Amnesty to the rebels! reparations for the victims!
“When we sing “Justice, liberty and prosperity shall forever more reign,” surviving victims of rebellions will not understand because there has not been remedial strategy reciprocation in their favor”.
By Machien Luoi
July 5, 2013 – South Sudan will be two years old on July 09, 2013. As anticipated and welcomed by the public, the President of the Republic of South Sudan, 1st Lt. Gen. Salva Kiir Mayardit will reiterate his commitment to peace, stability and Unity of our people by re-pronouncing his amnesty call on Rebels of South Sudan, particularly to David Yau Yau and his contingents to abandon rebellion. This is noble because peace and stability are prerequisites to development and prosperity.
This time though, the President must have a message for the communities and citizens devastated by activities of the rebels who accepted or will respond to amnesty call. Amnesty should be based on “acknowledgement of crimes” committed and an “effective remedial strategy” to help rehabilitate the victims and their families.
At the outset, amnesty is an “official pardon given to people convicted of political offenses.” In our case, the rebels who received amnesty violated the Republic of South Sudan’s Transitional Constitution 2011, Part I (4) (2), which states, “Any person or group of persons who attempt(s) to overthrow the constitutional government, or suspend or abrogate this Constitution commits treason.” In addition, the rebels have grossly violated almost all the citizens rights, specifically the ones enshrined in the very constitution under the “Bills of Rights.” Despite these, amnesty is still a necessity to help strengthen our national unity, consolidate peace and venture in projects that can propel our country to prosperity.
But should amnesty to the rebels be in expense of law abiding citizens? It seems like it.
Once they agree and accept amnesty, former rebels negotiate their way through the system. It has been a common practice for former rebels to return with senior military ranks acquired in their bush structures where they had different structures from what constitutional government sanctified. After they are pardoned, most rebels retain their ranks, get reintegrated or incorporated to the military or civil service branches of government. They receive salaries and benefits just fine. No obligation, justice is done to them.
Consequently, their income or resources acquired from the new status takes good care of their families, children and other dependants. They settle, stay free, in liberty and immune from any criminal proceedings on illicit charges committed before the amnesty was issued or heeded to. All of a sudden they become heroes than perpetrators – persons who commit acts held to be “beyond legal or moral principle” and who can be judged guilty for offenses or crimes, and superior than citizens who respect sovereignty of South Sudan. Their futures and those of their families look brighter because they can afford education, health care, housing, clean water and other social amenities than those they victimized.
In comparison, victims – those who “suffered harm in the form of physical or mental injury, emotional suffering, pecuniary loss or a substantial impairment of human rights as a result of a gross violation of human rights” are citizens who adhered to their constitutional requirements. According to the Republic of South Sudan Transitional Constitution, Part I (4) (3), every citizen has “the duty to resist any person or group of persons seeking to overthrow the constitutional government, or suspend or abrogate” South Sudan constitution. In defense of this constitutional assertion, law abiding citizens are ones killed, disabled, whose properties are damaged or confiscated and displaced.
In the aftermath of amnesty, these great citizens and their families get totally forgotten while perpetrators of crimes meet neither retributive nor restorative justice responsibilities for the sake of the injured parties. Yet the victims remain traumatized by lose of their loved ones, damaged property and the risk of returning to insecure settlements.
On June 30, 2013 an UXO (unexploded ordinance), possibly one planted by rebels of Late Gatluak Gai or other rebel factions in the Unity State exploded and killed one child and hospitalizing another child in Koch County. Typically, this is what meets citizens returning to former ravaged villages in South Sudan. Besides, clinics and schools in victimized localities are abandoned or destroyed. This is unfair for the victims or survivors of the rebel activities.
It is time to give to the victims and survivors of various rebellions starting in 2010. Our President should take it upon his esteemed office to seek some kind of reparations and assurances for victims of the rebels he is giving amnesty. In reparations, devastated person (s) and communities need financial support, education, health and other social amenities including counseling programs to rehabilitate their being and get their children to dream about better future for themselves and their country. Partially, it is responsibility of the government giving amnesty to call upon the rebels accepting amnesty to fulfill some retributive or restorative justice requirements for the sake of the injured parties and healing of the country.
When we sing our National Anthem on the 2nd Independence Anniversary, our people will be less in numbers compared to our 1st Independence Anniversary. This is due to many lives lost or people displaced to foreign nations from Upper Nile and Jonglei States in the past one year by rebel activities. When we sing “Justice, liberty and prosperity shall forever more reign,” surviving victims of rebellions will not understand because there has not been remedial strategy reciprocation in their favor. Amnesty should be based on “acknowledgement of crimes” committed and an “effective remedial strategy” to help rehabilitate the victims, their families and healing.
A message to the victims of various rebellions from the President of the Republic of South Sudan on July 09, 2013 concerning some reparations is desirable. It is imperative for the victims or survivors to know that “Justice, Liberty and Prosperity” are also meant for them not just the perpetrators of crimes. “Oh God Bless South Sudan!”
The author is a South Sudanese residing in Unity State and can be reached at [email protected] or [email protected]