Petition against the removal of local chiefs by the commissioner of Twic East County, Dau Akoi Jurkuch, on 25th July, 2012.
TO: H.E. Kuol Manyang Juuk, Governor, Jonglei State. CC: Hon. Madam Hilde Johnson, Special Representative of the UN Secretary General CC: Hon. Diing Akol Diing, Minister for Local Government, Jonglei State. C: Hon. Deng Dau Deng, Twic East County MP, SSNLA CC: Hon. Dau Akoi Jurkuch, Commissioner of Twic East County. CC: Dau Aleer Abit, Twic East Community chairman in Juba. CC: Twic East Community Intellectuals. CC: Ayual Community. JULY 31/2012, SSN: Governor of Jonglei State, Kuol Manyang Juuk and the entire state authorities, we acknowledge your leadership at different levels of government in Jonglei State. We, Ayual community in Diaspora and at home appreciate your tireless contributions to the welfare of our civilians in our state. The security in Jonglei State has improved under your leadership this year. The state government has done it best though there are still imminent insecurity issues in Twic East County, especially in Nyuak Payam. Ayual community and the Twic East people respect and value your successful work during the liberation of our struggle. Your Excellency, we the entire Ayual community in Diaspora and within South Sudan are writing to express our deepest sadness about the ongoing conflict between the Twic East County Commissioner; Hon. Dau Akoi Jurkuch, and the Ayual community local chiefs. The chiefs are headed by Bol Manyok Duot, Deng Ayiel Bul, Yak Mayen Atem, Deng Ajang Ajak and Yaak Akoi Jurkuch. The entire Ayual community is profoundly devastated and shocked by the latest attempt by the commissioner to forcefully remove the five civilian chiefs and try to unlawfully replace them. The commissioner even went further that Bol Manyok be forcefully sent to the army while he is a civilian. Under the Local Government Act, based on the constitution of the Republic of South Sudan, counties commissioners are appointed by the governor of the state through consultation with the counties authorities. In Twic East County, the previous two commissioners were appointed by the governor. They worked with traditional chiefs and their administrations achieved their goals because they collaboratively worked with the local chiefs. Therefore, the current commissioner of the Twic East County, Hon. Dau Akoi Jurkuch uses his authority beyond his mandate. The following is the quote from the commissioner: 2- In accordance with above mentioned subject, The Twic East County commissioner is glad to inform you that Bol Manyok Duot was working with the Local Government as head-chief in Nyuak Payam, however, his contract/term with us it finished and he has to go back and report to his mother unit. Your usual cooperation is highly appreciated and regards (16/07/2012). This statement was quoted from the letter sent to the SPLA Headquarters (Bilpam) in Juba. Based on that letter, the commissioner stated that the head Chief Bol Manyok Duot was working as a contractor in Nyuak Payam and his term of contract has expired. This statement indicates that this commissioner is totally out of his mind because all the Head Chiefs in Jonglei State do not work as contractors. All the Head Chiefs in Jonglei State are elected by their clans. However, judging from contradicting statement of the commissioner, we find no reasons to believe that the commissioner is following the right procedures of removing chiefs. If the people are dissatisfied with their works, then they are entitled to be changed by the community. However, this customary law applies all over South Sudan and the Twic East County must not be an exceptional. They above chiefs are very influential and well respected within Ayual community. The latest move against the chiefs by the commissioner has prompted angry reaction from the community and will likely have legal implications. Firstly, the commissioner has no legal authority to remove and appoint local chiefs because these are traditional chiefs elected by their own clan members according to Dinka culture and the constitution of the Republic of South Sudan. Secondly, the commissioner has no legal authority whatsoever to forcefully and send people to the army against their will. The latest move is likely to endanger the relative peace that has been observed in Wangulei. The commissioner misuses the army (SPLA) by sending them to the cattle camp (Pakow) to brutalise the innocent civilians. Some six young men were beaten up on the 18/07/2012 in the cattle camp. Some of them were left in critical conditions. The constitution of South Sudan, article (18) says, no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. This is unlawful and it’s a crime that deserves court action. The role of the army is to protect the civil population as well as the territorial integrity of the nation. The commissioner illegally withholds the salaries of the five chiefs namely; Bol Manyok Duot, Deng Ayiel Bul, Yak Mayen Atem, Yaak Akoi Jurkuch, Deng Ajang Ajak for a year. These five chiefs are great south Sudanese because like any other south Sudanese, they contributed their sons and daughters and their Bulls and grain to the SPLA during the war, some of them like Bol Manyok and Yak Mayen were SPLA soldiers while their families supported the SPLA at home. It’s high time they get their rewards. Denying them their entitlement is immoral because it leaves their families vulnerable to starvation and this commissioner bears the responsibility. In regard to the dismissal of the five chiefs, the commissioner has acted unconstitutionally by removing the chiefs and tried to replace them. The Jonglei’s local government act does not empower the commissioner to dismiss nor appoint traditional chiefs without sections they represent. Such move is an abuse of power. He ordered the arrest of Bol Manyok while Bol was in Bortown where he had to follow up the court processes. Bol Manyok was detained under the order of the Twic East Commissioner in Bortown and sent to Pariak. As a result, he was later instructed to go to Juba and report to the army headquarters. This is an infringement of the power and a contravention of individual liberty and freedom. Bol Manyok was arrested, held in custody in Panpandiar for two days without charges. The constitution of South Sudan, article (19), section 2, stipulates that an individual arrested be informed of the reasons of his/her arrest at the time of his/her arrest and that he/she shall be promptly informed of any charges against him/her. Article (12), every person has the right to liberty and security of person; no person shall be subjected to arrest, detention, deprivation or restriction of his or her liberty except for specified reasons and in accordance with procedures prescribed by law. Article (13), section 2, no person shall be required to perform forced or compulsory labour except as a penalty upon conviction by a competent court of law. None of these constitutional clauses was obeyed. Moreover, county commissioners have no legal authority to issue arrest warrants. This is the work of the courts and the police. County commissioners have no legal authority to force civilians to join the army. This dictatorial style is unlawful and it deserves court action. The commissioner forcefully opened Anglican Church in Aliet which the community opposed and wanted it remained closed until the case is resolved because the Anglican Church is a contributing factor in the conflict between Ayual and Dachuek. Ayual community is not denying anyone the right to be Anglican but we have the right to decide who to permit the use of our land. The constitution of South Sudan says that the land can be owned by government, community and private. The Ayual land is communally owned. Twic East commissioner falsely accused Ayual chiefs. The commissioner violates and commits crimes and whenever asked why he is acting outside his legal mandate, he replies that he is implementing the orders from the state governor; Kuol Manyang Juuk. For instance, when he ordered that the senior chief Bol Manyok be arrested in Bortown, the commissioner was inundated with questions by people why he relieved chiefs from their positions without consultation and he simply says that they are orders from the governor. We the people of Ayual community do not believe this because we know governor Kuol, we respect him, he is our great hero and there is no way he can act the way this commissioner is acting. Governor Kuol has other priorities in his mind such as security and peace in Jonglei, development and the likes. Dealing with local chiefs is not directly in his portfolio but rather local government related and therefore not on his priority list. Brief History between chief Bol Manyok Duot and Commissioner Dau Akoi Jurkuch. In 2007, clans called Dinkuya and Achath which were previously part of the major clan Panwiir decided not to be part of Panwiir anymore but to separate from it. They asked the local chiefs headed by Bol Manyok to settle the issue. The chiefs’ verdict was in favour of Dinkuya and Achath, they were separated from Panwiir. Dinkuya and Achath named themselves Pajeek but Anyang still maintains the relation with Panwiir. Dau Akoi was disappointed at this decision made by Bol Manyok and his team. He at one time uttered in anger that the clan of his father was dismantled while he was still in Australia. This was the beginning of conflict between Dau Akoi and Bol Manyok. Dau Akoi held this grudge against Bol Manyok for so long until this time when he can revenge. The commissioner lack professional skills and abilities to deal with complex issues that face Twic East County. The commissioner has proved to be incapable and too inexperience to carry out the duties of a commissioner effectively. Recommendations 1. The five chiefs to be reinstated back to their positions. The five chiefs are; 1. Bol Manyok Duot 2. Deng Ayiel Bul 3. Yak Mayen Atem 4. Deng Ajang Ajak 5. Yaak Akoi Jurkuch. Bol Manyok in particular must be allowed to go back to Wangulei so that he can resume his duties without any harassment or intimidation from anyone. 2. Stop violence against civilians immediately. Stop sending the army to brutalize innocent civilians. 3. The army stationed in Wangulei should be removed immediately 4. Two sections, Ayual and Dachuek to be exempt from the elections of local chiefs. No election/appointment of chiefs in Ayuaal area until the Ayuaal Vs Dacuek case is settled. The Ayuaal Vs Dacuek conflict started on their watch and therefore, they have to settle this conflict first including the atrocities incurred and the pending court case before their removal from their chieftaincies. If any of the chiefs from two communities is convicted or have a hand in what caused the Wangulei’s conflict, then he/they have to be relieved according to the law after due considerations of all the facts, but not now. 5. Anglican Church in Ayual land to cease operations until the pending case is resolved. 6. The five chiefs to be paid their salaries dating back from whence the commissioner stops paying them plus compensation for the suffering causes to their families during the 12 months when they did not get any pay. 7. Twic East County commissioner to resign his position. The commissioner must resign for divisive, corrupt and dictatorial style of leadership. The resignation of the commissioner is important to stop torture of the innocent civilians, women and children and avoid dragging the two communities back to the conflict. 8. The commissioner of Twic E. County must be sued and prosecuted in the court of law for the abuse of power. The constitution of South Sudan, article (20) stipulates that the right to litigation shall be guaranteed for all persons; no person shall be denied the right to resort to courts of law to redress grievances whether against government or any individual or organization. Citing this article, the commissioner is subject to court litigation. Conclusion. In conclusion, Your Excellency, the Governor of Jonglei State, we humbly ask for your full cooperation and impartial action to resolve the violation of human rights and put to an end the suffering of Nyuak people in the hands of their own soldiers and commissioner. We trust that your government would fairly and responsibly would consider our petition to address the ongoing conflict manipulated by the irresponsible commissioner of Twic East County Hon. Dau Akoi Jurkuch. The commissioner of the Twic East County has failed to serve, protect and defend the civilians in his county. However, we members of the Twic East County, especially from Ayual Community condemned the unwarranted, unjustified and premature attack of the local chiefs by the commissioner without consent and authorization from the Jonglei State Government. Fellow Twic East citizens, and indeed Jonglei state, we fought for democracy, liberty, justice and equality and the rule of law in the promise land of South Sudan. These ideals that we struggled for are now at stake, especially when you see the bureaucrats who never even look at the constitution and use it as the guiding principle in their day to day running of the public affairs infringe on the rights of others. We are sincerely asking the above addressed dignitaries to be positive to this petition because this petition is the voice of all the Ayual community members all over the world and inside South Sudan. The voice of the people must be listened to. Ayual Community doesn’t want any election of local chiefs, they want to keep all the 11 chiefs until the case between Ayual and Dachuek is resolved. They want the five chiefs headed by Bol Manyok Duot to be reinstated in their positions and allowed to resume their work without any harassment by anyone. We do not yet know the reasons for their dismal. In one letter addressed to the director for administration in Bilpam HQS signed on 16/07/2012 by Dau Akoi, the reason for their dismal was that the term for contract with the local government has expired. This is not true because the terms for the local chiefs do not expire; they can stay on as long as their people like them. In another letter addressed to Jonglei State, Governor Kuol Manyang, Minister for local government and minister for law enforcement dated 13/07/2012, the reason cited was that they were involved in the conflict between Dachuek and Ayual, this is not true because this claim is not supported by evidence to clearly prove that the local chiefs were involved in the conflict. In another letter addressed to Lt Gen. Ayuen Alier Jongroor dated 20/07/2012, it is said that Bol Manyok in particular has a problem with the governor of Jonglei state and has been expelled from the state by the governor and so another general by the name Bol Bol was asking general Ayuen to send Bol Manyok to the army training camp. We do not know what kind of problem Bol Manyok had with the governor. This is even a shame for the commissioner of a county to give three different reasons on the same issue. We would appreciate your cooperation and looking forward for your positive respond. The undersigned are Ayual Community members around the globe. 1. Brig. Gen. Marol Mangok Adoor 2. Brig. Gen. Kuer Chol Bul 3. Hon.Philip Dau Thiong 4. Moses Bul Deng 5. Col. Garang Gak Ayiik 6. Lt. Col. Bul Kuer Manyok 7. Maj. Atem Arok Atem 8. Ruben Manyok Aguer 9. Ayual Bul Ayual 10. Bul Garang Bul 11. Atem Dhieu Garang 12. David Dau Deng and hundreds of community members... COMMENTS, PLEASE CLICK HERE Disclaimer: The views expressed above are solely those of the author(s) and do not represent those of the website. -- You received this message because you are subscribed to the Google Groups "South Sudan Info - The Kob" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit https://groups.google.com/groups/opt_out.
