Sudan’s NIF is determined to kill CPA
By Sabrino Majok Majok*
October 3, 2006 — There are a number of Comprehensive Peace Agreement (CPA) clauses that Government of South Sudan (GOSS) can implement alone without consent of NIF. For example, as stipulated in CPA and enshrined in both Interim Nation Constitution (INC) and Interim Constitution of Government of South Sudan (ICGOSS), GOSS has legal powers to effect, even unilaterally, the implementation of some provisions now stalled in NIF dominated GONU or can accelerate the work of a number of commissions: access to oil records by members of GOSS within NPC, South-North border commission, constitutions of state of South Sudan, among others.
First, as came in CPA, SPLM (now the ruling party in the South Sudan) was expected to assign its members to serve in NPC during pre-interim period. “SPLM shall appoint a limited number of representatives to have access to all existing oil contracts. The representatives shall have the right to engage technical experts…” (Wealth sharing protocol, 4.1).
Practically speaking, and considering the above sub-paragraph, GOSS has constitutional rights to access all documentations there are on oil revenues, including daily output, prices, and identity of buyers. Had it not been for observance of good working relationship, GOSS would have sent its members in earnest to pumping stations (or should I say) exploitation/stealing points without permission from National Islamic Front or congress. In so doing, GOSS had hoped that the fundamentalists would emulate brotherly and sisterly gesture as the two were expected to equally share the oil wealth. Nevertheless, each time GOSS exercised patience and thoughtfulness on the matter, the fundamentalists erroneously translated it as weakness or naïveté. Contrary to CPA, NIF has been hell bent in preventing GOSS to inspect oil records so as to acquaint itself with daily activities including productions and transactions. To date, GOSS only receives what NIF minister of energy and minding thinks is 50%, effectively shrinking GOSS share even at times when production and prices are skyrocketing. In midst of this first class secrecy, however, South Sudanese helplessly ask why? Is it because NIF is stealing the oil or is it an act of concealing identities of some mysterious customers languishing somewhere in the Middle East? If NIF doesn’t have anything to hide, why not disclose all oil files without exception? And is NIF forcing people of South Sudan to have their day in court vis-à-vis their rightful, God given wealth?
Second, when it comes to South-North border, we wished now that GOSS had immediately declared under its control (again without NIF consent) all areas of South Sudan as they stood on January 1, 1956, because this is what CPA says, “In respect of the Southern Sudan, there shall be a government of Southern Sudan (GOSS), as per the border of 1/1/56” (Power sharing protocol, 3.1). On South-North border, CPA cannot be any clearer than this.
Furthermore, paragraph 1(1)(a) of ICGOSS is also unequivocal, “The territories of Southern Sudan comprises all lands and areas that constituted the former three provinces of Bahr el Ghazal, Equatoria, and Upper Nile in their boundaries as they stood on January 1, 1956.”
By invoking January 1, 1956 in these very important documents, the border between South and North was deemed to have been demarcated by default as soon as GOSS was formed. By the way, the essence of having a South-North border Commission was not to literally demarcate the border as such, but to facilitate a smooth transfer of authority and repositioning of citizens on either side of the border.
One may ask, is NIF aware of this arrangement, January 1, 1956 border? The answer is a big affirmative: the NIF has ever since refused to implement this vital piece of agreement because its insatiable lust for wealth and power is a sole driving force. Its greediness and selfishness, couple with oppressive and genocidaire tendencies, cannot be overstated.
Indeed, the South-North commission is a huge challenge, for it dictates a number of forthcoming arrangements (directly or not), including the national census, elections, and referenda. For instance, we cannot have elections without knowing South-North border in the first place, nor should we be able to conduct census or referendum in the absence of it. Consequently, it’s incumbent upon stakeholders of CPA to exert utmost pressures on NIF to allow a timely implementation of the Peace Accord in spirit and letter.
Third, indefinite blockage of ten South Sudan interim constitutions by NIF minister of Justice could also have been done without consent of this oppressive regime if GOSS had known NIF delaying tactics. For example, the ICGOSS states, “The authority of government at all levels in Southern Sudan shall derive from the people and shall be exercised in accordance with their will, this constitution and the law” (2(2)). Instead of waiting for al-Bashir’s minister to approve these documents, which I doubt, Goss should assign its legislatures to revise them in order to ascertain their compatibilities to ICGOSS, which in turn will be compatible to INC by corollary. People of South Sudan need services and laws in place now, not tomorrow. Therefore, it’s incumbent upon each state’s legislatures to reprint a new copy and present it to Southern Sudan Legislative Assembly for approval. Obviously and judging from NIF’s handling of CPA, it’s evident that members of fundamentalists are determined to kill Naivasha Agreement by all means and costs; one doesn’t have to be an expert in rocket science to arrive to this conclusion.
*Sabrino Majok Majok is a Sudanese; reach him via [email protected]