Lakes lawmakers endorse order to quell insecurity

By Manyang Mayom

March 17, 2009 (RUMBEK) — The Lakes state parliament on Monday endorsed a provisional order issued March 2 by Governor Daniel Awet Akot, which had put in place measures for disarmament and deployment of SPLA forces along state borders, and changed the traditional compensation payments for violent crimes committed in the state.

Awet had issued provisional order No.19 following an inter-community peace conference convened in Yirol Town in January, which was attend by three states of Warrap, Unity, Lakes and the Government of Southern Sudan Security Committee led by Vice President Riak Machar.

Armed clashes in the state between clan groups have continued since erupting in 2005 after the peace deal signed between North and South Sudan. Inter-tribal fighting in January between the Jur-Beli community of Wulu County and the Agaar Dinka of Rumbek East County displaced over 414 to the neighboring state’s capital, Wau.

More recently, communities have been horrified by the violent deaths of several pregnant women. One pregnant woman was killed in Makurdur Payam of Wulu county together with her four children as well as another killed by a stray bullet fired in Rumbek Central County and indeed three pregnant women were reported killed in Tiatiap payam of Cueibet County in the clashes between two section clans of Jalwau and Gok-Panyar, a distance of approximately 50 miles away from Cueibet County.

Responding to these events, the Lakes State issued an order with 14 stipulations to forcibly quell the violence and end impunity. Provisional orders of this type are allowed under the state’s interim constitution, but they have to be submitted to the Assembly for approval as soon as it is convened.

However, the constitution explicitly prohibits the state from making any provisional order on matters affecting penal legislation. At issue, therefore, were several of the order’s provisions that adjusted traditional Dinka laws to make stricter penalties for violent crimes. Referring to this, some of the members of parliament (MPs) opposed the order No.19, citing constitutional objections.

“Provisional orders are not supposed to give penalties. Provisional orders are not supposed to provide for penalties because our constitutions do not allow it,” observed Hon. Isaac Kon Anok, who is also the deputy chairperson of the Sudan People’s Liberation Movement (SPLM) in Lakes state.

However, Hon. Joseph Maker Mathiang, opposed the above speaker saying that there is a difference between a provisional order and a constitution. He affirmed that provisional orders are meant to address a certain situation that have cropped up at that particular time.

After a long debate, articles 4, 13 and 14 of the order were amended by lawmakers and unanimously endorsed. One of these articles mandates that all murder cases that are pending since 2005 should be compensated with 51 Cows and the convicted be jailed for 3 years without bail (Article 4).

Another part of the order, Article 13, originally mandated that a person accused and convicted of a rape shall be required to pay the victim 11 cows as compensation, a fine of up to 3,000 SDG and face 3 years imprisonment. Nevertheless the article was amended to increase the required compensation to 15 cows and imprisonment of 7 years without bail in cases of raping of under-aged girls (14-years old down) and elderly (55-years old upward).

The last article to be amended, Article 14, says that child abductors shall return abducted persons to their families and pay a fine of 2,000 SDG and face up to 2 years imprisonment.

According to Dinka customary laws, compensation penalties for causing the death of a person are 31 cows. In order to satisfy this requirement, the 31 cows are to be collected from the killer’s relatives’ side by any means. By comparison, nowadays in Rumbek traditional marriages can cost a man up to 100 to 250 heads of cattle, much more than the murder compensation of 51 cows.

“This order will still mean nothing to the Rumbek community,” said a local chief in Rumbek town court.

(ST)