Petition against the removal of local chiefs by the commissioner of Twic East County

Petition against the removal of local chiefs by the commissioner of
Twic East County, Dau Akoi Jurkuch, on 25th July, 2012.

TO: H.E. Kuol Manyang Juuk, Governor, Jonglei State.
CC: Hon. Madam Hilde Johnson, Special Representative of the UN
Secretary General CC: Hon. Diing Akol Diing, Minister for Local
Government, Jonglei State. C: Hon. Deng Dau Deng, Twic East County MP,
SSNLA CC: Hon. Dau Akoi Jurkuch, Commissioner of Twic East County. CC:
Dau Aleer Abit, Twic East Community chairman in Juba. CC: Twic East
Community Intellectuals. CC: Ayual Community.
JULY 31/2012, SSN: Governor of Jonglei State, Kuol Manyang Juuk and
the entire state authorities, we acknowledge your leadership at
different levels of government in Jonglei State. We, Ayual community
in Diaspora and at home appreciate your tireless contributions to the
welfare of our civilians in our state.
The security in Jonglei State has improved under your leadership this
year. The state government has done it best though there are still
imminent insecurity issues in Twic East County, especially in Nyuak
Payam. Ayual community and the Twic East people respect and value your
successful work during the liberation of our struggle.
Your Excellency, we the entire Ayual community in Diaspora and within
South Sudan are writing to express our deepest sadness about the
ongoing conflict between the Twic East County Commissioner; Hon. Dau
Akoi Jurkuch, and the Ayual community local chiefs. The chiefs are
headed by Bol Manyok Duot, Deng Ayiel Bul, Yak Mayen Atem, Deng Ajang
Ajak and Yaak Akoi Jurkuch.
The entire Ayual community is profoundly devastated and shocked by the
latest attempt by the commissioner to forcefully remove the five
civilian chiefs and try to unlawfully replace them. The commissioner
even went further that Bol Manyok be forcefully sent to the army while
he is a civilian.
Under the Local Government Act, based on the constitution of the
Republic of South Sudan, counties commissioners are appointed by the
governor of the state through consultation with the counties
authorities. In Twic East County, the previous two commissioners were
appointed by the governor. They worked with traditional chiefs and
their administrations achieved their goals because they
collaboratively worked with the local chiefs.
Therefore, the current commissioner of the Twic East County, Hon. Dau
Akoi Jurkuch uses his authority beyond his mandate. The following is
the quote from the commissioner:
2- In accordance with above mentioned subject, The Twic East County
commissioner is glad to inform you that Bol Manyok Duot was working
with the Local Government as head-chief in Nyuak Payam, however, his
contract/term with us it finished and he has to go back and report to
his mother unit. Your usual cooperation is highly appreciated and
regards (16/07/2012).
This statement was quoted from the letter sent to the SPLA
Headquarters (Bilpam) in Juba. Based on that letter, the commissioner
stated that the head Chief Bol Manyok Duot was working as a contractor
in Nyuak Payam and his term of contract has expired. This statement
indicates that this commissioner is totally out of his mind because
all the Head Chiefs in Jonglei State do not work as contractors. All
the Head Chiefs in Jonglei State are elected by their clans.
However, judging from contradicting statement of the commissioner, we
find no reasons to believe that the commissioner is following the
right procedures of removing chiefs. If the people are dissatisfied
with their works, then they are entitled to be changed by the
community. However, this customary law applies all over South Sudan
and the Twic East County must not be an exceptional.
They above chiefs are very influential and well respected within Ayual
community. The latest move against the chiefs by the commissioner has
prompted angry reaction from the community and will likely have legal
implications. Firstly, the commissioner has no legal authority to
remove and appoint local chiefs because these are traditional chiefs
elected by their own clan members according to Dinka culture and the
constitution of the Republic of South Sudan.
Secondly, the commissioner has no legal authority whatsoever to
forcefully and send people to the army against their will. The latest
move is likely to endanger the relative peace that has been observed
in Wangulei. The commissioner misuses the army (SPLA) by sending them
to the cattle camp (Pakow) to brutalise the innocent civilians. Some
six young men were beaten up on the 18/07/2012 in the cattle camp.
Some of them were left in critical conditions.
The constitution of South Sudan, article (18) says, no person shall be
subjected to torture or to cruel, inhuman or degrading treatment or
punishment. This is unlawful and it’s a crime that deserves court
action. The role of the army is to protect the civil population as
well as the territorial integrity of the nation.
The commissioner illegally withholds the salaries of the five chiefs
namely; Bol Manyok Duot, Deng Ayiel Bul, Yak Mayen Atem, Yaak Akoi
Jurkuch, Deng Ajang Ajak for a year. These five chiefs are great south
Sudanese because like any other south Sudanese, they contributed their
sons and daughters and their Bulls and grain to the SPLA during the
war, some of them like Bol Manyok and Yak Mayen were SPLA soldiers
while their families supported the SPLA at home. It’s high time they
get their rewards. Denying them their entitlement is immoral because
it leaves their families vulnerable to starvation and this
commissioner bears the responsibility.
In regard to the dismissal of the five chiefs, the commissioner has
acted unconstitutionally by removing the chiefs and tried to replace
them. The Jonglei’s local government act does not empower the
commissioner to dismiss nor appoint traditional chiefs without
sections they represent. Such move is an abuse of power. He ordered
the arrest of Bol Manyok while Bol was in Bortown where he had to
follow up the court processes. Bol Manyok was detained under the order
of the Twic East Commissioner in Bortown and sent to Pariak. As a
result, he was later instructed to go to Juba and report to the army
headquarters.
This is an infringement of the power and a contravention of individual
liberty and freedom. Bol Manyok was arrested, held in custody in
Panpandiar for two days without charges. The constitution of South
Sudan, article (19), section 2, stipulates that an individual arrested
be informed of the reasons of his/her arrest at the time of his/her
arrest and that he/she shall be promptly informed of any charges
against him/her.
Article (12), every person has the right to liberty and security of
person; no person shall be subjected to arrest, detention, deprivation
or restriction of his or her liberty except for specified reasons and
in accordance with procedures prescribed by law. Article (13), section
2, no person shall be required to perform forced or compulsory labour
except as a penalty upon conviction by a competent court of law. None
of these constitutional clauses was obeyed.
Moreover, county commissioners have no legal authority to issue arrest
warrants. This is the work of the courts and the police. County
commissioners have no legal authority to force civilians to join the
army. This dictatorial style is unlawful and it deserves court action.
The commissioner forcefully opened Anglican Church in Aliet which the
community opposed and wanted it remained closed until the case is
resolved because the Anglican Church is a contributing factor in the
conflict between Ayual and Dachuek. Ayual community is not denying
anyone the right to be Anglican but we have the right to decide who to
permit the use of our land.
The constitution of South Sudan says that the land can be owned by
government, community and private. The Ayual land is communally owned.
Twic East commissioner falsely accused Ayual chiefs. The commissioner
violates and commits crimes and whenever asked why he is acting
outside his legal mandate, he replies that he is implementing the
orders from the state governor; Kuol Manyang Juuk. For instance, when
he ordered that the senior chief Bol Manyok be arrested in Bortown,
the commissioner was inundated with questions by people why he
relieved chiefs from their positions without consultation and he
simply says that they are orders from the governor.
We the people of Ayual community do not believe this because we know
governor Kuol, we respect him, he is our great hero and there is no
way he can act the way this commissioner is acting. Governor Kuol has
other priorities in his mind such as security and peace in Jonglei,
development and the likes. Dealing with local chiefs is not directly
in his portfolio but rather local government related and therefore not
on his priority list.
Brief History between chief Bol Manyok Duot and Commissioner Dau Akoi
Jurkuch. In 2007, clans called Dinkuya and Achath which were
previously part of the major clan Panwiir decided not to be part of
Panwiir anymore but to separate from it. They asked the local chiefs
headed by Bol Manyok to settle the issue. The chiefs’ verdict was in
favour of Dinkuya and Achath, they were separated from Panwiir.
Dinkuya and Achath named themselves Pajeek but Anyang still maintains
the relation with Panwiir.
Dau Akoi was disappointed at this decision made by Bol Manyok and his
team. He at one time uttered in anger that the clan of his father was
dismantled while he was still in Australia. This was the beginning of
conflict between Dau Akoi and Bol Manyok. Dau Akoi held this grudge
against Bol Manyok for so long until this time when he can revenge.
The commissioner lack professional skills and abilities to deal with
complex issues that face Twic East County. The commissioner has proved
to be incapable and too inexperience to carry out the duties of a
commissioner effectively.
Recommendations
1. The five chiefs to be reinstated back to their positions. The five
chiefs are; 1. Bol Manyok Duot 2. Deng Ayiel Bul 3. Yak Mayen Atem 4.
Deng Ajang Ajak 5. Yaak Akoi Jurkuch. Bol Manyok in particular must be
allowed to go back to Wangulei so that he can resume his duties
without any harassment or intimidation from anyone.
2. Stop violence against civilians immediately. Stop sending the army
to brutalize innocent civilians.
3. The army stationed in Wangulei should be removed immediately
4. Two sections, Ayual and Dachuek to be exempt from the elections of
local chiefs. No election/appointment of chiefs in Ayuaal area until
the Ayuaal Vs Dacuek case is settled. The Ayuaal Vs Dacuek conflict
started on their watch and therefore, they have to settle this
conflict first including the atrocities incurred and the pending court
case before their removal from their chieftaincies. If any of the
chiefs from two communities is convicted or have a hand in what caused
the Wangulei’s conflict, then he/they have to be relieved according to
the law after due considerations of all the facts, but not now.
5. Anglican Church in Ayual land to cease operations until the pending
case is resolved.
6. The five chiefs to be paid their salaries dating back from whence
the commissioner stops paying them plus compensation for the suffering
causes to their families during the 12 months when they did not get
any pay.
7. Twic East County commissioner to resign his position. The
commissioner must resign for divisive, corrupt and dictatorial style
of leadership. The resignation of the commissioner is important to
stop torture of the innocent civilians, women and children and avoid
dragging the two communities back to the conflict.
8. The commissioner of Twic E. County must be sued and prosecuted in
the court of law for the abuse of power. The constitution of South
Sudan, article (20) stipulates that the right to litigation shall be
guaranteed for all persons; no person shall be denied the right to
resort to courts of law to redress grievances whether against
government or any individual or organization. Citing this article, the
commissioner is subject to court litigation.

In conclusion, Your Excellency, the Governor of Jonglei State, we
humbly ask for your full cooperation and impartial action to resolve
the violation of human rights and put to an end the suffering of Nyuak
people in the hands of their own soldiers and commissioner.
We trust that your government would fairly and responsibly would
consider our petition to address the ongoing conflict manipulated by
the irresponsible commissioner of Twic East County Hon. Dau Akoi
Jurkuch. The commissioner of the Twic East County has failed to serve,
protect and defend the civilians in his county.
However, we members of the Twic East County, especially from Ayual
Community condemned the unwarranted, unjustified and premature attack
of the local chiefs by the commissioner without consent and
authorization from the Jonglei State Government. Fellow Twic East
citizens, and indeed Jonglei state, we fought for democracy, liberty,
justice and equality and the rule of law in the promise land of South
Sudan. These ideals that we struggled for are now at stake, especially
when you see the bureaucrats who never even look at the constitution
and use it as the guiding principle in their day to day running of the
public affairs infringe on the rights of others.
We are sincerely asking the above addressed dignitaries to be positive
to this petition because this petition is the voice of all the Ayual
community members all over the world and inside South Sudan. The voice
of the people must be listened to. Ayual Community doesn’t want any
election of local chiefs, they want to keep all the 11 chiefs until
the case between Ayual and Dachuek is resolved. They want the five
chiefs headed by Bol Manyok Duot to be reinstated in their positions
and allowed to resume their work without any harassment by anyone.
We do not yet know the reasons for their dismal. In one letter
addressed to the director for administration in Bilpam HQS signed on
16/07/2012 by Dau Akoi, the reason for their dismal was that the term
for contract with the local government has expired. This is not true
because the terms for the local chiefs do not expire; they can stay on
as long as their people like them.
In another letter addressed to Jonglei State, Governor Kuol Manyang,
Minister for local government and minister for law enforcement dated
13/07/2012, the reason cited was that they were involved in the
conflict between Dachuek and Ayual, this is not true because this
claim is not supported by evidence to clearly prove that the local
chiefs were involved in the conflict.
In another letter addressed to Lt Gen. Ayuen Alier Jongroor dated
20/07/2012, it is said that Bol Manyok in particular has a problem
with the governor of Jonglei state and has been expelled from the
state by the governor and so another general by the name Bol Bol was
asking general Ayuen to send Bol Manyok to the army training camp. We
do not know what kind of problem Bol Manyok had with the governor.
This is even a shame for the commissioner of a county to give three
different reasons on the same issue.
We would appreciate your cooperation and looking forward for your
positive respond. The undersigned are Ayual Community members around
the globe.

• 1. Brig. Gen. Marol Mangok Adoor
• 2. Brig. Gen. Kuer Chol Bul
• 3. Hon.Philip Dau Thiong
• 4. Moses Bul Deng
• 5. Col. Garang Gak Ayiik
• 6. Lt. Col. Bul Kuer Manyok
• 7. Maj. Atem Arok Atem
• 8. Ruben Manyok Aguer
• 9. Ayual Bul Ayual
• 10. Bul Garang Bul
• 11. Atem Dhieu Garang
• 12. David Dau Deng
• 13. Arok Yak Duot
• 14. Duot Akuein Duot
• 15. Bol Garang Bol
• 16. David Dabek Thiong
• 17. Paul Deng Thiong
• 18. Kuer Bol Bul
• 19. Atem Deng Ajang
• 20. Bul Manyok Duot
• 21. Gabriel Bul Kuany
• 22. Deng Kuer Mayen
• 23. Ador Akechnhial Ador
• 24. Mayen Garang Atem
• 25. Mabior De Maluk Deng
• 26. Aguer Yak Mabior
• 27. Bol Bul Bol
• 28. Dabek Duot Yak
• 29. Bul Ageer Awer
• 30. Philip Thon Juarwel
• 31. Chol Pajieth Bul
• 32. John Akoy Bul
• 33. Bul Kuer(Thukul) Manyok
• 34. Ador Machar Ador
• 35. Gabriel Mabior Chiping
• 36. Magai Bul Ayual
• 37. Majok Deng Bul
• 38. Deng Akech Ajak
• 39. Makuol Angok Deng
• 40. Ajak Atem Mabior
• 41. Deng Bul Ader
• 42. Biar Gak Biar
• 43. Ajok Reech Ajok
• 44. Lual Bul Manyok
• 45. Mabior Mabil Awer
• 46. Garang Kuany Aweer
• 47. Mawut Chol Deng
• 48. Chol Garang Deng
• 49. Deng Garang Bul
• 50. Deu Lueth Adeer
• 51. Maluil Aleer Maluil
• 52. Kuer Bol Bul
• 53. Chol Arok Khor
• 54. Alaak Jok Alaak
• 55. Garang Manyang Duot
• 56. Chol Malual Deng
• 57. Jok Yieth Deng
• 58. Bior Ayual Bior
• 59. Yak Atem Deng
• 60. Atem Malual Atem
• 7
• 61. Majak Bior Kuir
• 62. Kuol Koch Chol
• 63. Deng Dau Juach
• 64. Majak Manyok Bul
• 65. Aguer Thiel Lual
• 66. Kuer Diing Bul
• 67. Mayen Yak Duot
• 68. Garang Kuer Bul
• 69. Maketh Bul Bol
• 70. Mayen Malual Deng
• 71. Kuer Bol Bul
• 72. Alaak Deng Ajang
• 73. Duot Atem Bul
• 74. Ador Wal Biar
• 75. Deng Chol Yuang
• 76. Pajok Arok Deng
• 77. Ajith Ajok Deng
• 78. Dau Diing Wieu
• 79. Deng Bul Kuer
• 80. Chol Akech Ajak
• 81. Chol Mabil Awer
• 82. Bul Deng Bul
• 83. Marou Ajak Biar
• 84. Ajak Bul Ayiel
• 85. Deng Kuot Deng
• 86. Deng Jok Diing
• 87. Lual Jok Alaak
• 88. Chol Reech Ajok
• 89. Garang Aleer Aguer
• 90. Ater Atem Ater
• 91. Bul Deng Bul
• 92. Garang Chut Aleer
• 93. Aleer Dut
• 94. Ayual Jok Alaak
• 95. Dau Jok Ater
• 96. Deng Ayiel Bul
• 97. Pajieth Ayiel Bul
• 98. Awer Mabil Awer
• 99. Jok Akoy Thuch
• 100. Deng Mabil Awer
• 101. Pajieth Bul Deng
• 102. Bol Ding Wieu
• 103. Mator Kuer Deng
• 104. Bul Garang Mabil
• 105. Akech Akechnhial Ador
• 106. Deng Chol Deng
• 107. Ajak Dau Ajang
• 108. Deng Malual Deng
• 109. Ajak Deng Ajak
• 110. Ajak Akech Ajak
• 111. Chol Kuir Ayual
• 112. Dau Bul Ajak
• 8
• 113. Dau Garang Mabil
• 114. Bol Bul Deng
• 115. Bol Bul Deng(machol)
• 116. Bol Mayen Chol
• 117. Chol Bul Manyiel
• 118. Deng Wal Biar
• 119. Maliet Duot Aleer
• 120. Majok Aleer Aguer
• 121. Aguer Deng Gak
• 122. Aleer Deng Chut
• 123. Alaak Lueth Deng
• 124. Thon Abuoi Thon
• 125. Deng Chiluel Atem
• 126. Deng Ador Akechnhial (USA)
• 127. Chol Garang Juach
• 128. Manyok Kuot Deng
• 129. Ador Garang Biar
• 130. Akechnhial Ador Akechnial (Australia)
• 131. Deng Ador Akechnhial
• 132. Akoy Aleer Chut
• 133. Thuch Malual Deng
• 134. Thuch Mabil Awer
• 135. Chol Dau Duot
• 136. Deng Bul Ader
• 137. Pajok Ader Pajok
• 138. Dau Deng Awer
• 139. Bul Duot Kuer
• 140. Deng Kuer Manyok
• 141. Bul Manyok Duot (Canada)
• 142. Chol Gai Chol
• 143. Kuer Manyang Duot
• 144. Bul Mayen Duot
• 145. Duot Manyang Duot
• 146. Deng Garang Malual
• 147. Malual Garang Malual
• 148. Akol Garang Malual
• 149. Deng Manyok Deng
• 150. Ayual Manyok Deng