SSDF says UN envoy failed to accomplish his mission in South Sudan

May 9, 2006 Mr. Jan Pronk, the former Dutch Minister for Oversea Development has failed in his current assignment as the UN Special Envoy to Sudan and be fired. The UN Secretary-General should fire Mr. Prong and Dr. Deng. He categorically failed to report the ongoing SPLM/A perpetrated genocide not only in Upper Nile but also throughout South Sudan to his boss Mr. Kofi Annan and the UN Security Council. This is particularly a step back in the UN mission in Africa and South Sudan in particular. With all due respect, Mr. Pronk does not understand the political intricacies in South Sudan; therefore, he should resign in amazing grace. He did give the assignment in a shot in Sudan but it did not succeed, unfortunately. His partner Dr. Deng in his capacity as an Advisor to the UN Secretary-General Mr. Annan and a closed partisan, foreign policy and public relations advisor to the SPLM/A should also quit because of conflict of interest. We have nothing against the two men except that they have failed the UN intentions to keep the peace in South Sudan. They have misled and misinformed the international community on the current events in South Sudan. They have become partisans of the SPLM/A killing machine. Now, only a neutral party could do a jolly good job by reporting the notorious SPLM/A commanders who are now committing atrocities, ethnic cleansing and cultural genocide.

GENOCIDE: WHAT IT IS

The General Assembly of the United Nations in its resolution 96(I) dated December 1946 clearly stipulated that genocide is a crime under international law. Article I urges all Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law, they undertake to prevent and punish. Although the SPLM/A is not a contracting Party to the said resolution, it has an obligation to respect international law and treaties. The Convention on the Prevention and Punishment of Genocide adopted by the UN General Assembly on 9 December 1948, Article II defines genocide to mean any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such

– a) The killing of members of a racial or religious group,
– b) The causing of serious bodily harm to members of a particular group,
– c) Deliberately inflicting on group conditions of life calculated to bring about its physical destruction in completely or in part,
– d) Imposing measures intended to prevent births within the group, and
– e) Forcibly transferring children of that group to another
Surely, “genocide is the systematic extermination of an entire national, racial, political, or ethnic group” and clearly, the SPLM/A is guilty of this crime. They have committed all the points in the definition (A-E). Under Article III of the Convention on the crime of genocide, the following acts shall be punishable

– (a) Genocide;
– (b) Conspiracy to commit genocide;
– (c) Direct and public incitement to commit genocide;
– (d) Attempt to commit genocide, and
– (e) Complicity in genocide.

Apart from committing the crime of genocide in South Sudan in both peace and war times, the SPLA has violated the UN General Assembly resolution on Universal Declaration of Human Rights (UNHDR) approved on 10 December 1948 as the cardinal principles of the United Nations Charter. The origin of human rights contains in the British Magna Carta (1215), the French Declaration of the Rights of Man (including women of the world) (1789), and the US Bill of Rights (1791) are just a few contributions. The human rights laws existed as early as the19th century. They outlawed slave trade in that century and again in the 20th century slavery itself outlawed. Later, humanitarian considerations in the conduct of war agreed upon and the treatment of workers, prisoners, and women were the subject of international agreements. Without the shadow of the doubt, the SPLM/A has violated human rights, which one UN documents refers to them as “inalienable” and “inviolable” rights of all members of the human family.” There is no doubt in our minds that the SPLM/A leadership has violated the thirty articles and the first, introductory, article declares that “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act toward one another in a spirit of brotherhood and [sisterhood].” The above citation refers to the first generation of rights often referred to as civil and political rights in international law. They are contained in Articles 2 through 21 of the UNDHR. The second generation of human rights referred to as social and cultural rights. Contained in Articles 22 through 26 of the UNHDR, they stem from the Western liberal and classical socialist tradition. The third generation of human rights merged from the UN Human Development Report 2000; Human rights and Human Development, annually published by the United Nations Development Programs (UNDP) clearly argues that human rights cannot be realized without human development, and human development cannot be realized without human rights.

If we use this definition, it is not hard to see how the mass killings that is now committed by the SPLM/A in Central Upper Nile fits the above-mentioned definition. The current genocide is committed in the name of arbitrary “Mandatory Disarmament” of the civilian population instead of “Voluntary Disarmament” of the population therein. With all due respect, disarmament should be voluntary and attractive by providing alternative developmental projects, i.e., schools, hospital, agricultural schemes, road reconstruction, wildlife conservation, veterinary services, well digging for clean drinking waters and other useful development projects earmarked for post-war reconstruction. As these services are available Jiesh in Boor, (White Army) now known formally by the international community as “Civilian Defense Forces” (CDF) could envisage a new life to replace the gun culture and thus making it redundant and withers away spontaneously with time and space. However, if the predominated SPLM/A highly corrupt GOSS forces undertake unilateral engagement on the program of disarmament on the civilians, it would be purview as an invasion and could be reactive either negatively or positively. Now, the reaction is repugnant and congruent with the former. Thus, it could fuel conflict as it is now going on in Jonglei State (to rename as the South Central Upper or to split into three new states of Bei, Phow and Pibor States), Central Upper Nile, Western Equatoria, Bhar-es-Ghazel and elsewhere in the southern part of the country.

Another miscalculated error on the part of the SPLM/A leadership is that ?charity begins at home”. In our opinion, disarmament should have started in the SPLM/A controlled areas. The Dinka have Ak-47s equal to the Nuer nation and others. There are no groups without the possession of the AK-47s and other types of non-lethal weapons throughout Sudan and South Sudan in particular. For instance, Al-Baggara, Al-Misiriyya and Al-Murahaleen Arab nomads have the weapons that they often used constantly to terrorize, enslave and kidnap Dinka children. The Nuer has them in large quantities even before the war more than 40 years ago. Historically, the Nuer nation and the Anyuak Kingdom in the Greater Upper Nile were among the first people to have had these weapons as early as 19th century. The political and legal question that is to be probed heretofore is why the SPLM/A did not start the process of disarmament in its own backyard? Have the SPLM/A leadership has forgotten that all the nationalities in South have rights to bear arms today for protection of their communities from the SPLM/A brutalities and human rights abuses retrospect to 1983? Have they forgotten history? George Lukas writes, “Those who forget history are bound to repeat it”. The SPLM/A has surely repeated history. Hence, it will be accountable and responsible before the international community.

The Nuer nationality as such naturally egalitarian, democratic and friendly as they welcomed the Dinka as brothers, cousins, and kin and kith on their trekked into Ethiopia, fed them on the way, and nursed the sick. Nevertheless, when the Dinka completed their training in the camps in Ethiopia, they turned the muzzle of the guns against the Nuer people that nourished them, welcomed them, and healed them whenever they were sick on their sojourned to Ethiopia. The atrocities and genocide committed against the innocent Nuer people with emphasis on Gajak Nuer, Jikany Nuer, Lou Nuer, Garwaar Nuer (Baang/Nyang), Laak Nuer on the East Bank of the Nile, including Western Nuer on the west bank of the Nile were tremendous. The result of such atrocities committed plus the SPLM/A leadership little actions or no actions attributed to the Day Devastation of the Dinka Bor in 1991 and other parts of Bhar-es-Ghazel thereafter. Are the SPLM/A ready to repeat this episode in 2006? The SPLM/A leadership should not forget history because history could repeat itself eventually the way things are now moving in the South. Let us assumed hypothetically that such actions now repeated because the UN peacekeepers present in the south, the SPLM/A leadership and the Dinka in particular should think critically twice and strategically before they act. The role of the UN under Chapter XI of the UN Charter is to keep the peace. It has no right to intervene in domestic matters. They should not do so under Chapter XI of the UN Charter. Succinctly, the SPLM/A has labeled the East Bank Nuer as the “most undesirable elements” because they are dangerous to the de facto predominated Dinka tribal government in Juba. The question is, will the SPLM/A succeed in the proposed “final solution” or extermination project? It remains to be seen. It could reserve itself around. The current SPLM/A activities are a repeat of the past as declared by the late Dr. John Garang to eliminate anyone opposed to his autocratic and brutal leadership in the South.

The disarmament process started prematurely. It is not a priority. Many civilians possessed rifles for generations retrospect to 1900s and as such, prevent neither the British colonial rule nor the Government of Sudan to work harmoniously with the civilian population. Even during the war years, they had them. The UN and the relief agencies did not fail to do their work with these civilians because they had guns in their possession. We believe that the idea of disarmament is vague and foreign and somebody somewhere is pushing the buttons for possible nomination for the Noble Peace Price at the end of the day. There is nothing wrong with the right to bear arms. It is legal. Moreover, the constitution of the United States of America contains the right to bear arms. We could do disarmament in any future South Sudan Constitution and we could live with it fine and without any problems. We stand up for the legalization of the right to bear arms in the constitution of a would-be independent and sovereign South Sudan nationhood. Nevertheless, because the SPLM/A has a hidden agenda against the Nuer nation and its people or “Nuero-phobia” historically inculcated in the psychic of the Dinka not only against the Nuer who happens to be their kin and kith culturally and linguistically. The SPLM/A leadership is determined to disarm the Nuer first as the strongest and potentially the ferocious nationality before it could devise other plans for the smaller and weaker nationalities in the South.

THE CONTAINMENT POLICY

The preconceived arbitrary superimposed “Containment Policy” of the Nuer nation and other nationalities would not work and could be detrimental to the SPLM/A. The Nuer nation will tell the SPLM/A affront ?Kac lora’ and to go to hell with the arbitrary disarmament process. The war of liberation is not yet over. Disarmament, per se, will be possible when there is a ?legitimate’ elected and accountable democratic government to the people. It will be in 2011 when the outcome of the referendum known (if there will ever be a referendum). Now, is not the time to disarm? Therefore, why we do not shelf it for now until we know the outcome of the referendum? We hope many within the SPLM/A will buy this argument. As for the GOSS, it is not a Dinka institution. The current arrangements in Juba have to adopt drastic democratic changes. GOSS must and ought to be representative of all nationalities, gender and regions in its current form. It is solely a Dinka thing that no one understands. We all fought for the South and we have to share the pie and the fruits of our labor equitably. Most importantly, Nuer Oil or the Nuer black gold that has drastically changed international politics will not be to exterminate the Nuer nationality but could have serious consequences for the illegal beneficiaries. It must for US$702m accounting for 50% of the oil revenue for all Southern States and the US$200m earmarked for all South Sudan Armed Forces. SPLA is not the army of the South. It is a party’s (SPLM) army. Hence, it should not train and develop killers with public funds if it does not want to integrate with other forces to become the national army of South Sudan. Most important, the so- called GOSS is highly corrupt, undemocratic and tribalist institution. We call on the USAID not to spend US taxpayers on this premature and unaccountable system in Juba.

SSUDA/ SSDF as a democratic movement have a democratic agenda that would make the process of disarmament attractive, relevant, effective, and efficient and success. If the UN and the international community would be ready to work with us and succeed in restraining the SPLM/A war mongering, arrogance and sophisticated negative pride of the Dinka, a lot could be achieve peacefully. We must have alternatives for the would-be disarmed persons. The SPLM/A does not have any strategic and viable agenda at all because they lack brains and strategic thinking or thinking socratically. It is pushing the process prematurely because of the ?Nueri-phobia’ or the natural phobias of the Nuer nationality. This is the essence of Dr. Deng’s agenda. This was the purpose to seek the UN presence in the South to protect the Dinka while condoning their policy aggression against a potentially rich in oil Nuer nationality. We think the Dinka leaders are jealous because they do not have the oil in their land. The current situation has to change for the better. We will make sure it does change now before it is too late for the Dinka to conquer the mighty Nuer nationality and others.

The UN is a relevant organization. It image should not be tarnished by people like Mr. Pronk and Dr. Deng. The UN was created after the WWII with the optimistic determination to forge a new world order that would “never again” permit the horrors that had sprung from Nazi Germany, the Young Turks, the Hutu militias mowing down their fellow Tutsis in Rwanda in 1994 before the eyes of the international community. South Sudanese are being genocide by the SPLM/A and Darfurians being genocide by the Janjaweed. Now, the SPLM/A with external support has started genocide throughout South Sudan. What are the moral consequences for the SPLM/A leadership? They should morally be bound to take full responsibility and accountability for their actions because they should follow international norms and the treatments of civilian population and respect for human rights.

The SPLM/A leadership still face charges for the crimes against humanity in South Sudan during the war years. We urge and appeal to the International Criminal Court (ICC) to appoint a Special Reportuer, neutral, of course, from any political wrangling and partisan’s politics to investigate SPLM/A war crimes, genocide, ethnic cleansing and cultural genocide. We also urge the US to invoke Sudan Peace Act [the Act] or HR 5531 Article 11 against the SPLM/A leadership and commanders. They should indict, apprehend and try the SPLM/A leasers for war crimes, genocide, ethnic cleansing and crimes against humanity in South Sudan. Mr. Slava Kiir, the current VP of Sudan who was then the Security Chief under the late Dr. Garang before he passed away last July 2005, should be held accountable for the deaths and disappearances of many South Sudanese young professionals in the movement since the inception of the Marxist-Leninist SPLM/A in June 1983 up to present. It is not fair for the world to reward killers. Many SPLM/A leaders such as Cdrs. Slava Kiir, Koul Maynag Juuk, Pagan Amoum, Wani Iggar, Marial Nour, Wicyay Deng Ajak, Ping Deng Majok, Riek Machar, Taban Deng Gai, Majak Aggot and many others do not fit to be in any public office or hold any constitutional posts because they are suspects of war crimes and crimes against humanity. Why the US through the USAID support killers in South Sudan and deposed them elsewhere in the world? We urge the International Criminal Court to do justice by creating an International Tribunal on war crimes and crimes against humanity similar to Rwanda International Tribunal (RIT) in Arusha, Tanzania, and the Serbs in Yugoslavia and Truth Reconciliation Commission (TRC) similar to post-apartheid South Africa in South Sudan. This could be an authentic mechanism or vehicle for healing, confidence building, trust, unity of purpose and of equals among South Sudanese at the end of the day.

The world’s body known as the United Nations that was born on October 24, 1945 at San Francisco, USA, to which the former Dutch Minister for Oversea Development, Mr. Jan Pronk is associated with, delineated the word “genocide” as aforementioned, what else could Mr. Pronk possibly describe the current war between Nuer and the SPLA in Jonglei State? Is the GOSS legit government of nationality unity in the South or is it a Dinka tribal government supported by the international community? We would assume that the USA, the UK, Norway and Italy representatives should answer this question.

According to our sources in the frontline, SPLA had killed women and buried some of them alive, children kidnapped, and disabled elderly people deliberately killed in surgical and pre-emptive attacks at seasonal cattle kraals using heavy artilleries mounted on pick up trucks in or about the middle of this past April 2006. The SPLM/A commanders who commanded these operations are Cdrs. Peter Bol Koang, Gattiek Dier, Charles Lam, and George Athor Deng. They have committed series brutalities against the innocent civilian population before the UN peacekeepers. During the war, some SPLA soldiers were well known for brutality and mistreatment of civilians. “To continue with the same culture of violence and brutality into a peaceful South Sudan under the so-called Comprehensive Peace Agreement cannot be tolerated”. SSUDA/SSDF will take charge of the situation now or never. Without the shadow of the doubt, SSUDA/SSDF specifically blames the United Nations’ Special Envoy Mr. Jan Pronk of the Netherlands’ and the UN Secretary-General Advisor Francis Deng of Sudan for pushing them to the brink of war. Mr. Pronk was known to be a partisan of the SPLM/A since his tenure as the Minister of the Netherlands Ministry for Oversea Development and now as the Special UN Envoy to Sudan. He was not impartial to do social justice for all South Sudanese and particularly the non- SPLMA supporters. There is no doubt that working with Dr. Francis Mading Deng, Mr. Fronk who does not know well the political cultures and Dr. Deng who hails from Ngok Dinka in Abyei could influence the Dutch on the inter-ethnic rivalries for power. Dr. Deng is technically a Northerner who is either a Dinka-Jellaba or Dinka-non-Jellaba. It would be, of course, up to him to decide what and where he really belongs now. Most human rights ever violated in the history of mankind was the denial of 73 wounded civilians denied medical care by hiding them at an isolated area and guarded them with heavy armed militias. This incident was conducted by Cdr. Bol Koang who used the wounded as human shields. Both, neither, the UN peacekeepers either the SPLM/A that claims to be the de facto Government of South Sudan reported this inhumane incident. Under the Geneva Conventions, wounded soldiers or civilians are entitled to evacuation if wounded in combat or non-combat.

It was possible to rescue these wounded civilians only after the SSDF Intelligence Unit intercepted a radio message from the SPLA command post in Kongor County, asking General Peter Bol Koang in charge of the Operations to elucidate the whereabouts of the Prisoners of War (POWs). Again, with all due respect, wounded civilians are not POWs. POWs as clearly stipulated in the Geneva Conventions refers to only combatants either captured in war or surrendered to the enemy. Certainly, POWs are protected under Article 1 of the Geneva Conventions. Most importantly, no POWS should be subject to torture, interrogation, abuses or put under duress. They only allowed them to give only their names and ranks. Nevertheless, when POWs have wounded or got sick, they should receive adequate best medical care there is. If, such medical services clearly outlined in the Geneva Conventions are not available, the Commanding Officer should inform the International Committee of the Red Cross (ICRC), which has been historically “neutral” in all wars and conflicts for an immediate evacuation on humanitarian grounds. Without the shadow of the doubt, the SPLM/A known for its historic brutalities violated the cardinal principles of the Geneva Conventions and the humanitarian laws of warfare. Most importantly, the de jure ?sovereign’ power- that’s the de jure Government of Sudan has also failed in its obligations by not providing protection to the civilians nor warning the SPLM/A that such war activities in the name of arbitrary disarmaments are illegal and could jeopardize the so-called CPA. The SPLA should underscore that continued harassment of the local civilians could not be tolerated for long. The South Sudan Defense Force has the muscles and the guts to avenge such activities and war mongering geminating from the SPLM/A and covered up by the UN peacekeepers and its representative Mr. Pronk of the Netherlands and Dr. Francis Mading Deng of Sudan. Their actions contradict the cardinal principles of the United Nations. Therefore, they should quit honorably and gracefully. They have exercised conflict of interests to the extreme in South Sudan, unfortunately. The two men will be remembered by this legacy.

Based on this useful information and infringement, the SSUDA/SSDF Office in Khartoum formally notified the United Nations’ Office in Khartoum about the ordeal in the Lou Nuer area, Central Upper Nile. We could not be more grateful to the UN airlifting those wounded civilians after discovering their location and transporting them to Loki-Kenya. There was no assessment of the situation on the ground by UN because the SPLA is still in hot pursuit of civilians to date. In fact, more atrocities have been committed in the aftermath of the CPA by the SPLA. The UN Office in Sudan has given such atrocities blind eyes or failed to report them. Therefore, it becomes plain as the nose on one’s face that Mr. Jan Pronk is nothing, but a real anti-peace broker. Additionally, he has been a partisan and supporter of highly trained killers, hoodlums, crooks, child and women killers and human rights violators, whose aim is to destabilize Southern Region. As for his long time friend, Dr. Francis Mading Deng who has been vying for the Noble Peace Price theory of “Regime Change” in Sudan comes to play. Consequently, we call on Government of Sudan to exercise its sovereign right as member of the UN to expel Mr. Jan Pronk from Sudan in his current portfolio as UN Envoy without any preconditions. He should be replaced with some one who is ?neutral’ and follows his/her job description accordingly. We further call on Government of Sudan to recall Dr. Francis Mading Deng from New York for he has given disinformation that misled the US, the UK, Norway and Italy and the UN to pursue his own Dinka hegemonic agenda, which could eventually lead into unnecessary bloodshed in the South. We further, call on UN Secretary-General, Mr. Kofi Anan to revisit his fractional policies on Sudan. Most importantly, he should fire Dr. Deng has his Special Advisor on Sudan.

We, once more call on the widow of the late Dr. Garang, Madam Rebecca Nyadeng de Mabior’s SPLA faction to stop killing civilians for the sake of oil. It will eventually have serious consequences for the Dinka Bor. Therefore, using disarmament of civilians as a pretext to Nuer ethnic cleansing will soon bear calamitous ramifications that will not be pleasant neither to the oil companies nor to the intended beneficiaries, particularly, the Mabior’s dynasty and its military machine. We should also stressed that the predominated SPLM/A government have debased other areas such as Western Equitoria, non-SPLM/A groups in Bhar-es-Ghazel, including the Greater Upper Nile region. We also appeal to President Beshir to revoke Dr. Deng’s recent nomination as an Ambassador because he would be a disgrace to all Sudanese people. The SPLM/A has picked the wrong target and it will sooner or latter regret this plan. It leaders would wish they did not start this bloody game. The Nuer will survive and will surely show the SPLM/A what a fighting Nuer can do anywhere, at any place and at any time. Alternatively, our ancestors resisted the British colonialism for thirty years. We can and we will defeat the SPLM/A within a short period. We are confident can do it.

We, again forewarn all foreigners and oil companies’ workers in South Sudan to get the hell out before all hell breaks loose. We will not be responsible for any deaths or injuries in the South. It is now a war zone as far as the SSUDA/SSDF is concerned. We will win this premeditated aggression. We also urge and appeal to other nationalities not to be bullied or intimidated by the SPLM/A. Suck it to the SPM/A wherever and whenever possible. We urge and appeal to every group in the South to stand up tall to liberate itself from the SPLM/A hegemonic tendencies in the South. For the instance, the recent beating of Western Equatorian Ministers was clear intentions of the SPLM/A brutalities in the South. The SPLM/A dictatorship must be defeated such that to give way for building a federal, democratic South where each nationality will take control of its own destiny and the resources therein. We will not permit any domination of group of another group. We must all be freed, united and democratic. We should draw our examples from multiethnic, multiracial societies of the Western world such as the USA, the UK, France, the Netherlands, Belgium, Ethiopia, and the Republic of South Africa. We could learn from these nations in the process of nation building in South Sudan.

ALTERNATIVE SOLUTIONS TO DISARMAMENT

In contemporary world, it would be irrelevant to remove one system with no system or replacement. It could create chaos and anarchy. Because the SPLM/A lacks strategic thinking, it has already created the aforementioned conditions in the south as a whole. It has created more enemies than friends. It has failed to heal the wounds. This is too dangerous. Voluntary disarmament is a very complicated process that can’t be rushed.” “If it is rushed and not done it right, it could easily ignite and stir up old feuds and unhealed wounds.” What do you give in return? Are the SPLM/A legitimate to govern? Will the USAID continue to support the SPLMA? We urge and appeal to the USA, the UK, Norway, Italy, and the IGAD to revisit their policy of exclusion in the peace process. It will not go forward. It is crippled so-called CPA. The SPLM/A from its conception was based on false primes. It was born a sick movement led by sick leaders, therefore, cannot liberate healthy people. SSUDA/SSDF does have a policy agenda that will provide peaceful solution to the issue of disarmament. The rapprachment undertaken by the SPLM/A leadership is partial with a hidden agenda against the non-SPLM/A groupings throughout the South. At the end, it could be detrimental to the SPLM/A government in Juba. We envisage that the SPLM/A leadership will adopt a “culture of peace” and a “culture of dialogue” instead of culture of war that it cannot sustain for long. We are committed to change the current situation in the South by any means necessary. We will surely change it for the public good, democracy and the rule of law.

We urge and appeal on the international community to remain neutral in the current situation in the South. We have kicked the ball on the SPLM/A’s court and whatever decision it takes, will be given diligent critical analytical reasoning, methodological and epistemological for a practical and durable solution to the current debacle. Either the SPLM/A leadership will be part of the “solution” or part of the “problem”. The UN should be impartial in the South and should treat all southerners fairly and as equal. The current use of food as a political weapon in Central Upper in criminal and inhumane and should be condemned all civilized nations of the world. This is reminiscence of the SPLM/A politics that denied the whole of Greater Upper Nile minus Bor, the UN and the NGOs services in the past. We call for the immediate and unconditional resumption of humanitarian relief assistance to all areas affected by the current SPLM/A’s aggression, mass displacement and unconditional released of all detained civilians, including the release without any quid pro quo of the SSDF General Simonl Gatwich Dwal and his return to his area in Yuai to be with his folks. We call on the International Red Cross (ICRC) and the international human rights groups and Africa Human Rights Watch in particular to visit with General Simon Gatwich Dwal who is now under house arrest in the aftermath of the doomed so-called Juba Declaration by the illegitimate and highly corrupt led GOSS in Juba.

Thomas T.Doap, Secretary-General,
The South Sudan United Democratic Alliance/South Defense Force (SSUDA/SSDF)