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S. Sudan rights group calls on President Kiir to hold elections within 60 days in Unity State

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South Sudan Human Rights Society For Advocacy

SSHURSA calls on President Kiir to respect the Constitution and ensure elections held within 60 days in Unity State

11 July 2013

The South Sudan Human Rights Society for Advocacy (SSHURSA) has been disturbed by the alarming rate in which the President of the Republic of South Sudan General Salva Kiir Mayardit has been violating the Transitional Constitution of South Sudan 2011(TCSS 2011) without any reservation to people’s will.

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SSHURSA calls on President Kiir to respect the Constitution and ensure elections held within 60 days in Unity State

SSHURSA condemns in strongest terms possible the removal by Presdient Kiir on July 7, 2013, of the Unity State elected Governor Taban Deng Gai. Though the President is allowed by the provision of Article 101(r) of the TCSS 2011 which states that the president shall perform the following functions:

“-----remove a state Governor and/or dissolve a state Legislative Assembly in the event of a crisis in the state that threatens national security and territorial integrity”
However in the case of Unity State, there is no proof of “event of a crisis that threatens national security and the territorial integrity”.

This is a clear violation of the supreme law of the land by the head of the state and this is unacceptable in democratic governance. President Kiir sacrificed a lot of his efforts for the liberation of South Sudan. Naturally, e should have been the very first person to remember what caused him to spend his time in thebush wars against military dictators of Khartoum. Having that in mind, he should have been ahead in respect of the rule of law which is centred on the dictates of the Constitution which himself signed.

In January 2013, the President removed the elected Lakes State Governor Engineer Chol Tong Mayay under the pretext of insecurity that calls for necessity for change of leadership in Lakes State but the current militant caretaker Governor Matur Chut Dhuol has not stopped the insecurity and instead has become the worst human rights abuser, undermining at will any provision of the law and good conscience. The pesident failed through National Elections Commission to organize by-elections for the Lakes State Governor as required by Article 101(s) of the Constitution that states the president shall;

“appoint a state care-taker Governor who shall prepare for elections within sixty days in the state where the Governor has been removed or the state Legislative Assembly so dissolved in accordance with the provisions of this Constitution, the relevant state constitution and the law”.

When the elected Governor of Lakes State was removed and the President failed to ensure that elections were held within 60 days, SSHURSA made a lot of calls and appeals to South Sudan’s Parliament and people of good will to protect the Constitution of South Sudan by calling into question the unconstitutionality of the president’s inaction, and also to the extent of taking the matter to the Court of Law to avoid more violations of the supreme law. Nobody hits the noble appeals SSHURSA made.

Now that the president has removed an elected Governor once again, the removal of the elected Lakes State Governor and the inaction of South Sudan Parliament combined, have acted as a soft ticket for the President to continue with more attack and violations of the Constitution. By all standards and for the purposes of South Sudan viability as a Constitutional stable state under the process of nation-building, SSHURSA makes the following recommendations:

To the President of the Republic; His Excellency Salva Kiir Mayardit:

(i) Show cause or reasons to the public as to why you removed the elected Governor of Unity State as there is no connection between your action with Article 101(r) of TCSS 2011 that allows your office to do so.

(ii) Ensure that the National Elections Commission and caretaker Governors organize elections for the elections of the Governor within 60 days in Unity State as required by Article 101(s) of TCSS 2011. This is the only way to avoid Constitutional crisis in South Sudan.

(iii) Ensure that the National Elections Commission is fullly funded and not having a mere existence in papers but a functional institution with its full structures.

To both houses of the South Sudan National Legislative Assembly:

(i) As people’s watchdogs and protectors of the Constitution, make urgent call on the President of the Republic to tell the Parliament why he removed an elected Governor without respecting the Provision of Article 101(r) of TCSS 2011 that provides for reasons as to when the President is allowed by the Constitution to remove an elected Governor which now not application to the situation of Unity State as proclaimed by the Executive in the case of Lakes State’s.

(ii) To the National Minister of Justice and Chief Justice (Judiciary) of South Sudan:

Urge the President to ensure the elections for the Governor are held in Unity within 60 days

(i) SSHURSA urgently calls upon your learned offices to rise up and protect the letter and spirit of the Constitution. The supreme law is being attacked at day light and it is within your Mandate to protect the Constitution.

(ii) SSHURSA urges the Chief Justice to wake up and courageously ensure through the office of the President of the Republic that the Constitutional Court is fully constituted to hear cases of the violations of the constitution.
To the people of South Sudan:

SSHURSA appeals to you to protect the Constitution by peacefully resisting any violation of it. Gone are Khartoum days of open violations of the supreme law of the land which must not be allowed in South Sudan.
SSHURSA Background:

South Sudan Human Rights Society for Advocacy (SSHURSA) is an incorporated non political and non profit making Human Rights organization founded in June 2007 by South Sudanese Lawyers and Law Students at Makerere Law Development Centre (LDC), Kampala-Uganda. In 2009, it became operational in South Sudan with its head office in Juba and co-ordination offices in the states. It vission is to advocate for a democratic and human rights abiding South Sudan and with its mission is to monitor, document and publish human rights status in South Sudan and also train general public on the importance of human rights, fundamental freedoms of an individual, Rule of Law and democracy, all geared towards creating a more responsible, justice and good governance oriented South Sudan.


SSHURSA SUMMARY OF ITS QUARTERLY PRELIMINARY HUMAN RIGHTS REPORT ON SOUTH SUDAN

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SSHURSA SUMMARY OF ITS QUARTERLY PRELIMINARY HUMAN RIGHTS REPORT ON SOUTH SUDAN
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The Sudan Tribune editorial team.
  • 12 July 2013 09:07, by Agutthon

    The president is now out of touch with people of South Sudan and "their Constitution"
    However, this constitution has been challenged before promulgation for giving too much power to the president. The fears of those who objected the unlimited power to president are now confirmed.Therefore, the next constitution must be better than this.

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    • 25 July 2013 21:26, by aguotwany@live.com

      What is human right ? Where was human right during 1983 when South, Sudanese were died in thousands and today what ? South, Sudan president has issued what is best for the people of South, Sudan and change is what will bring in youth who are mission replacement for our country to realized and give services to every South, Sudanese without discrimination to where they are from . Unity among us .

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  • 12 July 2013 10:56, by Marco Bul

    Why did the cabinate allow this thing in the first place?I’ve now approved my assumption that those who were allowed to go to schools in 1800 were useless dumb kids who can not look after calves properly!!How about this????

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  • 12 July 2013 11:09, by Morthon Akol

    the what so call South Sudan Human Right Society. let me as this question removal of Unity state Governor by the President is a violation of the constitution? and Removal of elected governor of Lake State is not.so please can you tell me what is the different while all of the are elected by the people?

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    • 12 July 2013 17:51, by Peacocktail

      SSHURA is just a poppet of the West,agent of destruction for that matter.
      Government MUST ensure people make use of laws of the land appropriately and not to abuse it.Gov.Taban Deng removal, every leader can be removed by President or people,He should have been remove long time ago. ELECTION, ELECTION, ELECTION for what? to create another rebellion in Unity?Big No,Many Governors will be removed

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      • 12 July 2013 22:33, by panom lualbil

        This people called SSHURA are betrayers of S SUDAN. The seemed to intrigue the WORLDS everything that happened in the country like they’re CLEAN from it. Matter fact, they’re NUEER whom individuals are ones who played worse part in the country. But they luv to cover their mess and cry to the worlds like babies. What went wrong here was true and even the victim has explained it. MR PRESIDENT has

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        • 12 July 2013 23:10, by panom lualbil

          right to canned any betrayer of his country bcoz it’s against any law to talk of corruption when you’re a corrupter. Or tribalism when you’re founder of tribalism. Riak Machar didn’t return his $$42m u$d according to 75 leters nor he brought thousands lives of DINKA BOR he massacred during his politic. Nevertheless, NUEER is the only prominent tribe OMAR used to destabilize the country through

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          • 12 July 2013 23:30, by panom lualbil

            rampant rebellion and neither of SSHURA talked. Common on now, common sense will only dictated the fact rather than dallying in the shadow. Pushing RIAK MACHAR into presidency can put country in hospital!! Vote for him but with statue quo, he don’t deserved it. Talking to AMERICANS wont work either bcoz the knew him worth shit. So many of NUEER BOYS are homeless here in USA due to criminality.

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            • 12 July 2013 23:39, by panom lualbil

              Not only nuer though some American themselves cant find a job to make living bcoz of their criminal record not RIAK MACHAR who wiped DINKA BOR off for leadership. I just don’t know till I knew individually NUEER are born stupid thugs. Shamed on SSHURA!! Shamed on your leader RIAK MAHAR!!

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      • 14 July 2013 04:01, by jur_likang_a_ likan’g

        Mr Peacocktail,
        Please do not support despotism, tribalism and learn to call a spade spade otherwise you want to show to people how unwise you are. The way you want to take will lead you to disaster eventually. Mind you the whole world is listening, watching what is happenig. Your plan to create a dynasty in South Sudan will not happen. We are all equal for the country. So wake up ya jena!!

        repondre message

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