President Kiir: Between the rock and the hard place

BY: AlHag Paul, RSS

OCT. 10/2011, SSN; President Kiir committed himself to democracy and
to clean South Sudan of corruption at the UN General Assembly on 23rd
September 2011. As always he might have thought that he would pull the
wool over the eyes of the world as he does with South Sudanese. This
time, it could be different. His speech was noted by the world and the
world expects action.

Whoever wrote the speech skilfully entrapped his boss. Whether this
was a Machiavellian design or accident remains to be learnt. What was
noticeable was that everybody, even Dr Lam Akol praised the speech of
the president.  The SRSG (Special Representative of the UN Secretary
General) accredited to Juba called it a good start. Would this speech
turn out to be the Achilles Heel of SPLM that finally nails them. If
that was the case then it would be such a blessing to see the back of
this lot who have controlled South Sudan for 28 years.

Kiir boxed into a corner: Kiir committed himself to clean South Sudan
of corruption.  In doing this he boxed himself into a corner.
Inevitably, soon he will find himself between the rock and the hard
place which is of his own making.  It is not a surprise that barely a
week, the SRSG of UN in Juba, Ms Hilde Johnson asked GOSS to recover
and repatriate 2 billion dollars stashed away in foreign bank accounts
of SPLM party members running the government of south Sudan.

On the same day Ms Johnson made this request, she held a press
conference in Juba where she “highlight(ed) the steps the president
referred to on transparency and accountability in his statement, and
also to world leaders in New York, but also to the five critical
actions for increased transparency and accountability that he launched
upon his departure.  This sets, as we know, new standards for the
public finance and for government officials.  This was well received
among international partners, and I happened to be able to talk to
quite a number of them.”

The president’s speech to the world body is taken as serious and the
world through Ms Johnson wants to see him act.  How GOSS reacts
remains to be seen, but what is important is that president Kiir’s
credibility is on the line.

Dragging the president down: If he acts and throws his corrupt
associates to the wolves, then he may save himself.  Such action will
see the president emerge as a strong person, but there is no knowing
whether his associates won’t drag him with them.  It is rumoured in
the streets of Juba that the president himself is deeply involved in
this corruption up to his neck.  There is talk of him allegedly owning
estates in Australia among other things.

On the other hand, should GOSS through anti-corruption commission
stall as always, then the president’s credibility will be damaged and
it would offer the opposition a good chance to question his
suitability to govern.  This may be why Dr Akol has come back to Juba.

SPLA military part of corruption: The worst case scenario which can be
ugly and by all means undesirable is to let this process degenerate
into violence. Dr Jok Madut Jok in his Special Report 287 of October
2011, published by United States Institute of Peace, titled,
‘Diversity, Unity and Nation building in South Sudan’, points out that
the military is part of the corruption.  As the body that receives 40
percent of the total budget of RSS, there will be big fish in this
joint to answer and we hope that they see sense and not resort to
violence. This is the only sector that will pose real problems to Kiir
in dealing with corruption. If Kiir is the general that he claims,
then his skills should shine here.

However, if the president fails to honour his commitment to the world,
he must know that the good will extended to our country will dwindle,
and he will not be welcomed in many quarters of the world.
http://www.sudantribune.com/Lies-and-illusions-of-South-Sudan,40241

Will SPLM disown the president? With that, his other side of character
will come under the full glare of the world and no doubt the crimes
that took place during the war under his watch will become an issue.
Here, it is up to him whether he wants to follow his former boss
Bashir to The Hague sometimes in future.  Should it come to this, his
very party the SPLM will disown him. President Kiir needs to learn
from cases of similar nature.  The Serbs abandoned their liberators of
mid 1990s: general Radtko Mladic, Slovadan Milosovic, and so on.  The
Croats and the others did the same. Even NCP – it is just a matter of
time, they too will abandon Bashir.  So Kiir will not be unique to
escape if he were indicted.

Commitment to political pluralism: Ms Johnson’s call for recovery of
the 2 billion dollars was followed by another important event in
Nairobi, Kenya on 29th September 2011, that is, the meeting between
president Kiir and the leader of SPLM-DC Dr Lam Akol.  Just the day
before Ms Johnson’s press conference in Juba where she said “the
second issue she wanted to highlight is that the president reaffirmed
his commitment to political pluralism, and he highlighted the recent
formation of the new government that is inclusive of other political
parties as a first sign in this regard.

This is as an important step, and this commitment to political
pluralism is very welcome and bodes well for broad consultations to
ensure a stable, democratic transformation of the new and independent
country.”  All the signs are that the president’s speech in New York
is fast being put into action by heavy pressure from the world.

A photo of the president in his trade mark hat at his residence in
Nairobi meeting Dr Akol shows him flustered and very uncomfortable.
He appeared to the camera as somebody who wanted to hurriedly stand up
in anger.  His facial expression did not helpful the situation.
Contrarily his opponent, Dr Lam appeared relaxed, smiley with legs
wide open.  Ironically both men wore white shirts with similar red
ties.  Dr Akol’s smiles are understandable given the fact that he now
has got a route back to Juba courtesy of the president’s speech.

Dr Akol praised this speech and said that his meeting with the
president addressed some political issues and that he was now ready to
return home after a long period of absence related to personal as well
as political climate prevalent in the country then.  Diplomatically,
the president, welcome the decision of Dr Akol to return home and lead
his party: SPLM-DC.

What is interesting with the photo is that it is reminiscent of the
meeting between John Garang and Sadiq El Mahdi on 31 July 1988 in
Addis Ababa.  As the story goes, the Umma Party and SPLM had made an
agreement for their leaders not to be photographed together during the
meeting because; Sadiq did not want to be seen back in Khartoum as
sitting down with an infidel rebel. The Umma party strategists did not
want the political ramification of any images with Garang to tarnish
their Islamic credentials.

The SPLM agreed on pretence and when the meeting was in full swing,
the SPLM press invaded the meeting and took all the photographs they
wanted.  Sadiq, as you can imagine was powerless and helpless.  Sadiq
in some of those photographs looked flustered like Kiir in the
photograph with Dr Akol.  Did Kiir not want to meet Dr Akol in public?
Who took the photograph? This question will give a clue to any
political manoeuvre at play during that meeting? Also, it could
provide clues to reading the photo fairly. Time will tell.

Defections to and from the SPLM has been going on since 1991.  It has
become a culture of this organisation.  Dr Akol, Dr Riek and John
Koang were the initiators of this culture in the movement.  Since that
time to now Dr Akol has been travelling around for sometimes until
2009 when he formed the SPLM-DC.  It remains to be seen whether this
new rapprochement is another prelude to return to the SPLM mainstream
in pursuit of a ministerial position.  It appears that there are
interesting times ahead.

Making enemies in 'luak' very risky: The prospect for the president
having to skin powerful corrupt members of his party and the army is a
very undesirable thing as it will eat away his power base.  I
understand that making enemies in the ‘luak’ is very risky and this no
doubt will be a headache for the president for sometimes.  On one
hand, balancing the pledges made to the world and on the other the
security of power at home will prove to be the place between the rock
and the hard place for the president. Also, for the president to turn
into a democrat and to let Dr Akol in as he has done is not being
received well in SPLM either.

SPLM is aware that the South Sudanese public have had enough of them
and any robust opposition within is going to further weaken them.  Not
a good prospect for the diehard.  For the last two years, the
propaganda machine of SPLM/A demonised SPLM-DC to an extent the
security establishment in Juba see every member of SPLM-DC as a
traitor, which of-course is not fair and no doubt reflects the
totalitarian and undemocratic nature of SPLM.

The brutal beating of SPLM-DC leader in the parliament Mr Onyoti Adigo
on the eve of independence proves this point.

Again, the world now wants to see that SPLM proves itself as a
democratic organisation.  How they are going to treat Dr Akol and his
party and all the other parties in South Sudan will be the measuring
yard stick for their commitment.

Ms Johnson in response to a question posed by Radio Miraya during the
press conference in Juba lectured them thus, “There are many ways of
ensuring political pluralism and for me and for us the greatest test
would be the practical implementation of the democratic transformation
process.  This implies that key legislation needs to be in place,
political space needs to be secured and those that are active
politically whether or not in position, are protected both in terms of
human rights standards, in terms of their ability to have freedom of
speech, as well as their political activity.

Democratic principles: So the test of political pluralism isn’t always
that everyone should be in the government but that the opposition that
holds government to account can do so without interference. It is also
about being able to abide by democratic principles.

As I mentioned in my intervention, it is going to be important what
the Political Party Act looks like, what the Electoral Act looks like
and that there have been adequate consultations with the different
parties on the acts.  In addition, we have a very important
constitution review process coming forward.  So both from the
perspective of the community and the people of South Sudan but also of
the parties, having an inclusive and broad consultative constitution
review process is going to be one of the most important tests as
well.”

This obviously is easy for any democrat to implement but a hard act
for seasoned looters to implement.  Let us see how president Kiir and
SPLM are going to manage this situation.  It looks like president
Kiir’s speech has brought it upon them.  They can not blame anybody
for sabotage.  It is their making.  They cooked it themselves and they
should serve it and eat it.

While Ms Johnson’s actions so far are encouraging and we are grateful
for it, her test for “practical implementation of the democratic
transformation process” for South Sudan falls short.  I do not know
whether this is a result of Euro-centric bias normally seen in
dealings between the so called first world and the third world or a
genuine and an honest mistake.  It is not clear to me, because if it
is the former, it would indeed be very sad for it just confirms how
difficult it is for people of European origin to shade their centuries
old embedded bias against people of other cultures.  Even universal
concepts such as democracy is viewed and applied differently depending
on cultures.

Watered-down democracy: However, if it is the latter, then it is
excusable.  But the question I ask is: why is Ms Johnson prescribing
for South Sudan a watered down version of something that resembles
democracy?  As the SRSG, Ms Johnson is expected to do better than
that.  Democracy is democracy.  There can be no way of skirting in
between.

Oxford Advanced Learner’s Dictionary, 7th edition by Sally Wehmeier,
Colin McIntosh, Joanna Turnbull and Michael Ashby, published by Oxford
University press in 2007 defines democracy as “a system of government
in which all the people of a country can vote to elect their
representatives.”  In short as the Americans always put it, democracy
is government of the people, by the people for the people.

The only credible test for democracy is free and fair elections; a
constitution reflecting the will of the people coined by the elected
representatives of the people; freedom of expression; freedom of
press; freedom of speech; freedom of association; freedom of movement;
etc and an independent judiciary.

Illegal mandate of current MPs: Now, since the demise of the Sudan as
we knew it and the birth of two new countries on 09th July 2001 there
have not been any elections in RSS.  Technically, all the current MPs
can not be said to be the choice of the South Sudanese people.  Three
quarters of them are carried forward from the previous defunct two
parliaments in South Sudan and North Sudan.  These were elected in
2010 and their legal mandate came to an end on 9th July 2011.  The
other quarter was appointed by president Kiir.

Let me draw you attention here to a one super family in South Sudan.
The president appointed three siblings from this family to the
parliament in addition to one other who already gained a seat earlier
in the 2010 elections.  In effect we have four sibling MPs from one
family of the same mother and father.  Really, which constituencies
are these siblings representing?  What makes them so important as to
be the only representatives of the people in south Sudan?  What
special thing have they done to South Sudan that the others have not
for them to deserve these positions?

As can be seen, arguably our parliament has clouds over its head.
Thus the government has failed the test of democracy according to the
above definition.  This being the case, I expect Ms Johnson’s first
point of call to be to ask president Kiir to dismiss the parliament
and call for a general election as a prelude to ‘the new era of good
governance, democracy, accountability and transparency’ the president
announced at the UN General Assembly.

This is what we South Sudanese expect.  However, it is not too late.
Ms Johnson can and should on behalf of the world request president
Kiir to dissolve the parliament and hold new elections in line with
his pledge for “a new era of good governance, democracy,
accountability and transparency.”  President Kiir should not be let
off the hook.  He alone without any duress made the pledge to the
world.  He must now demonstrate to the world that when he stood at the
podium before the leaders of 192 countries of the world during the
66th session of the General Assembly of the United Nations in New York
on 23rd September 2011, he meant every word he said.

Victims of Kiir's misrule: For us, the victims of his misrule we want
to see changes in the way we are governed.  We want to see that we are
governed by representatives of our choice.  We want to see every MP in
parliament is a choice of the people.  We want to see that our
constitution is a product of our legitimately elected MPs to reflect
our will.  We want our MPs to hold the crooks to account.  We want the
thieves out of public offices.  We want our MPs to legislate for a
Truth and Reconciliation Commission.   We want……, we want………., we
want……..

Joanna Adam’s article ‘Holding our National Government to Account”
published in South Sudan Nation website on 3rd October 2011
beautifully articulates the need and importance for such a body to
address our sad past  and to bring peace and harmony to our country.
http://www.southsudannation.com/holdingourgovttoacc%20joanadams%2078.htm

Similarly, numerous articles written by Dr Justin Ambago, the
secretary general of United South Sudan Party (USSP) in various
websites brilliantly articulate our wants in South Sudan.  Now that at
last president Kiir personally has agreed to democratize, not only to
south Sudanese but to the entire world, he must be held to deliver.

Penning off, from now on, president Kiir can rest assured that he will
be consistently and persistently reminded of his pledge at home and
abroad until he delivers.

The era of rule by appointed poodles and lapdogs must end now.

President Kiir has to demonstrate his credibility and avoid tarnishing
the name of our new country at all cost by inaction on his words.  The
president chose to slot himself between the rock and the hard place
and it is only him who can extricate himself out of it by honouring
his own words.

Good luck, Mr President.

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