Chollo Community Council - Rejection of President Salva Kiir appointment of border commission chairperson

Date: 26.4.2016

Press Release

Subject: Rejection of President Salva Kiir appointment of border commission chairperson

Every time and then Southerners are dismayed and shocked by the behavior of President Salva Kiir, who never wants something good for the people. He wishes to lead people's live in tension and frustration and also in disputed environment and uncertainty for bright future.

Imagine prior to the end of the year 2015, a wave of jubilation engulfed the country precipitated by Order No 36/2015 in which he created the current embattled 28 states. On 27th December 2015, he issued another decree of cancellation of the existing 10 states. Moreover, on 31 December 2015, he issued Presidential Decree No. 126/2015, appointing the governors of the new states in the country; instead of Southerners enjoying Christmas celebrations, people were reduced into gloomy state. Therefore, the nascent nation could be termed as ''jungle nation'' in which President Kiir is the only one in show, and it is not abusive or crime to call South Sudan, the nation that operated in the constitutional vacuum in the legal term.

As a result of President Kiir feckless, the Communiqué in its 55 Extraordinary Session on 30-31 January 2016, expressed it concern about the October 2, 2015, the Presidential Decree of the formation of 28 states, arguing that its implementation is inconsistent with the terms of ARCSS. The Council was not strong and bold enough to stop the Order and stick to Compromise Agreement, because it gave loose statement that that Order shouldn't delay the formation of the Transitional Government of National Unity to enable the dialogue on that matter. The position of the Council was not authentic, because on what base that TGoNU is going to be formed? It seems to open a door to re-negotiate the agreement. Here people may observe a clear loophole which becomes a breading site for President Kiir to implement his reservation.

President Kiir seems to be a heavyweigh world champion who run the show, and this may be a reason he refused to sign the Compromise Agreement in Addis Ababa before IGAD plus nations. It was humiliation and insult to the whole world and it was IGAD plus that knelt down before the President Kiir by bringing the Compromise Agreement to Juba, for him to sign it in his office. It shows bad image and weakness of IGAD that have uphold President Status to do anything he wishes without fear or threat from anyone in this world.

In the Communiqué of the 55th Extra-ordinary  Session of the IGAD Council of Ministers , the members were much interested to urge the parties to form the TGoNU at National Level in absence of agreement on the creation of new states, to suspend further action on implementation the operation of 28 states until an inclusive participatory National Boundary Commission comprising all parties to ARCSS reviews proposed states and their boundaries, and the process  should be given period of up to one month. The IGAD plus failed to stand on solid ground to tell the truth that the issue of 28 states was not given as proposal but it was Presidential Decree and should be nullify and parties must stick to the agreement they signed. The IGAD plus as guidance to the Compromise Agreement, were not supposed to allow anything contrary to the agreement. But they have given golden ground to the President Kiir to distort and manipulate the whole process to suit his reservation. In other words, the Communiqué helps the President Kiir to kill the agreement slowly.

See, President Kiir dishonored the agreement he signed on 26 August 2015, this is why he repeated the same mistake by appointing the chairman of National Boundary Commission on 17th April 2016, which was supposed to be appointed after the formation of the TGoNU and in consultation with the First Vice President as cited in chapter 1. Article 8.1 read together with 8.1.3, in the Compromise Agreement.

In line with decision of the Communiqué in regard to Order No.36/2015, the Security Council argued that the parties to the agreement must abide by and take no action inconsistent with the IGAD Session resolutions on 30-31 January, which was subsequently endorse by the parties and JMEC, in related to the Presidential Decree on the creation of 28 new states. Look despite the requests made by the IGAD and UN Security Council for suspension of Order No.36/2015 that brought real confusion in South Sudan, the ingrate President Kiir never hearkens. President Kiir is acting under pressure from somewhere else has circumvented the logical and the most important steps in reviewing the order and jumped to appoint the chairperson of the National Boundary Commission.

Collo Community Council, like all those who know how Kiir does things, is not surprised by this action. That is how he works to complicate simple issues to make their implementation difficult if not impossible. To our knowledge such haphazard decisions are unpopular and therefore not implemented.

The people of South Sudan would have been presented with a much easier choice between 21 and 28 states if proper study and comprehensive consultations were made. But President Kiir stepped in to issue decree after decree, which did not only result in negative effects but are taking dear lives of the innocent children of the young country. Worse still President Kiir is putting numerous obstacles in the process to repeal the unjust order. Appointing of the chairman of Boundary Commission, while by-passing the other steps is a further obstacle Kiir is making.

The people of South Sudan shouldn’t allow themselves to be fooled by Kiir this time around. The hurriedly appointment of the chairman of National Boundary Commission should be denounced and out-rightly rejected. If someone is pressuring Kiir into making unpopular decisions that are negatively affecting the lives of people of South Sudan, the masses should pressure Kiir to make him learn how to follow correct procedures for making credible decisions that the people can accept and respect.

Collo community Council would like to remind all Collo people that they are the most adversely affected community by Kiir’s order No 36/2015. No community lost more land than Collo. As a result no community in South Sudan is losing lives of its daughters and sons more than Collo because of that order and other bad decisions that Kiir unilaterally makes from time to time. We therefore, appeal to all concerned Collo individuals and groups everywhere to reject this new appointment and ignore the call for proposing people to the membership of that fake border commission. Collo will definitely participate in the authentic border commission once established by the mandated parties after the formation of TGoNU to ensure accountability for results. In the mean time let us be a bit more patient and distance ourselves from president Kiir’s tricks while waiting for the right commission, which will come soon.

The struggle for the liberation of Collo land continues.

Samson Oyay Awin

Chairman of Collo Community Council, Khartoum