South Sudan Government urged to intervene in Jonglei’s land dispute
Petition for Government Intervention on Land Dispute in Nyuak Payam, Twic East County, Jonglei State, Southern Sudan.
DATE: Friday, February 19, 2010
FROM: AYUAL COMMUNITY MEMBERS
TO: H.E. Kuol Manyang Juuk, Governor of Jonglei State, Southern Sudan
CC: H.E. Salva Kiir Mayardit, President of GOSS and First Vice President of the Republic of the Sudan & Chairman of the SPLM/A;
H.E. Dr. Riek Machar Teny, Vice President of GOSS;
Hon. Hussein Mar Nyuot, Deputy Governor of Jonglei State;
Hon. Rebecca Nyandeng de Mabior;
Hon. Philip Thon Leek;
Hon. Atem Garang Kuek;
H.E. Dr. Akec Khoc Aciew;
Hon. Dr. Majak Agoot Atem;
Hon. Deng Dau Malek;
Hon. Bior Ajang Duot;
Hon. Gier Chuong Aluong
Hon. Ezekiel Lol Gatkuoth;
Concerned Jonglei Parliamentarians;
Members of the SPLM Political Bureau; and
Peace Loving Members of the International Community
Your Excellencies and Honorable Members:
We, the AYUAL people of Wangulei, unconditionally condemn the recent massacre of Ayual civilians by the Dachuek section of Nyuak Payam, which we know has been sponsored by the Minister of State for Finance in the Government of National Unity, Dr. Lual Achuek Lual Deng.
HISTORY
We acknowledge that the Nile River’s water level dropped drastically this year resulting in a shortage of grazing lands and water points. As a result, Dr. Deng provided Dachuek, his lineage community, with bulldozers and tractors, authorizing them to dig channels in order to give cattle access to water in the Ayual community’s traditional Toch, the swampy grazing lands along the river’s bank. Dr. Deng further ordered Dau Reech Deng, his community leader, not to consult the Ayual traditional leadership for the use of this land, arguing that his political power and material wealth would prevent their aggressive action. (It should be noted that in 1986, Governor Juuk affirmed that Wangulei belongs to the Ayual community. The main reasons for this decision were geographical location and historical precedent.) Dr. Deng’s action, put into motion three months ago, marked the beginning of skirmishes over the lands between the two communities. When the case was brought to the court, a number of the politicians influenced by Dr. Deng overturned the civil court’s decision and ruled in favor of Dachuek. The Ayual community’s first response was to seek appeal through civil court to settle the matter legally and peacefully. Before the process could proceed, men of Dachuek wielding machetes (pangas) marched into the center of Wangulei to fight. These machetes, which had been provided by Dr. Deng in the name of agriculture, were used to hack four people to death on February 11, 2010.
PETITION
We, the Ayual people in the Diaspora and at home in Southern Sudan, are deeply saddened by the killings and the ruling of the civil court which favored the Dachuek community, granting them possession and use of all the disputed cattle camps of the Ayual community: Pajieth, Pakar, Pathor, Guar and Awahak. This ruling also ordered that the Boma or chieftainship of Ayual in Wangulei has to be moved from Wangulei and turned over to the government.
This court ruling is not only greatly dissatisfying, but it is a direct insult to our ancestors’ spirits, who entrusted the care of these lands to many generations of Ayual – living and the dead. These cattle camps are very connected to our people’s way of life and taking them away will erode the well being and cultural rights of our community. The judges who decided the case acted under the influence of Dr. Deng. Therefore, the decision is biased. It does not take into consideration knowledge and respect for the historical precedent, which was dictated by the original governmental official. The decision is a result of an exploitation of the court system, in which the Ayual community and the facts presented where not given fair and unbiased consideration.
This concern speaks to a larger issue when taken in context of the end of the war between the Southern Sudanese community and the Arabs. Those who have been placed or appointed into power as a result of the end of that war are now beginning to abuse that power, turning communities against one another. Dr. Deng’s role in the events between the Dachuek and Ayual communities is the most current example.
We plead that Your Excellencies and Honorable Members will remember that this year we embark upon the first ever electoral process of our great nation. We cannot afford the undermining and disaffecting actions of politicians like Dr. Deng to stir up conflicts that can result in the marginalization of our own Sudanese communities. Let us not be misled that this same Dr. Deng is also championing the Gadiang Peace Initiative, even while creating conflict between the Dachuek and Ayual communities.
Dr. Deng has secretly armed his agriculture militia men from the Dachuek community, under the false pretense that they are serving as security personnel to protect the construction of the Gadiang Peace Village, when, in fact, they have been armed to seize the property and land of other Sudanese communities through violence and mayhem. While these militias used machetes (pangas) on the attack of the Ayual community on February 11, 2010, they were also seen carrying guns.
We also bring to your attention actual numbers to illustrate the inhumane use of power by the likes of Dr. Deng and others under his charge who also serve in our local government. Four Ayual men were hacked to death with machetes (pangas). Ten Ayual community leaders and hundreds more young Ayual men are currently being held in prisons with poor conditions where even basic needs are not met. However, not a single person responsible for these killings on February 11, 2010 has been arrested. Our concern today is whether the law means to punish the victim or to bring to justice the murderers responsible for these crimes.
On February 14, 2010, the Commissioner ordered the army to the Ayual grazing lands and scattered all of the Ayual cattle, leaving the Ayual children and elderly, whose main sustenance is milk, vulnerable to hunger and thirst. Hundreds of cattle and scores of children have not been found.
We (Ayual) have never planned an attack on the Dachuek community, or anyone else in Nyuak, in the history of our existence. The Ayual community never planned to attack the Dachuek community during this land dispute. In fact, on the day of the fight, members of the three sections of the Ayual community were performing marriage ceremonies with the different communities in the greater Twic East area and beyond:
1. The Guetkeer section of Ayual, who lost Arok Kuir Kolbil in the attack, was in Bortown for the marriage of Athieng Lueth Ader and Geu Wunthony, from Nyapiny, Ajuong.
2. The Pan-kuer section, who lost Bul Kuer Deng, was in Pathuyiith for the marriage of Bul Manyen’s daughter. Please note: Chief Bol Manyok of Ayual was at this wedding as well.
3. The Pan-Alaak section, who lost Alaak Garang Mabior, was performing the marriage of Deng Mangok Alaak in Palieu (Ajuong).
We mention these events, which were taking place on the same day as the attack, to refute the rumors that the Ayual community initiated this violence.
In addition to the three people named above, Chut Aleer-Dit Deng, a resident of Wangulei, also lost his life during the attack.
RECOMMENDATIONS
In an effort to restore peace, we, the Ayual people of Wangulei, request that the following recommendations be enacted and enforced immediately. Without action, we fear that the peace once common to all Nyuak Payam communities will be forever surrendered to further losses and increased violence.
• Peace must be restored but not at the expense of the Ayual community lands.
• Dr. Deng must resign his position and suffer the consequence of a full investigation to hold him personally accountable for the misuse of government funds which resulted in the destructive act of communities fighting against one another;
• Dr. Deng must be denied the privilege to step foot on Wangulei soil until he has answered the question of why the Ayual community members were hacked to death;
• Any and all development projects headed by Dr. Deng must cease immediately.
• The Commissioner must account for his action of intentionally scattering the Ayual cattle camp and subjecting children and the elderly to hunger and imminent death.
• The Commissioner’s misuse of power must be investigated immediately.
• Those members of Dachuek community who have been secretly armed by Dr. Deng and who perpetrated the killing must be disarmed, arrested and held accountable for the crimes they have committed.
• The army must be moved away from the villages in Wangulei to allow the Ayual men to return to their families.
• The traditional leaders and young men of the Ayual community who are currently detained must be released immediately.
• The Ayual community must have assurances from the government for a free and fair appeal process in the civil court and that the decisions made during this process will be enforced. Note: the Ayual community will not abide by the decision—as it stands—of the biased court.
• The governor must be ordered to answer our calls or suffer the consequence of the Ayual community withholding all votes during the upcoming election.
CONCLUSION
We are very sorry that lives have been lost and great suffering has come to the innocent citizens of the Ayual community. We are saddened because, as decent human beings, we believe that the suffering of any human being, friend or foe, is unfortunate and must be condemned in the strongest terms possible. There is no joy in the loss of life and we extend our condolences to the immediate families of everyone involved. We all have lost, whether we regard ourselves as the “victors” or the “victims” of this atrocity!
The importance of land to its people is what led the Sudanese Peoples Liberation Movement/Army to take up arms against the Khartoum regimes, ultimately claiming over 2.5 million lives. The DARFUR conflict, which claimed thousands of lives, was also a result of land issues and the misuse of power by politicians (the same as what we now face with Dr. Deng in Wangulei). It is because of land that the Ngok Dinka of Abyei has been boldly and constantly fighting the Misseriya – Khartoum’s government backed militia.
Your Excellencies and Honorable Members of the parliament, Ayual’s land is no less important than the lands defended by so many others across the Nation. The Ayual wish to see this matter settled fairly and peacefully.
We thank you for always being of service to our country.
Should you have any questions regarding this petition, please contact the Ayual community at [email protected]
Signed By:
John Atiop Yak Dau, United States of America
Peter Magai Bul Ayual, United States of America
Atem Dhieu Garang, Australia
Bul Garang Mabil Awer, United States of America
Michael Arok Yak Duot, Canada
Mabior Thuch Ghack, United States of America
Malual Manyok Deng, United States of America
John Chol Pajieth Bul, United States of America
Awer Gabriel Bul Ajak, United States of America
Lual Jok Alaak, Australia
Reuben Mayen Garang Atem, Canada
Teresa Kuir Yaak de Riek, United States of America
John Deng Ajok Deng , United States of America
Peter Barach Kuany Barach, United States of America
John Duot Manyang Duot, United States of America
Abraham Chol Ghack Deng, United States of America
Deng Yak Duot, United States of America
Jacob Yaak Chol Jurkuch, United States of America
Deng Akoi Jurkuch, United States of America
Bul Manyok Duot, United States of America
David Biar Gak Biar, United States of America
Ayual Community Members in Diaspora