South Sudan: FVP Gen Taban Deng Gai – Press Statement (26.02.2019)

South Sudan: Maribor Garang de Maribo – Public Service Announcement – The Failure of the SPLM and the Illusion of SPLM Reunification (22.02.2019)

South Sudan: IGAD Special Envoy Meets with Lt. Gen. Thomas Cirillo Swaka (25.02.2019)

Opinion: The NRA Historicals acts like they are above the law

Let them (land probe) go to the president; I don’t care!” All ‘these things’, the government knows what happened. Let them go to the president, or God!” – Deputy Attorney General Mwesigwa Rukutana

Surely this is the system of the President, that his loyal allies, the 26 Guns salute are allowed to whatever they feel like. The Entitlement of the National Resistance Amry, the now National Resistance Movement (NRM) Historicals and still vibrant politicians. They are allowed to grab land, be implicated in corruption scandals and even use force without any retaliation.

It is like they, the NRM Historicals are allowed to do whatever, that being Deputy AG Rukutana, Maj. Gen. Jim Muhwezi or now Gen. Kyaligonza, all of them can do whatever they want. The law will not really catch up to them. The likes of Muhwezi can squat on land and grab it, instead of loose it. He gets the army to cease the land that he occupies to then be delivered to him. That is how they operate. They can acts as overlords, because the President lets them.

Today, there are viral video of Kyaligonza out, on what ill acts the historical are doing in Mukono. As explained here. That the Uganda’s Ambassador to Burundi Gen. Matayo Kyaligonza and his security guards from the Uganda People’s Defence Force manhandled today a female Police Officer, as the Honourable lad took an illegal U-Turn in Seeta, Mukono.

Therefore, we are again seeing the mighty NRA soldiers and Generals are allowed to do as they please. The ushered in the Presidency and therefore, can act as they please. They can be above the law and do whatever they feel.

Like if an Opposition Member said what Rukutana said to Land Commission, they would have been in legal jeopardy, as no one should dare say that. Neither, if anyone else used the Security Guards like Gen. Kyaligonza this week. They would also played with fire. The same can be said if someone squatted on the land or grabbed it like Gen. Muhwezi is known to do.

They are just prime example, just like during the General Election and Campaigns before 2016, the now Minister Maj. Gen. Kahinda Otafiire tried to embezzle and pay-off his competitor in the Election in his Constituency. However, there was no aftermath or even investigation. Even as the tape of the suggested pay-off was leaked online.

This is just what they are allowed to do and act, the Historicals can break the law, misuse their power and allegiance to the President. Therefore, they can act above the law and not get court-side or even see law enforce act against them. They are just walking like free birds. They can fly away without being touched.

That is the reality, today proves it again. The NRA/M Historicals can do what they please. There is nothing they cannot do. I am sure they could kill a beggar by the Square in Kampala and nothing would happen. Because, that is who they are and what role they play in society. They are allowed to act like this and the President let them. Because they helped him to power, therefore, he feels they should get special treatment since they are his allies and his weapon-brothers. Nevertheless, the public can feel like second class citizens, because they could never act like this and get away with it. Peace.

South Sudan: Cap. Maribor de Garang Maribor – Public Service Announcement – The Regime’s Use Of The Ideal of “Peace” As An Instrument Of War (19.02.2019)

Slow implementation of peace agreement, lack of basic services impeding returns in opposition-controlled areas of Wau (22.02.2019)

Organized by the United Nations Mission in South Sudan (UNMISS) Civil Affairs Division, the forum in Ngo-dakala, an area under the opposition in Wau, brought together more than sixty participants.

JUBA, South Sudan, February 22, 2019 – Michael Wondi Issues impeding voluntary returns in opposition-controlled areas of Wau have been raised at a one-day round-table discussion that brought together the leadership of the Sudan People’s Liberation Army/Movement in Opposition (SPLA/M-IO) in the area.

Organized by the United Nations Mission in South Sudan (UNMISS) Civil Affairs Division, the forum in Ngo-dakala, an area under the opposition in Wau, brought together more than sixty participants that included military, political, youth and women representatives.

“In fact, there are fears for our people in the POC [Protection of Civilians sites] to come out,” said Emilio Fada, Minister of Agriculture in Wau, stressing the need to form a joint- committee to engage the displaced persons.

“They see that a peace [agreement] was signed, [but] since September till now there is no implementation on the ground. They still feel that something may happen in the future,” concluded the minister.

“The solution is that the government should take their army back to the barracks, and the opposition [forces] also go to their barracks, and leave the civilians alone,” said Chief Musa Joseph of Ngisa area noting that disengagement of soldiers will allow citizens to return to their respective areas.

“We came to you here to assess challenges affecting voluntary returns,” said Justin Atit, UNMISS civil affairs officer in Wau, noting, “The peace agreement has been signed and the time has come for us to resolve challenges to allow people affected in the camps to return home.”

Mr. Atit noted that the discussion aimed at creating a conducive environment for safe and voluntary returns to the areas under the opposition in Wau

“Disaster has happened as you have seen: farms of the people have been burnt, no medicine, people are suffering,” said Anthony Fada, Opposition Governor in Wau, enumerating the challenges facing people affected by years of conflict.

Mr. Fada urged humanitarian partners to support the returnees with livelihood items as they prepare for the farming season.

South Sudan: Recommendations of SPLM reunification committee (21.02.2019)

Outraged by renewed fighting and continuing human rights violations in South Sudan, UN Human Rights Experts urge all parties to stop conflict, end impunity and respect provisions of the revitalized peace agreement (20.02.2019)

NAIROBI/GENEVA (20 February 2019) – With thousands of people once again forced to flee their homes because of ongoing violence in South Sudan, the Commission on Human Rights in South Sudan urges the Government of South Sudan and all parties to the conflict to respect the cessation of hostilities and implement the revitalized peace agreement signed five months ago.

In its third report to the Human Rights Council in Geneva, the Commission finds that continuing violence and human rights violations, including rape and sexual violence, may amount to war crimes.

Since its December 2017 update to the Human Rights Council on the magnitude of the crimes of rape and sexual violence perpetrated in South Sudan, the Commission notes the situation has markedly worsened, with documented cases showing a surge in rapes between November and December 2018, particularly in Northern Liech state.

“There is a confirmed pattern of how combatants attack villages, plunder homes, take women as sexual slaves and then set homes alight often with people in them,” commented Commission Chairperson Yasmin Sooka.

“Rapes, gang rapes, sexual mutilation, abductions and sexual slavery, as well as killings, have become commonplace in South Sudan. There is no doubt that these crimes are persistent because impunity is so entrenched that every kind of norm is broken,” she added.

UNICEF reports that 25 per cent of those targeted by sexual violence are children, including the rapes of girls as young as 7. Elderly and pregnant women have also been raped. The Commission also received reports of male victims of sexual violence. Sexual and gender-based violence against men and boys is even more underreported than that against women and girls as there is a greater level of stigma. even raping and killing the young and the elderly.

The Commission documented a case study on Leer, in Southern Unity state, where more than 8,000 young men were recruited to fight with the words: “you go and get cattle from Mayendit, also abduct and rape beautiful women you find here, loot their properties”. The men were also told that this was the perfect time to seek revenge for relatives they had lost in the conflict and that they would never have another such opportunity.

Noting that a lack of accountability for decades of violence during the struggle for independence helped to fuel the current conflict in South Sudan, the report stresses that sustainable peace requires a tangible and credible pursuit of accountability and justice that meets the needs of the many thousands of victims.

“We do acknowledge the efforts of the Government to hold some perpetrators accountable for gross violations of human rights and serious violations of international humanitarian law, such as the trial and conviction of SPLA soldiers in the Terrain Hotel case,” stated Commissioner Andrew Clapham. “However, we also have to note that pervasive impunity remains the norm,” he added.

The Commission has long been concerned about the lack of progress in establishing the Transitional Justice mechanisms, particularly the Hybrid Court for South Sudan, the Commission for Truth Reconciliation and Healing, and the Compensation and Reparation Authority, which were adopted in the 2015 Peace Agreement. It notes that the Revitalized Agreement has reaffirmed the importance of these institutions to build sustainable peace. It fully expects that concerted efforts will be made by the Revitalized Government, the African Union and Regional Governments to ensure these bodies are set up and contribute to the consolidation of peace in South Sudan.

The Commission has also looked at the allegations of sexual exploitation and abuse by peacekeepers of the United Nations Mission in South Sudan (UNMISS). From January 2018 to 2019, seven such cases involving 18 alleged UNMISS perpetrators were registered in the UN Sexual Exploitation and Abuse Database. These cases were swiftly investigated by the UN mission, resulting in the repatriation of peacekeepers implicated in sexual activity with women in one of the Protection of Civilians sites. The Commission has further recommended that the current database, which only reflects incidents involving UN Peacekeepers, should be expanded to include personnel of implementing partners.

The Commission also notes a link between the conflict and the political economy of South Sudan, where even before independence, there were concerns about the misappropriation of natural resources, particularly oil. The oil producing areas of the country have become increasingly militarized by Government forces, including by the National Security Services, which have expanded their involvement in the oil sector. The state-owned Nilepet oil company’s operations have been characterized by a total lack of transparency and independent oversight, allegedly diverting oil revenues into the coffers of elites in the government. Furthermore, oil revenues, and income from other natural resources such as illegal teak logging, have continued to fund the war, enabling its continuation and the resulting human rights violations.  The Commission notes South Sudanese activists have urged the Commission and the AU to ensure that the mandate of the Hybrid Court for South Sudan incorporates such crimes.

The Commission underlines that in implementing the Transitional Justice agenda in South Sudan, victims and vulnerable communities, especially women and those internally displaced and refugees, are core stakeholders who must be included in the design and implementation of such mechanisms. The Commissions welcomes the provision in the Revitalized Peace Agreement that women must make up 35 per cent of participants at all levels in the Transitional Government institutions, including the Transitional Justice mechanisms, and urges all parties to respect and implement this important provision.

The Commission also calls on the region and wider international community to invest, politically and materially, in these Transitional Justice mechanisms, essential for building sustainable peace, as well as supporting the people of South Sudan in rebuilding all aspects of national life, especially the rule of law.

The Mandate of the Commission includes the collection and preservation of evidence. The Commission has continued to document violations, build dossiers on perpetrators, collect evidence and preserve it for future accountability processes. In this report, the Commission details three cases studies in which the incidents and events have been extensively documented taking account of those who allegedly have command responsibility for the crimes. The names of these alleged perpetrators are contained in a confidential dossier which will be handed over to the UN High Commissioner for Human Rights in Geneva. The acts described as war crimes in our report are also human rights crimes under the Torture Convention and the Convention on Enforced Disappearances – both monitored in Geneva. All states parties to those instruments are obliged to prosecute or extradite persons found on their territory suspected of such crimes.

“The evidence we have collected and preserved will be available to the prosecutor of the future Hybrid Court and other transitional justice mechanisms,” noted third Commission member stated Barney Afako, “This evidence may be used beyond South Sudanese bodies – it may be available on request to regional and state parties for future prosecutions.”

South Sudan’s challenges are immense, says the Commission, given the protracted conflict, its ethnic dimensions and deep divisions; the inability of the population to access the economy; the lack of financial capacity and capable organisational and human resources; and what is perceived to be a dysfunctional and predatory elite system of government.

“With sustained political will and effective leadership,” concludes Commission Chair Yasmin Sooka, “The transitional justice framework and mechanisms can help to bring accountability, reconciliation and healing as South Sudanese deal with the past and secure their future stability and prosperity.”

South Sudan: Ministry of Water Resources & Irrigation letter to President Salva Kiir (18.02.2019)

Local EU Statement on violations of the Cessation of Hostilities Agreement and the Revitalised Agreement on the Resolution of Conflict in South Sudan in Yei River and Amadi States (19.02.2019)