At the Mercy of the Sky, South Sudanese professionals

By Suzanne Jambo

May 22, 2013 - "I have nothing to hide and I walk away with my head
high. There was absolutely no board meeting to discuss my issue. The
reason given were unilateral spending (whatever that means)." Said Mr.
Evertt Minga in an email dated 22nd April 2013 widely shared among
South Sudanese Diaspora which made me boil, fume and upset; what’s the
meaning of nation-building after decades of liberation struggle if
such an extremely competent, professional, ’one of a kind....’ South
Sudanese professional is fired under such clouded circumstances!!!
YES, on 16th April this year one Evertt Minga was fired from his job
as President of SPECS Engineering. He was fired by the Managing
Director of Nilepet with apparently some approval from the South
Sudanese government Minister of Petroleum. However, not to exonerate
the minister, it is worth noting no official communication from the
said minister on the matter. At no point in time was Mr. Minga given a
warning verbally or in writing. There were no administrative
procedures taken to inform him about his performance whatsoever. He
was, in what appears to be, summarily dismissed without due process
like a gorilla soldier wrongly accused and immediately fired-squad.
Was the dismissal of Evertt Minga a normal procedure and did the
company directors follow the norm? THE ANSWER IS ABOLUTELY NOT!
Normally, dismissal based on e.g. poor job performance for CEOs comes
after a board of directors have done job performance review and they
determine that he/she did not meet the minimum standard requirement(s)
etc. The Board of directors would be then under an obligation to
approach the CEO based on the areas that needs improvement. After they
gave him/her few attempts to improve his/her performance and he/she
fails then that is when they are obligated to dismiss him/her
following a progressive discipline process. Terminating someone on the
spot in such a high management level is appropriate only when he/she
is involved in a serious behavioural issue that undoubtedly violate
company policies. Mr. Minga insists that he was summarily dismissed!

I am writing here so at least, we demand for an independent
professional investigation into the summary dismissal of Mr. Minga is
conducted and the good minister to explain why, how and when. As well,
consequently, this should act as both a deterrent and precedent that
stops any other similar dismissal taking place in the RSS in similar
fashion again!

This brings me to; what rights do we as RSS citizens’ employees enjoy
in the newly established Republic, regardless if we are manual workers
or professionals? Notably, the ’invasion’ of internationals in the new
nation; private sector, NGOs, UN and multi nationals pose a serious
challenge for the new government to ensure the safe guarding of
national employees and their protection from exploitation. With my
background, prior to the SPLM secretariat for external relations, I
worked extensively with South Sudanese indigenous NGOs; New Sudanese
Indigenous NGOs Network, NESI. The Network founded in 2000, drew a
membership of up to 77 indigenous NGOs from the initial founders of 6
NGOs only. We initiated NESI as an empowerment network of national
NGOs in the face of huge influxes of international NGOs and the United
Nations into South Sudan in the late 1980s. Admittedly and thankfully
so, the internationals may have both saved lives and drew
international humanitarian attention to South Sudan. However, then,
almost all we knew of was mainly UNICEF’s Operation Lifeline Sudan,
OLS. And if you were pro-indigenous, local empowerment and sustainable
development, you were at the ’mercy of the sky’. As national NGOs and
community based organizations, we had to join hands, network and share
information in addition to building our capacity to enable us provide
qualitative services in the then war-torn areas of South Sudan. That
was our prime way of survival; sustainable indigenous communities’
empowerment and the professionals of South Sudan. Needless to add,
there was hardly any existence of any private sector, so to speak.

Today, many dynamics have emerged since then. The RSS is an
independent country, has its own government, legislature, the
judiciary etc. So the question is, why is it, that even after our
independence, an highly professional as Mr. Minga has fallen a victim
of the ’rule of the jungle’; summary dismissal? Can he pursue a
channel where he could seek justice? And will our system defend or
protect Mr. Minga or any other South Sudanese of similar situation? My
fear is what we already seem to have; deeply rooted ill employment
practices, regulations & policies, weak economy and loopholes both in
the labour market and our national economy. The absence of clear and
easily understood labour laws, including how both the public and the
private sectors should recruit and fire employees is what is greatly
discouraging South Sudanese, especially from among the professionals
and the Diaspora to join hands, return home and help build the nation;
this is perhaps, silently and significantly contributing to the slow
death of professionals and manual workers’ zeal to actively
participate in nation-building.

So, are South Sudanese as well other African neighbouring countries’
professionals and manual labourers working today in either private or
public sectors, including in the government, the UN, international
NGOs in RSS some of the most exploited groups of labourers in the
world? Likewise, in the public sector; how much employment-friendly
regulations and mechanisms exist? Would one say this possibly seem
like modern day slavery thriving under extreme corruption, nepotism,
tribalism, racially-motivated greed from our own government
perpetuated by some senior officials, foreign groups and influential
business individuals alike? What are our so called liberation leaders
sitting behind public desks doing to address this? And the judicial
system, do we have any way how we can seek justice? Should one even
mention our parliament. I seem to be pessimistic in how our direction
of protecting our people’s rights, how I wish to be proven wrong and
very soon.

It is also worth noting that the range of
’racially-motivated-cum-economic exploitation’ employment conditions
in RSS is not only on ill dismissal practices but also, and more so
felt in the disparity of wages between the so-called “locals” and
“expats”. Hiring/recruitment should be done on the basis of one’s
academic, technical and professional ability as opposed to his/her
nationality, passport or skin colour for that matter.

Relevant too, similarly, consumers and the public alike are also left
at the mercy of the varied exploitative forces of the market, which
are if unguarded always manipulative, in terms of price tags,
especially when supply drops while demand skyrockets – a situation we
have always been in since 2005 and it got worse from February 2012
when the oil pipelines were switched off. As to quality of products
and services, well, "beggars aren’t choosers" so goes the saying; we
in the RSS and in the absence of goods, produce, markets etc policies
and regulations, we are forced to buy any commodity and at any price.
Many a time, prices change within the same day and severally, who
regulates such prices and who decides? Consumers’ rights & standards
of goods...?!?!

Another extremely burning question at this juncture, Is our government
failing us to regulate and control employment conditions, protection
of the work force including how its managing our economic development?
The high level of influx of "expatriates" include internationals and
regionals alike; ranging from as far as the USA, China or neighbouring
Ethiopia! Plenty of jobs ranging from washing dishes to accounting etc
which any South Sudanese could be trained (if a skilled ones not
available) and employed instead of an "expat". This level of degrading
ourselves is reaching horrid levels that high level of resentment is
simmering and soon someone is bound to take the law into own hands.
This, surely will backfire in the face of a new emerging nation as
RSS. Our government and judiciary have the inherent role to protect
and defend nationals’ right to access training, decent employment and
wages. I don’t want even want to begin on the national economic
empowerment of our indigenous private sector, my God, small-medium
enterprises, SMEs are under no mercy, sky or otherwise! Where would
they get capital, any capital?!? One can’t help but ask, when will we
start an ALL RSS pro-poor economic policies? When will our own begin
to flourish economically so we no longer have to be awarded
’tribalistic/nepotistic’ and international/regional crooks
non-delivery dubious ’ghost’ contracts? or business empowerment
endeavours?

Almost two years to our independence, why hasn’t the Ministry of
Labour & Public Services come up with the much-needed policies,
guidelines and framework for sound and just employment of South
Sudanese nationals and their protection? Similar questions are also
posed to the ministry of finance and economic development, when there
be any meaningful indigenous economic empowerment, access to loans for
small-medium scale, SMEs businesses? How about the protection of our
economic rights too? financial regulations to be levied on financial
institutions including foreign banks alike, particularly favouring
South Sudanese as normally enjoyed by citizens globally?

Suzanne Jambo is a South Sudanese lawyer, communities & human rights
activist and is the current SPLM Secretary for External Relations and
can be reached via email: [email protected]

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