Somalia: FEIT and IEDRM planning coordinated action against serious electoral malpractice (24.11.2016)

feit-statement-24-11-2016

Kenya – Worsening drought in Mandera and Samburu (23.11.2016)

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  • Drought conditions are deteriorating particularly in northern Kenya. Around 1.3 million people are reportedly food insecure.
  • Food security is expected to shift from stressed (phase 2 of the Integrated Food Security Phase Classification/IPC) to crisis level (IPC phase 3) for pastoral areas in early 2017. Global acute malnutrition is expected to remain critical, with rates above emergency thresholds.
  • The government of Kenya announced an allocation of 5.4 billion Kenyan shillings (nearly EUR 50 million) to mitigate the effects of the drought.
  • DG ECHO partner organisation Acted launched an emergency appeal for USD 2.6 million for immediate life-saving support to drought-affected communities in the districts of Mandera and Samburu.

Opinion: President Museveni decree ordered closure of Makerere; which is the reason for the deceased innocent new-borns at Kawempe!

bukenya-quote

This saddens me and eats my heart out, as much as the knowledge of the famine in Isingiro and the lacking systemic enterprise or structure of the Ugandan Government, which is continuing to faltering, not serve the public. This has proven earlier in the year of other hospitals without X-Ray machines, lacking medicines and ordinary sanitary products. Together with the only Cobalt 60 Teletherapy Machine in the country at the Uganda Cancer Institute at the Mulago Hospital Complex we’re broking down and not having planned to be changed.

On the 1st November the President Yoweri Museveni closed down the Makerere University and its affiliated programs because of strikes that have occurred during the year. This is happening since the staffs at the Academic Institution haven’t gotten paid for months upon months, while the students want their lectures to be paid. What the outcome of it came quickly as the Mulago Hospital we’re telling that their programs of interns we’re suspended together with the closure of the University.

kawempe-hospital-p2

Key Information from 11th November:

“Dr Asuman Lukwago, the outgoing ministry of health permanent secretary, said the education ministry was responsible for the university and therefore, there is nothing his ministry could do to save the situation. “We would be contradicting ourselves. Ministry of education is responsible and not us as ministry of health. There is nothing we can do,” Dr Lukwago told daily Monitor in a phone interview” (Namagembe, 2016).

So because of First Lady Janet Museveni lacking integrity and ability to sort out the issues internally in the Ministry of Education the biggest Hospital and others are hurt. It is visible that the decisions have repercussions of the lacking leadership in the Ministry of Education and under Minister Janet Museveni who hasn’t carried out her position; since she hasn’t been able to sort out the allocation and the central leadership of the famous University.

“The initial health care is available but there is a shortage of specialists,” Dr Bangirana said. To improvise the available staff, Mulago hospital spokesperson, Enock Kusasira said the hospital has resorted to giving more attention to critical cases considered as life threatening.“We are concentrating less on out patients especially those whose cases are not life threatening,” Kusasira said. At the hospital, patients have to wait for hours before seeing the health workers. The case is not different from other affiliate hospitals and health facilities” (Namagembe, 2016).

Certainly the situation at the Mulago and affiliated Hospitals has been put into trouble with the suspension of Makerere. When the Ministry of Health Sarah Achieng Opendi has to defend the records of the actual numbers of deceased infants you know the system, the structure is rotten to the core. This isn’t really working and the innocence is dying. They are just read the statement in today’s Monitor!

31 New-borns deceased:

“The reports, according to Hon. Opendi asserted that the issue arose after the closure of Makerere University and the subsequent withdrawal of Senior Health Officers (SHOs) from the facility. “The Ministry of Health would like to strongly refute these allegations as baseless and a total misrepresentation of facts,” she said” (…) “Since the withdrawal of Senior House Officers on Nov 1, 2016 to date, Mulago Hospital has unfortunately lost 31 newborns,” she said adding that the deaths were majorly as a result of severe birth asphyxia and complications associated with prematurity” (…) “Severe Asphyxia is largely caused by prolonged labour, which is a consequence of late referrals. According to this statistics, Mulago Hospital has lost approximately one newborn per day due to unavoidable circumstances,” she added” (Mugume, 2016)

There is surely and have been deceased infants and babies during the famine and cause of the Isingiro, where the Republic and the government have dropped sorry loads of food-relief to the staving public; which has waited for months upon end. Sort of the same way the empty pockets of Makerere University lectures has been short-changed for months upon end. This is systemic maladministration from the head. What is worst is that the ones that are in charge are walking away, but the ones affected are being hurt. It is the innocent, the kids, the rural families; the ones are not MPs with flashy cars, lavish salaries but no taxes and all other perks. The same month that Makerere is closed the Income Tax Amendment that stops MPs for getting tax and the same month the MPs add-on more fees for “service car” in their duty.

The new-borns are dying at Kawempe Hospital, a Hospital that is affiliated with Mulago Hospital Complex. The Promise from Enock Kusasira we’re more a pre-warning than facts of their mission. They couldn’t control the effect of the closure of Makerere, as the President didn’t think of the effects or knew of the effects. His micro-management has caused severe effect for dozens of lives, not only the students that have their studies postponed and their degrees put-on hold. But the lives at Mulago and affiliates have been hurt.

The innocent children born into the world, doesn’t care about misrepresentation, taxation without representation or skimming funds. They care about their sanitary, loving mother and father; and occasionally food. They don’t care about the flashy cars for the MPs or the Ministry of Health Sarah Opendi’s resignation to the force of Janet Museveni.

Each family that has been affected by the decision of the President should be asked for forgiveness from the state, they lost their new-born. They lost their kid and the future of new-born something that should been made sure by the state. The State lost their way when they are responsible for the neglect of taking care of the mother and her baby at the hospital. That is supposed to be a safe-zone and make sure the families are in good hands. Each one of them are one too many to lose. The President has their souls on his hand, since he caused the effect and made the decision to suspend Makerere University. That has in return cause the innocent loss of lives.

This is how much that the President cares about the civil service, his teachers, his ministries and the citizens. He offers a Visitations Committee instead of allocating funds and giving way so that the Makerere can open and save life. More the public display of utter nonsense is more casual than actually acting on the loss of life. The innocent lives dies while the President orders are lingering, not only at Kawempe Hospital, but at the regions of Isingiro and Karamoja; the President couldn’t care less as the help showed has to be shown on the NTV and UBC before he cares.

The reckless policies and ineffective are now insulting to the public in Uganda, time for President Museveni to take charge and show leadership; has to make the right decisions and might even have to cough up some ghost-monies, some other shadow funding to pay his civil servants at the Hospitals and at the University! Peace.

Reference:

Namagembe, Lilian – ‘Health ministry stuck as Mulago crisis deepens after Makerere closure’ (11.11.2016) link: http://www.monitor.co.ug/News/National/Health-ministry-Mulago-crisis-deepens-Makerere-closure/688334-3448994-747buj/index.html

Mugume, Paul – ‘Minister Opendi Speaks Out on Neonatal Deaths at Kawempe Hospital’ (23.11.2016) link: http://www.chimpreports.com/minister-opendi-speaks-out-on-neonatal-deaths-at-kawempe-hospital/

Kenya: Press Statement on the Status of the Recruitment of Chairperson, Ethics and Anti-Corruption Commission (21.11.2016)

kenya-eacc-nov-2016

MPs turn violent, exchange blows after meeting Interior CS (Youtube-Clip)

“Two members of parliament from Laikipia County engaged in a physical confrontation as they emerged from a peace meeting convened by interior affairs cabinet secretary joseph Nkaissery at harambee house. Laikipia north MP Mathew Lempurkel clashed with nominated MP Sarah Paulata Korere during which they are reported to have exchanged blows and kicks. Both MPs recorded statements with the police accusing each other of assault” (Kenya Citizen TV, 2016)

Advocacy Brief on Kenya: 15th Session of the Assembly of State Parties (ASP) to the Rome Statute of the International Criminal Court 16-24 November, 2016 (21.11.2016)

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Background

At the height of the violence that gripped Kenya after the disputed 2007 elections, the Party of the National Unity and the Orange Democratic Movement, who were parties to the conflict, wrote to the International Criminal Court (ICC) seeking its intervention to stop what they called genocide. A local investigatory commission with international participation found that some actions during the post-election violence likely met the threshold of crimes against humanity and recommended the establishment of a Special Tribunal for Kenya, or in the alternative, the handover of the sealed evidence to the Prosecutor at the ICC.

Efforts to establish the Tribunal were defeated by political forces aligned to suspected perpetrators, hence triggering the handover of evidence to the ICC and the subsequent investigation. Six Kenyans were named in connection with seven crimes against humanity charges; the ICC Pre-Trial Chamber II confirmed charges against four suspects. Two suspects – Uhuru Kenyatta and William Ruto were subsequently elected President and Deputy President, respectively, before their trials could begin at the ICC. Thereafter, the Prosecutor withdrew charges against two suspects – Francis Muthaura and Kenyatta – citing witness bribery and intimidation, as well as failure by the Kenya government to cooperate with the court. The remaining case against Ruto and journalist Joshua arap Sang was terminated citing “intolerable levels of witness interference and political meddling”.

Kenyans for Peace with Truth and Justice (KPTJ) has followed closely the developments around accountability for the crimes committed during the 2007 post-election violence. Since the opening of the investigations in March 2010, we have observed certain shortcomings and challenges on the part of the Government of Kenya, the ICC, the Assembly of States Parties (ASP) and the African Union (AU). This brief seeks to focus on key issues emerging from the situation that the ICC and international justice finds itself in today, while drawing linkages from how the Kenya cases and other ICC cases were managed. KPTJ also makes recommendations on actions that require to be undertaken by the ASP, the ICC and African governments in order to address the emergent challenges.

  1. Engage and Withdraw Simultaneously?

A Contradiction in the Mandate of the AU Open Ended Committee

  1. The 27th ordinary session of the African Union’s assembly in July 2016 issued a decision on the ICC[1] pursuant to a similar one from the previous session[2]. Besides praising the court’s termination of the case against Kenya’s Deputy President William Ruto, the AU outlined a five-point agenda for the Open-Ended Committee of Foreign Ministers on the ICC, which included the following:
  • Engaging with the United Nations Security Council (UNSC) before the January 2017 AU Summit and before the 15th Assembly of State Parties in November 2016.
  • Maintaining the earlier decision from January 2016, to develop a comprehensive strategy to inform the actions of AU member states that are party to the Rome Statute; a strategy that includes collective withdrawal from the ICC.
  • Concluding a review of the ICC’s interpretation of Article 93 of the Rome Statute regarding the compulsion of unwilling witnesses to testify, with a view to inform debate at the 15th
  • Conveying the message that AU member states object to the inclusion of language requiring the UNSC to mandate UN peace-keeping missions to enforce arrest warrants in Africa.
  • Utilising the AU Mission in Brussels, Belgium, as the secretariat to the Open-ended Ministerial Committee and provision of institutional support to the African Group in The Hague, Netherlands, to ensure effective coordination of its activities.
  1. The AU has since held a meeting with the UNSC in September 2016 to present pre-formulated terms developed by the Open-ended Ministerial Committee as conditions to keep African States as parties to the Rome Statute. These conditions were as follows[3]:
  • Immunity under the ICC’s Rome Statute for sitting heads of state and government as well as senior officials;
  • Intervention of the ICC in cases involving African states only after those cases have been submitted to the AU or AU judicial institutions; and
  • Reduction in the powers of the ICC Prosecutor.
  1. Recent developments have seen South Africa, Burundi and The Gambia commence processes to withdraw from the ICC; seemingly as part of actualising the intention cited in the agenda of the Open-ended Ministerial Committee. These actions expose the agenda by the AU to be disingenuous and presupposes that the deliberations within the ASP would be futile.. The wave of withdrawals occurs against a counter-wave of support for the Court by countries including Cote d’Ivoire, Nigeria, Senegal, Sierra Leone, Tanzania, Malawi, Zambia and Botswana[4]; an indication that the strategy for mass withdrawal does not enjoy the consensus suggested by the AU decision of July 2016. These countries have suggested that concerns expressed by African states are not insurmountable and can be addressed within the framework of the ASP. Their support for the ICC underscores the fact that the obligations under the Rome Statute are State obligations and not AU obligations; as such, decisions on withdrawal will be based on national interest that cannot be assumed by the AU.
  1. Furthermore, the strategy for AU member states to withdraw undermines the other outlined agenda items of engagement with the ASP, such as the review of the interpretation of Article 93 of the Rome Statute and the enforcement of arrest warrants. Such contradictory actions raise the question of whether the AU is negotiating ICC reforms in good faith.
  1. In light of the foregoing, KPTJ recommends that:
  • African States abandon and disregard calls for mass withdrawal from the Court and instead consolidate the member bloc to advance their concerns within the bounds of the ASP in deliberations based on good faith.
  • African states should continue to publicly reaffirm their support for engaging with the ICC through the ASP and prevail on the AU to adjust its engagement strategy accordingly. We applaud the statements made by Cote d’Ivoire, Nigeria, Senegal, Sierra Leone, Tanzania, Malawi, Zambia and Botswana.
  • An ICC Liaison Office should be established at the AU headquarters in Addis Ababa to facilitate more productive and sustained communication between African States and the ICC as part of restoring a relationship that has become plagued by mistrust and misunderstandings.
  1. Absence of Accountability?

Peace, Security and Stability

  1. The characterisation of the ICC as undermining the peace and security of states or threatening their stability has become a recurring theme by those advocating disengagement or withdrawal from the ICC. In its notice of withdrawal, South Africa claims that its aspirations for the peaceful resolution of conflicts were being hindered by its obligations under the Rome Statute[5] to arrest Sudanese President Omar Al Bashir when he attended the June 2015 AU Summit in Johannesburg. Kenyan government officials have also previously described the cases against Kenyatta and Ruto as an existential threat to peace and stability.
  2. A closer scrutiny of this assertion in the face of ongoing conflict situations suggests the contrary. The absence of accountability processes does not necessarily facilitate peaceful resolution of conflicts; the South Sudan and Burundi conflicts instead point to protagonists willing to escalate violence, even in the context of peace negotiations. Burundi and The Gambia have commenced processes to withdraw from the ICC at a time when their respective governments stand accused of acts of repression and mass human rights violations. Rather than advance the cause for peace, the clamour for withdrawal from the ICC is playing into the hands of those wary of the prospects of accountability in the aftermath of conflict. Even more concerning is an apparent trend of rising post-election violence, such as that witnessed in Kenya previously and in Gabon currently, or violence stemming from efforts to instal third-term incumbencies in the Democratic Republic of Congo (DRC) and Burundi. Such trends are bound to persist in the absence of mechanisms for accountability, of which the ICC is a critical component.
  3. The assertion that the African Court of Justice and Human Rights (African Court) and its proposed expanded criminal jurisdiction through the Malabo Protocol would fill in any void created by a mass withdrawal from the ICC is erroneous. The African Court is a distant prospect for addressing the impunity gap: it is far from being operational. Since 2013, only five states namely Benin, Kenya, Congo, Guinea Bissau and Mauritania have signed but not ratified the Malabo Protocol, which requires the ratification of 15 states to begin operations. Kenya is the only state thus far that has made a financial pledge of USD 1 million to operationalise the court — a far cry from the resources required for a court of broad jurisdiction consisting of a mandate on human rights as well as international law and interstate disputes. It has previously been estimated that a singular international criminal trial costs USD 20 million to undertake. In addition, the protocol contains contentious provisions that undermine its viability as an alternative platform for international crimes, the most notable being the clause of immunity for sitting heads of state and senior government officials. As a testament to the inability of the African Court to be an immediate replacement of the ICC as desired by some, even South Africa through its Justice Minister has indicated that it will ask for a review of the Malabo Protocol to address contentious issues. Furthermore, limited progress has been made towards establishing national mechanisms that can sufficiently undertake the obligation of accountability for international crimes.
  4. KPTJ recognises the pursuit of justice in conflict and post-conflict settings as an essential pillar of rebuilding democracies and restoring rule of law. These are the pathways to lasting peace, security and stability. Rather than push to void international justice mechanisms after the conflict to facilitate mediation, we recommend that:
  • African states fully implement and consistently apply already established norms on democracy, peace and security as a preventative measure to conflict including: the African Charter on Human and Peoples’ Rights; the African Charter on Democracy, Elections and Governance and; the African Governance Architecture.
  • African states must critically reflect on and address the issues of the African Court’s capacity, accessibility, legal standards outlined for crimes under international law and expunge provisions conferring immunity on sitting Heads of State and senior government officials. This process must not be rushed or predicated on a manufactured crisis precipitated by a strategy of mass withdrawal from the ICC.
  • African states should establish robust and credible national mechanisms to address the accountability question at first instance and in complementarity with regional and international mechanisms. They must also broaden their policy considerations to include comprehensive reparation programmes for victims of international crimes.
  • Disparity between State Obligations and Reality?

A look at State Cooperation

  1. The Kenya and Sudan cases have exposed the frailties within the Rome Statute framework in as far as state cooperation is concerned. These cases have laid waste to the presumption that States will willingly engage with the court in the face of cases seeking to prosecute sitting heads of state, their deputies or powerful elites in close proximity to power. State cooperation has only demonstrably worked in instances where the target for prosecution is a vanquished foe of conflict as seen in the cases of Uganda and Cote d’Ivoire, that are fast advancing a notion of “victor’s justice”. This challenge is further compounded by the fact that the final recourse for addressing the lack of state cooperation rests with the ASP. The ASP being a political organ of the Rome Statute is influenced by political rather than purely legal considerations in making its decisions, which makes the issue of resolving the non-cooperation of states problematic. A final challenge to state cooperation is the failure of the United States, China and Russia to ratify the Rome Statute while also being members of the UNSC with the power of referral of matters to the court. This has created the notion of double standards within the international justice system and emboldened other states to disregard cooperation with the court.
  2. KPTJ calls on the members of the UNSC who have not ratified the Rome Statute to display leadership on State cooperation with the court by first ratifying the Statute and utilising its discretion on referral and deferral in a manner that adheres to the objectives of the Statute. We further wish to reiterate that state cooperation must denote effective cooperation that facilitates the mandates of the respective organs of the court and not feigned cooperation which creates the perception of facilitating the court but in fact consists of using procedural and technical obstacles to undermine the court. We call on the ASP to adopt a consistent and objective legal standard in the assessment of state cooperation.
  3. Are there lessons to be learned?

Taking stock of the experience in the Kenya cases

  1. The Kenya cases and the manner of their termination carry critical lessons for consideration to inform future actions by the court and the content of reforms within the strategic plans of its respective organs. The Office of the Prosecutor (OTP) as well as the bench on various occasions decried the instances of witness tampering and intimidation as well as non-cooperation by the state in responding to the OTP requests for information and a failure to execute ICC warrants of arrest with respect to three Kenyans suspected of witness tampering. This in fact has led to a finding of non-compliance against Kenya and led to its referral to the ASP under article 87(7) of the Rome Statute. In the midst of all this, was an unprecedented and disruptive diplomatic effort that deliberately exerted political pressure on the court with a view to influencing the outcome of the Kenya cases. It is arguable that these diplomacy efforts yielded the concession of excusing President Kenyatta and Deputy President Ruto from continuous presence at their trial and that the current wave of withdrawals from the ICC on the basis of an apparent bias by the court against Africans are a fallout from these diplomatic efforts. The capitulations of the cases have also pointed to significant flaws in the investigative and prosecutorial approaches that informed the development of the cases and must lead to some introspection from the relevant mechanisms. The fact that the Trust Fund for Victims is yet to commence operations in Kenya cannot go without mention.
  2. KPTJ urges all the organs of the court to reflect on these experiences and take due cognisance of the following lessons and recommendations:
  • The ICC, particularly the ASP, should do more to ensure that it does not allow political statements to interfere with the judicial independence of the Court.
  • The ICC should ensure that it takes steps to respond to messages of a political nature and correct inaccurate statements in a timely manner. In addition, it should ensure that such key messages reach the right audiences, including victims and affected communities.
  • The Court should continue to build its relationship with African States that openly support the mandate of the ICC; in addition, the ICC should do more to improve its relationship with, and image at, the AU.
  • The Trust Fund for Victims should commence operations in Kenya, as victims have received little to no assistance from the Kenyan government.
  • The Prosecutor should carefully consider when to request ‘summons to appear’ as opposed to ‘warrants of arrest’ and take into account the individual circumstances of each accused person in doing so, particularly their potential to intimidate witnesses and interfere with evidence.
  • Swift action should be taken by the Prosecutor and the Court in instances of non-cooperation by States Parties. Any instances of non-cooperation should be resolved as speedily as possible, in such a manner that the outcome of proceedings on non-cooperation can be applied to strengthen an ongoing case and not be delayed to the point that the outcome is only of academic significance.
  • The Prosecutor should continue to carry out a review of its investigative strategies and methods in order to improve its chances of success at trial.
  • The Prosecution should ensure that its staff are able to spend as much time as possible on better understanding the context and nuances of a given situation country.
  1. Pursuit of reform without prejudice?

UN Reform vs ICC Reform

  1. The unique role played by UNSC in referral and deferral of cases before the ICC means that the debates on reforming the court and reforming the UN and in particular the UNSC have inevitably intersected. We have witnessed both undertones and overt accusations of imperialism and undue influence directed at the court on account of cases on Africa referred to it by the UNSC (Libya and Sudan). Arguments made to amend the Rome Statute to confer immunity for sitting heads of state and senior government officials are laced with grievance against the UNSC permanent five members possessing a de facto immunity from prosecution under the ICC on account of their veto power. The end result is a misdirected effort to amend the Rome Statute or in the extreme withdraw from the ICC on the basis of perceived excesses that are better addressed by engaging the broader debate of UN reforms.
  1. While KPTJ acknowledges the slanted relationship of the UNSC with the court and supports a robust conversation on its reforms, we call on states not to misdirect the agenda of reforming the UNSC into discussions on improving the functions of the court and occasion amendments to the Rome statute that sacrifice the future of the court as part of a bargaining process on UNSC reforms. We call on African states in particular, to distinguish the broader question of UN reforms as enshrined in the “Ezulwini Consensus” from the question of reforming the Rome Statute and reflecting on the performance of the court. We call upon African member states to the Rome Statute not to sacrifice the promise of justice for victims of atrocity crimes at the altar of grievance against the unequal power relations represented by the UN Security Council.

end/kptj/16.06.2016

——–

About KPTJ:

This brief was prepared by Kenyans for Peace with Truth and Justice (KPTJ), a coalition of Kenyan citizens and over 30 organisations working in the human rights, governance and legal fields that came together during the crisis over the disputed results of the 2007 presidential election to seek truth and accountability for the elections and the widespread violence that followed; and who continue to work closely with the victims of that period. It is a brief update on the situation in Kenya as pertains to pursuing accountability for the crimes against humanity committed during the 2007-2008 Post-Election Violence as well as its adherence to its obligations under the Rome Statute.

[1] Assembly/AU/Dec.616 (XXVII)

[2] Assembly/AU/Dec.590(XXVI)

[3] Press Release: “UN/African Union: Reject ICC withdrawal”. Available here: http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/552-un-african-union-reject-icc-withdrawal.html

[4] Article: “Which African states slammed Burundi, South Africa and Gambia’s withdrawal from ICC?” Available here: http://www.ibtimes.co.uk/which-african-states-slammed-burundi-south-africa-gambias-withdrawal-icc-1589711

[5] https://www.justsecurity.org/wp-content/uploads/2016/10/South-Africa-Instrument-of-Withdrawal-International-Criminal-Court.jpg

US Ambassador Stephen Schwartz letter to H.E. Mr. Adbikarim Hussein Guled on the Electoral Process in the Galmudug (20.11.2016)

guled-letter-20-11-2016

South Sudan: Apparently “No Pardon” for Dr. Riek Machar; while Machar calls Kiirs Government a “Rogue Regime” the battles intensify as the UNSC Arms Embargo in the works!

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SPLA

Today is another day and on this blessed Sunday, the battles between the SPLM/A and SPLM/A-IO are continuing and are in many states like: Yei River State, Blue Nile, Upper Nile, Western Bahr El Ghazal and Unity State. With this in mind, the reports of today tell who the fragile situation is and what this can all mean for the near future. Because the SPLM-N are even in trouble in Sudan and in South Sudan, which makes the borders even worse; with this reality the world should act and give extend the mandate of UNMISS, the Arms Embargo would not work if there is still sold weapons without ending certificate; than the meaning of the trade will not be in the loop until their fetched by the International Community like MONUSCO this year. So here is the lot of the day!

No pardon for Dr. Riek Machar:

President Salva Kiir said on Sunday: “My brother Riek Machar thinks the only way for him to become the president of this country is violence, killing innocent people. I told him several times [that] there is no reason to fight. If you [Machar] wants to be the president, wait for elections, but he did not listen” (…) “They come asking me to pardon him. I tell them I have no problem with him. He is a citizen of this country and he can return anytime, but must denounce violence” (Sudan Tribune, 2016).

Offensive from SPLA:

Big government offensive on rebel Fatuyo’s base in Li-Rangu following the attack on Yambio, in which rebels showed off new RPG supply.

This is happening as fuel shortages are hitting the country, the issues with lacking of food-supply and the NGOs are under attack from SPLM/A-IO and also SPLM/A; this is happening with the full knowledge and with support from the Troika. That have set in force the process, but not considered the wish of power for the President and FVP Machar, who both of them has their agenda. This is happening as the sore and weak Kenyan Government cannot handle criticism of their commander, therefore they are leaving the UNMISS to show integrity, but instead losing their power and helpful assistance in the war-torn country.

As this is happening the Yei River State Officials are resigning because of the “Human Right Violations” in the state. There been reports of fierce battles between the State and the SPLM/A-IO in the Unity State.

Gen. Malik Agaar speaks out:
“Does Taban know how many lives we sacrificed for the independent of South Sudan?” Asked Malik Agaar” (…) “Does Taban know how the people of Nuba Mountains and Blue Nile fought for the liberation of South Sudan?” He ask again?” (…) “Where was he when our bones littered the land of South Sudan?” And asked again. Taban looked between his legs as if he was peeing but he was just sweating” (…) “Taban we aren’t going anywhere, as SPLA-N we are here to stay whether you like it or not.” Malik Agaar concluded boldly looking in the face of Salva Kiir. At this point Taban was done” (…) “Until you become the President of South Sudan then you can do whatever you want to do to SPLA-N.” Malik Agaar warns” (…) “From today onwards I don’t want to hear from you, neither call me nor ask me.” Malik Agaar declared and that was by no mean a point of contention. It was the END of the meeting” (Alfa, 2016).

So another group who are in the borderland and creating problems in South Kordofan, Blue Nile State and in Darfur, the SPLM-N are now threatening the SPLM/A and the FVP Taban Deng Gai, who took over when Dr. Riek Machar fled Juba in July 2016. This has since inflamed the situation and now the fragile state has more trouble.

SPLM-N
SPLM-N

But the SPLM-N is already trouble also inside Sudan:

“On Sunday, the Khartoum North court judge Osama Ahmed Abdalla convicted the defendant of spying for violating article “53” of the Criminal Code, saying the prosecution presented coherent and strong evidence against the defendant” (…) “He pointed the prosecution witnesses proved that the defendant has conveyed military information about the Sudanese army in El Meiram area, South Kordofan to the ruling SPLA party in South Sudan” (…) “The judge added the defendant also, in collaboration with two others, handed over a government source to the SPLA, saying the source was assassinated by the latter” (Sudan Tribune, 2016).

So when the Gen. Malik Agaar attacks Gen. Taban Deng Gai for his actions, they are themselves into trouble elsewhere… the fragile border and frictions between Sudan and South Sudan. This has become better and there been visits from Juba to Khartoum as even Dr. Riek Machar came there after being in the woods of Democratic Republic of Congo and banished by the MUNSCO, the President Kiir has pardoned the 750 soldiers that we’re part of Machar’s group there, but is not willing to pardon him before he acts peaceful. Certainly the bloodshed between the SPLM/A and  the SPLM/A-IO is not over, as the SPLM-N are taking stand now and are under fire in Sudan as well.

There rumours that the SPLM/A-IO Dr. Riek Machar after leaving the safe shores of South Africa he is now taken by Army Operatives of the Ethiopian State on Ethiopian soil, while the U.S. is currently on working on blacklisting him for not being able to get arms on legal basis; though I am sure the blood money can pay for guns and ammunitions.

These rumours and reports are coming as Dr. Riek Machar has leached out this statement:

“We have been driven back to the bush,” James Gadet, a spokesman for Machar, told the AP on Saturday in a call from Nairobi, Kenya” (…) “(We) call on the international community to declare the regime in Juba a rogue government,” the document says, adding that international agencies monitoring the peace deal should “suspend their activities” until the agreement is “resuscitated.” (News Wires, 2016).

ipc-south-sudan

They can declare as much as they like, can call the TGoNU who cooperates with the IGAD-Plus and the UNMISS, also with the Troika a “Rogue Regime”, that might help their cause and help their loyal commanders, but it doesn’t strengthen their cause after the skirmishes this year.

President Salva Kiir might be totally wrong about his actions and decrees, but the initial violence comes as a result, but also the power-hungry FVP Machar has created as much violence on his own and also tried to kill the president in vain. Therefore both men do what they can keep themselves in power. The people, the citizens of the South Sudan are the losers who torn between two Parties and too Big-Men. Peace.

Reference:

News Wires – ‘South Sudan rebel chief urges armed resistance against government’ (20.11.2016) link: http://www.france24.com/en/20160924-south-sudan-rebel-chief-riek-machar-kiir-urges-armed-resistance-against-government?ns_campaign=reseaux_sociaux&ns_source=twitter&ns_mchannel=social&ns_linkname=editorial&aef_campaign_ref=partage_user&aef_campaign_date=2016-09-24

Sudan Tribune – ‘No amnesty for South Sudan rebel leader, says President Kiir’ (20.11.2016) link: http://www.sudantribune.com/spip.php?article60893

Sudan Tribune – ‘Sudanese court convicts former SPLM-N officer of spying for South Sudan’ (20.11.2016) link: http://www.sudantribune.com/spip.php?article60895

Alfa, John – ‘GEN. MALIK AGAAR OF SPLA-N IN is in JUBA, SOUTH SUDAN’ (20.11.2016) link: https://africanspress.org/2016/11/20/gen-malik-agaar-of-spla-n-in-is-in-juba-south-sudan/

Statement by Ambassador Joseph Moum Majak N. Malok, Charge d’affairs A.I. and Deputy Representative the Permanent Mission of the Republic of South Sudan to the United Nations, to the United Nations Security Council (UNSC) on the UNMISS and South Sudan Sanctions (17.11.2016)

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