The IGAD Plot To Put South Sudan Under International Trusteeship
Article 78 provides; “the trusteeship system shall not apply to territories
which have become members of the United Nations, relationship among which
shall be based on the respect for the principle of sovereign equality.”
20 July 2016

By Thiik Giir Thiik

On 11 July 2016 in Nairobi, Kenya, after holding their 56th Extra-Ordinary
Session, the IGAD Council of Ministers issued a Communiqué on the Situation
in South Sudan. The Session was chaired by Ethiopia/Troika and was attended
by Deputy Minister of Foreign Affairs and International Cooperation of the
Republic of South Sudan, Dr Cirino Hiteng who subsequently lost his job.

After the Council received briefing from H.E. Festus Mogae, Chairman of the
Joint Monitoring and Evaluation Commission (JMEC) followed by extensive
discussion on the security situation in Juba, the Council demanded, among
others, the “re-opening of the Juba International Airport to be protected
by UNMISS;” and “Urgent revision of the UNMISS mandate to establish an
intervention brigade and increase numbers of troops from the region to
inter alia secure Juba.”

Subsequently, the IGAD Assembly of Heads of State and Government on 16 July
2016 in Kigali, Rwanda consulted with their colleagues representing the
five regions of Africa referred to as the IGAD Plus and deliberated on the
prevailing situation in South Sudan and issued a Communiqué.

In the opening numbered paragraph of their Communiqué they indorsed and (1)
Took note of the communiqué of the 56th Extra-Ordinary Session of the IGAD
Council of Ministers issued in Nairobi on 11 July 2016, they also (8)
Supported the recommendations by the United Nations Secretary General to
re-enforce the UN Mission in South Sudan (UNMISS); and (9) Called upon the
UN Security Council to extend the mission of UNMISS with a revised mandate
to inter alia serve as a protection force to separate the warring parties,
protect major installations and the civilian population, as well as
pacification of Juba.

As can be seen, the IGAD are yet again at it with their scheme to have the
Republic of South Sudan put under international trusteeship, but what could
be more disrespectful to the People of South Sudan than the scheme to put
South Sudan under international trusteeship? In fact, people of the
Republic of South Sudan, regardless of their ethnicity, should stop for a
moment and seriously question the motives of anyone who argues for such an
intervention.

Now, let us take a moment and look at the general argument in Chapter XII,
Articles 75 and 76 of the Charter of the United Nations, which allows the
United Nations to establish international trusteeship systems for the
administration and supervision of trust territories. This however, is a
disjunctive reading of the Charter of the United Nations as it deliberately
ignores the subsequent provisions of Chapter XII, Articles 77 and 78 of the
same Charter of the United Nations, which are key to understanding the
conditions under which the international trusteeship system can be applied.

The question should therefore be; under what conditions can the Republic of
South Sudan be put under international trusteeship? The answer to that is
clearly - Under NO Condition. It is neither in the tradition of the United
Nations nor stipulated anywhere in the available legal instruments that a
sovereign state can be put under international trusteeship. For example,
Chapter XII, Article 77 (1) (a), (b) and (c) of the Charter of the United
Nations clearly explain the categories of territories that may be put under
the international trusteeship system. For clarity, the Republic of South
Sudan does not fit the definition of such territories as described in
Article 77 of the Charter of the United Nations, as it is neither of the
following:
a. A territory held under mandate;
b. A territory that may be detached from enemy states as a result of the
Second World War;
c. A territory voluntarily put under the system by state(s) responsible for
its administration.

Unless Ethiopia feel it fits the description in Chapter XII, Article 77 (1)
(C) maybe then Article 77 (2) would prevail in favour of Ethiopia, which
states “It will be a matter for subsequent agreement as to which
territories in the foregoing categories will be brought under the
trusteeship system and upon what terms.”

But, even without any further considerations, Article 77 should suffice as
a protection of the sovereignty of the Republic of South Sudan from any
attempts to administer it under the framework of the international
trusteeship system. However, in case a further justification is needed,
then Article 78 closes the debate with definite finality. Article 78
provides; “the trusteeship system shall not apply to territories which have
become members of the United Nations, relationship among which shall be
based on the respect for the principle of sovereign equality.”

Clearly, nothing needs to be added to this precise and clear provision,
maybe only a gentle reminder that the Republic of South Sudan was
officially admitted as the 193rd member state of the United Nations on 14
July 2011 and thus is no longer a ‘territory’ but a sovereign member state
of the United Nations.

So, it should be noted here that the sole purpose of these instruments is
to safeguard and guarantee the right of each individual sovereign state to
exercise its political choice in an environment free from any overbearing
or high-handed stances of other states or organizations.

It is therefore both a tradition and role of the United Nations to protect
the fundamental right of states to self-determination and popular
sovereignty as particularly provided for in the Charter of the United
Nations in the following articles: Article 1(2) “equal rights and
self-determination of peoples”; Article 2(1) “principle of sovereign
equality of member states”; Article 2(4) “refrain from threat or use of
force against territorial integrity or political independence of any
state”; Article 2(7) “non-interference in matters that are essentially
within the domestic jurisdiction of any state”.

Furthermore, the commitment of the United Nations to live up to these
ideals was demonstrated on 14 December 1960 when the General Assembly
denounced colonialism and made the Declaration of Independence to Colonial
Countries and Peoples. By this action, the United Nations affirmed its
respect for sovereignty of states and peoples and committed itself to the
protection of such rights. The Republic of South Sudan deserves nothing
less.

It is therefore unthinkable for a nation that has shed blood to liberate
itself from the yolk of colonialism now to be asked to hand over their hard
fought sovereignty simply because it has resources to be plundered.
Troika/Ethiopia need to think again.
Posted in: Opinions
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