Alexander in one of the Royal Hospitals in The Hague, The Netherlands, on 7 January 2002 before we returned to the US with my family. There was no doubt that Dr. Machar’s acted at times like an political opportunist, foxy, frenzy, the vulture and the hyena and does not seek any advice from anyone closer to him at all. We would assume that this unilateral decision-making often undertaken by Dr. Machar’s could tantamount to autocracy, selfishness, oligarchic, authoritarian and non-benevolence dictatorship in which he (Dr. Machar) that would mark Machar’s as being no different from Salva and John Garang that he had often accused of being dictators. How about Dr. Machar’s status? We have become wiser, mature and learned the hard way and this time around no one would ever be fooled by anyone no more. We have acquired the art of the game and Dr. Machar’s would have to listen to the voiceless majority who have been neither supportive Dr. Machar’s fluting on federal concept that has not been a new paradigm shift and outside of his short live limelight orbit nor a strategize new frame of reference (worldview) for that. As peace activists and wise men and women, we would do our very best in creating political conducive atmosphere to deal with Salva Kiir to come to terms to the peace table or else it could be too late for the Dinka to conquer the fighting Nuers in South Sudan. The Bible teaches us all that “Blessed are the peace makers for they shall be called the children of God” (Mathew5: 8) and we are determined to achieve ‘peace’ in South Sudan and no matter what happens. This is a promise to the beloved people of South Sudan and Africa. It should be realized that peace means no returns to both either Salva Kirr or Dr. Machar because both men hands have been filled to the limit with blood for the sake of power that corrupts and more power corrupts more. We would prefer that both men have already made big cash and they should get the hell out of the way because no people would follow them no more in South Sudan. Even though when they (Mchar and Kiiir) would be living luxuriously in the political limelight scene, South Sudan would never ever be the same. It must and ought to be disintegrating into three (3) states like in Cyprus, vis-à-vis, the Greater Bahr-el-Ghazel region, the Greater Equatoria region and the Greater Upper Nile region the oil and gas hub of Sudan and South Sudan in particular. It would be in the best interests of all concerned that each region should fan out for itself and God for all because there are any iota things or cultural things that would unite the three regions in the future and the present.
IV: THE SPLA ARMY CAPOTE
The SPLA is now capote because of definitively defections, killings was comprised 75% Nuer nationality that refused to participate per orders of the General Staff under the Command of the former SPLA Chief of Staff, Lt.-General James Gathoth Mai Nyuoth. Realistically, the SPLA has not been a national army. Rather, it has been a patty’s army and there has been no changed in the status quo ante, it remains the same in favor of the fighting Nuers. They have killed many more Dinka cadres compared to the 1984 and 1991 that they had been bragging about in Juba bars. Nowadays, the Nuer White Army or the Naadth–Nuer Defense Forces (NNDF), the Mobile Forces or the Marines, the South Sudan National Revolutionary Army (SSNRA), the South Sudan Liberation Army (SSLA) and the South Sudan Defense Forces (SSDF) as components of the South Sudan Revolutionary Forces (SSRF) that had been the main opposition to the SPLM prior to the inter-party split within the SPLM ruling party in mid-December 2013, thus, leading to this ongoing aggravating situation in South Sudan. The fighting forces helping the GOSS arte UPDF, mercenaries. Soldiers of Fortune (SF), JEM led by Jibril Khalil, SRF led by Abdul Aziz Al-Hilo and the SPLM/A-North (SPLM/A-N) led by Malik Aggar and the conjoint Uganda-Rwanda-M-23 defeated recently in mineral rich Eastern Democratic Republic of the Congo (The D.R. Congo) and other hired for money mercenaries in the IGAD countries- less Sudan, Ethiopia and Djibouti such as Tanzania and Zimbabwe. In other words, the Nuer nationality since mid-December 2013 has been engaged fighting almost all East and Central African countries.****8***
V: THE OUTBREAK OF THE CIVIL WAR
The outbreak of the civil war in South Sudan has not been about the split within the ruling party and all that jazz, but it has targeted the Nuer nationality for extermination as a “final solution” in whole or in part. Genocide… as the gravest and the greatest crimes against humanity as defined by the UN Convention on Genocide in December 1949 and that came to effect in January 1951. Up to this time Salva Kiir and is henchmen have not grasped the seriousness and the gravity of the crime that they have committed against innocent civilians’ population who had nothing to do at all with the so-called failed attempted coup d’état under international law, international humanitarian law and human rights violations. Before the international law creeps into the investigation of the said crime already committed by the Presidential “Special Militia” in Juba, the Nuer nation and its resilient people would have no choice, but to avenge the death of their loved ones in the Juba Genocide perpetrated by Salva Kiir and his henchmen on 16-17 December 2013. This crime would have a very serious outcome against the Dinka in the Heartland of the Dinka country in Bahr-el-Ghazel. Assuredly, there would be no safe place for the Dinka folks to run and to hide and they should not blame the ferocious fighting Nuers for what would follow. Salva Kiir should be charged for being the co-perpetrator pursuant to Articles 25(3) (a) of the Rome Statute for the crimes against humanity of murder (Article 7(1) (a); deportation or forcible transfer of the Nuer people from their dwellings to seek refuge and safety at the UNMISS Compounds (Article 7 (1) (d); rape (Article 7 (1) (g); and other human right violations, atrocities and other heinous crimes committed against humanity under (Article 7 (1) (K). There could be also further serious charges to be brought forward against the entire SPLM failed leadership in Juba that this research would adequately address through the social sciences research variables, political, legal, scientific, methodological, epistemological, sociological, and philosophical research. This peace research paper would leave no stone unturned. We would go deep and deeper into what happened in Africa’s youngest state in South Sudan with the aim of finding a feasible political solution and to stop the ongoing bloodshed, pain, suffering and mental anguish to millions of people who have been deliberately and willfully forced by their own government to become refugees, hundreds of thousands to become internally displaced (IDPs) and many hundreds of thousands more have become below the poverty level and virtually living like-less human beings in the most filthiest and the dirtiest environments and inadequately the least conducive and unfair social human living conditions or acceptable standards to say the least..
VI: OBJECTIVE OF THE RESEARCH
The research would present comprehensive, inclusive, fair, transparent, accountable and fact-findings that would show that all parties to the conflict have been either guilty or not guilty of sorts to be prosecuted to the fullest to the law. Nevertheless, this proposal assumes that “all the parties to the conflict are presumed to be innocent until we unearth substantive evident to corroborate them in the crimes against humanity by their peers or by a jury or to plead guilty to the crime and complicity of the said crime as charged”. The United Nations Mission in South Sudan (UNMISS), should be commented and award merit and meritocracy for having gone out of it way and the call of duty in providing protection to all those who needed it most from the President Salva Kiir “Special Militia” aggressions and wanton murders of the survivors of the Juba Genocide on 16-17 December 2013, respectively. Thousands of Southerners have been forced to seek refuge in the UNMISS Compounds ever since the beginning of this human tragedy would provided vital and vibrant information that would be collected through interrogations of the Juba Genocide survivors and the ordinary citizens, including possibly issuing subpoenas to some officials in Juba to testify under oath in providing the real physical evident that could be utilized in the research as material witnesses against the SPLM ruling party leadership and its inducement of foreign intervention- mainly- Uganda People’s Defense Forces (UPDF), Uganda Air Force (UAF) and its dropping of larges sorties or salvos of the most deadly Cluster bombs, Napalms bombs, Phosphorus bombs and utilized other biochemical weapons, including the use of Uranium depleted bullets internationally banned in any kind of warfare.
The research would assume hypothetically that the SPLM leadership did commit the crime of genocide deliberately, willfully and knowingly of what it was doing. It targeted the Nuer nationality, ethnicity or a race for extermination as a “final solution” in whole or in part. Nevertheless, it should be presumed innocent until proven guilty in the court of law or pleaded guilty to the crime as charged to face the consequences of their actions in the long terms imprisonment in Penitentiary Prisons with or with paroles. As an intellectual, a Nuer nationality and an academic, my native Nuer Customary Law and its Criminal Procedure do not believe in the capital punishment, but big compensations of the deceased or the Plaintiff. From the time of immoral the Nuer society or political culture has been freed capital punishment society in Africa and more than in Europe that abolished the capital punishment in recent years. This was raison d’être of the Anglo-Nuer War when the British colonial government introduced the Anglo-Indian Laws that involved or incorporated the capital punishment by hanging instead of compensation as that has been the norm and the tradition for generations in the Nuerland. The Nuer Customary Law has been unreceptive to the death penalty or the capital punishment as it was implemented or carried out in many Western European societies, including North America and wherever Europeanization occurred before the de-colonization period in the 1960s and beyond. The Nuer political culture does not support any idea of capital punishment for generations and transmitted it to the next compared to Europe that abolished it in recent years and that leaves the US to be the only remaining civilized and technologically advanced society still applying capital punishment. The Nuer nation and its people have always considered any capital punishment otherwise known in the Nuer Customary law as “Ngap” (hanging) and in accordance with the Nuer faith-based political culture, its tantamount to murder and has been surely against God’s will. They believe that man or anyone has no right to take away life that he/she cannot return with the exception of the creator who molded it in his own image to take it away at any time once it has been signed sealed and delivered by the Omnipotent and the Omnipresent, Alpha and the Omega, The Beginning and The End-meaning in the Nuer Language- “e ma boum e loong, Tuok hoa kene piek hoa ke lieu”.
Let us not make a mistake that the outbreak of the ongoing civil war has been fingers triggered about by the split within the SPLM ruling party, President, Vice President and the newly suggested non-existence position of the Prime Minister in the transitional South Sudan Constitution. It could also be assumed that it was a calculated meticulous plan to be implemented to commit the crime of genocide about wanton mass killings and genocide committed against targeted Nuer nation, its gallant, resilient and brave people for extermination as a “final solution” in whole or in part. The Nuer nation would neither be deterred nor frightened by the 15,16 and 17 December 2013 Juba Genocide, but it would make the Nuer people to become vigorously and strongly United more than ever to declare the Second Nuer Revolution against the Dinka compared to the Nuer First Revolution or the Anglo-Nuer War declared against the British colonialism that lasted for 30 long and bittersweet years (1900-1930) that made the Nuer nationality to become as one of the outstanding nationalities that successfully resisted British colonialism and imperialism in Sudan and South Sudan in particular. It was not colonized by the British in Africa and governed through the “Indirect Rule and the “Native Administration” in the Anglophone Africa. In addition, piece of information that would be of interest to the readers was that the British colonial government in South Sudan gassed the Nuer people with biochemical gasses in 1915-1920 in the same period that the UK was testing the gas effect on the Anglo-Indian soldiers in the Sub-Continent.
Furthermore, the Nuer nation never submitted to the British suzerainty contrary to what the Euro-centric authors, i.e., Seligman and Seligman, Douglas Johnson and Hutchinson proclaimed that the Nuer submitted after being bombarded by the British Royal Air Force (RAF) in 1924, 1926, 1928 and 1929 that was followed by a peace treaty between the British colonial government and the Nuer nation in Southern Sudan in 1930. Based on my research as a Nuer intellectual and a bona fide scholar and an academic in several US Universities and Colleges, including Europe and Africa, who understands pretty well the Nuer oral and written history, the Euro-centric scholars mostly white scholars, i.e., Seligman and Seligman, Douglas Johnson, Sharon Hutchinson and Professor Robert Collins have been constantly biased and prejudiced in their scholarly works and do not admit that a Black man could defeat a European in warfare. Evidently, there was no shredded evident to indicate that the Nuer surrendered to the British colonial rule or defeated as a result of the bombardments by the RAF and no matter how savage they were as acclaimed by the Euro-centric scholars, such could not have been the reasons for the Nuer nation to surrender to the UK colonial rule. The Nuer opted to remain unreceptive to the British colonial rule until the end. Although the British left the Nuer people undereducated and the least developed because the British barred the Nuer from professions such as, the Armed Forces and Police, civil servants to enter universities in large numbers compared to other tribes that it subdued or submitted, We do feel pretty proud that our forefathers resisted the British until the end of the colonial era. Nowadays, the Nuers through their bootstraps have made a great leap forward. In South Sudan today, the Nuer nation has produced the best and the brightest in all fields of human endeavors and the Nuer nation has been blessed by God with oilfields and gas fields whether that is a curse or a blessing in disguise remains to seen in the future and the present. This concept of defeat and surrender has been rubbished and no shredded evident to support such a claim in contemporary political and military history of European conquests and colonization of other nations and peoples around the world because the Europeans, per se, have been defeated in Africa during the era of their colonial adventure and the scramble for Black Africa in the post-1884-1885 Berlin Conference that divided Africa amongst the European colonial powers like a Birthday Cake and without the African participation in this unprecedented, illegal, unfair and scrupulous divisions, demarcation of the inherited colonial boundaries, glued and amalgamated modern nation-states in Sub-Saharan Africa against their free will and consent. The Nuer nation was ruled through the “Indirect Rule” developed by Lord Henry Lugar in the Northern Emirates of Nigeria in the 1900s that became the standardized British colonial policy in all ex-colonies in Sub-Saharan Africa.
VII: MALAKAL, BENTIU, BOR AND GERGER GENOCIDE
Reckoning that genocide has occurred in Juba, it also happened in Bor, Bentiu, Malakal, Gerger and Renk in northern Upper Nile State, the Nuer would retaliate with all its might against those that provoked this aggravating situation and the mess in the first place and they would pay a pretty hefty prize until they would submit and recognize that what they did was wrong and inhumane. The Nuer would strike whenever, wherever, however, at anywhere and at any time and place of their choosing. As regard to the minority communities that have been deceived, manipulated, dragged, entangled and sucked into this dangerous path, back aisle and corridor in this volatile Nuer-Dinka warfare, they should only blame their leaders of the future and the present consequences of this war rather than the Nuer and the Dinka leaders as the two rivalries groups and the most affected communities. The Shilluk Community in Upper Nile State as a minority community should, for instance, channel their blames and complaints against the Shilluk leaders, i.e., Dr. Lam Akol Ajawien, Pagan Amoum, and the Reth of the Shilluk in his capacity as both the spiritual and temporal leader of all the Shilluk people and no Shilluk people above the Reth (King of the Shilluk), the notorious General Johnson Olouch, General Oyuk and other Shilluk leaders of the like-minds that have been deceived and co-opted to join Salva Kiir’s genocidal war and extermination scheme as a “final solution” against the Nuer nation and its resilient people in whole or in part. Another group such as the Dinka Abilang minority community in northern Upper Nile State should not have allowed itself to be dragged and sucked into this conflict that would have catastrophic outcome because it would be to their detriment and socio-political disadvantage because the outcome of their actions against the Nuer nation that never had any conflict or enmity with it, would make life becoming much more difficult and much miserable for them greater than ever. My word of advice to the Shilluk and Dinka Abilang minority communities should be that “They should not play with tiger or the elephant if they are not ready to fight that tiger or that big elephant as well”. They should have not messed up with the Nuer nationality that they could not fight even if all the Dinka were to be united against it; they would be defeated sooner rather than later by the ferocious fighting Nuers. The Nuer shall prevail in this war and the Dinka would demise at the end of this perpetrated genocidal war, war crimes, crimes against humanity, human rights abuses and other atrocities and heinous crimes against humanity and human rights violations throughout South Sudan. They could be annihilated and extinct to become statistics.
In summation, any outcome of the ongoing politico-military solution would have to be determined only by the warring parties or communities or the two (2) largest nationalities that have been at loggerhead for the past eight (8) months of warfare. The minority groups that have not been affected by this ongoing war should neither be interfering nor take sides, but should remain ‘neutral’ as much as possible because that could be a drag neck and detrimental for their survival at the end of this civil war in South Sudan. We do not have any conception time frame as to when this war would end. It could take years with a minimum of 5-year to 10-year as the maximum period. We, therefore, urge and appeal to the minority communities leaders, social and community activists to keep out and not to allow themselves to be sucked, dragged and entangled in this dangerous civil war otherwise they could become squeezed, smashed, disseminated, annihilated or exterminated in whole or in part for no good apparent and sufficient reasons except what president Jack Chirac called “superhuman foolishness” in the midst of these two (2) fighting giants in South Sudan. For those Shilluk and the Abilang communities and Sub-communities that have or have not been involved on either side of the war, I have no power to protect them because the Nuer folks would assume that they were accomplices to crimes committed against the Nuer people, that have killed their loved ones, including Renk County Chief of Police, Lt. Colonel Tut Jal Wour.
VIII: THE MURDER OF THE CHIEF OF POLICE IN RENK
Lt. Colonel Tut Jal Wour who went out of the way and beyond the call of duty, love for the country and its people, duty and country, service to the community, leadership, and responsibility and loyalty to provide service to all his folks in Renk District, Upper Nile State regardless of ethnicity, tribes, gender, religion, creed and national origin to provide them all equal protection for all his people in the county or the District before God Almighty and the law. Lt. Colonel Jal Wour was murdered without any probable offense committed except that he was the Chief of Police and was of the Nuer nationality in the broad day light by the so-called Abilang White Army (AWA) in performing his policing duties and responsibilities in providing protection to all of his people and his corpses or the cadaver was tied onto a truck dragged and raced in the streets in and around the City of Renk by his abductors and killers the so-called Abilang’s White Army and later on his corpse was dumped into the White Nile River like a dog to be fed the wild crocodiles with in White Nile River. (May is soul rest in peace). Who is to blame in this capital offense or this man slaughter offense or crime committed against humanity in Renk City? Surely, the so-called Abilang White Army would be held accounted for and they would all be one way or the other would volunteer the names of those of their colleagues who committed such a gruesome offense or crime and they would all face the consequences of their actions in full before the law. This proposed peace research position paper would also investigate the unfortunate death of the Chief of Police and the circumstances involved in this tragedy. The so-called Abilang White Army survivors would have to cooperate to give full details evident, the forensic circumstances of death and to identify the killers dead or alive and who gave them orders to murder the Chief of Police and other innocent Nuer citizens of the Upper Nile State in the Cities of Gerger, Renk and other towns alike. As the African adage goes that “when two elephants fight, the grass get hurts”. My advice and consolation to the minority communities in both Greater Upper Nile and Greater Bahr-el-Ghazel regions is that they should get out of the way from being sucked into the Nuer-Dinka schism because they could get caught in the grapevines, terribly gets hurt such that they would not recover from the losses they would incur in the future and the present. The Reth of the Shilluk (King of the Shilluk) failed to restraint his subjects not to have launched premature attacks against the Nuer folks because they have been misled and now to critically rethink their involvement and actions because the Nuer White Army otherwise known as the Nuer White Army (NWA) would act according to the plan before this great rainy season is over. The NWA has neither enmity against the Shilluk nor with the minority neither Dinka Abilang nor any another minority groups, i.e., Fallatahni (Hausa) Nomad Community, Kerkerni or Jur Mathiang (Jallabni) Arabized Muslim North community, including other minority communities within the Upper Nile State that is a Nuer majority state and their premature actions against the Nuer folks majority would have to be studied and to be adequately understood the motives of their human rights protection and criminal offenses that they have committed against Nuer majority in the State of Upper Nile State.
IX: THE SEARCH FOR PEACEFUL AND POLITICAL CONFLICT RESOLUTION OF THE CIVIL WAR IN SOUTH SUDAN
The search for peaceful and political conflict resolution on the civil war or as if a tribal warfare would be no one person or one community job or business, but it should become collective responsibility of all the communities in South Sudan mostly in the war affected areas. The Nuer-Dinka leaders should bear full responsibility to stop the killings, genocide and mass massacres. It would require change of negative perceptions, negative attitudes, stubbornness, arrogant behavior and ill-wind social responsibility and that all people in South Sudan are born equal, to live free, and to die free. They were not predestined to fight each other for the sake of power, dialectic materialism, ethnocentric (tribal) hatred, extreme backwardness and the historic cattle rustling feuds, biases and prejudices and social animosities. Cognizant that the ongoing civil war as if a tribal warfare in South Sudan has already caused great pain, suffering and mental anguish; there is a need to undertake a critical and strategic rapprochement for peaceful and political conflict resolution. South Sudanese as a whole should reckon that this war would consume them all or they would have to consume it by stopping it right now for peace sake for that. The US president John said, he that “Mankind must put an end to war before war puts an end to mankind”. In the same vein, I would like to say to the people of South Sudan and their stupid and non-visionary leaders that they must put an end to war before war puts an end to them. There could be absolute victory in war. The Chinese General on the Art of War puts it that “Victorious warriors win first and then go to war, while defeated warriors go to war to win. This is exactly what Salva Kiir and Paul Malong Awan have not been victorious warrior have thought to win first, whilst they have been defeated warriors, they decided to go to war first and then seek to win. There could be no decisive military victory by either side because they are already in a military stalemate. War by its very nature, is destructive, devilish, divisive and no solution to human conflicts, but it has been used to bring pressure points to bring to bear on either party to come on to the conflict as sine qua non to peace and to negotiate peaceful and political conflict resolution as the “final solution” of all wars. War is hell; destructive and great generals neither prefer talking about it nor preferred to utilize it as a top priority, but as the last resort or option after having exhausted every available shuttle diplomacy means possible. Most often war is an inducement to talk about peace, reconstruction, reconciliation and restoration of relations between the warring parties or countries. The whole gambit and focus in international geopolitical relations is that if you wanted peace be prepared for war and if you wanted war be preferred for peace. This peace research project would investigate the historical dichotomy, dynamic and unique root causes of the ongoing civil war in South Sudan and the search for a way out of this dangerous dilemma and debacle or schism before it could escalate to the point of no return.
X: PEACE VS.WAR: SOCIAL TOLERANCE VS. SOCIAL INTOLERANCE
The people of South Sudan should know that peace is better than war and social tolerance in greater than social intolerance, physical extermination and annihilation of each other in the land of their birthright would be more devastating that they could imagine in the world. Most importantly, the longest armed struggle of the right to self-determination has become meaningless and those that stood for united, culturally diverse, multiculturalism and shared federal system with the basic principles of self-rule and shared rule between the North and South normally premised or witnessed in formal federal arrangements have been proven to be right to have said so. This proposed peace research project would also study the issue of reunification of the country under a shared federal system although this might not have matrix political preference or high propensity, the establishment of a federal system in South Sudan proposed by the old guards under the tutelage of the late Buth Dieu, one of the thirteen (13) members of the Legislative Assembly from the South, raised the issue of federalism between the North and South. Buth Dieu stood in protest against the manner in which the de-colonization process was proceeding without the realization of the constitutional safeguards. He (Buth) threatened that “If Northern Sudanese insisted on self-government, then, the South should only be connected with the North on federal basis”. The fisaco1947 Juba Conference later on became known to many Southerners as the Abomination Conference, the demand for a federal system of government ever since have been reiterated by Dr. Riek Machar and the Nuer intellectuals, including the author of this proposed peace research project and swiftly seconded by “The Equatoria Declaration: A call to Action” on 9 July 2014 or the newly independent and sovereign pre-born and pre-failed would have to undergo spiral downwards towards total and complete collapse and disastrous national disintegration in South Sudan for each region to fan out for itself and God Almighty for all as that was the case in the re-division of the Southern Sudan into three (3) autonomous regions under the late Field Marshal Gaffer Mohamed El-Nueimeri of May regime (1969-1985). The search for peace, the promotion of peace culture, reconciliation, forgiveness, but not to forget the past, would require deepening soul searching from South Sudan Government (GOSS) leadership, the people, the civil society and all the communities’ thereunto. We should recognize that we are in this together and the solution, therefore, would not be attained by some magically without putting hard labor, determination, motivation and with concerted efforts, the political will, guts and gusto as well as the deployment of traditional and modern mechanisms for sound and feasible peaceful and political conflict resolution. As both the Holy Bible teaches Christians that “Blessed are the Perace makers for they shall be called the children of God (Mathew 5:8) and in the Holy Qur’an also teaches us the same verse. We should all become vigilante about the roadmap to peace-making and peace-building in South Sudan.
XII: FEDERALISM: WHAT IT IS?
Since the outbreak of the civil war or as if a tribal warfare in South Sudan more than eight (8) months ago, Dr. Riek Machar revisited and revived the idea of federal system in South Sudan and many people of like-minds have already subscribed to join the queue or the van wagon without any questions being asked on what federalism is all about, it cost benefits, advantages and disadvantages, what are the setbacks or draw backs of establishing federalism? Federalism has been a political sloganeering advanced by the non-ruling groups from the periphery- mainly from Southern Sudan- in the yester years of a united Sudan prior to the split of the country through an internationally supervised referendum scheduled on 9 January 2011. As I see it, micro-macroscopically, federal principles have been concerned with the combinations of self-rule and share-rule. In the broadest sense, federalism involves the linkage of individuals, groups and politics in lasting, but limited union in such a way as to provide common ends whilst maintaining the respective integrities of all parties. As a realistic political principle, federalism has got to do with the constitutional diffusion of power so that the constituting elements in a federal arrangements involving self-rule, share-rule and collective bargaining in the process of common policy decision-making, adjudication of administration and social justice by right, whilst the activities of the government are in such a way as to maintain their respective integrities. In reality, federal systems do this by the constitutionally distributing power between and amongst general and constituent governing bodies in a manner designed to protect the existence and authority of all. This means that the states or the peripheries would be requirement in principle to surrender certain powers to the center such that each one would possess its domain and without interference of each other domain. This is one of the best characters of a shared federal system similar to the system of governance in the United States of America at the present.
As a rule of thumb in all normal structured federal systems, basic policies are made and implemented through direct negotiations and collective bargaining in some forms so that all participants could share freely in the system’s decision-making and executing processes. Many Euro-centric political philosophers, political scientists, theologians and political theorists in the Western industrialized nation-states, have studied and concluded that federalism traced it roots in the Holy Bible (Bok Kouth Nhial) and the Muslims would also trace it to the Holy Qur’an (Koran). Theologians utilized the term for theological purposes, to vividly define the partnership between humans and God described in the Bible, the Quran and the Torah that gave the idea of a conventional (or federal) relationship between individuals leading to the formation of a body politics. The term federal has its roots derived from the Latin “foedus”- that means a covenant or in the Nuer language known as Duol. In essence, a federal system is formed of partnership (matti), established and regulated by a covenant, whose internal relationship reflect a kind of sharing that must and ought to prevail amongst partners recognizes the integrity of each partner and to foster unity between or amongst them. Federalism is the most widespread social revolutions that as changed the international geopolitics in the whole world. Federalism has been purposely and intentionally designed as a means for accommodating internal diversities or interests [ethnicities] and the desire of the people of both in preserving and or reviving internal diversity, internal contradictions and the intimacy of minority communities or small societies, accessibility, mobilization and utilization of common resources better for the common good of all concerned.
Federalism, per se has been applied to integrate new politics or the new paradigm shift from the absolutist statist phenomenon, whilst preserving internal legitimate diversities to create linkages between the political economy of advantage for the greater maximum security. In as far as normally structured federalism are concerned, they have five characteristics as follows: firstly, it encourages internal ethnic revival, the re-emergence of the sense of individual identity and “who we are” as that was the case studied by the American Professor Samuel Huntington and again by the same author in his great works on the “Clash of Civilizations”. The US has been a good example no ethnic identity by ancestral roots as British, African-Americans, Arab-Americans, Sudanese-Americans, the Irish-Americans, German-Americans, Polish-Americans, Greek-Americans French-Americans, Russian-American, but at the end of the day all of these identifications and ethnic diversity have become secondary and what matters most has been one concerns- that “they are all Americans”, “who they are” and “what they are,” but at the end of the day they are “Americans” and equal in despite of their cultural differences as agreeably presented by the great American academic and philosopher Samuel Huntington of Harvard University works “The Clash of Culture”. Secondly, federalism creates linkage of peoples or nations across state borders to provide cohesive peaceful co-existence, good neighborliness and better relations for bilateral and multilateral treaties and interaction amongst all peoples and cultures. Thirdly, federalism provides development of new governmental arrangements that emanated from the governed rather than governors or the philosopher kings to accommodate post-trends in the new statist paradigm shift rejecting totalitarian Communism as in the former Soviet Union, Eastern Europe or the former Iron Curtain, following the trends of statist paradigm shift in Spain, Portugal and Greece and in Latin America, i.e., in Brazil and Argentina from authoritarianism, autocracies and dictatorial rule to liberal political systems otherwise known as democracies. Fourthly, federalism provides the establishment of new relationships between governments and territories, most of which flow out of these new governmental arrangements. Fifthly, federalism has negated the idea of one government exercising absolute ‘sovereignty’ and absolute power over the same territory was anathema to the European fathers of modern nation-state institutions or the establishments. Sixthly, federalism has reduced the concept of limitation on sovereignty. Nowadays, no state is sovereign as any states as it was perceived to be so more 100 years ago. If these characteristics were to be involved or embodied in the conceptualization of the so-called Machar’s federal system then, he would go down in contemporary statist and strategist political history as the new political philosopher, scientist, genius or the new grand inquisitor on federalism often associated with the classical liberalism and democratic republicanism for that in the 21st century likes Karl Marx was the father of the modern democratic socialism that created polarization and bipolarism in the world in the 1900s through the 20th century and, then, followed by the emergent of the perestroika and glasnost era in the late 1980s to the early 1990s and beyond as the end of statist epoch.
XIII: THE END OF THE STATIST EPOCH: THE DEMAND FOR FEDERAL SOLUTION
The political developments in Eastern Europe and in the former USSR in the late 1980s to the early 1990s, has opened up a new epoch in contemporary history, one in which the people themselves have said it loud and clear the rejection of “totalitarian Communism,” authoritarianism, autocracy; tyrannical rule; oligarchy; the military junta rag-tag dictatorships and have been seeking to restore the civil society through the introduction of more “liberal political” regimes otherwise known as “democracies” or “federal democracies” or “autonomy democracies”, including other new forms of emerging federalisms in the world. Specifically, the events in Eastern Europe and in the former USSR followed the footsteps of a social revolution or social renaissance in Latin America in the 1980s against authoritarian regimes minus Castro’s Island nation of Cuba and Hugo Chaves’ oil and gas rich Venezuela. The development in Latin America were also stimulated or influenced by the political and social developments in southern Europe and the Iberian Peninsula of the Mediterranean region, i.e., Spain, Portugal and Greece in the late 1970s. Actually, the critical problems that came face to face with several nation-states were that of ‘accommodating internal diversity’- mainly- ethnics and fostering appropriate external links with their neighbors across the borders. In both of these situations or cases, the only viable and vibrant solution that seems to be more feasible has been “federal solutions”.
This was the real case in point in the former Union of Soviet Socialist Republics (USSR) wherefore all its former republics or satellite states or appendages were confederally linked through the Commonwealth of Independent States (CIS). As the era of perestroika (re-structuring) and glasnost (openness) began to become consolidated and to take effect, the different non-Russian nationalities, per se, raised their hands, heads and chins up demanding the exercise of the right to self-determination or political independence. Shortly thereafter, they got political independence from Russia; a new kind of Russian nationalism asserting that Russia for the Russians themselves began to emerge asserting total and complete Russianness” to giving it greater expression for that. The greatest of these political developments produced and brought shock waves of political Tsunami in the former Federal Republic of Yugoslavia crafted under the late General Josef Broz Tito prior to his departure, unfortunately. Because Yugoslavia was not a foedus-“union of treaty” between or among states, it began to crumble and tumble down like the Berlin Wall in the late 1989 to early 1990s, thus, fostering the reunification of the Federal Republic of Germany (FRG) (West Germany) and the former German Democratic Republic (GDR) (East Germany) to become the contemporary Federal Republic of Germany since the end of the Second World War (WW II) in 1945. As a young American soldier in Europe during the Cold War or the East-West ideological confrontation, I could not have imagined that the world was a good place to live and such high intensity of hatred, fears and suspicions could have wined peaceful with good ending. I was always suspicious that both the US and the USSR would obliterate by nuking the entire planet and that was it. Nevertheless, God works out his miracles and turned the situation to a friendly conducive political atmosphere. Even the hoopla situation between US-European allied against Russia over the crisis in Ukraine that began with annexation of Crimea through a referendum to rejoin Russia since 1954 when it was annexed to present Ukraine by Nikita Khrushchev’s, it could not be compared to the situation in the Cold War. The current Ukrainian crisis and sanctions against Russia would not lead to war in Europe. Both Europe and Russia have been flexing their muscles and big show of force against each other over the control of Ukraine. They are both kidding and would resolved problem peacefully one way or the other. Nobody wants war in the civilized world unlike in Africa wherefore dictators like Salva Kiir, Dr. Riek Machar of South Sudan, President Robert Mugabe of Zimbabwe and Yuri Museveni of Uganda wanted to hold others and to control the destinies of others hostages against their free will and consent. The people of Africa have already rejected dictatorships and it is only a matter of time when Africa’s spring and or Africa’s streets could be on the rise compared to the Arab Spring and Arab Streets in North Africa and the Middle East. The current more eight months old civil war or as if a tribal warfare with no end in sight or a glib hope of light in the tunnel, could be the beginning of the African social renaissance or social revolution in the Horn of Africa, East African, including Sudan. Unless, the African leaders and mainly the IGAD involved in the search for peace in South Sudan to undertake an unconditional withdrawal of their forces-mainly-Uganda and its Mercenaries and Soldier of Fortune (SF) affiliated to the UDPF, the likelihood of a spillover is greater than ever before. The cause of peace, the IGAD countries should unite in resolving the crisis in South Sudan by urging Salva Kiir to step down or aside, Yuri Museveni’s UPDF force to withdrawal without any preconditions and the unconditional admission by the GOSS of the crime of genocide that targeted more than 30,000 Nuer nationality for extermination as a “final solution” in whole or in part known hereinafter as the 2013 Juba Genocide. Without any of the implementation of the aforesaid, peace remains in the galaxy and a bridge too far to cross and with more sorrows throughout South Sudan. No Nuer in his/her good five (5) senses would have the guts and gusto to stop the war against the Jiengo (Dinka) until they Jieng (Dinka) would admit that they were sorry to have genocide children, women, students and professionals in the alleged coup attempts against the dictator and the minister of death or the Goring’s likes Salva Kiir in South Sudan. There would be no return to Juba forever even though Salva has to step down gone with the wine because as if Machar’s himself has the same evil intentions for the sake of power he (Machar) had left the Nuer “headless” when he unilaterally opted for a return to the late John Garang de Mabior under the so-called Nairobi Declaration on 7 January 2002.
Even though the Nuer nation likes and adores Machar’s he would not lead them to the victory because he would be able to give away as had given away the Nuers’ victory has he had done in the past. We would make most of Machar’s mistakes in the article that would focus on him. I do neither hate him nor love him. I have worked with him and his management tactics and I do know and up to this time that he’s illusive and apprehensive about me and my intentions and let alone those of General/Governor Taban Deng Gai (alas Mohamed Hassan) against Dr. Machar’s and his Madam in the Movement because he fears me to challenge him among the Nuer folks. I promised myself not to think about this at this time because I wanted the Nuer nation to be united like a bundle of sticks against Salva Kiir’s 2013 Juba Genocide. The objective has been total and complete unity amongst the Nuer rather than positions that come and go. It would the people to decide democratically at the end of the crisis that who should and should not become their leaders’ and this is my ultimate dream as a Nuer and intellectual. I would return to academic life and research and to do other useful and beneficial humanitarian projects to help the traumatized Nuer folks by genocide with focus on orphans, students, the widows and the survivors of the genocide. This scared of wound inflicted upon the Nuer by the Salva Kiir would not be forgotten, but as a courageous people are not afraid forgiving because it was the late President Nelson Mandela (Madibo) of South Africa that said he that “Courageous people do not fear forgiving for the sake of peace”. Albert Camus said he that “peace is the only battle worth waging”. The Nuer nation and its resilient people have the ability and the capacity to forgive, but not to forget and would wage the battle of peace. It would never ever been defeated by its enemies both foreign and domestics because they have reckoned that they have aggressed a great people who would respond to this high price national scared wound. We shall overcome Salva Kiir’s genocide like the Jews did overcome the Nazi Holocaust, like Tutsi overcome the Hutus genocide, like Rhoningyika Muslim community has overcome the Buddhists brutalities and humiliations in Myanmar (Burma) and those before us have overcome the crime of genocide. We have got to move on with our shores with stride and pride and our enemies shall see us strong men and women of courage and wisdom and the Nuer shall and will not fear anyone on the planet-Earth and South Sudan in particular except God Almighty the creator of all things above and below.
XIV: THE WORSE SCANARIO IN SOUTH SUDAN: THE CASE OF YUGOSOLAVIA
Affirmatively, the national disintegration in Yugoslavia began with Slovenia that became successfully independence and Croatia became also successful in achieving its independence, but lost approximately a third (1/3) of its territory to Serbia which attacked it under the pretext to “rescue” local ethnic Serbs an idea that was similar to Adolph Hitler’s concept of invasion and occupation of Southern Rhineland in Czechoslovakia and Austria to protect the Southern Germans in those territories before he invaded Poland in 1939 and the UK declared war on Germany, thus, plunged the world into the Second World War (WWII) (1939-1945. In the case of Yugoslavia, however, national disintegration was a chain process one after another until all of the appendages of the former Yugoslavia became independent and sovereign states and member states of the United Nations organization and the European Union (EU). Macedonia succeeded whilst Bosnia was marred by a three-prong civil war- Bosnian Muslims, Serbs and Montenegro and those parts that were captured by Serbs army maintain the skeleton of the former Yugoslavia Federation. Succinctly, the lesson learned hereinafter has been that “federalism superimposed by force without political consensus and the political will of the people and ruled from the upper echelon or the pinnacle of society or at the periphery is not destined to become successful”. We hope in the future and the present as this peace research project investigates would not reflect this dream federal system envisage by South Sudanese of the future and the present. Naturally, the idea of “federalism,” per se, has been often associated with democratic republicanism pure and simple. Most countries in Europe with particular, emphasis on Spain that in 1978 adopted the “regime of autonomies”, a form of federal solution designed to solve its own “internal nationality problem” or to accommodating “internal diversity” (ethnics), and fostering friendly relations with its neighboring countries. Greece democratic government was also stimulated or influenced by its membership in the European Community (EC). In the case of Greece, the same phenomenon occurred in Portuguese democracy that was also influenced or stimulated for the viability and vibrancy of the EC membership.
XV: THE SUB-SAHARAN AFRICAN SCANARIO AND CENTRAL AMERICA: A COMPARATIVE ANALYSIS
Perhaps, the most exciting revolutionary changed occurred in Latin America when they got rid of the authoritarian regimes, military junta and one-party rule states and, then, embraced the restoration of the civil society and more liberal political systems or democracies in which the idea of “federalism” has been greatly stimulated influenced by the agendas of Argentina and Brazil since the new statist paradigm shift from authoritarianism to liberal democracy in the 1980s. It trustworthy to look micro-macroscopically the state of political change that occurred in other Latin American countries who have struggled to make a new paradigm shift from dictatorships, authoritarian rule to establishing federal systems as the best tenable reasonable alternative (TRA) solution to accommodating internal diversity and multiculturalism. Presently, Central America compared to Africa has been in the soul searching for a new paradigm shift from authoritarian, military Junta, confederal arrangements to restoration of democracy and federal system of governance in Nicaragua and Panama and other countries in the said region. Even in Castro’s Cuba and Chaves’ Venezuela, the people’s power has been in demand for change from authoritarian Communism to some form of political liberalism or democracy often associated with democratic republicanism for that worldwide. Thus, the call for a new and anew federal paradigm in South Sudan that would become the most viable and vibrant opportunity or conceptualization to inter-ethnic détente (reduction of inter-ethnics, regional, sectarian and religious tensions), preservation of national unity and national integration, the delegation of authority, self-rule and shared-rule as the normally acceptable characteristics in formal federal arrangements; national political consensus on the system of rule that should be institutionalized in the future and the present in South Sudan; and the high national demands for the restoration of the eroded civil society values because of rampant corruption, spillover, bad governance, entrenched ethnocentrism (tribalism) that has produced genocide in Africa’s youngest state in South Sudan retrospect to the mid-December 2013 in which Salva Kiir’s regime targeted the Nuer ethnicity or nationality for extermination as a “final solution” in whole or in part.
Before we could proceed, we would wish to draw attention, caution and to highlight factors which made the National Islamic Front (NIF) federal model became less attractive, less comprehensive and less inclusive in the eyes of the beholders and less appealing to Sudanese people as a whole both in the North and South alike were as follows: Firstly, poor quality design. The federation was design as window dressing for an Islamic state; perhaps, it could only operate within that specified sphere of influenced or political environment and could not takeoff as in normal democratically structured federal system that delegated self-rule and shared-rule political system in Sudan. Secondly, its lack of equitable distribution of real political power because the NIF federal structures have concentrated political power at the centre and in the hands of the hardliners and diehards of the NIF cadres otherwise known as the group of forty (40). In essence, this was atypical “monopoly” of the state political power in the hands of a few clienteles that was less attractive to the peripheral groups. Hence, the NIF federal system, then, did not meet the basic principles of “self-rule” and “shared-rule” that are under normal circumstances as the vital ingredients in formal federal arrangement; The NIF federalism greatly reminded us all of the “highly centralized federal system” in India with the exception of Jamu Kashmir under Article 370 of the Indian Constitution, Nigeria, Tanzania and Mexico in which there is no top down and bottom up or horizontal administration that is atypical examples of the Indo-Nigerian-Tanzanian centralized federal systems of government. Actually, I raised this case up as an example to alert the proponents of the dream federalism in South Sudan to become extremely cautious on what kind of federal system that they would be venturing, inspiring and aspiring for them and their relationships with neighbors. Many Southerners would incline to assume the flexible ethnic federal system of Ethiopia could become more appropriate for South Sudan. This project would undergo a serious critical micro-macroscopically analysis of the nature and characteristics of the flexible ethnic Ethiopian federal system to show its weakness and strengths or would it be applicable to current aggravating situation in South Sudan if it were to be adopted as a system of a federal system in South Sudan.
XV: PREFERRED FEDERAL SOLUTION FOR SOUTH SUDAN
The most likelihood preferred tenable reasonable alternative (TRA) solution federal solution for South Sudan could draw a heck of a lot from South Africa, Brazil, Argentina, Belgium, Canada, Australia, Federal Republic of Germany, the United Arab Emirates; and the United States of America as the grandfather of the modern federal Republicanism in the world. Of course, the UK could not be ruled out although it does not have written constitution and operates by government legislations and acts to become the laws. Since the United Kingdom was the former administering colonial power in South Sudan, we could not possibly exclude the UK in the process even though it does not have a written constitution, but the UK system reminds us that the UK, per se, has got something to offer to the people of South Sudan to achieve their dream federal system in the future and the present. However, Southerners were not freed to decide on what was good or bad for themselves to have historical links with the UK or not. As I see it, the call for a federal system in South Sudan by Dr. Riek Machar, though, he was not the first person to initiate this eloquent ideas whose time has come, the South Sudan intelligentsia, professionals and the political leaders, including the author of this work have had a long historic demand for a federal system of government whose time has been over due, but could not have come in both the good, the bad and the ugly times. Nevertheless, we have to give credit to where it is due: it was the late Honorable Buth Dieu Thong the then Ayod MP that called for the establishment of a federal system between the Northern and Southern Sudan in 1950. If the dream of South Sudan would be to become one indivisible united land, the only tenable reasonable alternative solution that seems to be feasible is a “federal solution” for that. Therefore, any failure on the part of the octogenarian and semiliterate Dinka power elite to reject this political smart idea whose time has come, then, it would be better off for South Sudan to undergo peaceful and political dissolution or peaceful and political amicable national disintegration as that was the case accomplished in the Czechoslovakia that underwent amicable peaceful divorce into the Czech and Slovak Republics in Central Europe. It should be noted that historically and before the split of South Sudan from the Mother country-Sudan- in 2011, Southerners demanded the establishment of a shared federal system (Kum naadth ma nyuake) as in the United States of Americas with the North retrospect the 1947 fiasco Juba Conference that later on became known as the “Abomination Conference”. The federal idea has been typically a call by the non-ruling groups at the periphery, especially from the South, who agitated to participate in the governing process. On 13 December 1950 The Honorable Buth Dieu, one of the prominent Southern Sudan politicians and one of the Nuers great politician of his time and one of the thirteen (13) “handpicked” members of the Legislative Assembly from Southern Sudan to the Parliament in Khartoum, raised the issue of federation between the North and South. The Honorable Buth Dieu Thong, MP, stood in protest against the manner in which the de-colonization process was done without realization of “constitutional safeguards” demanded by Southern Sudanese. The Honorable Buth Dieu Thong, MP, threatened by saying that: “If the Arabized Muslim North insisted on self-government, then, Southern Sudan should not be connected or intertwined with the North on federal basis”. By the same said tokenism, he the Honorable Buth Dieu meant that Southern Sudan should have been absolutely and definitively excluded from any Union with the Arabized Muslim North at all.
XVI: NORTHERNIZATION OF SOUTHERN SUDAN AND SOUTHERNIIZATION OF NORTHERN SUDAN: A CASE STUDY
Indeed, throughout the decolonization period, the Northern politicians were neither keened nor inclined to listen to the idea of a federal system and ultimately proposed advanced the Southerners nor were the outgoing British colonial administrators in Khartoum were willing to moderate such a demand as they did in Nigeria in 1954, Malaysia in 1957 or Cyprus in 1959-1960. Instead, it was the junior British officials in the South who wished to reverse the decision on the account that Southerners were simply cheated as the Sudanization Committee shown it and allocated only 0.75% (6 posts) of the 800-1200 jobs to be Sudanized and allocated to the South six (6) positions most of which were junior positions. As we have studied and known now, the Northerners who occupied most of these positions were not highly qualified compared to the Southern candidates or their southern counterparts who were excluded from being promoted to such high level positions compared their Northern counterparts. Conclusively, the Northerners wanted to become the neocolonialists and the neo-imperialists wearing a different leopard skin and undertook the process of “Northernization” of Southern Sudan on the one hand and failed the same process of “Southernization” of Northern Sudan on the other as opposed to the establishment of a shared federal system in the country.
Nevertheless, the Southern MPs continued with great political tenacity to push for the establishment of a federal constitution and later on made the issue of federal constitution a condition for the South to endorse Sudan’s political independence. This immutable and impactable condition prompted discussions within the Northern Sudanese political camp because the Southerners had thrown the ball on their court as they were caught at the crossroads or in the grapevines between a federal demand advanced by the Southern MPs and the desire or the need to gain political independence or the exercise of the right to self-determination from the United Kingdom as scheduled on 1.1.1956. At that particular moment or juncture, it was Mirghani Huesein Zaki El-Din, MP, one of the smartest prominent Northern politicians that broke the iceberg, moved a motion which amended to read: ‘Federation would be given fully consideration’ after independence, and the Southern bloc accepted it on faith value as a ‘pledge’, a ‘promise’ or an ‘intent’ or as a pledge political consensus to be implemented thereafter made them signed on 19 December 1955 to establish a federal arrangement as a feasible solution to the deepening cultural divides in Sudan. The Southern bloc was persuaded and acquiesced to vote for Sudan’s political independence as scheduled on 1.1.1956. We discovered it now through social sciences research variable, the whole affair was hallow, nothing, but a trick, deception and manipulation to fool and to induce Southerners to have an empty nest and to make them feel good and to sign the political consensus the first and the last of its kind ever in the contemporary political history of Sudan prior to the split in 2011. However, a forty (40) man-Constitutional Committee that was appointed to draft the constitution ejected, threw out, trashed out, deleted or negated the demand for a federal system as ‘garbage’ in favor of an Islamic Constitution, unfortunately. In actually, the whole idea was that there could be no federation in one country. Historically, in Arabia, there was once a federation between and amongst the Jews, the Arabs and the Christians and it did work well. So what was wrong with the issue of federation between the Northern and Southern Sudan? In brief, it was a hypocritical and double standards amongst the Northern Sudanese politicians’ that historically have had negative perceptions and colonial minds vs. decolonized minds against Southern Sudanese that they have often belittled them and perceived as unequal.
We would assume that was the beginning of an immutable negative perception, political deception, manipulation, maneuvering and the mistrust between the Arabized Muslim North and the non-Arabized non-Muslim South up to the time of the split on 9 July 2011. Without the shadow of a doubt, the Arabized Muslim North has had a lower opinion towards the non-Arabized non-Muslim South and regarded its people as imbecile or imbroglio lower species and that is an Islamic religious kind of racism, racialism and xenophobia of the third kind. In my capacity as a quadruple (4) languages speaker (Nuer mother tongue), Arabic, English and French) , I do fully comprehend the Arabized Muslim North colonial mentality like do for in North Afro-Arabs, the Arabian Peninsula and Gulf countries that still has the vestiges of colonial mind as opposed to de-colonized mind of the 21st century and having worked with them in many capacities in the government, foreign affairs, including the Presidency of the Republic of Sudan prior to the split in 2011 as well as in my capacity as an academic expert in African and Arab governments and politics. They often assumed or preconceived that Southerners, per se, have been imbecile and stupid people. And do not have a civilization. Of course, this is a contradiction because southerners and the Northern do share a heck of a lot of cultural traits because historically the modern Arabized Muslim Northerners have 50/50 Afro-Arab blood genealogical trees. They are historically the blood line of our fore sisters joined together by the bloodline of the Arab immigrants and the indigenous Nubia women, Dinka, Nuer, and the Shilluk and Funj people who through trade and prosetylization or conversion of Islam into the hinterland of Africa. A renowned Sudanese Professor Yusuf Fadl Hassan, a professor of History at the University of Khartoum gives a deeper in sight of the process of Arabization in Northern Sudan. Professor Hassan writes that “The creation of a culturally Arabized stock in the Sudan was the result of the penetration of large numbers of Arab tribesmen over a long period of times. Professor Hassan stresses that “The manner in which these immigrants were distributed, the routes that they followed and the large groups into which they were distributed, forms the theme of the Arabization of the people of Sudan. Professor Hassan makes a historical point of interest that “Unfortunately we know remarkably little of the way in which Arabization was accomplished”. Conclusively, Profession Hassan derived his theories from two types of sources: the first, a limited number of contemporary medieval Arabic writings and the second, a large body of the Northern Sudanese genealogical traditions in their present form were complied at a much later date. Based on the historical analysis present by Professor Hassan, one sure of accomplishing Arabization in Northern was through intermarriages with the Nubia whom they have had external contracts before the Arab conquest of Egypt with Bilad al-Sudan or the land of the blacks, has been the name applied by medieval Arab writers to the territories immediately south of the Sahara, stretching from the Read to the Atlantic Ocean in which Arab writers, geographers, explorers lumped together all the people of the dark-skinned peoples of the area including, Nubia, the Niolitics (Nuer Dinka, and the Shilluk of the Greater Upper Nile in South Sudan), the Abyseinaians, Beja, Zaghawa, Tarkur, and others.
Let’s assume that Northerners has had the political will, guts and gusto, honesty, trustfulness and trustworthiness in giving and keeping their words in as far as the Southerners were concerned, the country should have become a heterogeneous federal system before Nigeria in the 1960s. Specifically, many people preferred federalism because it guarantees representation and participation and accommodating internal diversity- mainly ethnic diversity, delegation of power giving self-rule and shared-rule as the main characteristics of federalism and fostering external linkages with the neighboring countries because it is often foedus from Latin word meaning- a “union of treaty” between or among states, under a federal principle which dishes or spells out the rights and responsibilities of each level of the government and common areas of joint-administration. These characteristics of federalism are the kernels and cardinal principles of social justice and sustainable governance that has been often freed and reckoned to generate change to promote a new paradigm shift from statist to federalist posture. Hence, The Equatorian Declaration: A call to Action” on 9 July 2014, which adhered to call for a federal system in South Sudan was indicatively the positive step in the right step in the right direction has been indeed as a real need or desire for democratic change or paradigm shift in South Sudan that could not be ignored at all. We applauded the Equatorian move, motion, motivation, determination and political realism on their call for democratic change in our beloved country South Sudan now rather than later. Nevertheless, we wanted to experience deeds rather than impressions or words in the minds and souls.
The Equatorians like other folks of like-minds have been grossly demeaned and mistreated, excluded, marginalized, subordinated and their land has been grasped or taken away from them by shrouded, scrupulous means, illegal and unconstitutional means and have been desperate in dare need for democratic change to restore their civil society. However, the Equatorians have not also become strong and truthful allies of the Nuers as the only the nationality that has been outstandingly and lonely has the capacity, the capability and willing that has been often ready and making the ultimate sacrifices for challenging the emerging Dinka domination, exploitation, oppression, the neo-colonial and the neo-imperial intentions in South Sudan and the demand for democratic change retrospect to 28 August 1991 split within the once invincible Marxist-Leninist SPLM/A on these pre-requisites in the Movement as follows that: firstly, its lack virtual objective in the armed struggle. Secondly, its lack of democratization; the rule of law, freedom, social justice, equality, and human rights protection, including debates on how the war was being fought and conducted in the battle fields; and thirdly, gross systematic human rights abuses in violations of the Universal Declaration of Human Rights under the United Nations General Assembly (UNGA) resolution 217 (A) of 10 December 1948, Paris, France.
These democratic changes were intended to make corrections in the internal contradictions within the Marxist-Leninist SPLM/A were induced and contributed by the Nuer nationality wherefore other tribes and nationalities submitted or acquiesced and subordinated to the emerging Dinka domination, oppression and exploitation in the Movement. The Nuer being the strongest and the bravest in the war was able to say “Nay”, “Nay,” and “Nay” (No, No, and No) on the face of the late John Garang’s oppression, and the dream of building a Dinka Dynasty in Southern Sudan that was totally and completely obstructed by the Nuer led internal revolution for social justice, human protection, equality democratic change within the Marxist-Leninist SPLM/A in which the outcome was newly emerged formed Nasir faction led by Dr. Riek Machar and the Torit faction led by the late Dr. John Garang de Mabior. In the current ongoing civil war in South Sudan, however, the Equatorians sided at first with the Dinka oppressors in the 2013 Juba Genocide and they were the ones identifying the Nuer homes, businesses for Salva Kiir’s Special Militia (Adut Bany, Aget Weng, Malawal Anyuel and Malwal Anuiel) to exterminate the Nuers as a ‘final solution” in whole in part similar to the Hutus’ 1994 Rwanda Genocide against the Tutsi, the Nazi Germany extermination of the Jews, the Gypsies during the Second World War (WWII) 1939-1945, including all the non-Aryan peoples or all the non-blue eyes folks in Germany and the German genocide against the Ovambo (Bushmen) and the Nami People in the former German Southwest Africa (Namibia) in 1904-1908 that was the first recorded genocide in the 20th century as well as the Armenian Genocide by the Young Turks (1915-1920) and Kurds in Northern Iraq by the late Iraqi dictator Saddam, Hussein in which this proposed peace research project would thoroughly address or investigate in what should be known hereinafter as the 2013 Juba Genocide the weak and wicked targeted to exterminate against the Nuer nationality as “final solution” in whole or in part in South Sudan.
The Nuer nationality as one of the largest, the strongest, and potentially the richest in oilfields and gas fields, natural resources, strategic critical minerals and has got the most fertile agricultural lands, it (the Nuer) that has been the only nationality that stood in protest against the face of emerging Dinka domination, oppression and exploitation against any groups by another against their free will and consent in South Sudan. The Nuer shall not and will not relent from opposing any concept or idea of backing the weak as long as the Dinka tribesmen seek to exterminate the Nuer as the bravest and the strongest element first before it could turn the double edge swords or mussels of the AK-47 against the weaker tribes or nationalities at the end of the day. Although many have been anti-Nuer folks, and no good allies we would not mind at all because we fear no one on the planet except God Almighty and the creator of all things above and below. This is a promise to all South Sudan tribesmen or nationalities that already the most internal incurable damage in internal relations among the people of South Sudan that must and ought to be tamed in the best manners possible. The Nuer folks have the capacity, the ability, the political will, guts and gusto, the military capability, motivation and the determination to induce or to demand democratic change or a paradigm shift and directly opposed to the Dinka power elite dictatorship and social resistance against the arrogant, foolish, stubborn and the notorious Dinka power elite that have really imbued and developed the Nuerophobia likes Europe has suffered, developed and suffered the from the pre-conceived or the real Germanophobia and the Western industrialized countries have developed reciprocity of the Islamophobia and the Islamic Awakening and international terrorism. Without the presence of the Nuer nationality in South Sudan, however, the brutal, savages and uncivilized Dinka could possibly genocide, enslaved and wipe out of history most of the tribes in South Sudan, unfortunately. In fact, the Dinka have device and designed the idea of Monyjiengism as sort of Dinka racism that “If you’re not a Monyjieng, you’re out of the loop or keep out of the Dinka circles because you would neither fit in nor welcome to it, that “They [Dinka] are born to rule and not to be ruled” and that they [Dinka] are the ‘Chosen People’ by whom and for what, that remains a myth to be de-mythologized. Because of the 2013 Juba Genocide and the constant anti-Nuer sentiments, we have proposed a non-re-treatable and a non-negotiable position and already have concluded and designed a durable permanent solution to all that jazz by saying that enough is enough: “The Greater Upper Nile region shall Declare pretty its inalienable right to self-determination peacefully or by any means necessary or to become independent and sovereign de jure state or to become an autonomous like Kurdistan-Iraq in Northern Iraq to manage its own invaluable resources for the general good of its citizens or to separate from South Sudan to become a new polity that is greater than Eritrea, Kuwait, Qatar, Bahrain, the United Arab Emirates (UAE), including many Caribbean Islands mini-nation-states in the Atlantic Ocean in the New Hemisphere or the Americas. It would not return to South Sudan ever over our dead bodies and there would be no viable and vibrant South Sudan without the Greater Upper Nile as the oil and gas hub of the whole Sudan and South Sudan in particular. The Greater Upper Nile is the “pillar of the bridge” between the North and South Sudan, South vs. South and so if we were to let go of it, so too goes as well the rest of South Sudan down the black sinking hole or the drain, there could be no South Sudan without the Greater Upper Nile region. This is an immutable and non-negotiable red line. As for Dr. Riek Machar, he remains a free man to preach or to pursue his great and infamous federal idealism, but the people of the Greater Upper Nile region comprising of over 80% Nuer people have already made a nationalistic decision to seek a political divorce from South Sudan similar to Scotland that would vote in a referendum on 18 September 2014 to secede or to seek a political divorce from the Unite Kingdom. I wish the Scottish people succeed in the exercise of the right to self-determination such that the British pride that the “Sun never over the Union Jack” could be changed or called question and the UK as a power could also be called to question in the UN Security Council to have a permanent seat in that august body of the UN organization. We would also encourage the people of Northern Ireland to a political divorce in a referendum like Scotland from the UK to rejoin the Irish Republic.
XVII: THE AFRESH ANGLO-NUER WAR (1900-1930) EPIC
Personally, as a Lutheran Christian devotee and a man of faith, I have neither hatred nor anti-British, but anti-British colonialism and imperialism that has created so many permanent injuries and social injustice for so many people worldwide. The Nuer nation in South Sudan resisted British colonial rule for thirty (30) long bittersweet years against the British Expeditionary Forces (BEF) and the RAF gassed the Nuer people with different types of biochemical gas (1915-1920) and were bombarded by the Royal Air Force (RAF) (1924, 1926, 1928 and 1929) and murdered the Prophet Gwek Nyundeng the son of the Great Prophet Nyudeng Bong in 1929 on his Pyramid in Waat, Luo Nuer, Akobo, including the Garwaar Nuer Prophet Dwal Dieu who was imprisoned in the Indian Ocean Island nation of Mauritius for years. He was released a few years later at the end of the Anglo-Nuer War (1900-1930), but was re-imprisoned in Malakal Penitentiary Prison as a VIP during the Italian invasion and occupation of Ethiopia (1936-1942) and was re-arrested during the Second World War (1939-1945) because of fear of inciting the Nuer nation Awakening for an uprising similar to the Mahdiya uprising in the Northern Sudan in A.D. 1885 against the British colonial administration and possible defections of the Nuer fighters to acquire weapons from the Italian across the Sobat and Akobo Rivers in the border towns against the British in Southern Sudan that they considered them to be anti-government. Although we forgave the British for the cruel, inhumane, genocide as a “final solution” against the Nuer Question in whole or in part and human rights abuse against the Nuer nation and its resilient people, but we have not forgotten such cruelty and unusual punishments’
The Nuer Nation shall sue the UK in the Royal Court like the Mau-Mau Detainees did and won their case in the Royal Court and made all road lead to the Royal Court for all the aggrieved peoples by the British colonialist in the name of Her Majesty Government (HMG). In the traditional oral and modern Nuer history, they often talked with pride and feel proud that they resisted the British colonial rule and if they had to do it again, they would do it. In the contemporary British colonial history in Africa, the Nuer people was the only outstanding nationality that was neither conquered nor colonized by the British nor horded as slaves by the Turko-Egyptian and European slave raiders because they resisted them, killed them or captured them and assimilated or acculturated them to become neo-Nuer of pale to white skin colored, learned the language and adopted the culture and fully accepted as equal in status in the Nuer society that resembles the New England Puritans and modern United States society that continuously welcomed the “New Americans.” The Nuer society traditionally known to have advanced the idea of traditional democracy, federalism and egalitarianism, still remains to be the only community continuously welcomed to its “New Nuers” from different backgrounds. As a traditionally religious based-culture, it discriminates no one on the basis of race, color, religion, gender, and national origin. Nevertheless, the only condition that no Nuer people would tolerate unless the “New Comers” into the Nuer society have been homosexuals or lesbians or unisex that encourages marriages between same sexes or male-to-male or female-to-female because if anyone posses these characteristics and values of foreign lifestyles, keep out of the Nuer society because you would not be welcomed ever. This lifestyle has been historically unreceptive to the Nuer culture as it is tolerated and accepted in European countries, including the USA. According to the religious principles, it is against God’s will that created a man and a woman to make a family and procreation for the generations to the next in the future and the present. Other in tolerated characteristics that would be considered to be unethical would be as follows: begging, homelessness, alcoholism, stealing, un-wanton killings, hanging… are bad, in tolerated and unacceptable in the Nuer society. It is a society based on faith-based ethnics, egalitarianism, democracy, communalism, compassion, social justice and social equality for all people regardless of their backgrounds, color, race, religion, gender and national origin. Realistically, the Nuer people were supportive of the Scottish referendum outcome on 18September 2014. It was a good national choice Scots made to remain united with the UK. The only different between Scotland and the Greater Upper Nile region has been that we have already taken over almost the whole of the Greater Upper Nile region through military means or armed struggle since the outbreak of the civil war more then eight (8) months ago in South Sudan and Scotland would have to do it through peaceful and democratic process. In fact, the Nuer have the political will, fighting stamina, guts and gusto, motivation and determination for the ferocious fighting Nuers and the Nuer White Army (NWA) fears by the Dinka and the UPDF like the deadly African Black Mamba and African King’s Copra snakes that strikes by spitting on its prey more than 12ft or more away from it. The message of the Nuer White Army to the weak and exhausted Dinka fighters is that “if you run, you will live, but if you stay, you will die”.
On the contrary, if the Dinka power elite assume that they have grown big bellies with the Nuer black gold oil revenue and wanted to exterminate the Nuer peoples as “final solution” in whole or in part in order to inherit their wealth, they got it all wrong and they have got to be kidding themselves. The Nuer would fight like wild mad African and Australians dogs for survival of the fittest to defeat the Dinka fighters that have been already exhausted, weakened and defeated in the battle fields, including the UPDF and its affiliated Mercenaries, Soldiers of Fortune like the M-23, the Tarboro of Justice and Equality Movement (JEM) led by Jibril Khalil, Sudan Revolutionary Front (SRF) led by Abul Aziz Al-Helou in Southern Kordufan (The Nuba Mountains) and the SPLA-N led by Malik Aggar in Southern Blue Nile (Ingessena). Many of these foreign fighters have been disseminated; annihilated, exhausted and mostly wounded fighters that have been withdrawn from the fighting in many areas in South Sudan. The withdrawal of these foreign fighters has opened up a new dimension: Dinka soldiers have been constantly escaping or fleeing from their fortification posts or going absent without leave (AWOL) at the War fronts in Jonglei and in Unity States and preferred to return to Bahr-el-Ghazel instead of waiting to dies from the ferocious rebels fighters and the most ferocious of all fighters have been the Nuer White Army (NWA). The Nuer fighters have made a pledge to themselves that they are fully United under one military command and would resist Salva Kiir’s army as their forefathers resisted the British colonialism in the Anglo-Nuer War (1900-1930) and when the UK gassed the Nuer in 1915-1920 and they knew in advance what would become of the consequences of their possible encroachment, interference or invasion and occupation of the Nuer Heartland in Greater Upper Nile region comprises of Jongeli, Upper Nile and Unity States. The Nuer as brave, courageous and resilient people as they could be have been determined and motivated like Japanese Kamikaze fighters against the US Naval Warships in the South Pacific and the Sea of Japan during the last years of intensification and zeroing in on Imperial Japanese Naval Forces in the Pacific Ocean and the Sea of Japan. The Nuer has promised that there would be no Dinka ever to set foot on the Nuers’ Heartland. This is an immutable and non-negotiable red line. They could come as guests and visitors, but never ever to stay or work because they shall not obtain work permits in the oilfields and other lucrative management fields. The Nuers would always have a top priority rights to employment, social benefits and any oil companies that do comply with these new ground rules, they would have to simply pack up and get the hell out or to exit or to take the highway and they would be replaced by other companies awaiting at the horizon. The Chinese, the Malaysian and the Indian in the oilfield should take a prima facie notice on the aforesaid statement because they could become affected if they failed doing the right thing in the future and the present. The Transitional Federal Government in Greater Upper (TRFG) region would have the right to initiate re-inviting Euro-Americans oil multinational corporations (MNCs) or Conglomerates with interests in organic agricultural, animal and fisheries resources to do business in all fields of human endeavors in Greater Upper Nile region with a five (5) tax free until the business takeoff and settle down in similar terms like in Ethiopia’s experience. These new ground rules would be binding and would cover all those individuals seeking work permits in the oilfields or in any other projects in the potentially oil and gas rich Nuerland in the future and the present.
As regards to the Northerners working in the oilfields they could be covered by annually renewable contracts and Work Permits for all foreign workers. However, any Northerners born in Greater Upper Nile, would have a right to be protected by the Four (4) Freedoms stipulated in the CPA of 2012 in Addis-Ababa between the ROS and the ROSS and they could be freely granted the rights to “Dual Citizenship” by Birthrights or by Naturalization and to learn the Nuer language (Thok Naadth) as a Second Language for non-speakers that would become the official language of the Grater Upper Nile in government, business and banking system and education. It would also become one of languages in the school’s curriculum and medium of instruction in all schools from Kindergarten, Elementary and Intermediate Schools up to Secondary school levels, to matriculation to the Universities and colleges levels in addition to Arabic and English languages. In fact, it would be a requirement to pass the Nuer language (Thok Naadth) to enter University or College and professional schools. This proposed research project would thoroughly address in full the issue of language in a federal system as a new paradigm shift and pedagogic scheme that the Nuer intellectuals and the masses under the leadership of Dr. Riek Machar or not should promote to attract other to toe the thinking, neo-thinking, reasoning and reasonableness. It is not a new paradigm shift because it was originally proposed by the late Buth Dieu on 13 December 1950. The Transitional Federal Government of the Greater Upper Nile (TFGGUN) region would also be obliged to give other languages to develop side-by-side with the Nuer Language because we do not want any child to be left behind and denies the legitimate right to learn his/her mother tongue in Schools, Universities and Colleges. We shall research further the “Rajaf Vernacular Act of 1928”. Everything would be done to become flexible in the matters concerning the languages and cultures in the Greater Upper Nile region. This issue would be finalized by the National Legislature or Parliament as the only law making body in the land and the Department of Education alike. In my opinion, I could say that every child has a legitimate right to learn his mother Tongue in the land without any hindrance. This is would become the law of the land.
XVIII: THE COMPREHHENSIVE AND INCLUSIVE IGAD NEGOTIATIONS IN SOUTH SUDAN CONFLICT
The peace process steps undertaken by the IGAD to negotiate South Sudan conflict have been the right step in the right direction. Nevertheless, from the beginning of the negotiations there have been already historical blunders committed because the rounds of talks in the search for peaceful and political conflict resolution has been focused on the split SPLM ruling party- the SPLM-in-Opposition led by Dr. Riek Machar and the SPLM under Salva Kiir’s control in Juba at the expense of the original opposition- the South Sudan Revolutionary Forces (SSRF) otherwise known as Al-Sawar Al-Junebub Al- Sudan) that has been the prime opposition comprised of different components that formed a coalition to become the SSRF. In order for the IGAD not to repeat the bilateral Naivasha Peace Agreement of 2005 otherwise known technically as the Comprehensive Peace Agreement (CPA) of 2005 experience, exceptionalism, and exclusionism, the current rounds of talks in the search for peaceful and political conflict resolution, should become absolutely, completely and totally fair, free comprehensive, inclusive, transparent and accountable and that they should be conducted in conducive political atmosphere. We would insist vigorously with great tenacity, vigor, and illuminating spirit that parties concerned to the conflict are to be invited to the peace-making and the peace-building table to have their say in a fair, free, democratic, transparent and accountable manner. It would be gratifying to note that all parties to the conflict would be interested to negotiate frankly, authentically and nationalistically that they all have tested Sun Tzu’s ideology of the Chinese first General on “The Art of War”. Let’s us not repeat the past mistakes this time around by including all parties to the conflict would become much more reasonable because they all have tested the war, experienced the war, known that war is hell, destructive, to kill or to be killed or wounded or maimed and that good and professional generals do not talk about war, but they do utilize it as the last resort after having exhausted all diplomatic, human initiatives, reasoning and reasonableness, including détente (reduction of tensions) between country A and country B or the opposing forces. Most importantly, those who are preparing for peace should also be preparing for war as this the rule in international geopolitics. The only way to avert war would be to bring it to an end. It was the US President John Fitzgerald Kennedy that said he that “Mankind must put an end to war before war puts an end to mankind”. We could not agree more with the US President Kennedy’s logical analysis, but no matter what we do, mankind cannot puts an to war. We would all agree with the Italian Niccolo Machiavelli art of reasoning and reasonableness that “There is no avoiding war; it can only be postponed to the advantage of others”.
XIX: WHEN WOULD THE CIVIL WAR ENDS IN SOUTH SUDAN?
This proposed peace research project would advance that the current situation in South Sudan is critical and dangerous not only for South Sudan, but the entire Horn of African and East Africa, including the Republic of Sudan the closest neighboring state to South Sudan. Therefore, this project suggests or recommends that there is a greater need for everyone to have their initiatives and say in the future and the present status quo ante or modus operandi and modus Vivendi on what should become of South sudan either as a federal state or to be disintegrated state to become two (2), three (3), four (4) or five (5) states similar to the former Yugoslavia’s experience that disintegrated to become seven (7) countries during perestroika (restructuring) and glasnost (openness) period or like the political events in the tiny Island nation of Cyprus that split into two (2) mini-states comprised of the Greco-Cypriot on the one hand and the Turkish-Cypriot on the other. This is what could eventually happen or occur in the current political and military circumstances in South Sudan. Nevertheless, the above-mentioned sad and unfortunate experiences in Yugoslavia and Cyprus could be averted or avoided if there was the political will, guts and gusto, the motivation and the determination on the warring parties inside South Sudan to make peace as a top priority, comprehensive and inclusive good initiatives from the superpowers and their regional powers and the IGAD mediators in South Sudan conflict. As this peace research proposal sees it, firstly, a pre-requisite would the unconditional withdrawal of all foreign forces- mainly-Uganda People’s Defense Forces (UPDF) and its affiliated Mercenaries, Soldiers of Fortune and Uganda-Rwanda’s M-23 rebel forces defeated recently in the Eastern Congo by The Democratic Republic of the Congo National Armed Forces (DCNAF) in the Eastern part of The D.R. Congo recently followed by the unconditional withdrawal of the Republic of Sudan rebels (SRF, JEM and SPLA-N) fighting on behalf of Salva Kiir’s military forces in Juba. Secondly, for the sake of national interest, peace and tranquility, national integration, President Salva Kiir would have to step down without any quid-pro-quo as sin-qua–non to peace in Africa’s youngest state in South Sudan. Thirdly, there should be cessation of hostilities or a ceasefire to provide political conducive atmosphere for a negotiated durable and permanent settlement in the country. Fourthly, there should be formation of Transitional Government without the participation of either both Salva Kiir and the former VP Dr. Riek Machar. Most importantly, the leader of the Transitional Government should not be someone that has served in the GOSS prior to the split within the ruling party. The leader of the Transitional Government in South Sudan should be independent, neutral, fair, democratic, honest, trustworthy and acceptable to all parties, moderately religious and inclusive of all the South Sudan political parties to participate in the Transitional National Government in South Sudan. Sixthly, there is no denial that the crime of Genocide… as the gravest and the greatest crimes against humanity as defined by the UN Genocide Convention in December 1949 and came to effect in January 1951 has been committed against the innocent Nuers’ people who had nothing to do with the so-called alleged aborted or failed attempted coup d’état against President Salva Kiir in which he accused the former VP Dr. Riek Machar as the ring leader. As of up to date, there is no sufficient material evident to indicate there was an attempted coup d’état. There have been no arrests or detentions of any officers involved in the alleged military coup d’état in Juba. Hence, if such tangible evident are not provided sufficiently to corroborate the case without a reasonable doubt, the attempted coup d’état was a hoax and a strategic scheme or plan by Salva Kiir, his cronies, his henchmen, abated by President Yuri Museveni to assassinate all the senior members of the SPLM Political Bureau, including the former VP Dr. Riek Machar in Juba in the afternoon, evening or at dawn in the City of Juba on 14 & 15 December 2013. Actually, it was a strategic plan that went soured of berserk. The most damaging evident that there was no attempted or aborted coup d’état against Salva Kiir that came out directly from President Museveni’s own mouth before the IGAD mediators in Addis-Ababa, Ethiopia. Realistically, the scheme to assassinate all the senior members of the Political Bureau was reminiscent and absolutely and completely similar to the Marxist-Leninist Dirge regime of Colonel Mengistu Hale Miriam in Ethiopia that abated the late John Garang to swiftly assassinated the late Colonel Samuel Gai Tut, the late Kuot Atem Biar a veteran Southern Sudanese politician and the late flamboyant Colonel William Abdullah Chuol Deng in March 1984. The Nuer nation and its resilient and gallant people shall survive and overcome Salva Kiir’s Genocidal war and there could be decisive, quick, surgical reactions or response against the Dinka throughout the Dinka Heartland in Bahr-el-Ghazel. Referring to Article II of the UN Convention on Genocide, which defines Genocide as any of the following acts committed with the intent to destroy, inter alia, in whole or in part, targeted a national, ethnicity, racial or religious group as”:
- killing members of the group;
- causing serious bodily and mental harm to member of the group;
- Deliberately inflicting on the group condition calculated to bring about it physical destruction in whole or in part;
- Imposing means intended to prevent births within the group; and
- Forcibly transferring children of the group to another group.
For the purpose of the event that transferred on 16 & 17 December 2013, we could hypothesize or assume that Salva Kiir’s regime committed 1-5 points outlined in Article II of the UN Genocide Convention against the innocent Nuer civilians’ population who had nothing to do whatsoever with the alleged aborted or failed military coup d’état against the Dinka dictator Salva Kiir Mayardit in what shall be known hereinafter as the 16-17 December Juba Genocide in which more than 17,613 to 20,000 Nuer folks have been genocide by Salva Kiir and Paul Malong Awan ‘Special Militia’ otherwise known as Agetwang, Bang Adut, Malwal Anyuol and Malwal Anyier comprises of more than 3,500 to 6,000 or more under the direct orders of the President and they could not speak any other language as medium of communications except the Twic Dinka from Warrap State and Malwal Aweil in Northern Bahr-el-Ghazel State.
XX: THE ROOT CAUSES OF GENOCIDE AGAINST THE NUER NATIONALITY
Affirmatively, this peace research project would be structured specifically to analyze raison d’être, politically, sociologically, epistemologically, scientifically, methodologically, logically and philosophically the root causes of Genocide committed throughout South Sudan by Salva Kiir’s ragtag regime in Juba the temporary capital of South Sudan. In addition, to the genocide investigation, the research would focus on the more than sixteen (16) or more different types of federalism around the world to select the best amongst them that would be suitable in the current aggravating situation in South Sudan. It has to be reckoned that South Sudan would never ever be the same. Already the people of the Greater Upper Nile region one of the most potentially richest regions in South Sudan and in the whole of Sudan has already sought and concluded for a political divorce from South Sudan through the exercise of the right to self-determination or by any means necessary to attain this right. There would be “No Returning back” to Salva Kiir’s tyranny, genocidal war and this would happen over our dead bodies and remains an immutable red line that has already been drawn on the sand. Greater Upper before the end of this year would have an autonomous federal government, a new flag, new identity cards and new passports for its citizens to travel to and from abroad and all countries, new currency besides the current South Sudan pound (we could use both Sudanese pound and Ethiopia Bir as legal tender until we complete the new currency process) ; would conduct its own affairs similar to Kurdistan-Iraq in Northern Iraq for limited period before it could Declare full, total and complete political independence from South Sudan; and to manage its own resources for the benefits of its people and could eventually become an independent and sovereign de jure state with closer ties with its neighbors Sudan, Ethiopia and Egypt on the Nile Valley. Specifically, the Jieng (Dinka) by nature have ingrained anti-Nuerism or the Nuerophobia and equivalent of the Germanophobia in Europe, including the British Isles. Most importantly, the control of the Nuer wealth, oil or the black gold, natural resources in abundant in the Nuerland, animal and fisheries resources, fertile agricultural lands and education nowadays that the Nuer have surpassed the Dinka in Sudan, south Sudan, African and Arab universities and colleges as well as in the Diaspora.
XXI: THE ROLE OF SUDAN IN SOUTH SUDAN CONFLICT RESOLUTION
As I see it, Sudan could have a bigger role to play in the peace process because of its historic relations with the people of South Sudan prior to split in 2011 and with emphasis on the people of Greater Upper Nile region who have closest relations with the Northern Sudan. This peace research proposal assumes that the Republic of Sudan could create an impact in the peace process through the IGAD mediation and through private contacts and interactions with all parties to the conflict on equal basis. This proposal would outline in the course of the research what roles can the Republic of Sudan play in achieving cessation of hostilities and exit of foreign forces-mainly-Uganda People’s Defense Forces (UPDF), mercenaries, Soldiers of Fortune in South Sudan civil war. Foreign intervention in the domestic affairs of South Sudan has escalated and would further escalate disproportionately the conflict rather than de-escalating it. Therefore, the Government of Sudan has got significant roles to play in suppressing foreign intervention in South Sudan domestic affairs. Indeed, foreign intervention in South Sudan did not come out of the blue, but has been instigated and pushed by some foreign powers with vested interests known in Africa’s youngest state and natural resources, including abundant waters as well as their anti- Sudan agenda and sociopolitical sentiments and the dream of utilizing South Sudan as gateway of destabilizing the Republic of Sudan.
The Republic of Sudan can build the roadmap to cessation of hostilities and ceasefire, meaningful Dialogue par cum pari (equal), reconciliation, forgiveness, but not to forget the past. The recent genocide otherwise known hereinafter as the 2013 Juba Genocide against the innocent Nuer civilians’ population by the Twic Dinka ‘Special Militia’ would act as an obstacle to achieve reconciliation. Nevertheless, the whole affair has happened like it happened in the 1994 Rwanda Genocide against the Tutsi by Hutus renegades in Kigali. However, the 2013 Juba Genocide was a well planned, calculated event to avenge the death of the Dinka cadres in 1984 and 1991 by Salva Kiir, Kuol Mayany Juuk and the notorious child killer Paul Malong Awan. The Nuer folks whose loved ones have been murdered in cold blood could not submit easily to reconcile with the Dinka until they have avenged comparable or above the 2013 Juba Genocide. Even if the two nationalities were to reconcile there would always be mistrust and great suspicion. In Uganda recently, it has been reported that a Dinka man murdered his nine (9) children because they have been mothered by his Nuer wife or a spouse and got away freed from Uganda to South Sudan. What has he achieved in this criminal offense? It appears that at the end, he would become a big looser and even his fellow Dinka would make him become a laughingstock for the offense that he committed against his own blood or offspring. He could have divorced the Nuer spouse and takes his children to Bahr-el-Ghazel because he would never have such children again in his lifetime. Although the Nuer and the Dinka nationalities have genocide each other, they would continue to live together as a people and they would have reconcile, to forgive, but not to forget the bittersweet lessons learned from such tragic contemporary political, sociological and historical experiences. Given, the concurrent aggravating situation in South Sudan, the Republic of Sudan, to the best of my ability as a former Ambassador or a diplomat, senior national expert in the Presidency of the Republic and academic in the field of international relations/law, international political economy, international public affairs and African affairs, the golden for a durable lasting political solution lies with Khartoum. So it would be Khartoum to utilize this opportunity to shine in the search for peaceful and political conflict resolution of South Sudan civil war. As this proposed peace research paper takes shape, it would identify the best and the possibilities that Sudan should undertake to take the lead in the search for peaceful and political conflict resolution in South Sudan. Right now, the Government of Sudan should strive to implement the Four (4) Freedoms agreed upon on 28 September 2012 in Addis-Ababa, Ethiopia, between Khartoum and Juba plus the issue of “Dual Nationality Act” with particular emphasis with people of Greater Upper Nile region who have been also straddled into Sudan by history and geography and the flows of the Nile River forever.
XXII: NO PROBLEMS WITHOUT PROBABLE CAUSES
In the history of humankind, there are no problems without probable causes because conflicts, quagmires and declared wars did not occur spontaneously without probable sociopolitical, socioeconomic, negative perceptions between country A and country B, differences in logical, analytical, methodological, epistemological and philosophical dynamics and uniqueness interpretations and connotations of the root causes of the crises. Mankind as a rational animal, has been the hardest to manage and to administer on the planet-Earth because it has the ability and the capacity at times, to create the most negatively sophisticated perceptions as a rational animal with fluctuating minds that have been often rational scientific minds, the rational reasoning and reasonableness either positively or negatively rational thinking and irrational neo-thinking and negative perception to create the most gruesome and horrendous crises that could make life become much more miserable than its already has been miserable and continues to become pretty miserable, pretty nasty as it can be and the most difficult to bear in minds, souls, body and spirit. Nevertheless, in despite of mankind’s ability and the capacity to create problems, it also have the capacity, the ability, the willingness and the readiness to make peace, reconciliation, to forgive, but not to forget the past. So history of humanity could be summed succinctly that if we yearn for peace, we must also be prepared for war and vice versa. From the time of memorial mankind created polities or states or the nation-states and continued doing so. It created within these existing states or nation-states inherent social problems and crimes that could become resolvable, irresolvable and the rest could become the most tumultuous tedious, compound complex phenomenal problems and the most compound complex like Algebraic and Trigonometry equations that would often required logical, imagination, scientific, epistemological, and analytical reasoning and reasonableness and rational thinking in solving them.The current ongoing situation in Africa’s youngest state in South Sudan has become compound complex problem that should be neither underestimated nor ignored because if we do, we would be waiting for disaster and would discover that Africa’s youngest state in South Sudan could become further failed state retrospect to its pre-born and pre-failed status in which its social institutional were marred by crisis management, de-tribalization, de-established and mismanaged democratic institutions, socio-economic infrastructures in despite of the available enormous resources that the current leadership and governing party has failed to appropriately manage, to administer and to distribute equitably amongst its multicultural population as a result, of the chronic rampant corruption, embezzlement, self-aggrandizement, patronage, nepotism, favoritism, socio-ethos in the state process. It has been further damaged by the absence of sustainable governance, democratization; the rule of law, human rights protection, transparency and accountability as well as the lack or the absence thereof of comprehensive and inclusive of all the people of the tribes that have fought so hard for the cause of freedom and political independence in the process of the formation of the national government to give them all a sense of belonging and patriotism as full citizens in Africa’s youngest state in South Sudan.
The formation of the national government became a one-way traffic- that’s to say, it became an ethnocentric (tribal) based institution in which the Dinka power elite arrogantly fell that they are the neo-colonialist, neo-imperialist by exerting that “They [Dinka] are born to rule and not to be ruled”, that “They [Dinka] are the “Chosen People” by whom and for what?- it remains a myth to be demythologized. These aforesaid rationale reminded me accurately and realistically of the US pro-Zionist-Televangelists Christians or the so-called “Born Again Christians” fundamentalists, radicals and extremists in the Western industrialized countries that resembled the uprising Islamic fundamentalism, radicalism, extremism, the Islamic Awakening, Islamophobia throughout the Western industrialized countries as well as the Theo-philosophic affirmation that they [Jews] are the “Chosen People” by whom and for what?- it remains a myth to be demythologized. Let’s assume that they [Dinka] have been the “Chosen People”, how about the rest of humankind, are they not also God’s “Chosen People” by whom and for what?- it remains a myth to be demythologized in the state power politics. Why God Almighty chose the Dinka as the “Chosen people”, how about the non-Dinka folks and other nationalities are they not also the “Chosen people” on the planet-Earth? As far as we could envisage, the idea of being the “Chosen people” has been perpetrated by the Jews for centuries and the ultraconservative Zionists vs. the liberal Zionists as a form of racism and racial discrimination that was adopted under the United Nations General Assembly (UNGA) resolution 3379 (xxx) of 10 November 1975 equating Zionism has a form of racism and racial discrimination like Apartheid as a form of racism in the ex-Apartheid land and the racist regime in South Africa that is now being repeated in Israel against the Palestinian Arabs in the land of their birthrights occupied by the European Jews under the 1917 Lord Arthur Belford Declaration and in the aftermath of the Nazi extermination scheme against the Jews as a “final solution” in whole or in part in Europe.
Finally, the Dinka referent fact that the Nuer nation has spilled over into two countries, namely, Ethiopia and Sudan and as the majority population in South Sudan based on Sudan’s Fifth National Population Census in 2008, the oil and gas rich as well as the natural resources. If, they were not, then, God must be jealous, crazy and stupid to have created this irreconcilable and racist distinction in his own image or did we [humankind] come on the planet by creation or by evolution or by asexual processes as we have learned in the plants genetic sciences? Succinctly, this classical entrenched ethnocentrism (tribalism), negatively sophisticated pride that they [Dinka] have also assumed that they are the “smartest” in words, but not deeds that could plunge the heterogeneous Dinka tribesmen and the Dinka power elite into real socio-political conflict and endangerment with other communities in which they both sought to be deliberately and willfully marginalized and comprehensively excluded in the national pie, sustainable governance, socioeconomic development and in the political process. Verily, I say unto you, all the people of South Sudan that all of you should know and understand that there would neither ever be now nor in the future and the present Dinka domination, exploitation and oppression because the Nuer would guarantee that it would be vigorously resist it and would not happen over our dead bodies in South Sudan.” The Nuer folks with determination, motivation, and red badge of courage, patience and perseverance would resist aggressively and ferociously any Dinka attempt to dominate, exploit and to oppress anyone in South Sudan against their free will and consent otherwise there would be no Dinka alive in South Sudan in five years to a decade. The Nuer nationality shall not and will not forgive the Dinka for the genocide inflicted and targeted against the Nuer peoples, mostly children, women and girls, University students, professionals, professors and businessmen as a “final solution” for no apparent good reasons or criminal offenses committed except that they happened to be of the Nuer nationality on 16-17 December 2013 in Juba town, respectively. There would surely be a high price tag to pay for this perpetrated genocide against the Nuer nation and its gallant people as a “final solution” in whole or in part.
This civil war would not end in one , two , three , four , or five  years, but it could drag on for another decade until the Jieng (Dinka) would be defeated with all its backing foreign agents. The Nuer shall and will prevail in this deliberate and willful premature and deliberately and willfully calculated aggression against the Nuer nation and its people for extermination by the Jieng (Dinka) similar to the 1994 Rwanda Genocide perpetrated by the Hutus against the Tutsi. As I can see it, the Nuer people are pretty angry and promised that the Dinka would wish that they did not start the mess on 16-17 December 2013 Juba Genocide and still goes on sporadically in and around Juba town and throughout Jonglei [Byei State], Upper Nile State [Latjor State] and Unity State [Liech State]. Nevertheless, in despite of the Nuer anger against the Dinka because of the transferred events in Juba in 2013 and still goes on, both the Nuer-Dinka intelligentsia have duty and responsibility to restraint both sides to cool it down for peace sake. We would do whatever it takes to stop the bloodshed and we would urge and appeal to the international community provide any necessary assistant required to end the bloodshed between the Nuer-Dinka tribal warfare. We would hope and anticipate to construct one united, indestructible and indivisible democratic ‘self-rule’ and ‘shared federal’ system that would guarantee to a everyone in their own regions to govern themselves under the tutelage of any systems of governance that they preferred, law and regulations based on their own customs and cultural peculiarities, development of their natural resources, strategic critical minerals, oil and gas for the benefit and the betterment of their localities without any encroachment or interference from the central federal government or from any outside agents of any systems thereunto. This premise would become the basis and would make it mandatory for the non-oil producing states to buy oil or the black gold from the oil producing states at prices determined by the international oil marketplace. Realistically, these would-be new arrangements, thus, resemble the current Russian Federation-Ukraine relations on the flows of the natural gas to Ukraine and the Russian Federation with Western Europe receiving natural gas via the undersea pipelines from Siberia to Hamburg, Germany, as the distributing point throughout the Continental Europe. Actually, in all of these would-be new circumstances and new fresh arrangements, non-producing oil and gas states would be required to buy oil and gas from the oil and gas producing states- mainly the three (3) Greater Upper Nile States (Jonglei, Upper Nile and Unity) and the simplest rule of the thumb would be that if any of the non oil and gas states failed to pay, they should be shutdown pure and simple.
XXIII: DINKA LEADERS: TYRANNICAL, AUTOCRATIC, NON-BENEVOLENCE DICTATORS AND TERRORISTS
History has proven beyond a reasonable doubt, that they [Dinka] leaders have been women and children killers, murders, non-benevolence dictators and undemocratic retrospect to Abel Alier to the late John Garang and up to the concurrent Dinka dictator Salva Kiir, the SPLM/A “minister of death” against his own people in South Sudan, unfortunately. They have been also defeated by the Nuer for life and that has been one of reasons that they resorted to hire UPDF, mercenaries and Soldiers of Fortune fighting the gallant Nuer folks. We would leave this immutable premise with the imbecile Dinka leaders to sort it out the preceded statement that have now turned out to become the prima facie Nuer nationality killers and archenemies that they would have to read between the lines. For the small tribes, it would be in their best interests and survival not to get involved, but to stay out of the fighting arena of these two fighting giant nationalities in South Sudan. Let them slug it out alone until they will and shall one way or another find a compromising amicable solution. It has been a cheer weakness on the part of the Dinka dictator Salva Kiir to have lured UPDF and its affiliated, Mercenaries, Soldiers of Fortune (SF) and the terrorists from the Republic of Sudan, i.e., Justice and Equality Movement (JEM) led by Jibril Khalil, Sudan Revolutionary Forces (SRF) led by Abdul Aziz Al-Haleou and the renegade Yassir Arman, the CIA man in Sudan and South Sudan alike and the SPLA-North (SPLA-N) led by Malik Aggar. These rebel groups against Sudan should know and to underscore that their involvement in South Sudan domestic affairs would seriously jeopardize, agitate their armed struggle against Sudan for social justice and could cost them a great deal with South Sudanese and the people of the Greater Upper Nile region that share the longest border with Sudan and with tribes straddled or spillover the border. Because of their collaboration with Salva Kiir’s regime in Juba against the Nuer along the border with Sudan, We would surely not permit them to have any longer sanctuaries or arms depots on our soil because they have burned to ashes our homes, killed our people, rapped our women and girls and committed other atrocities as a defeated people. We hope they know that they cards that have become useless and non-replenishable or non-renewable cards. In other words, The Movements should forget to have any sanctuaries at all, throughout the North-South border because we would not permit them to have such luxury again pure and simple. It is a red line to allow them to operate across the border in the future and the present. They should know that wherever we that know they have established camps or sanctuaries without the Nuer permissions, we would not hesitate prematurely and without any prior notice to launch operations against them because they are no longer nationalist, but Mercenaries, Soldiers of Fortune and terrorists of the third kind. Precisely, let them keep out because they could be crashed and could become statistics like the First Nation in North America by the White Anglo-Saxon Protestants (WASP) Settlers in North America and the Aborigines extermination in Australia (The World Under) by the same White Anglo-Saxon Protestants (WASP). We the people of Greater Upper Nile region would make sure that our border of 2,200 Kilometers remains clear sound and safe like we would do with Ethiopia along its 500 Kilometers with South Sudan stretching from Assossa to Beni Shengul to Gambela Region #12 of the Nuer-Ethiopia in the flexible ethnic federation of Ethiopia in Southwestern part of Ethiopia with South Sudan.
XXIV: The Root Causes of the Problem:-
- I) Prior to the baseless, groundless, incredible and unfounded alleged aborted or failed military coup d’état staged by the former Vice President Dr. Riek Machar against the Dinka dictator Salva Kiir Mayardit, that he (Salva Kiir) unilaterally dissolved the SPLM, the political Bureau (PB), its membership, the institutions of the party before the allegedly military coup d’état against the Dinka dictator Salva Kiir in Juba. This development, of course, occurred after several failures to convene the annual meeting of the PB more than four (4) times.
- II) Rejection by Salva Kiir, his cronies, sycophants, the ethnocentric (tribalist) henchmen and chauvinist pigs to deny the former VP Dr. Riek Machar the right to run for the Office of the President in the forthcoming elections scheduled for 2015. The denial of Dr. Machar’s personal and constitutional right to seek the highest Office in the land tantamount to the establishment of a dictatorship, Stalinist’s state, tyrannical, oligarchic and autocratic rule vs. the instruments of democratic system with all available choices and options by Salva Kiir. This is a clear reminder as we have stated it in the previous paragraphs in which they [Dinka] alleged that “They [Dinka] are born to rule and not to be ruled” and that “They [Dinka] are the “Chosen People” by whom and for what?- it remains a myth to be demythologized.
III) At the opening of the convention of the SPLM Political Bureau (PB) Salva Kiir in his address to the present members of the PB and the political forces of the SPLM, he (Salva Kiir) began by insulting the prominent members, including the former VP Dr. Machar like they were his subjects, houseboys, errand boys or servants rather than freed men with freed thinking and neo-thinking and equals before the audience in the hall.
- IV) Salva Kiir adorned himself as the vicar of the party and suppressed the political work in the state of South Sudan.
- V) More than 125 members out of 161 members of the Political Bureau did not attend and Salva Kiir began to negatively and apprehensively assume that the absent members of the Political Bureau were planning to stage a coup d’état against the Dinka dictator Salva Kiir without any prior substantive evident of the above-mentioned. He further gave direct orders to disarm all the Nuer citizens in the Presidential Guards, Officers, Non-Commissioned Officers (NCOs) and the Enlisted men disobeyed his orders because they did come down from the Chain of Command and without due knowledge of the Chief of Staff Lt-General James Gathoth Mai and the Minister of Defense [MOD] Lt-General Kuol Manyang Juuk. Immediately, the notorious General Marial Cinoor, Commander of the Presidential Guards started the fight in Tiger’s Headquarters overnight and most of Salva Kiir’s Guards were either killed or dead, captured or wounded in the battle.
- VI) Throughout the night up to the dawns on 16 December 2013 Salva Kiir and Paul Malong Awan, Chief Security dispensed orders to the President ‘Special Militia’renegade forces who hails from the Twic Dinka and speaks no any other languages except the Twic Dinka otherwise known as Agetwang, Adut Bany, Malwal Anyier and Malwal Anyuol) numbering 6,000 man strong trained without due knowledge of the General Staff Command of the SPLA and the Ministry of Defense (MOD) General Kuol Mayang Juuk. Based on my expertise in African Affairs and as a veteran of the US Army and Sudanese Armed Forces, President Salva Kiir has been the only President in Sub-Saharan Africa that as Special Militia outside of the general national armed forces.
VII) At the completion of the ninety (90) days of training on how to kill, kill, kill and kill mercilessly and on how to execute orders as dispensed to them by Salva Kiir ordered the Chief of Staff Lt.-General James Gathoth Mai to provide his personal “Special Militia” with uniforms, weapons and equipments, rations and any other accessories available in the SPLA arsenal that they may stand in need. These orders were disobeyed and rescinded by the top military braces and disobeyed by the SPLA Chief of Staff Command on condition that all the President Special Militia were all from the Twic Dinka tribesmen from Warrap State and Aweil, Northern Bahr-el-Ghazel State in Greater Bahr-el-Ghazel region and were illegally trained in violation of the Uniform Code of Military Justice (UCMJ) without due process and knowledge of the MOD and the Office of the Chief of Staff.
VIII) This was the beginning of the raw and the falls out between Salva Kiir and General James Gathoth Mai, the Chief of Staff of the SPLA in Juba. The President on the nights of 16-17 December 2013, respectively, ordered his personal ‘Special Militia’ to go into Juba town to kill the Nuer Civilians’ population on the streets, to drag them out of their dwellings or residential areas, business places, Shopping Centers, Supermarkets, Fish Markets and butcher shops, offices, colleges, universities and hospitals to kill them all in which more than 17, 613-20,000 plus innocent Nuer people were targeted for extermination as a “final solution” of the question in whole or in part that neither had knowledge of the alleged aborted or failed coup d’état nor any business to do with military and the government of the day that turned out to be the number one public enemy far worse than Arabized Muslim North during the chronic, the longest and the most forgotten civil war in Sudan and Southern Sudan in particular. In fact, genocide or the crime without a name as the UK PM Sir Winston Churchill called it during the Second World War (WWII) (1939-1945) was committed not only restricted or confined to Juba Genocide that occurred on 16-17 December 2013, respectively, that it still goes on sporadically in and around Juba town, including the UNMISS Compound wherefore hundreds of thousands innocent Nuer and other nationalities, including the Dinka civilians population have sought refuge and protection.
- IX) We could not be more than grateful to the UN Secretary-General Special Envoy to South Sudan Ms. Hilde Johnson for providing protection to these innocent targeted people for extermination or annihilation in whole or in part by their own government as a “final solution” against the Nuer people in South Sudan. What is now the different between Adolph Hitler and Salva Kiir and the Hutus’ renegades and Salva Kiir and his uncouth and savages militia in Juba?
- XI) Without the shadow of a doubt, gross and gruesome systematic genocide has been committed in Jonglei, Upper Nile and Unity States by President Salva Kiir Personal Militia ‘Special militia’ and the Dinka soldiers in various units of the SPLA, the UPDF and the Uganda Air Force (UAF) dropped large sorties or salvos of internationally banned bombs globally under international law, Non-proliferation Treaty (NPT) and the UN Atomic Energy Commission (IAEA) i.e., Napalm bombs, Cluster bombs and White Phosphorous bombs similar to the bombs large sorties or salvos of similar bombs used by the Israeli Air Force (IAF) in its Twelve-Day War with Hamas fighters in Gaza Strip in 2012 and now doing so in the ongoing Gaza War between Hamas-Israeli conflict July 2014. These have been the reasons and the root causes of the ongoing aggravating situation in South Sudan.
XII) The failure of the African Union (AU) and IGAD to handle it appropriately, the ongoing dangerous crisis in South Sudan could spillover and plunges the entire region in the Horn of Africa and East Africa, including Sudan could become politically entangled to destabilizing Sudan to become an international “hot spot,” and could become the most dangerous and unquenchable military inferno for the future and the present.
XIII) Briefly, the internal split within the SPLM ruling party and the illegal, unconstitutional and unilateral actions undertaken by President Salva Kirr were breached of the constitution, by-laws and regulations of both of the SPLM ruling party and the Interim Transitional Constitution of the Republic of South Sudan (ROSS) totally and completely have been responsible for the current critical politico-military situation, political instability that could move South Sudan from becoming destabilized state could move from being stateless to statelessness like in Somalia in the past decades.
XIV) The ongoing genocidal war outcome could surpass the 1994 Rwanda Genocide on both sides of the warring parties, destruction and mayhem of so many lives and property in South Sudan. As regard to the alleged coup d’état, there has been no shredded evident to substantiate or to corroborate it.
- XV) Unless stern measures would be undertaken to force the immediate and the unconditional withdrawal of forces out of South Sudan the war could escalate rather than to de-escalating it. Most importantly, as long as UPDF, the Mercenaries, Soldiers of Fortune and the terrorists from the Republic of Sudan (ROS) fighting at behest of Salva Kiir’s wicked and brutal regime, the likelihood of any peace deal through the IGAD would remain slim indeed. Assuming that Dr. Riek Machar of the SPLM-in-Opposition comes to an agreement with Juba, the South Sudan Revolutionary Forces (SSRF) with all its components fighting side-by-side with the defected SPLA forces that joined them in opposition against the GOSS in the last eight (8) months or so, would continue with the war because the SSRF did not have any ceasefire or cessation of hostilities with the GOSS neither with the political leaders of the SSRF have neither been consulted to participate in the comprehensive and inclusive peace process nor signed cessation of hostilities and they ceasefire, protocols and comprehensive and inclusive in the peace process in Addis-Ababa, Ethiopia. Affirmatively, whatsoever peace agreement that would be signed in Addis-Ababa, Ethiopia, in the foreseeable would signify only to reconciling the split SPLM as the ruling party and would have nothing to do at all jazz with South Sudan Revolutionary Forces (SSRF) and all its components who would courageously continue the war as vigorously and intensively as much as possible.
XXV: Who are Responsible FOR THE CONFLICT AND GENOCIDE IN South Sudan?
First and foremost of all, the full responsibility of the current situation in Africa’s youngest country has been squarely blamed on Salva Kiir, General Malong Awan Security Chief, President Kiir’s Special Militia and their cronies, sycophants, protégés advisors. i.e., James Tellar Deng, Special Presidential Advisor and Dr. Lam Akol Ajawien of the DC Party, Tutkaw Gatluak the most primitive and uneducated Presidential advisor, Dr. Riek Gai Kok, minister of Health, and Presidential Advisor, Madam Nyadak Paul, Deputy Minister of Information and Culture. Mr. Tut Kaw Gatluak, Presidential Advisor, The SPLA that as been comprised of all the tribes in South Sudan and the Nuer in particular, controls over 75% majority in the SPLA armed forces did not shoot to kill any innocent Nuer peoples or any other nationality civilians’ population in Juba town. As soldiers and professionals, they opted to remain out of the politics by obeying the orders from the chain of command under the command of Lt.-General James Gathoth Mai to keep out of politics and would only interfere in the event that independent, sovereignty of the state and its territorial integrity has been threatened and would act only under the constitution and by-laws of the Republic of South Sudan (ROSS). The genocide committed, per se, was committed by the President and Paul Malong Awan ‘Special Militia’. The root causes of the ongoing South-South War in Africa’s youngest pre-born and pre-failed state has been attributed to the shocking, but not surprising announcement made in Juba by Salva Kiir Mayardit on 15 December 2013 to the world that there was an attempted failed coup d’état in which Salva Kiir accused the former VP Dr. Riek Machar as being the ring leader of the alleged and unsubstantiated aborted or failed coup d’état.
Based on the said polemical statements, there was no shredded evident to proof and to substantiate beyond a reasonable doubt, that there was no attempted failed coup d’état against Salva Kiir. “The international community, including the Americans have accepted in principle and in whole that there was no attempted failed or aborted coup d’état by the former VP Dr. Riek Machar against President Salva Kiir”. In Washington, the US official dismisses alleged coup d’état in South Sudan. A United States official said on Thursday that “A political rift within South Sudan’s governing Sudan People’s Liberation Movement (SPLM) and not a failed coup attempt as government claims caused the widespread violence that hit the country in mid-December”. The US Assistant Secretary of State for African affairs Linda Greenfield said “We [the US] have not seen a coup any evidence that this was a coup attempt, but it was certainly the result of a huge political rift between Riek Machar and the President.” The US galvanized support to end hostilities and open a broader dialogue between the two sides –the SPLM in Juba and the SPLM-in-Opposition excluding or at the expense of the original armed opposition that fought both Machar and Salva Kiir when they were in the same boat from 2005-2013. As long as the talks for peace under the auspices of the Intergovernmental Authority and Development IGAD) are not comprehensive and inclusive in Addis- Ababa, Ethiopia, the roadmap to peace remains zigzag and murky in the future and present. Realistically negotiations though remains the best hope or the most tenable reasonable alternative (TRA) solution for South Sudan and the region, any brokered agreement without the inclusion of the South Sudan Revolutionary Forces (SSRF) and the Nuer White Army (NWA), which is also a non-SPLA entity, but a component of the SSRF, we could not assume that hostilities would end soon in South Sudan. The SSRF would not accept the repeat of the bilateral Nasivasha Peace Agreement of 2005 otherwise technically known as the Comprehensive Peace Agreement of 2005. Any further dialogue par cum pari (equal) without the inclusion of the SSRF would definitely undermine and peace or any roadmap to peace and the core of the grievance issues that are the root causes of the crisis and the Juba Genocide similar to the 1994 Rwanda Genocide in Rwanda. We could agree more with former US special Envoy to Sudan and South Sudan Princeton Lyman recognizes that “The institutional weakness in South Sudan’s should be attributed largely to the crisis.” We could not agree more with such direct, straight, lean and accurate analysis that not many South Sudanese leaders in the SPLM ruling party would accept as a real issue to be address if the goal is to have peace and tranquility in South Sudan. As the leader of the South Sudan Democratic Front Party (SSDFP) a legitimately registered party in the country prior to the split and also in the youngest country that hopes change its name to South Sudan Democratic Party (SSDP), we have been the only lone party that has been in opposition against the GOSS. We were almost more than 10 parties that were in opposition, but many were bought off and co-opted to the SPLM the ruling party in the country. Succinctly, as Princeton Lyman observed that “The weaknesses of the political institutions, the overlap of the party and the government and the army, all contributed to the inability of the SPLM as a party to resolve these growing developments.”
The acceptance of no attempted coup d’état against Salva Kiir by the former VP Dr. Machar has cleared up the airwaves and exonerated the former VP from any quilt and doubts over the incident. It was also a bonus for the former VP to be exonerated from and complicity in the so-called attempted aborted or failed coup d’état because President Yuri Museveni of Uganda whose forces are helping the South Sudanese government fighting against the rebels had admitted in a closed-door IGAD summit in Addis-Ababa, Ethiopia, for the first time on 11June 2014 that there was “No coup attempt had occurred in Juba, saying what caused the crisis in mid-December as simply a fighting between presidential guards”. President Museveni’s mad the confession during a hot debate involving the former VP Machar and President Kiir n the presence of the regional leaders on what transferred in Juba on 15 December, adding the South Sudanese leader did not react to Museveni’s new interpretation or position. The Ugandan President instead agreed that the fighting merely started between the Presidential Guards and was not a coup. This was a new and anew fresh evident to dismiss of the alleged failed coup d’état against Salva Kiir by the former VP Dr. Machar. President Museveni’s change of interpretation or position of what sparked the current eight months old crisis did not come as a surprise to the many of the regional leaders present as they in the past dismissed the coup d’état attempt this new and accurate narrative or explication with the exception of the Ugandan President who tried to sell it in vain. Interestingly, the Ugandan President clearly and baldly explicated that “Fighting erupted when President Salva Kiir allegedly ordered the Presidential Guards Commander to disarm ethnically Nuer soldiers among the guards, sparking the violence and massacre of thousands of Machar’s Nuer civilians in the capital”. Hence, based on the above-mentioned, it was a real fabricating’ story of the coup d’état attempt in order to rid or assassinate swiftly all of political reformists within the SPLM ruling party as well as “administered” the massacre of the civilians in Juba.
XXVI: TRADED ACCUSATION BETWEEN KIIR AND MACHAR: WHO’s RIGHT AND WHO’s WRONG?
Even though Salva Kiir accused the former VP Dr. Machar of having staged a coup d’état against his former boss, there is no shredded evident to substantiate or corroborate such an allegation. Of course, Salva Kirr has been plotting all along behind the scene of plotting a coup d’état along with others has now been revealed by this new damaging evident that put the whole strategic plan as a plot designed by Salva Kiir, his protégées, tribal henchmen, his cronies and his sycophants to assassinate or to eliminate all of the fourteen (14) senior political leaders and the progress democratic reformists with the SPLM ruling party. From the political and legal viewpoint, the former VP Dr. Machar has been exonerated and completely a clean person in the political plotting that killed so many lives of the Nuer civilians who had nothing or any shredded involvement to do at all in the so-called attempted failed coup d’état. And the offense that destroy or killed so many was that they were of the ethnically Nuer folks in Juba. Of course, the new revelation has been indicative and congruent with the US Secretary of State John Kerry statement during is official visit to South Sudan that “There are very disturbing leading indicators of the kind of nationalistic killings taking place that raise serious questions.” The question of interest a material witness to the case or this unfortunate episode, would be, then, was there really a coup attempt and if not, what was it? I shall be obliged to leave this question to become and open ended question of political, legal, logical and analytical legal reasoning and reasonableness inquiry. As we have known along in this foiled plot to assassinate the former VP Dr. Machar-s and his colleagues as the democratic reformists in the SPLM/PB, the Ugandan forces were deployed in and around Juba town on 13 December 2013, two days prior to the eruption of the violence, was indicative that the early deployment of foreign forces illegally in the country was not only a violation of international law by President Salva Kiir, the cardinal principles of the Constitution of the Republic of South Sudan that could warrant in a democratically structured National Assembly or Parliamentary vote of no confident or impeachment proceedings against the President without any delays or quid-pro-quos and to issue subpoenas to some of his top notch senior advisors for interrogations under oath to what they really knew had transferred and what they all knew all along for that.
XXVII: THE EARLY DEPLOYMENT OF THE UPDF IN AND AROUND JUBA
Precisely, the early deployment was indicative that there was a preconceived strategic plan to initiate violence amid heated debates within the SPLM ruling party on the future and the present of the party leadership and to commit the offense or the crime abated by Ugandan forces and to withdraw in the aftermath of the execution of the plot against all the political democratic reformists within the SPLM ruling party. Thanks God Almighty that the two dictators- Salva Kiir and Yuri Museveni plot against the reformists within the SPLM ruling party has disastrously, totally and completely failed at te end of the day. Could the people of South Sudan put their trust on their primitive and blood thrust president and the proven beyond a reasonable doubt, that he (Salva kiir) has been the minister of death like Dr. Joseph Megala of the Nazi Germany during the Second World War (WWII) in 1939-1945. Actually, the foiled plot was one of the prima facie raison d’être that got Uganda involved in the internal fighting or in the domestic affair of South Sudan and refuses to withdraw its forces despite 23 January Declaration of Cessation of Hostilities Agreement. However, in the aftermath of the declaration and the revelation on of the damaging evident against Salva Kiir that there was no coup d’état attempt by former VP and his colleagues in South Sudan, the Ugandan leader voiced his “willingness to pull out his troops” after having incurred heavy losses in human lives and equipment in South Sudan. We would welcome Ugandan withdraw of its forces from South Sudan and was the main speaker negotiating on behalf of the Dinka dictator Salva Kiir. The eight (8) months old violence has claimed thousands of lives on both sides and displaced over 1.5-2.5 million other since the crisis erupted in mid-December 2013 of the previous year.
XXVII: THE LACK OF CONCERETE SUBTANTIVE EVIDENT OF COUP ATTEMPT: POLITICAL NIGHMARE FOR KIIR AND CRONIES
Unless Salva Kiir could produce further concrete, reliable, stronger and substantive evident beyond a reasonable doubt, the alleged attempted aborted or failed coup d’état against the former VP Dr. Machar, he (Salva Kiir) would not stand an iota chance on whatever evident that he had already presented to become legitimately, admissible and acceptable in any court of law, the Uniform Code for Military Justice (UCMJ), to the whole world and in any international tribunals. [The US also concurred with the statement that I addressed the world through Al-Hurah Television alive cast via satellite from Khartoum, Sudan, to Washington, DC, USA, in both Arabic and English languages to rebuttal or refute the premature statements announced or made to the world by President Salva Kiir who has been known of being biased or prejudiced, jealous and anti-Nuer sentiments because of the “Nuerophobia” among the Dinka towards the Nuer nation and its resilient people and potentially the richest in oilfields and gas fields as well as the strongest nationality in South Sudan similar to the Germanophobia by Europeans towards the German people retrospect to the Second World War (WWII) period in 193-1945.
Conclusively, President Kiir has committed a dangerous historic blunder and really shaded the Dinka contemporary history with blood for this generation and the next. Most importantly, Salva Kiir must and ought to produce and to show to the international community the individual officers that were involved in the alleged attempted aborted or failed coup d’état. Up to this time, he has failed to produce and to show none of this vital evident and material witness at all. Precisely, Salva Kiir completely and totally told the world the biggest lie of the century and history would not absolve him and would not be forgiven by the people of South Sudan for that. Most importantly, the Dinka dictator had designed a disastrous and mischievous calculated strategic plan to assassinate of all the fourteen (14) in cold blood the senior members of the SPLM Political Bureau (SPLM/PB), including the former VP Dr. Riek Machar that was abated by the Uganda dictator Yuri Museveni similarly to Colonel Mengistu Hale Miriam of the Marxist-Leninist Dirge regime aborted the late Marxist-Leninist John Garang de Mabior to swiftly murdered the late Colonel Samuel Gai Tut Bong, the First President of the Southern Sudan People’s Liberation Movement/Army (SSPLM/A) in March 1984. Certainly, Museveni’s has a grudge against both Dr. Machar and Sudan’s President Al-Bashir allegedly supported the Lord Resistance Army (LRA) and failed to capture or to murder Joseph Kony, leader of the LRA when Dr. Machar’s had the opportunity to have met with Joseph Konyi along South Sudan border with the Democratic Republic of the Congo (The D.R. Congo).
XXIX: RESOLUTION OF THE CONFLICT AND THE WAY FORWARD
Africa and the international community must and ought to acknowledge that the conflict in South Sudan has been “Genocide”… as the gravest and the greatest crimes against humanity has defined by the UN Convention on Genocide in December 1949, which came to effect in January 1951. In Article II of the said Convention, the crime of genocide has been perpetrated against targeted the Nuer nationality, the Nuer nation and its resilient people by foreign powers in coalition with the non-benevolence Dinka dictator on 16 and 17 December 2013, respectively, in Juba town, shall be known hereinafter as the 2013 Juba Genocide and that still goes on sporadically in and around Juba town vicinity, including the UNMISS Compound wherefore thousands of people have sought refuge and protection. The crime of genocide has also been committed in Jonglei State, Upper Nile State and the Unity State by units of the notorious Dinka SPLA soldier who are either all dead, wounded or captured alive and executed by the Nuer White in avenged to their loved ones murdered in Juba by President Salva Kiir’s ‘Special Militia’ on 16-17 December 2013, respectively. In addition, the Uganda Air Force (UAF) planes dropped large salvoes or sorties of internationally banned bombs, i.e., Napalm bombs, Cluster bombs; the White Phosphorous bombs and the Uranium depleted bullets similar to these banned bombs utilized by the Israeli Air Force (IAF) planes against the Palestinian Arabs during the Twelve-Day War in Gaza Strip in 2012 and now in the ongoing war in Gaza Strip between Hamas-Israeli confrontation in which for the first time in the history of the Arab-Israeli conflict every Israeli city was hit by unsustainable and continuous barges of rockets by Hamas fighters in Gaza Strip and Southern Lebanon into every Israelis Cities, including the Tel Aviv, the Capital of the State of Israel. As a professional soldier and a veteran of the US Army, I do know firsthand the impact of these internationally banned weapons on human health used against the people in Jongeli State for the next decades in the future and the present. President Yuri Museveni of Uganda should be charged as an international terrorist and an international war criminal for the unlawful utilization of the internationally banned bombs as per Non-Proliferation Treaty (NPT), the UN International Atomic Energy Agency (IAEA) and the utilization of other banned biochemical warfare or the arms of mass destruction (MAD). We would pursue this case internationally and before the United Nations organization and the UN High Commission for Human Rights (UNHCR) against President Yuri Museveni of Uganda should be condemned for using internationally weapons of death to make an apology and to pay reparations to those gravely affected by the use of such banned bombs that polluted and contaminated the grazing and agricultural lands and drinking waters of these traditionally Dinka-Nuer horticulturalists by the Uganda Air Force planes. The following points should become pre-requisites for peaceful conflict solution and the way forward:-
- Salva Kiir should step aside or to step down from the seat of power for the sake of the vital national strategic interest, its independent, sovereignty as a de jure state, and its territorial integrity. He [Salva Kiir] should return the power of the state to the people because it belongs to them reckoning that he (Kiir) has failed the state and its people as a whole.
- Formation of an Interim National Transitional Government (INTG) based on a shared federal system of government for a period of 18 months in which to write a democratic federal constitution, electoral laws and regulations and a written constitution and to return it through a referendum to the people of South Sudan.
- The head of the Interim Government of National Unity (ITGNU) shall be reliable, mature mentally, with sound mind, above average educated person, liberal minded, moderately religious, uniting all the people in power sharing rather than being individualist, divisive, tribalism vs. de-tribalized, respectable and trusted person by all the people, including the warring parties to restore national unity, reconciliation, forgiveness, but not to forget the past. In summation, he/she must and ought to be a person of good character that believes and adjudicates social justice, democracy, freedom, and equality amongst all the people regardless of race, color, tribe, gender, religion, national origin and gives judgment to everyone according to the content of their character.
- The immediate and unconditional withdrawal of all foreign forces- mainly- Uganda People’s Defense Forces (UPDF) out of South Sudan before any negotiated settlement with the Dinka dictator Salva Kiir could take place. All foreign forces should include, inter alia, UPDF, Rwanda, Uganda-Rwanda-M-23, Mercenaries and Soldiers of Fortune (SF) from some East African countries elements affiliated to the UPDF, JEM, Sudan Revolutionary Forces (SRF) and the SPLA-North (SPLA-N) without any quid-pro-quos as sine-qua-non to peace in South Sudan. Any failure on IGAD and the African Union (AU) to implement the above-mentioned or the aforesaid conditions could further escalate tensions, hostilities, insecurity and to escalating war between the warring parties to the maximum, thus, endangering the entire Horn of Africa (HOA) region and East Africa, including the Republic of Sudan(ROS) and beyond. We would not hesitate to seek assistance of any kind from any powers to protect and to defend our people and our motherland from the UPDF neo-colonialism, neo-imperialism, occupation, international terrorism and the international criminal justice system.
- We further reiterate to the AU Commission and the IGAD mediators that immediate and departure of all foreign forces out of South Sudan without any quid-pro-quos or preconditions would be sin-qua-non to peace, cessation of hostilities, permanent and just and durable negotiated peace settlement with the Dinka dictator Salva Kiir in Juba. We shall and will continue with the war against Museveni-Kiir forces, Mercenaries, Soldiers of Fortune and terrorists affiliated with them throughout South Sudan.
- Government of South Sudan should acknowledge in principle that the crime of Genocide… as the most gravest and the greatest crimes against humanity has been committed against the targeted Nuer nation and its resilient people on 16 and 17 December 2013 and still goes on in and around Juba town vicinity, including the UNMISS Compound wherefore hundreds of thousands have sought refuge and protection, Jongeli State, Upper Nile State and Unity State; that those responsible shall be brought to justice., including the de facto President of South Sudan Salva Kiir, Paul Awan and Marial Cinoor, accomplices and those involved in the gravest and the greatest crimes against humanity to justice. They should be indicted, subpoena for interrogations as material witnesses and persons of interest before the international tribunal. We shall not stop resistance until justice would be done to the fullest of the law.
- Assuredly, there would be no cessation of hostilities because the war would continue until all the aforesaid conditions herewith have been met and implemented appropriately by IGAD, the UN and the AU.
- We would not accept any entry of foreign forces into South Sudan without any formal agreement between the warring parties because any continued presence of foreign forces would jeopardize, bias or prejudice tantamount to neo-colonialism, neo-imperialism; occupation and international terrorism and counter-terrorism and as a result, would warrant further foreign intervention and escalation of hostilities and to diminish the attainment of détente (reduction of tensions) throughout South Sudan.
XXX: THE PROBLEM TO BE STUDIED
The practical problem to be studied and that needs critical attention is the idea of a federal system in Africa’s youngest failed state in South Sudan. Federalism, per se, is not new and anew. Nevertheless, the federal concept or idea in Sudan and Southern Sudan in particular was atypically a demand or a call by the non-actors or ruling groups from the periphery, especially from Southern Sudan, who agitated to participate in the governing process. Hence, on 13 December 1950 Buth Dieu, MP, one of the thirteen (13) members of the Legislative Assembly from Southern Sudan, raised the issue of federalism between the Arabized Muslim North and the non-Arabized non-Muslim South. The issue was also raised at fiasco 1947 Juba Conference by the Southern Sudan delegation, but absolutely and completely was suppressed by the Civil Secretary, Sir James Robertson, who well known anyway to be anti-Southern Sudan against the call or the demand of the exercise of the right to self-determination by the Arabized Muslim North from the UK scheduled on 1.1.1956. The late Buth Dieu stood in protest against the manner in which the de-colonization process was proceeding without the realization of the constitutional safeguards demanded by the Southern Sudanese. The demand for a new paradigm shift in South Sudan has been a desire to preserve the issue of national Unity, national integration, accommodation of internal diversity and fostering appropriate relations or links with their neighbors. Actually, in both cases, the only solutions that seem to be feasible are “federal solutions”. The desires to have a real foedus– that is to say a “union by treaty” between or amongst states seem to be the most tenable reasonable alternative (TRA) solution for conflict resolution in South Sudan. The focus or the main focal point of this proposal would be to identify different types of federal systems and comparative governments or systems in the world and to compare and contrast to identify one or more that could offer better alternative federal system of government for South Sudan or the one that they could emulate from for the future and the present. Of course, the new paradigm shifts and the demand for democracy vs. the authoritarian, dictatorship, tyranny and the rejection of the totalitarian Communism in the late 1980s to early 1990s through perestroika and glasnost in the former Soviet Union and Eastern Europe following the anti-authoritarian regimes in Latin America in the earlier 1980, were all stimulated or influenced by the ending of the authoritarian regimes in Southern European nation-states of the Mediterranean and the Iberian region– Spain, Portugal and Greece-in the late 1970s. Suddenly, democracy, which only seemed to be on the retreat in the face of the growing repression throughout the world, has made a rapid come back as the real political wave of the future and the present.
The study would inquire into the prospects of federal policy as traditional and modern mechanism for the resolution of the ongoing aggravating situation or acute conflict paralysis that puts South Sudan on “hot spot” international track for political and socioeconomic development, human development, education and unity of its culturally diverse people. In order to resolve this civil war or tribal warfare (Nuer-Dinka warfare) in South Sudan, we would have to formulate questionnaires and policies for peaceful and political conflict resolution. This proposal recommends or suggests specific hypotheses, which I shall be obliged through the social sciences research variables and methodology as follows:-
- Hypothesis I: would be devoted to the idea and definition of federalism, self-rule, and shared-rule, accommodation of internal diversity (ethnics), intergovernmental relations (IGR) and fostering linkages with the neighboring countries and the inter-states relations in all aspects of life, good and services, disputes…etc. would be generated via research.
- Hypothesis II: Focuses on the implementation of federalism, power sharing, delegation of power and authority, representation and participation, federal powers, state powers, resources, nationality questions, freedom of movement and all other freedoms,, mechanism for aggregating diverse interests, division of authority, transparency and accountability and control.
- Hypothesis III: the adoption of a federal system of government that seem as a feasible federal solution to socio-economic development and political representation and participation. The aim herein has been the injection in the process the problems of regional conflict or the lack of development and fiscal responsibilities into the heart of federal administration as a field of inquiry. We would hope that the proposed federal system of government in South Sudan would bear fruits and deserves to be studied as a feasible federal solution to the prevailing and existing problems to effectively address the aforesaid issues.
XXXI: OBJECTIVE OF THE PROPOSED STUDY
Precisely, the objectives of the proposed research project are as follows:-
- To critically examine the formal structures both on federal and state government, the institutions building, linkages between federal organs and state units as both equal partners in the federalization process for stable federal system of government.
- How could the federal system contribute to power sharing, intergovernmental relations, federal-state-local relations, political representation and participation to guarantee constitutional safeguards and harmonious co-existence in South Sudan?
- To compare and contrast whether federalism as pre-conceived in South Sudan could measure to the established standards of political transparency, accountability and as an effective and dynamic form of government for socioeconomic development in this failed state in South Sudan.
- To envisage and to evaluate its contribution to restoration of the eroded civil society, eradicate rampant corruption, embezzlement, tribalism vs. de-tribalization, favoritism, nepotism, patronage and to advance the process of nation building and democracy from top down bottom up or horizontal and the initiation of a fair, just, equal democratic administration that provide all the democratic values, social justice, freedom, democracy, and equality as well as equal opportunity and a sense of belonging? These questionnaires would be addressed separately instead of addressing or lump them together in this proposed study.
XXXII: PROPOSED SOLUTION IN South Sudan DEBACLE OR SCHISM
As we have already illustrated in the previous pages and paragraphs of this work, we do believe as rational Humankind and above average educated people with sound minds and characters that there are tenable reasonable alternative (TRA) solution to all humankind, scientific and pending national problems. Humankind, we believe have the ability to create problems; societal, war, aggression and quagmires political and socioeconomic problems created by this rational animal called mankind, and we also believe that there are no problems without probable solutions from public administration and public policy view point. In fact, high spirit administrators, practitioners and public policy decision-makers often sought out solutions to accommodate administrative, social and the wholesome functioning of the national institutional dynamics, whereas, the mediocre administrators, practitioners and public policy decision-makers, usually have been overwhelmed by the degrees of enormity of the accumulated pending problems within any national, political, societal and institutional settings or frame of reference (worldview) on the planet or in any given structured, functional, viable and vibrant nation-states.
XXXIII: THE COST BENEFITS ANALYSIS OF FEDERALISM IN SOUTH SUDAN
Finally, without any hesitation, hard work, rational minds, scientific, logical and analytical reasoning and reasonableness, would at the end strike or arrive at a reasonable political and legal solution acceptable to the warring parties on the ongoing critical and dangerous trend of the crisis that poses threats and political instability to the entire region. In my capacity as political scientist and an expert in conflict resolution based on the traditional and the modern mechanisms to be adopted and fairly implemented impartially by the IGAD mediators, the AU and the UN, we could strike or brokered a deal wherefore the righteous frame of reference (worldview) on the conflict resolution based on traditional and modern conflict resolution mechanisms. Nevertheless, the entire responsibility to achieve peaceful and political conflict resolution remains solely on South Sudanese to exercise leadership, soberness, patience, endurance, reconciliation, to forgive, but to forget the past. The warring parties have to moderate their extreme positions or quadrants for the sake of peace, political stability, socioeconomic development and cohesion to prevent it not to become an international ‘hot spot’ for the benefit of all parties concerned.
Certainly, human beings as rational animals and with fluctuating minds have the ability to create problems for others to seek just and durable solutions to such pending socio-political existing circumstances within any given nation-states. As many public administrators, practitioners public policy decision-makers would put it that “There are no problems without solutions”. Therefore, the current political dichotomy and dilemma, genocide, ethnic cleansing as the US Secretary of State John Kerry put it during his official visit to South Sudan that “There are very disturbing leading indicators of the kind of nationalistic killings taking place that raise serious question”. Secretary Kerry based on this well constructed logical; epistemological; socio-political; sociological; scientific; methodological; analytical reasoning and reasonableness inferred to the GOSS in the classical diplomatic language, his fact-findings missions and the leading indicators have been that Genocide… as the most gravest and the most greatest crimes against humanity has occurred in South Sudan pure and simple. Whether Salva Kiir regime likes it or not, the crime of genocide has occurred in South Sudan and still goes on throughout the country has been part of the strategized and implemented genocide by the Dinka power targeted the Nuer nation and its resilient people in South Sudan. This is the bottom line. It does not need a rocket scientist to scientifically analyze and to conclude that in the real sense of the term, Genocide… as the gravest and the greatest has occurred in South Sudan as defined by the UN Convention on Genocide in December 1949 and which came to effect in January 1951. The GOSS could not have the slightest nerve, guts and gusto to deny this well-calculated, well-perpetrated, well-established, well-orchestrated and well-documented evident and political reality that the Nuer nationality has been targeted for extermination as a “final solution’ in whole or in part in what shall forthrightly be written by political scientists or social scientists, historians, sociologists, philosophers, humanists, lawyers and scholars in modern historical epoch and books that shall be known hereinafter as “The Juba Genocide” committed by President Salva Kiir’s Special militia against the Nuer people similar to the 1994 Rwanda Genocide in South Sudan. Secretary Kerry further stated it that “Were they to continue in the way they have been ongoing could really present a very serious challenge to the international community to the questions of genocide in the Ethiopian capital, Addis-Ababa.
Analytically, this preceded statements have been confirmation that “Genocide,” per se, has been committed and should be a shame, shame and shame indeed that South Sudan Foreign Minister Dr. Bernaba Marial Bill, of a Nuer nationality, glossed over it and categorically lied, denied and downplayed the prospects of the country’s ongoing genocidal warfare conflict by baldly saying that it was being “misinterpreted” by whom and for what, it remains a myth to be demythologized. The FM Dr. Marial an above average educated medical doctor, a scientist, my dear friend, a brother and a fellow Nuer nationality, really and grossly disappointed me indeed when he denied bluntly the extermination or annihilation as a “final solution” against the Nuer people in whole or in part that “There has been no genocide, but yes, he (Dr. .Marial) asserted that there is rebellion which is being contained and that is why the government in collaboration with the international partners and friend from the region are putting efforts towards implementation cessation of hostilities so that we don’t go into the process of genocide”. As a matter of fact, all the bald statements have bologna, the bottom line has been that genocide as we all know it, does not need a rocket scientist to interpret it has already been committed against the Nuer civilians’ population who had nothing to at all to do with the alleged failed coup d’état allegedly staged by the former VP in Juba.
The FM further articulated and reiterated it in defense of the non-benevolence dictatorial regime in Juba that “So all this we hear about warning of genocide in the country because there is no ethnic war, that what happened was an “attempted coup d’état”, which resulted into a rebellion and the struggle for power. Again, the FM of South Sudan goofed or lied to the international community as a medical doctor by profession; he needs to protect his repetition before the international community and unless he wishes to be tainted such repetition to become another “Dr. Magalia” in South Sudan. Frankly speaking, all the stories being told by the FM tantamount to be blunt lies and systematic denials of the truth that genocide did, in fact, occurred in Juba town and still goes on sporadically in an around the most dirties sprawling Metropolitan Juba town targeted thousands of the innocent Nuer civilians’ population from being exterminated by their own government in Juba, unfortunately. Conclusively, whether Dr. Barnaba Marial denies it or not, likes it or not and prefers to remain aloof, naiveté political stooge and a poodle of Salva Kiir, the fact of the matter has been that “Genocide”… as the gravest and the greatest crime against humanity by the UN Convention on Genocide in December 1949 and which came to effect in January 1951 deliberately and willfully targeted the Nuer nationality for extermination as a “final solution” in whole or in part by the Dinka “Special Militia” under the direct orders and command of President Salva Kiir personally and his new Chief Security Paul Malong Awan as occurred and continuing to do so throughout the country targeted the Nuer nationality that has been successful in depending targeted innocent civilians’ population as a “final solution” in whole or in part from this gross systematic, calculated designed and perpetrated genocidal warfare against the Nuer nation and its resilient people. The fighting Nuers have already defeated the Dinka (Jieng) and Salva Kiir regime because if it were not so, there would have been no external intervention from UPDF, Mercenaries and Soldiers of Fortune, including the Justice Equality Movement (JEM) of the Zagawa led by Jibril Khalil, Sudan Revolutionary Forces (SRF) led by Abdul Aziz Al-Helou and the renegade and the USCIA man or the errand boy Yasser Armand in Sudan and South Sudan alike. The intervention of SRF from Southern Kordufan led by Adul Aziz Al-Helou, the SPLA-North (SPLA-N) led by Malik Aggar in Southern Blue Nile (Ingessena) to fight at behest of the Dinka regime have been clear indicators that the Dinka have been defeated by the fighting Nuers and that external forces and the terrorists affiliated to them have been taught the hardest, most gruesome, unforgettable and the toughest lessons learned ever from getting involved in South Sudan conflict as Mercenaries, Soldiers of Fortune and terrorists without a nationalistic costs benefit analysis at behest of the Dinka dictator Salva Kiir Mayardit. What have they gained from this premature direct involvement in South Sudan? What have they got to do with South Sudan? Given, the present circumstances in South Sudan, the roadmap to peaceful and political conflict resolution is there at the horizon. Nevertheless, how to get there remains the most treacherous, hazardous, tedious, the most gruesome and the most cumbersome problem ever to venture in the 21st century African politics in South Sudan. In essence, Dialogue, par cum pari (equality) (ruaini tee paar) remains to be the only way out or both Salva Kiir and Dr. Riek Machar forces would have to slug it out until one of them would become surely decisively defeated on the battle fronts.
This paper makes different proposals, recommendations and suggestions as the most tenable reasonable alternative solution on the current political dichotomy and dilemma in South Sudan conflict that:-
- South Sudan would have to be dismembered or disfigured or disintegrated to become two or three independent states like in the Greco-Cypriots and Turkish-Cypriots Cyprus, the Czech and the Slovak Republics in Central Europe, the former Yugoslavia divided into seven (7) states, viz., Bosnia, Herzegovina, Croatia, Macedonia, Montenegro, Slovenia and Kosovo with each state fanning out for itself and God for all.
- South Sudan should become a shared federal state, confederal, Asymmetrical federalism and Associational Federalism similar to the USA and Switzerland with each region to develop itself with its own resources under a sophisticated and understandable federal constitution with each state or region has its own parliament, a bicameral or unicameral House of Senate and a House of Representatives elected by the people under the democratically elected Governor and Lt.-Governor through a democratic secret ballet vote, to write its own constitution, by-laws and regulations. The Governor shall be the Chief Executive of the State Government.
- South Sudan should reunite with Sudan similar to the North and South Yemen or to opt by establishing a Commonwealth of Independent States (CIS) in the post-Soviet model in the Russian Federation. It would be imperatively impractical, if not impossible, to attain Unity of purpose and of equals in South Sudan given the degree of genocide that has occurred against targeting the Nuer nationality. Without the shadow of a doubt, the Greater Upper Nile region shall opt for the declaration of political independence. Can South Sudan exist without the Greater Upper Nile the most potentially richest in oil and gas and other natural resources and fertile lands for agriculture?
- The communist system that has been practiced by the SPLM has to be declared as invalidated, null and void because it has failed the state, the unity of South Sudanese people retrospect to the inception of the Marxist-Leninist SPLM/A in 1983 up to the present.
- South Sudan should opt to become constitutional- that is a government operating under an authoritative (constitution) that set forth the system of the fundamental laws and principles that determine the nature, the functions and the limits of the government encroachment that governed all freedoms, civil rights of the individuals, the Bill of Rights, the Basic Laws, Habeas Corpus and checks and balances. This could be called a democratic state of a different nature of operation and governance system.
- It should become imperatively impractical, if not impossible, to keep or to maintain South Sudan as a United and indivisible state because it has become a failed state, deeply internally divided by ethnocentrism (tribalism), bad governance, rampant corruption, nepotism, favoritism and patronage in the social and cultural fabric of South Sudan.
- In addition, the latest events that began with the so-called attempted failed announced to the world by Salva Kiir and his cronies, followed by genocide that targeted against the Nuer nationality in the South Sudan has been one of the gravest and the greatest crimes against humanity.
- No Nuers would ever forgive any Dinka ever for the genocide that they have committed and heinous crimes that they have committed against humanity. Therefore, South Sudan should not be held hostage by others in the interest of protagonists and the antagonists to be separated into two or three states similar to the case of the Greco-Cypriots and the Turkish-Cypriots on the Island nation of Cyprus, Czechoslovakia, that peacefully separated into the Czech and Slovak Republics, Abkhazia and South Ossetia that separated from the Republic of Georgia and recognized only by the Russian Federation, Somali Republic in the Horn of Africa and the former Yugoslavia divided into seven states, viz., Bosnia, Herzegovina, Croatia, Macedonia, Montenegro, Slovenia and Kosovo that has existed as de facto state and deals with the international community in a more perfect nature of de jure There were also other cases to be researched, studied and applied to the current compound complex situation in South Sudan.
- Hitherto, any recommendations or suggestions that South Sudan would remain a “United land” would become contrary to the existing circumstances and would not produce political stability, economic development and prosperity. Realistically, if South Sudanese should envisage such a proposed solution, the African Union Commission Investigating the root causes of the problem, those that responsible, its solution and the way forward would become a real waste of time, energy, money and greater leap or step backward rather than a greater leap or step forward pure and simple. Nevertheless, this paper exceedingly and highly suggests or recommends that national disintegration or dismemberment of failed and unstable state would become the most tenable reasonable alternative solution in order to prevent or to avert continuous Dinka-Nuer genocidal warfare. As see I it, South Sudan would soon rather than later moves from the stage of unstable state to stateless and to statelessness as exemplified in the chronic case of Somalia from 1992 up to the present status quo ante.
- Because of the deepening cultural divides, disharmonious, irreconcilable and the lack of confidence building measures in the Dinka-Nuer relationship, deepening mistrust it should become imperatively impractical, if not impossible, to establish sustainable governance, to construct a viable and vibrant state in “unionism” in South Sudan in the future and the present.
- The IGAD and the international community should not superimpose solutions based on the whims and the idea of a United South Sudan given the deepening cultural divides and the deeply seated animosities, internal tensions, lack of détente (reduction of tensions) and unhealed wounds that resulted in the recent genocide in Juba and throughout the country and by taking the war into the Dinka Heartland in the Greater Bahr-el-Ghazel region. It would be concluded that the Dinka tribesmen have forgotten history in so a short period of time. Professor George Lukas writes that “Those who forgot history are bound to repeat it”. It is important that we learn from the mistakes of the past because surely and truly, history repeats itself in so many mysterious ways and its effects are so visible on the walls in all societies of humankind. Pastor John Hagee writes that “Those who fail to remember the mistakes of the past are doomed to repeat them in the future. History reveals humanity’s triumphs and failures, giving us a compass for the future”.
- We shall and will be obliged to jot down for posterity the future and the present generation that conflict resolution of the current circumstances would require national dissolution, dismemberment or disintegration into three (3) states with each one fanning out for itself and God for all in Africa’s youngest failed state in South Sudan. In other words, we do recommend or suggest the limited exercise of the right of self-determination, autonomy or self-rule for each of the three autonomous regions of the Greater Bahr-el-Ghazel region, the Greater Equatoria region and the Greater Upper Nile region. Any externally superimposed solution would aggravate the situation further and would invalidate and to declare it as null and void. Neither shall we nor will we retreat from this proposition ever, we shall and will be baldly determined as ever for the people of South Sudan to exercise their inalienable rights through the exercise of the right to self-determination that is political, legal and God’s given right and basic fundamental human right guaranteed to all peoples or to any peoples as one of the cardinal principles of the United Nations Charter, international law, international humanitarian law and human rights protection without any hindrance or impediment worldwide.
- It should be only and only the people of South Sudan to determine their destiny either in one state or more states. This proposed decision would not be superimposed externally by any powers on the planet because it could offset or plunge the entire region to become an international “hot spot,” inviting other forces for intervention in order to protect their vital national economic and vital national strategic interests in the region as a whole.
XXXIV: SUMMARY OF THE PROPOSED PEACE RESEARCH
The focus of this proposed peace research would be how to achieve the followings:-
Firstly, the warring parties should be urged and appealed to achieve cessation of hostilities and ceasefire throughout South Sudan such that comprehensive and inclusive peace talks could start in political conducive political atmosphere. The IGAD mediators should know, understand and underscore that this time around any exclusion of the parties to the conflict could become a red herring and could spoil the whole soup or the broth. Therefore, it would be imperative and impractical, if not impossible, that all parties to conflict should be invited to partake and participate in the peace process as equal.
Secondly, the IGAD mediators, the UNSC, the EU, the AU, the League of Arab States (LAS), human rights watch groups as well as Amnesty International and other bodies should bring pressure to bear on the unconditional withdrawal of all foreign troops from South Sudan with particular attention to Ugandan People’s Defense Forces (UPDF), Rwanda-Uganda-M-23 recently flashed out of the Eastern Democratic Republic of the Congo (the D.R. Congo) by the D. R. Congolese National Armed Forces (DRCNAF) from the strategic and critical minerals rich Eastern Democratic Republic of the Congo, Mercenaries, and Soldiers of Fortune affiliated to the UPDF in South Sudan.
Thirdly, for the sake of national interest, national unity and national integration, President Salva Kiir as a pre-requisite to peace and tranquility must and ought to step down without any delays, precondition or quid-pro-quos form power as sine qua non to peace in Africa’s youngest state in South Sudan. There would be no return to Salva Kiir tyranny and dictatorship. This is an immutable and non-negotiable item and a red line drawn on the sand.
Fourthly, any peace round of talks in Addis-Ababa, Ethiopia, under the auspices of the IGAD mediators should be comprehensive and inclusive. The current ongoing round of talks have been focused on the split SPLM ruling party- that is the SPLM-in-Opposition and the SPLM under the wing of Salva Kiir in Juba at the expense or at the exclusion of the main original opposition against the ruling party led by the rebels of the South Sudan Revolutionary Forces (SSRF) comprises the largest force of more than 80% of the rebel forces in South Sudan with different components working together to achieve on common objective and that is, the ousting of the dictatorial, tyrannical, oligarchic, autocratic, authoritarian and totalitarian Communist SPLM system in the GOSS in Juba. The previously failed talks in Addis-Ababa, Ethiopia were concentrated only the split SPLM ruling party-that is the SPLM-in-Opposition and the Kiir’s SPLM in GOSS in Juba at the expense the non-SPLM opposition forces that the largest and comprise of more 80% of the rebel forces throughout South Sudan.
Fifth, any peace agreement achieved or brokered peace process without the comprehensive and inclusion of the SSRF rebel forces could be considered as only a peace agreement to reconcile the split SPLM ruling party. The non-SPLM- in-Opposition would have got nothing to do with it. It would consider that peace as null and void. Therefore, the SSRF rebel forces would continue with the war undermine any peace deal until they have been included as equal in the search for peace, peace-making and peace-building and given their rightful place on the negotiating table as a people with the guts and gusto and the ability to make war.
Sixth, thus, the SSRF rebel would continue with the war as usual until the IGAD mediators would have to reconvene another round of talks of peace talks between the SSRF rebels forces with no loyalty to neither both Dr. Riek Machar nor Salva Kiir in South Sudan.
Seventh, as one of both the political and military leaders of the SSRF original opposition against the SPLM ruling party, we have neither cessation of hostilities nor ceasefire with the SPLM as the ruling party nor do we have allegiance and loyalty to Dr. Riek Machar, head of the SPLM-in-Opposition. We shall remain an independent potent force to get rid of both Riek Machar and Salva Kiir if they failed to put their act together by recognizing the SSRF rebel forces. We have our own politico-military leadership structure and we only fight side-by-side not to represent Dr. Riek Machar’s political ideology, but to mourn our dead loved ones on 16 & 17 December 2013, respectively, in what shall be known hereinafter as the Juba Genocide committed by President Salva Kiir and Paul Malong Awan “Special Militia” otherwise known as Agetwang, Bany Adut, Malwal Anyuol, and Malwal Anyier who take orders from no one, but Salva Kiir and Paul Malong Awan.
Eighth, the aforesaid two individual were identified as the prima facie evident rather epso facto the 2013 Juba Genocide.
Ninth, the ongoing efforts of the IGAD mediators on peace-making and peace-building in South Sudan are already doomed and would not takeoff as long as such rounds of talks on peace have not been comprehensive and inclusive from the beginning. We would not honor and peace deal without our participation and comprehensive inclusion in the future and the present talks. The bilateral Naivasha peace Agreement of 2005 otherwise known as the Comprehensive Peace Agreement of 2005, shall not and will not be repeated unless over dead bodies. Hitherto, any continuation of such rounds of talks excluding the rebel forces of the South Sudan Revolutionary Forces and all its components to have a real and legit place on the table, such rounds of talks would become meaningless and would tantamount to waste of time, energy and wasteful utilization of available scarce resources.
Tenth, the SSRF rebel force would continue with the war because it does not have any cessation of hostilities and ceasefire the GOSS in Juba nor have they been included in the peace process in Addis-Ababa, Ethiopia. The IGAD mediators should underscore and understand that non-comprehensive and inclusive peace mediations on South conflict would not take off unless all the parties are invited to peace table to have their say in a fair, free, democratic, transparent and accountable process. The SSRF rebels would escalate the fight rather than de-escalating it as long as they are neither recognized by the IGAD mediators and the GOSS in Juba as vital entity in the search for peaceful and political conflict resolution and the preservation of national unity and national integration in Africa’s youngest failed state in South Sudan. This is the bottom line.
Eleventh, the stepping down of President Salva Kiir because of the vital national interest, national unity and national integration is supreme, it should be followed by the formation of a Transitional National Government of National Unity with all South Sudan political parties and armed groups to be represented and participated in such a government for national reconciliation, forgiveness, but not to forget the past. Neither both President Kiir and the former VP Dr. Riek Machar shall participate in the Government of National Unity. However, they would be freed to run for the Office of the President of the Republic of South with vying potential candidate in the race for the Office of the President of the Republic of South Sudan (ROSS) at the end of the Interim Government of National Unity (IGNU).
Twelve, those responsible for the genocide… as the gravest and the greatest crimes against humanity as defined by the UN Convention on Genocide in December 1949 and came to effect in January 1951, should be apprehended, indicted, trialed and sentenced for the crime that they have committed against humanity in South Sudan. Personally, I could not recommend the ICC as the tribunal or the forum to trial such individuals and characters because I do neither prescribe to nor recognize the ICC as a legitimate court of law as I do surely do for the International Court of Justice (ICJ) and all its affiliates the UN Charter that established it in the first place. The IGAD and the African Union (AU) should look for establishing an alternative African International Criminal Court (AICC) as opposed to the ICC to specifically deals with the inter-African criminal cases based on African customary laws, traditional and modern mechanisms in peaceful and political conflict resolution. All African member states of the ICC should withdraw from that body without any pre-conditions or quid-pro-quos.
Thirteenth, the so-called Group of Eleven (11) (G-11) comprises of the Pagan Amoum, Dr. Majak de’Aggot, Mulwlana John Luke, Deng Alor Kuol (Alas Ahmed Alor Kuol), Gear Chuang Along and the Equatorian, these people have been the main root causes of the problem. They are mostly the so-called “Garang Boys” or the Nyadeng Garang orphans in Juba who had a plan to take over the government. Some of them have already dissipated and gone with the wind or melted into the crowds. For instance, Lol Gatkouth has returned to his Nuer community and if here to elected by his people, which would not be a problem he would be welcomed to sit on the table as the free choice of the people of is constituency and the community. At this juncture my political advice to the so-called G-11 is that let them followed the foot step of Mr. Lol Gsatkouth. We highly suggest or recommend that let Pagan Amoun and General Wiecyai Deng Ajak return to the Shilluk who are dying in between because they do not whether they fighting the Nuer or the Dinka. If both guys were to be elected by the Shilluk to represent the Shilluk Community so be it written. As regards to John Luke Joak, the right step in the right direction would be to return to the Nuer Community like your brother and colleague in G-11 has thus far. If Mr. Luke Joak could become elected by his community to have a place on the table, his wishes would be granted because the people and the community have spoken for him to represent them in any future and the present government in South Sudan. The same process applies to all the Equatorians in the G-11.We should all be practical to put democracy to work because it is the right thing to do. As regards to Deng Alor Kuol, let him return to Abyei to tackle the problem of Abyei that many Southerners have been waiting admirably anxiously for its outcome. As far as we are concerned, Mr. Alor does not have any business interfering in the quarrels between Dr. Riek Machar and Salva Kiir because he does not belong that that jurisdiction. We would not accept anything so-called G-11. The IGAD mediators should remove the G-11 from the rounds of talks in the Ethiopian Capital Addis- Ababa on South Sudan crisis. The G-11 has got only two choices either they would be joining the Opposition led by Dr. Machar or Salva Kiir in Juba, but there is no centrist path for that. In conclusion, the so-called G-11 has been a confused group without any sense of direction in the war against social justice, human rights, democracy and equality. The so-called G-11 would have to show the armed groups that they represent in the opposition or with Salva Kiir and to provide the IGAD mediators with names of such armed groups that they represent. Who would want people without armed groups?
 “Museveni Dismisses Kiir’s claims coup attempt sparked Conflict”, June11, 2014(Addis-Ababa) http://www.sudantribune.com/spip?iframe&page=imprimable&id_article=51319.
 For further reading, see The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) was adopted by the United Nations General Assembly (UNGA) Resolution 260 on 9 December 1948 as UNGA resolution 260 (III) A of 9 December 1948, Paris, France.
 For details, see UNGA resolution 260 (III) A of 9 December 1948, Paris, France.
 The UN Genocide Convention Article 2.
Id-Ay76mYBL_U3sC&pg_PA8&dq-where+stalin+was+presumably+anxious+to+avoid+his+purges+ being +subjected+ to+genocidal+scrutiny&ie=Iso=8859-1) Cambridge, UK, Cambridge University Press,P.267, ISBN 0-521-52750-3
 “Hudson, Alexandra (26 February 2007) “Serbia cleared of genocide, failed to stop killing”(http://www.reuters.com/article/homepageCrises/idt/SL.26638_CH_3400) Reuters.
 See, ICJ Summary of the judgment of 26 February 2007- Bosnia v. Serbia(http://www.icj-cij.org/docket/index.php? See also Court Declares Bosnia killings Were Genocide (http://www.nytimes.com/2007/03/27/world/europe/27hague.html?ref=world)TheNew York times, 26 February 2007. A Copy of the ICJ judgment can be found here(http://www.icj’
 General Paul Malong Awan was the notorious, bullying, brutal, and the most corrupt former Governor of Northern Bahr-el-Ghazel State and became appointed as the replacement for the former Chief of the General Staff Lt.-General James Hoth Mai (Nuer) educated at the University of Fort Hare, The Republic of South Africa, and the longest fighting Field Commander in the SPLM/A prior to the split on 28 August 1991 up to the bilateral Naivasha Peace Agreement of 2005 otherwise technically known as the Comprehensive Peace Agreement (CPA), 2005.
 The seven(7) nation-states f former Yugoslavia are s follows: Bosnia, Croatia, Herzegovina, Montenegro, Slovenia, Serbia and Kosovo.
 The military components of the South Sudan Revolutionary are as follows: (South Sudan Defense Forces, (SSDF); South Sudan National Revolutionary Army (SSNRA); South Sudan Liberation Army (SSLA); South Sudan Democratic Army (SSDA); The Copra Forces of Murle (CPM); The Nuer White Army (NWA); South Sudan Democratic. Army (SSDA) (chickened out and rejoined the SPLA led by Dr. Lam Akol, General Olouch and General Oyuk; and Mban Forces (MF). In general, all of these forces or outfits have worked together before many defections and separatists agitations occurred. They had only one objective- that was to oust the SPLA from power and to take over power in South Sudan. They were all united under the code or generic name of the South Sudan Revolutionary Forces (SSRF). They all operated in unionism under different command sectors to exhaust the SPLA in South Sudan.
 The author personally does not recognize the so-called International Criminal Court (ICC) as illegitimate because of the mannerism that it deals with African leaders and the nationalists. As a researcher on the ICC in a book that would be due soon, I highly recommend or suggest that all member states from Africa should full out and no more heads of state and governments be trailed again in The Hague, The Netherlands .
 P.P. Howell, The Nuer Customary Law (Oxford University Press). See also, E.E. Evan Pritchard, The Nuer Religion, (Oxford University Press) and The Nuer Kinship (Oxford University press).
 Buth Dieu was a great Garwaar Nuer politician from Ayod, Zeraf Fangak District, Central Nuer, He held many government high position before his death Khartoum a few years ago.
 For further readings, see Oduho and Deng, p.33, Tim, Niblock, 1987, p.217, Professor David de Chand, the Right to Self-determination for the people of South Sudan,
 Hassan, Yusuf Fadl, The Arabs and the Sudan, SUDATEK LIMITED, Khartoum, 2012, p. 135.
 Sudan Tribune Plural News, 11 June 2014, p.1
 For further readings, see Professor David de Chand, “South Sudan Genocide, Ethnic Cleansing, National Unity and National Integration or Disintegration?” (Published) and could furnish upon request, http://www.upperniletime.net/details/695, see also Professor David de Chand, “The Causes of the Conflict in South Sudan”, A Paper presented to the Commission of the African Union (AU) to Investigate South Sudan Crisis” (published), http://www.southsudan.thecau.html
 Ibid. Sudan Tribune: plural news…, “US official dismisses alleged failed ‘coup’ in South Sudan, 22 July 2014, p.1.
 Ibid, Sudan Tribune, p.i
 Sudan Tribune: Plural News, 11 June 2014, p.1
 Sudan Tribune: Plural News, Musseveni Dismisses Kiir’s Claims Coup Attempt Sparked Conflict”, 11 June, 2014, p.1.
 For further details, see Sudan Tribune (ST) quoted in sudan Vision, Sunday, 4 May 2014, p.4
 Sudan Tribune (ST) quoted in Sudan Vision, Sunday, May 4, 2014, page 4.
 Ibid., p.4
 The term “federal state” shall be defined herein in any future discussion on this paper.