By Dr. James Okuk

“No civil servant shall be favoured or victimized because of his or her political opinion.” {RSS Interim Constitution, 2011 article 139(l)}.

I - INTRODUCTION:

November 6, 2011 (SSNA) -- In the first place I would like to thank all those who have expressed their solidarity with me when I was arrested, detained and imprisoned in Juba for almost two weeks without due legal process as enshrined in the Interim Constitution of the Republic of South Sudan (2011). I also appreciate the views of those who wished me bad situation of carrying my own cross and rotting in the oppressors’ detention cells and prisons for ever.

It was a very difficult moment not worth forgettable, but thank God and my courageous soul that I didn’t break down in those inhumane places that I was locked in. Of course those terrible places are known as “Factories for Manufacturing Manhood” (Masna Elrujal in Arabic) as I read it on one of the colonial detention cell walls still being used by the so-called liberators ruling in South Sudan now. What a continuation of the bad and unfortunate past! God save us from the evil of ourselves and adoption of colonial inhumane practices in the new Republic of South Sudan!

Reading from the comments and articles written in reaction to my case, I couldn’t imagine that I have many supporters and lovers in South Sudan and abroad. I deeply thank all of them from the bottom of my good heart. Thank God that I am alive and kicking normally now as before, though I am still a prisoner inside Juba till further notice. Perhaps, it is high time for me to request naturalization to Bari community man with permanent resident in Juba. Right now I am feeling as if I have risen from among the dead with a new discovery of what I couldn’t have known among the living rational animals in this human world.

With this epigrammatic preamble I have now the pleasure to tell in brief what has happened to me regarding how I was arrested, who did it and why it was done to me arbitrarily with a motive of humiliation and criminal-like mistreatment in Juba.

II - WHAT HAS HAPPENED REALLY?

In the afternoon of October 21, 2011 (Five Hours after my arrival in Juba), some men who verbally called themselves CIDs and Security agents came to the premise of the Ministry of Foreign Affairs and International Cooperation of the Republic of South Sudan in a hunt for diplomat called James Okuk. They first got hold of a wrong young man who happened to be tall like me and from the same ethnic community as myself.

When I came to ask about what is happening as I was hearing my name being pronounced as the most wanted one, they immediately rushed at me and one of them snatched my diplomatic passport from my chemise pocket. They ordered me and the diplomat with the mistaken identity to get into a private car parked at the door of the Ministry.

I refused to get into the dark car till they show me their IDs and Warrant of Arrest with official information to the ministry before I could get kidnapped. Immediately pistols were out and cocked with a strict order that I get inside the dark care or else face the consequence of a pulled trigger. Many friends around me advised me to comply with the militant orders to avoid any evil news coming out from the unfortunate situation.

As the dark car and the accompanying ones drove me and my colleague away, I could see diplomats and Ambassadors (who were present at the scene) scared from the situation. They could not tell what will be our fate as the circumstance of our arrest remained mysterious and to un-unknown place where I was kept incommunicado as my cellular phone and diplomatic passport was confiscated by the security agents.

Two days after my lock-up in a very dirty and unhealthy detention cell inside Juba, the Counsel-General of the Government of South Sudan in the Ministry of Justice and an investigator officer called me into an office to take my statement. They carried a file carrying a compilation of five articles associated to the style of my writings in internet websites. One of the articles carries a black and white photo alleged to be mine and with cartoon drawings about police scandal in Rejaf.

The alleged sources that published these articles were www.sudaneseonline.com, www.southsudannation.com, www.southsudan.net and www.sudantribune.com. The article titled “South Sudan Paradox: Joyful Independence, Sorry Leadership” seems to be the one leading in the complaint that I have been writing against President Salva Kiir. The investigators inquired whether the photo is mine and whether I wrote the alleged articles. They also asked whether I am a member of SPLM-DC and what connection I have with Dr. Lam Akol. I was also investigated whether I know that civil servants are supposed to keep their mouth shut when it comes to the country and its leaders. They also asked me whether I know that my articles are read everywhere in the world on the internet.

I requested that I be allowed to go through those articles but was denied to do so except looking at the titles only. Hence, I confirmed what I saw only to be looking like some articles I wrote in 2010 and before 9th July 2011. But I told them that I cannot guarantee the contents of those articles till I read them properly in a sane environment. I also asked them about the good articles I wrote in praise of President Salva Kiir and why some of them where not compiled for the lawsuit as well in order to make it a fair case.

After the close of the investigators’ questions, I asked them to tell me the charges that provoked my arrest. I also requested from them to tell me exactly who sued me? They declined to give me an answer except that it was not their duty to tell me about the charges and the person who opened the case against me. They only could tell that a Security Lt. Colonel in charge of the Protection Unit of the President of the Republic is the one who signed a letter carrying a heading of the Office of the President, and requesting that I be prosecuted for the compiled five articles allegedly associated with my style of writings.

I asked them whether I have the right to be bailed out but they told me that the case is above them and they have nothing to do in this regard until the judge takes my confession, and perhaps allows me to be released if deemed necessary.

After this I was thrown back to the inhumane detention cell for another three days before I could be taken to a judge for the legal confession. During these days neither food nor water was provided by those who arrested me. I slept on a bare dirty ground without a cover. Rain beat me inside the cell at one of nights so badly. Going to outside toilet (though it was very dirty) at night was not allowed. The prisoner has to release himself inside the cell.

Later after three days, two armed policemen in green uniform together with the investigator came to take me to a court in Juba centre. I told the judge what happened in Arabic language as he could not speak and write in good English. He wrote down my statement and asked me to stamp the lined paper with my blue-inked thumb. He also declined to tell me the charges and the name of the person who sued me. After this the policemen brought me back to the inhumane detention cell near Juba Town Market.

Two hours later, the detention cells’ police guard opened the lock and told me to follow him without any question. Outside the inhumane detention cells, I found the investigator and two armed policemen who accompanied me to the court ready to transfer me to the Juba Central Prison. They handed me to the Prison Police Officers who oriented me on the situation there and how I am going to be put together in one compound with those who were convicted of many crimes (including juveniles and murderers), those waiting trials, and those imprisoned for madness and stripping themselves naked. I was strictly warned not to talk politics to anybody inside the prison.

Then, the prison warders’ police told me to take out my socks and shoe ties before they took me inside. I complied and got in to become prisoner for eight days where we are locked up in the wards at five o’clock in the evening and then locked out after six o’clock in the morning daily. The government provide food here but no clean drinking water.

But it was a terrible experience to eat what you are not used to, drink water and tea whose source you never know, and be together with naked madmen and those wearing chain for being convicted for murder and waiting capital punishment in guillotine for the end of their lives in this world in a very brutal manner as it used to be in the French Revolution. It was an interesting social life as a prisoner and with prisoners at the same time and in the same place in Juba. The law implementation agents have not treated me innocent till proven guilty. I was forced to be in prisoners’ uniform like any other criminal.

Eight days later I was called to the office of the manager officer of the prisons who told me that I am wanted by my investigator at police station. Two policemen were outside to escort me. The investigator told me that the Prosecutor-General of the Government of South Sudan has ordered that I be release but on a strong bail, that I should never travel outside Juba, and that failure of the person who would bail me out to bring me to the court on the day of trial would amount to a fine of 100,000 South Sudanese pound.

A number of individuals were ready to bail me out but most of them were rejected on a ground that they are members of SPLM-DC. At the end a director of one of the banks in South Sudan was accepted to bail me out after seven hours of negotiation with the investigator. Official Police Letters concerning my travel ban were sent to the airport and immigration office in Juba as instructed by the Prosecutor-General.

Finally I was released at 06:00 p.m on 2nd November 2011 and went home to rest as I was suffering from serious flue, perhaps coming from what I was inhaling when in prison. I am now living inside Juba but not different from a prisoner who is permitted to walk alone (dowar Brawo in Arabic) in the city and come back to the prisons anytime when needed to appear.

III - ANALYSIS OF WHAT HAPPENED:

Though any citizen or government has a right to sue a matured citizen for a criminal or civil charge, I think the due legal process has not been followed in my case, and perhaps, in many other cases. There is nothing in the civilized world called a case from the office of the president should be treated above the law itself. Where is the Equality of law for everyone in South Sudan even when he is not the President? When did the Security men who are supposed to be responsible for physical safety of the President became legal counsels to ask for legal suit for someone perceived to have gone critical on the president? Is there no legal advisor of the President to take care of such specialized matters if they are really genuine?

There is nothing in the interim constitution of the new republic that prevent a civil servant of expression his opinion as a citizen as long as he does not use his position in the government to support the opinion. In my articles on internet and some that have been published by newspapers, I have never alluded by any chance that I write as a diplomatic representative of the government. Where does the question of a civil servant criticizing his president and the government arises here? Even article 139(l) of the Interim Constitution of South Sudan allows civil servants to express their opinions without being discriminated nor victimized for doing so. I quote: “no civil servant shall be favored or victimized because of his or her political opinion.”

Not only this, but also if it becomes a cross-cutting rule that civil servants in South Sudan are not supposed to be associated with political parties or politicians, will not most of the government employees be dismissed in their current positions as a big number of them are registered members of SPLM party? Will multi-party democracy makes sense and where will South Sudan get enough voters and political mobilizers from?

Let those who want me to resign or have the ill motive to dismiss me from the Ministry of Foreign Affairs and International Cooperation look for a credible reason for their action. After all they should rest assured that a highly qualified young man like me has many avenues of employment inside South Sudan and even abroad if pushed to a forced exile.

If some of my writings are seen to be against the former president of the government of Southern Sudan, H.E. Gen. Salva Kiir, I expected to have been approached for an apology as it is commonly known in the media world. This could have been done long time ago in 2010 or early 2011 when the articles I wrote were still fresh to make contextual and milieu sense. Since South Sudan became an Independent state I have never written any article on the president or against South Sudan as it is being propagated by those running after my sincere soul these days in Juba. I know my borders and write on what I critically know.

If those articles went personal against Mr. Salva Kiir as a citizen, why was it not clearly indicated even by the judge who took my legal confession that it was Mr. Kiir who sued me for damaging his image? If it is a police case why should the security agents keep my cellular phone and diplomatic passport up to now since the day of my release on bail?

IV - CONCLUSION:

I doubt whether President Salva Kiir can lower himself down to sue a young Southerner who is a PhD holder like me and from a different generation. President Kiir is the generation of my father and nothing would have made me to write against his leadership style if he were not the top boss of the government of Southern Sudan by then.

Also my critique to his leadership was not meant for harm but improvement as all human beings are born to make mistakes and learn from them. I am one of the people who want to see President Kiir a very successful leader to be recorded in South Sudan history apart from independence achievement resulting from the overwhelming votes of Southerners in 2011 referendum.

I am sure our dear President Kiir has benefited from my free-of-charge articles because I also wrote positive articles about his leadership. I am sorry if some of those articles have hurt him as a person but until I hear this from him directly. What has been said and done could have been put into his mouth without his knowledge and by those who may think that doing so will please the President to keep them in the job or reward them with promotions. Some of those flatterers could be from my very own Collo (Shilluk ethnic community) acting behind the scene by using foxily someone working in a very sensitive security area in the President’s Office.

Time will tell and the whole truth will come out sooner or later. If I wronged the President I will be ready to rot in prisons and let my children become street children as no one would take good care of them as I would have done. I will also be ready to apologize and demand amnesty and mercy from the President’s kindness with a promise that I will stop being a writer.

All in all, what has happened and what is still being awaited to happen is part of the challenges of the building of the new nation. I will consider it a sacrifice worth paying for. Genuine calls for public reforms are said to be generated by abuse and mess-ups of government powers. Perhaps my case would become part and parcel of the causes that will provoke reform of the law implementation agencies in the Republic of South Sudan. I am not going to take it as a personal issue nor will I develop hatred against anyone involved negatively in this case even if he is a judge.

I love my country, South Sudan. I will remain and work for its betterment whatsoever comes on my way. I will never get intimidated or discouraged even if mistreated and humiliated. It is a commitment if not a promise!

Dr. James Okuk is South Sudanese and a PhD holder from University of Nairobi. He is now residing in Juba and could be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

By Dr Lam Akol

December 1, 2011 (SSNA) -- A presentation by this author to the Conference on Higher Education in South Sudan held on 14-15 November 2011 in Juba [1], outlined the function of tertiary education and its requirements, concluded by raising certain policy issues that needed to be addressed in order to revamp higher education and recommended that it will serve the best interest of this country that at this stage our country consolidates the current three universities. The organizer of the conference did not like this recommendation and claimed that the author was the only one who held that view. How he arrived at that conclusion, when no vote was taken is known to him alone. That is not even an issue, what mattered was whether the recommendation was sound or not. Since then a number of academicians worth the mettle who supported this point of view made their opinions known on the internet.

In audience in that conference was a highly educated group and therefore certain issues were taken for granted not requiring explanation. The discussion that followed showed that this assumption was somewhat misplaced. Furthermore, the debate has now gone to the newspapers; a situation demanding putting ideas in a manner that will be easily understood by all. The purpose of this paper therefore is to elucidate further the reasons behind the recommendation in the said paper.

The Function and Running Tertiary Education

In a nutshell, the function of higher education is to provide merit-based knowledge and advanced skills critical to the country’s socio-economic development. This is attained through efficient education and research. Improved and accessible tertiary education and effective national innovations systems can help a developing country progress toward sustainable achievements in the Millennium Development Goals, particularly those goals related to all levels of education, health, and gender equity.

A new country like South Sudan must start on the correct footing by striving to promote more efficient tertiary education institutions that innovate and respond positively to meaningful performance-based allocation of resources and accountability systems.

To fulfil its function, higher education (in the case of South Sudan today, read universities) the inputs must be of good quality so as to be able to produce the desired output. In this case, you must have students well-grounded in general education, qualified teaching staff and a good environment (adequate facilities, etc.) for the educational process. These are the three elements of higher education that must be taken care of in the planning and execution of policies on higher education. Thus, must be the focus of any debate on the matter.

A lot has been said on whether our universities should go for elite or mass education. If by mass education is meant a situation where the standard of the graduate is compromised in favour of numbers, then we are not talking the same language. University education is by its very nature special and of quality; call it elitist or otherwise that is what it is. Hence, it is not haphazard that universities set minimum admission requirements for students, minimum qualifications for the teaching staff and standard facilities for the educational environment. These are meant to meet the objective of higher education; a qualified graduate and high quality research.

In the same vein, all positions of University administration naturally have set qualifications. A head of department must have spent a known minimum number of years in the department concerned, so is the case for a Dean of faculty or the Vice Chancellor. In particular, a Vice Chancellor must be a Professor who has published a set number of papers in reputed journals and had held a number of administrative positions in the university (Dean, Head of Department, etc.). Without that you do not qualify to compete for the position; election or no election. The question of being young or old does not arise here.  Those who raise eye-brows should be reminded that this is the same practice in public offices. Before any election is conducted, candidates must satisfy set requirements without which they do not qualify and are not allowed to compete. For instance, to be an eligible candidate for the position of the President of the Republic or Governor of a State one must be 40 years or older. This is a condition set by our Constitution. A young man/woman of 40 or an old person of 75 years may compete for such a position, whereas a 39-year old fellow is barred out. This will not be categorized as discrimination or blocking the young out. Why should we be lax when it concerns such a sensitive place such as a university? The point being made here is that any public office, not least of all university positions, must have minimum requirements. These could be related to academic qualifications, experience, age, etc. The University Charter and its regulations must specify the minimum requirements to hold any office in the university. Again, the overarching purpose is to produce good graduates and quality research.

The Status of South Sudan Universities:

USAID carried out a comprehensive survey on the state of our universities as part of a research on capacity building in South Sudan [2]. It revealed that only three universities were able to satisfy a reasonable number of the set criteria. These are the universities of Juba, Upper Nile and Bahr El Ghazal. Even these are beset by many problems. Dr Charles Bakhiet who is a founding staff member of the University of Juba and was the Academic Secretary of the University from 1985 to 1990 affirmed:

“However, it is public knowledge that the current three southern universities are under-staffed, under-funded and lack adequate infrastructure. Moreover, we do not have enough well-equipped secondary schools in the south to feed the current three universities. In the immediate post conflict era, the priority of GOSS in this education sector must therefore be, first and foremost, to consolidate the present universities by building their infrastructure, investing in their staff development programs, and improving their teaching and research capabilities. Moreover, once the intakes from northern schools are gradually phased out in these universities, there will be more places created for southern secondary school leavers who qualify for higher education.”[3].

He proceeded to enumerate what the Government of South Sudan needs to immediately embark on as:

1. initiation of constructions and rehabilitation of their infrastructure;

2. the provision of needed equipment;

3. an aggressive staff development programme, recruitment of competent academic staff,

4. a thorough review of the study programs;

5. reviewing the conditions of service for the academic staff  to be made more attractive with ample opportunities for research, so that these institutions serve as a hub not solely for dissemination of knowledge but also for knowledge production.

All these will surely be at a considerable cost which the paltry budget of the Ministry of Higher Education can never meet in a year or two.

Are more public universities necessary?

On the issue of whether to open or not to open more public universities, Dr Bakhiet stated:

“To be more specific, the GOSS will require substantial financial resources to provide the badly needed infrastructure for the three universities that would transform them into modern universities, with access to new technologies. For instance, the Bilinyang campus for University of Juba, is a huge project which will require millions of dollars to construct. To the best of my knowledge, neither Bahr el Ghazel University nor Upper Nile University has a decent campus, and each will need a properly and purposefully designed campus. While all these programs are crying for attention and resources, and the capacities of the present universities have still to be fully utilized, for the GOSS to consider establishing yet another public university in the immediate future will constitute a clear case of poor judgment. Putting the economy of scale to their advantage, each of the three universities can easily expand to accommodate between twenty to twenty-five thousand students, with an average annual intake of four to five thousand students.” [4].

Other places in higher education can be made available through the government arranging scholarships for our students to study abroad making use of the current environment of international good will towards the Republic of South Sudan. We had a similar experience following the signing of the Addis Ababa Agreement where, since 1974, the Egyptian tertiary education was admitting around 300 Southerners every year, thanks to the Egyptian government. This figure was close to ten times the rate of admission of Southerners into the Sudanese higher education by then. Many of our professionals and politicians today are the beneficiaries of that arrangement.

Private tertiary education is also another area where some qualified South Sudan students could be admitted. However, these institutions need to be streamlined to suit our requirements and meet strict accreditation conditions that must be put in place to ensure that they keep high standards in terms of resources, qualified staff and adequate facilities.

This conclusion does not rule out the fact that in future the number of universities may increase gradually based on a real need, feasibility studies and availability of funds. There can be no place for brief-case universities; we must avoid the experience of Sudan in that respect. The argument that not having a university in each State in South Sudan is “social injustice” is mere demagoguery meant to score political mileage. Most of us did not study in universities near our homes. Social justice is associated with catering for the basic needs of the people. A travesty of a university in one’s homestead that produces semi-illiterate graduates is the greatest disservice to that community.  Communities will clamour for having all kinds of things including universities. It is our role as intellectuals to tell them what is possible now, tomorrow or not possible at all. It makes more sense for these communities to strengthen their schools so as to be able to compete better for university entrance. After all, universities, wherever they are, admit students from all over the country.  Still, if need be to cater for the lack of qualified personnel in some States of the country, a special admission system similar to the arrangement made with the University of Khartoum in 1969 by the then Minister of Southern Affairs, the late Joseph Garang, or that of the least developed States in Sudan from the 1990s may be considered. In all these cases, the prospective student must satisfy the minimum admission requirements. This is the bottom line. Universities used to grow naturally from colleges to university colleges and finally to fully fledged university.

Review of Higher Education

The independence of South Sudan is a golden opportunity for the government to review higher education in the country with a view for meaningful reform of the system. There are good ideas in this respect [5,6]. The review must carry out a SWOT analysis of the current situation of higher education so as to be able to prescribe and execute the required solutions. It must also include looking into establishing a technical and technological stream separate and parallel from the academic system of education right from the primary level to the tertiary level. The system must be so designed that a graduate at each level will be useful in the job market as craftsmen and technicians. In order to achieve meaningful development there are internationally accepted minimum ratios of craftsmen/technicians and technicians/professionals that must be maintained in a given country at a given level of development or rather underdevelopment. This is not the case now in our country, and was the purpose of introducing technical education in the late 1950s and for proposing the new stream now.

The technical education in Sudan was killed by two policy mistakes that led the community to discourage their children from this type of education. First, the students in the technical schools then were not afforded ample opportunities to study beyond the secondary level. The only available tertiary level was one Khartoum Senior Trade and one Khartoum Technical Institute (KTI), also known as Khartoum Polytechnic.  Second, the pay was less than what their counterparts in the academic stream were getting and the pay scale for the technical school graduates did go beyond group 7 at that time, whereas those from the academic stream could advance up to the end of the civil service scale (group 1). These grave mistakes must be avoided if we are to change the negative attitude of the community towards technical education. Hence, the pay scale of these graduates must be as good as, if not better than, their academic stream counterparts. Given today’s level of development, technical education in the old sense is no longer sufficient. Therefore, technical and technological education must go hand in hand. If this stream begins to be seen as promising and lucrative, it will attract bright students and hence will be competitive.

To be specific, the review of the higher education should consider the following areas among others:

Conclusion

The role of higher education in socio-economic development cannot be overemphasised. However, given the many competing demands over limited resources, the Government of the Republic of South Sudan is well advised to carry out a review of higher education, including introducing research centres. The review is to achieve the desired reform in the educational system avoiding the mistakes of the past including opening universities that have not undergone thorough feasibility studies. Realities on the ground today clearly point out that the way forward is consolidation of the resources available for the reconstruction and staffing the current three universities to an acceptable level. Then in the future as more resources become available and real demand arises, gradual and studied increase in public universities may be considered. Private education that satisfies rigorous conditions for accreditation can be allowed at this stage to absorb some of the qualified students without expense from national budget.

The Government has to make use of the current good will of the donor community to urge them to include support for higher education in terms of funds, material, transfer of technology and scholarships in their aid assistance.

References:

The Author is the former Sudanese Foreign Affairs Minister and Chairman of the Sudan People’s Liberation Movement for Democratic Change (SPLM-DC).

By Dr. Lul P. Riek

December 3, 2011 (SSNA) -- On 1st December, 2011, the people of South Sudan will join millions of people around the world to observe World AIDS Day. Like no other illness, AIDS is the most single destructive epidemic in the recent human history because it has killed more than 25 million people and an estimated 34 million people are living with HIV. The available information indicates that 4,900 people die every single day from HIV/AIDS in which 90 percent of them are from sub-Saharan Africa and 7,100 people are infected with the AIDS virus globally every day. No other illness has faster infection rate than HIV/AIDS.

This year theme is “Getting to Zero” which means Zero new HIV infections, Zero Discrimination and Zero AIDS related deaths. The first step in getting to zero, however, is for all sexually active people in South Sudan to know their HIV status. The HIV test is voluntary, free and confidential, and is being offered in more than 106 VCT centers across ten states. It is a tough decision to make. But it is a decision that must be taken by all of us if we have to get to Zero new infection. A person may feel perfectly healthy for several years after becoming infected with HIV, and may be at risk for passing on the virus to others especially their loved ones. The only way to know for sure if an individual is infected with HIV is to be tested.

Despite the ongoing effort in the country to boost HIV/AIDS awareness and knowledge, many people still wonder why we should celebrate this day; instead we should be looming in despair, crying and mourning. The purpose of world AIDS day celebration is to educate the public on HIV/AIDS related issues by providing the communities with accurate up-to-date information, advocate for more services such as prevention, care, treatment and support for the people living with HIV/AIDS. This day is an excellent opportunity to remember and honor people who have died from HIV/AIDS. Besides, it is a day to draw an urgent attention to reduce stigma and discrimination that surround the epidemic and to show compassion, respect and dignity for those who are living with the disease. The Ministry of Health estimates that more than 300,000 (Three Hundred Thousand) people in the country are living with Human Immunodeficiency Virus (HIV) and 3.8 millions are at risk of contracting the virus every single day. In which one in ten of those people living with HIV is unaware of his or her status.

The second step to getting to zero is ensuring that all HIV-infected individuals receive timely linkage to medical care. Currently, South Sudan has 21 centers that are providing professional services to more than 15,000 HIV/AIDS patients. The third step is to show compassion, dignity, respect and equal right to those who are living with HIV/AIDS.

Getting to Zero to avoid new infections for newly independent South Sudan is just too much to ask in my opinion but possible if we are all committed. Because all kind of risk factors for the rapid and quick spread of HIV are here in big number, lack of awareness and knowledge (result from South Sudan Household Survey 2010) show that only 9 percent of South Sudanese women age 15-49 years are knowledgeable about three ways of preventing transmission of HIV.

The other problem facing South Sudan is a massive influx of female sex workers to South Sudan from the African countries hardest hit by HIV infection where some of them living openly with virus in their own countries, multiple concurrent sexual partners practice, poverty, illiteracy, high levels of stigma, discrimination, and denial regarding HIV/AIDS. There remains institutionalized powerlessness among women and girls that obviate safer sex practices in most parts of South Sudan. Cultural insubordination of women is a factor in prohibiting women to practice safe sex because most men do not usually engage in protected sex with condoms. Additionally, cultural norms such as tribal marking practices, polygamy and widow inheritance are also ingredients for rapid spread of the disease.

In Juba, the capital of South Sudan, there is no recreations centers; alcohol and sex are the main pastimes. The concern is that extensive consumption of alcohol and practice of unsafe sex may lead to high-risk behavior and the spread of HIV/AIDS. A trend reversal requires that three daunting medical challenges be dealt with immediately; these are (a) expansion of programs for the control and prevention of new HIV infections by increasing awareness among people at highest risk; (b) implementation of guidelines and criteria for standard clinical management of HIV/AIDS, and (c) scale-up of biomedical research.

This World AIDS Day reminds us that HIV/AIDS epidemic may be even more devastating than the civil war which had claimed 2.5 million lives. Now is not the time to mang-mang. Now is not the time to point fingers and look left or right to find someone to blame. It is the time to act immediately, decisively and we must act together with share responsibility. Our message is loud, simple and clear. Prevention is our most powerful weapon against the epidemic. All South Sudanese people should take steps to ensure that they do not become infected, that they do not infect others and that they know their status.

For young people, both girls and boys, the future of this country belongs to them; they must take responsibility of their sexual behaviors and should not expose themselves to unnecessary risks. Always be reminded that our fathers and mothers when to war not because there was no enough sex nor alcohol in South Sudan. We went to war because there was no development going on in South Sudan, because our children were not going to schools, because of lack of medical services, lack of clean and safe water, absent of road networks, injustice and discrimination by our own former government in Khartoum, lack of infrastructures and many more. Let’s make no mistake about it; our failure to prevent the spread of the epidemic could turn SPLM vision of creating a prosperous, peaceful, secular South Sudan into mission impossible.

It appears that many people are still reluctant to be tested because of the fear of discrimination and stigma associated with HIV. Obviously, many people would die from AIDS; it would exacerbate existing poverty, which in turn leaves individuals vulnerable to the adverse affects of the disease.

As such government alone cannot stop the spread of HIV infection or even doctors or nurses, let us all heed the call, everyone should take the lead in the fight against HIV/AIDS. Each individual needs to take a moment to think about the issue of AIDS crisis seriously, we need to talk openly about it and share the concern with our families, friends, collogues, and with our communities. Together we can protect our country from HIV/AIDS.

NB: The author is a Director General for Community and Public Health in the Ministry of Health. He can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

By John Bith Aliap, Adelaide, South Australia

December 3, 2011 (SSNA) -- The South Sudan Army known as the Sudanese Peoples Liberation Army (SPLA) won the trust and confidence amongst the South Sudanese citizens when it altruistically defended the South Sudan territories under Arab occupation throughout the past decades. The SPLA fought with the North for many years, which resulted in the Comprehensive Peace Agreement (CPA) and subsequently led to South Sudan’s independence. Although the SPLA previously won the trust and confidence amongst the South-Sudanese people, this highly held trust and confidence appears to be dissolving. Its recent efforts, especially in the states of Jonglei, Unity, Upper Nile and Western Equatoria has called into question whether the SPLA is capable of fulfilling its constitutional responsibility to protect the citizens of South Sudan and the national sovereignty of its new nation. Despite its constitutional mandate to provide adequate security to civilians throughout the entire nation of South Sudan, the SPLA recent effort has been called to question by South Sudanese citizens.

This analysis provides an overview of the SPLA’s past and current performances in the states of Unity, Jonglei, Western Equatoria and Upper Nile. Furthermore, it highlights how the SPLA has inadequately protected the civilians in those states based on the evidence found in multiple sources. Subsequently, the analysis provides some immediate recommendations that could improve the ability of the SPLA to provide adequate security across the geographical areas of South Sudan.

The concept of civilian protection is frequently highlighted in international political discourse and debates due to the high toll amongst the civilian population where armed conflict is present. Through International Humanitarian Law (IHL) the international obligation exists for all states and governments to protect their civilians from genocide, war crimes, ethnic cleansing and crimes against humanity. However, some states do not honour this international obligation in ensuring the adequate security of its civilian population. The example of these countries is the state of South Sudan which recently gained its independence in the 9^th of July 2011. More recently, the United Nations became increasingly concerned about civilian safety and created a resolution that obligates all states to be morally responsible in the protection of their citizens from any form of abuse, harm and crime.

According to the UN Security Council chapter 138, in which the Republic of South Sudan is a signatory, each individual state has the responsibility to protect its population from genocide, war crimes, ethnic cleansing, and crimes against humanity. This article clearly affirms that the state holds the responsibility in the prevention of such crimes including through deterrent by appropriate and necessary means.

Through the United Nations mechanism of civilian protection, the Republic of South Sudan should not be considered an exception. Furthermore, the Transitional Constitution of the Republic of South Sudan article 151 (4) also authorises the country’s army to protect its civilians. This article clearly specifies that the SPLA should defend the sovereignty of South Sudan, protect the people of South Sudan, secure the territorial integrity of South Sudan and defend South Sudan against external aggression. The translation of these international and national obligations of civilian security into practice has proven to be one of great complexity in South Sudan. The question remains whether the SPLA has the ability to observe its national and international obligation in the provision of adequate security to the citizens of South Sudan.

As has often been the experience of conflict between Sudan’s North-South, Khartoum’s military aggression has more recently become noticeable through the eyes of the international community, regional blocs and the South Sudanese population. Since the signing of the CPA, Khartoum has continuously aggressed and provoked South Sudan as though the republic of South Sudan has no army to defend its people and territories.

Despite Khartoum’s ongoing calculated military aggressions and provocations, the president of the republic of South Sudan Lt. Gen. Salva Kiir Mayardit consistently maintains that South Sudan ‘shall not go back to war’ with the North. This assertion from Kiir provides the Khartoum regime a free ride to bomb and assault the territories of South Sudan. Another implication of Kiir’s reluctance to address the possibility future warfare is that it can psychologically dishearten the South Sudanese citizens whom are known for their bravery while standing their ground for the last 21 years throughout the dark days of the North-South civil war.

Khartoum has a history of backing proxies such as the Lord Resistance Army (LRA) and other self centred rebel groups in South Sudan to serve as counter-insurgencies in order to weaken the social and political strength of the South Sudanese people. Despite this, the SPLA which retains a constitutional obligation to protect its civilians has done little in the face of these challenges to adequately protect civilians from rebels and the ongoing Khartoum regime’s military hostility.

It is widely known by the South Sudanese that Khartoum has supported a sizable number of regional and national militias groups that are opposed to the republic of South Sudan’s government. A notable example of this militia group is the LRA which has been fighting the Ugandan government for decades. Hoigilt et al. 2010 asserts that the ‘Khartoum regime has been providing continuous support to LRA in the form of military logistics, finance and safe haven bases in Dar Fur region’. The LRA activities in western Equatoria have also caused the massive and untold deaths and displacement of civilians. Although the responsibility to protect civilians in South Sudan rests on the SPLA, the SPLA response to LRA attacks in Western Equatoria have always been inadequate and ill planned.

According to the Enough Project (www.enoughproject.org) field research in Western Equatoria, many locals doubt the SPLA’s ability to counter-attack LRA attacks. A witness to the LRA attacks on the 5^th September 2009 in the village of Bomu in Western Equatoria conveyed to the Enough Project field research workers that the SPLA in Western Equatoria can not protect civilians from the LRA attack. Another witness in the same interview expressed the same doubt and claims that the SPLA was unwilling and sometimes refused outright to pursue the LRA after the village was attacked.

A religious worker provided a similar view regarding the SPLA’s inability to protect the civilian population in Western Equatoria. This worker expressed that the SPLA often deploys too late to provide meaningful protection to civilians, and in some cases, failed to act even when they were nearby. Another person who came from the same village of Birisi, just a small distance away from Yambio in Western Equatoria further claimed that in three separate LRA attacks in July and August 2009, SPLA soldiers did not deploy to confront the LRA despite being based in close proximity. According to the same person, SPLA soldiers told the local villagers in Birisi that they did not have the authority to fight LRA rebels (www.enoughproject.org/ interview with religious worker October 9^th 2009).

It is apparent that the South Sudan Army has often been very sluggish when it comes to emergency response. For example, after several attacks on the villages of Ukcuo, Bureangure and Sakure, Boma and Baikpara in August and September, it was alleged that the SPLA soldiers did not respond despite the loss of 16 people, the injury of scores and numerous abductions. A displaced person who was present during these attacks testified to the Enough Project field workers that SPLA soldiers arrived at the scene at least eight hours after the attacks (www.enoughproject.org/ interview with Anzara residents, October 9^th 2009).

It becomes clear based on the numerous testimonies of South Sudanese residents that the SPLA has been ethically and morally unwilling to fight the LRA fighters despite the threat they pose to the civilian population in Western Equatoria. The Enough Project interview with a local pastor in Yambio also revealed the shocking weakness of the South Sudan Army’s inability to deal with and address external and internal threats.

A local pastor in Yambio revealed that when the SPLA was provided with the positions of the LRA, it often failed to seize the initiative in the protection of civilians. Additionally, people driven from the village of Karika told the Enough Project that after the LRA attacked their village in August 2009, they informed the SPLA base nearby and the SPLA did nothing to avert the ongoing LRA attack. These people further claimed that the SPLA commander in charge of those forces told the villagers to pursue the LRA fighters and inform him of their whereabouts. The village of Kirka was attacked for the second time by the LRA even though the exact location of the LRA fighters was purportedly disclosed to SPLA forces (www.enoughproject/interview with local pastor in Yambio, October 8^th 2009).

Following the national election in 2010, the people of South Sudan have witnessed the worse insurgencies from the North in its history since the signing of the Comprehensive Peace Agreement. Whilst it is the duty of the intelligence community in South Sudan to encounter internal and external insurgencies, the SPLA intelligence has undisputedly failed to closely monitored the rebellious tendencies of David Yauyau, Bapiny Monytuel, Gatluak Gai, Thomas Mabor Dhol, Olieny, Gordon Koang, Peter Gadet, George Author and Gabriel Tanginye before the greater loss of lives could arise amidst combatants and civilians alike. These renegade groups have caused and continue to cause untold human suffering throughout the territories of South Sudan, although the SPLA has neutralized few of these insurgencies.

One of the most notable SPLA failures can be identified in its lack of protection to the civilians in Fangak from sub-human and blood sucker George Athor’s rebel forces. In fact, there were some indicators of Athor’s disloyalty and his intent; however the SPLA failed to address the probability of imminent human loss. As reported at (www.globalpost.com/fangak), the rebel forces of George Athor Deng who dropped out of the governorship race in Jongulei, attacked unarmed innocent civilians in Fangak, resulting in 200 fatalities and over 100 casualties. It was reported that the majority of civilians lost during the eve of this attack drowned in the river. A witness who recalls fleeing the scene of fighting blamed the SPLA for failing to rescue them from the carnage of Athor’s rebels. This witness claimed that the SPLA forces arrived almost 6 hours after the attack and were unable to rescue the civilians.

Similarly, the SPLA failed to protect the civilians in Kaldak from Tanginye’s rebel forces despite the clarity of their location. These rebels used reintegration as a method of organising themselves to implement devil acts in Jongulei state, while the SPLA intelligence which is supposed to dig out intelligence information about the raising insurgencies failed to do so. The South Sudan Advocacy Group report highlighted that the attack which took place at Kaldak in Jongulei state resulted in the death of 254 civilians and unknown numbers of casualties and unaccounted for in this evil attack (www.southsudanadvocates.org/kaldak).

In most cases of insecurity, tribal feuds have often been a notable security threat in South Sudan and the SPLA has often overlooked this issue. For example, the recent catastrophe between Murle and Lou Nuer could have been avoided had the SPLA deployed some of its forces to create a buffer zone between the communities of these two tribes. In fact, the recent Lou Nuer-Murle tribal feud had been ignored by both the South Sudan Government and the army. The Murle offensive against Lou Nuer on the 19^th August 2011 resulted in 640 fatalities, 861 casualties, 208 children kidnapped, 38,000 head of cattle stolen and approximately 3431 houses burned down to ashes (www.cnn.com/news). This is a heart breaking tragedy that no true citizen of South Sudan would want to glimpse or be party to.

The SPLA was unsuccessful in restraining Peter Gadet’s insurgency when the SPLA administration in Juba itself granted him sick leave to Nairobi without clearly verifying the agenda of his travel to Nairobi given his track record of disruptive loyalty. The confrontation between Peter Gadet’s forces and the SPLA caused untold human suffering and property damage at extreme levels in Mayom County which was used as a battlefield. The insurgencies of Peter Gadet and George Athor in particular have posed a greater challenge both to the Juba government and the SPLA. Gadet’s assault on Mankien could be regarded as one of the greatest tragedies in South Sudan. A UN report on the incident of Mankien has detailed that 250 people were killed and more than 20,000 displaced as a direct result of Gadet’s assault on Mayom County, mainly during the April and May clashes (Internal Document Provided by a UN Source, Juba, August 2011).     

Abeyi which has historically been an undisputable region of Southern Sudan was promised a referendum under the 2005 peace deal between the North and South Sudans, however the Khartoum regime has continued to regard military force as the solution to its problems took a unilateral decision to invade Abeyi. On January 11^th 2011, the Sudan Armed Forces invaded Abeyi and took control over it territorially and administratively (www.sudantribune.com/abeyi). This invasion displaced 120,000 Dinka Ngok according to the (United Nations Report, 2011). Yet the South Sudan Army did not manage militarily to uphold its constitutional obligation to protect the civilians in Abeyi region as clearly specified in the South Sudan constitution.

Despite the restraint that the South Sudan government and its people have exercised in the past years and presently, the ongoing provocations and aggressions from the Khartoum regime continue to be observed in the areas of Western Bahr el Ghazal, Northern Bahr el Ghazal, Upper Nile and Unity states respectively. On December 8^th 2010, the Sudan Armed Forces dropped 18 bombs between Timsa and Raja counties in Western Bahr el Ghazal state. As a response to this direct attack, the spokesman of the South Sudan Army had not suggested any military response, and in another way appealed to the international community to stop Khartoum from bombing the Southern territories (www.sudantribune.com). The frequent appeal to the international community has not always yielded any substantial result to forestall the civilian casualties in the Republic of South.

The Sudan Armed Forces have also carried out the aerial bombardment in some areas of Northern Bahr el Ghazal and the SPLA Army has failed miserably to bring down any aircraft that carried out the attack. On the November 24^th 210, Sudan Armed Forces carried out a broad day light aerial bombardment in Kirr Adem in Northern Bahr el Ghazal state (www.gurtong.com). Following the attack in discussion with the media, the SPLA spokesman Kuol Diim Kuol appealed to the United Nations to investigate and prove that the incident had surely took place, and yet the Southern Sudan Army provided no military response or labelled any military threats against Khartoum’s systematic provocations and aggressions.

On the 18^th of November 2011, the Sudan Armed Forces bombed Yabus in Upper Nile state, and this bombing resulted in a significant number of civilian causalities. Following the incident, Simon Kun Puoch, Upper Nile state governor, avoided requesting military action against SAF, but called upon the United Nations Mission in South Sudan (UNIMISS) and the international community to take immediate action against Khartoum’s regime (www.sudatribune.com).

However, the Upper Nile’s governor failed to distinguish that the United Nations Mission in South Sudan is a ‘toothless tiger’, an international peace keeping force that can not take military action to save and protect the lives of civilians as is their mandate, but rather behaves as a mourner and an investigative team after tragedy. According to SPLA spokesman Philip Aguer Panyang, there was also a cross border attack launched at Kuek on the same day, at a SPLA army base in Upper Nile by the Sudan Armed Forces infantry units although they were lastly rolled back by SPLA forces. This incident left 18 fatalities and 73 casualties from both sides (www.thecitizens.com).

Recently, the Sudan Armed Forces bombed the Yida refugee camp which provides asylum for thousands of displaced Nubian refugees from the most recent conflict in South Kordufan between the SPLM-N and Sudan Armed Forces military confrontations. This attack resulted in a high number of civilians casualties, especially amongst women and children. The Sudan Armed Forces also carried out an air strike in Guffa locality also in Upper Nile state resulting in 12 fatalities and 20 casualties according to local officials in the area (www.bbc.co.uk/news).

The Khartoum government’s aggression against the Republic of South Sudan is an ongoing phenomenon, and if the government of South Sudan and its army fail to take concrete steps to address this issue, it will likely become a thorn in the foundation of South Sudan. Up to now, Khartoum’s warplanes continue to fly in the Republic of South Sudan air space. Philip Aguer Panyang, the SPLA spokesman confirmed (www.gurtong.com) on the 26^th November 2011 that border tension between the North-South is building up due to the Sudan Armed Forces (SAF) deployment at Abukedma, Karasana and Heglig.

Aguer has further claimed that Khartoum warplanes are continuously performing airspace surveillance over the border. This seemingly confirms that the possibility of military confrontation between the North and the South seems to be inevitable. This is also suggestive that the Sudan Armed Forces (SAF) will likely continue its customary violation of South Sudan territorial sovereignty as they have deployed their troops in close proximity to the South Sudan border.

Despite the most recent failures of the SPLA in its civilian protection, the SPLA remains deserving of credit for its past achievements during the North-South civil war. It must also be acknowledged that army failure is not limited to the SPLA. Throughout history there have been instances of military failure in protection of civilians, both regionally and internationally. The government of South Sudan is increasingly now required to organise the SPLA army to adequately discharge its constitutional responsibility. In doing so, the Government of the Republic of South Sudan can do the following to improve its army’s potential:

(1) Improve ground and air transport

Many parts of South Sudan are inaccessible and have vastly difficult terrains, especially during the rainy season, and this potentially hampers the aversion of risk in those areas. It is important that the government of the Republic of South Sudan considers investment in transport helicopters to improve SPLA’s provision of security to civilians and their property. As noted in this analysis, there have been many cases where the SPLA forces arrival was hours after an attack, and this may be partly attributed to poor and inadequate modes of transport.

(2) Increase soldier’s salaries

The government of the Republic of South Sudan needs to consider increasing the reimbursement of soldiers as a means of boosting their morale. The current salaries that soldiers receive are not equivalent to the role and responsibility they fulfil in fighting with militia groups and also with the enemies in the North. There have been some cases in the past and perhaps up to the present where salaries are delayed or sometimes omitted. This can serve as declining the morale amongst soldiers and soldiers may be unwilling to honour their duties and responsibilities.

(3) Sign security pacts with other countries

Given the challenges the country is facing, the South Sudan army (SPLA) cannot adequately manage the continuous conflicts on its own. Signing security pacts, especially with immediate neighbours provides the possibility of improving the SPLA’s defence capacity in the areas of training, discipline, logistics, command and control, management and administration. Many of the SPLA failures have resulted from these areas, and are often ignored by or remain unaddressed by the SPLA administration.

(4) Improve the capabilities of SPLA intelligence

Intelligence in some other advanced countries serves as the judgment of the nation, but in the Republic of South Sudan where ignorance has seemed to have become the norm, this concept is dissimilar. The recent rise of insurgencies within the South Sudan territories has put to the test the ability of SPLA’s intelligence to uncover what is taking place within the country and on its borders. The South Sudanese people are seemingly surprised by events that they never dreamt about taking place, and this is observed in the lack of answerability within the intelligence community. There needs to be accountability in South Sudan’s intelligence. This is a reality as there has in fact not been any intelligence officer or network held responsible for the string of intelligence failures that have taken place in South Sudan, especially since the national election of 2010 that was marked by a number of insurgencies. The government of South Sudan needs to revisit and check the structure of the intelligence given their past inability to detect insurgencies such as George Athor and Peter Gadet and the rest of insurgencies.

The SPLA intelligence needs to widen and create a relationship of trust with the local communities across South Sudan, and advance these communities to dissect and watch everything that may go wrong within their own respective communities. This may be a cooperative method the SPLA intelligence can access helpful information, and also develop clear knowledge about issues that are unfolding across the communities in South Sudan. Currently, the SPLA intelligence in its nature is merely reactive and not proactive, as it only react to the state of affairs like the recent insurgencies in Jongulei, Unity and Upper Nile.

In conclusion, given the unpleasant examples explored in this analysis, it can be reinstated that although failures are part of military operations, the SPLA which is constitutionally tasked to protect the national integrity and citizens of South Sudan must seriously reconsider its efforts to avoid future failures.

In this analysis, it has become clear that most of the SPLA’s failures have resulted from the lack of air and ground transport, its intelligence, lack of decent payment of its soldiers and a lack of regional and international support given the background of the SPLA being in its transformational epoch to the modern and conventional army. Given the importance of South Sudan’s national integrity, safety and the welfare of all South-Sudanese, it should be considered that future failures from the SPLA’s engagement are undesirable, and that the SPLA must make it imperative that adequate measures are in place to reduce the occurrence of future catastrophes in all territories of the Republic of South Sudan.

Due to the current state of affairs that exist in South Sudan, the government of South Sudan needs to walk an extra mile to reduce the multiple internal fronts created by insurgencies through popular, realistic, meaningful and symbolic reconciliation with insurgent groups who are currently battling the government with the agenda of overthrowing Juba’s government as they often depict.

In the case of Khartoum’s frequent provocations and aggressions, the government of South Sudan does not necessitate to response military to Khartoum’s aggression and provocation now before it unifies its internal front with insurgencies groups, as these groups would punch holds on South Sudan if spacious magnitude war is to occur between the South and the North. The president of the Republic of South Sudan Lt. Gen. Salva Kiir Mayardit needs to alter his usual rhetoric of ‘no return to war’ to ‘there is a possibility of wide scale war’ should Khartoum persist to contravene the sovereignty of South Sudan. In this way, Khartoum would act with caution fearing should it continue with further aggression and provocation, South Sudan can formulate appropriate military action.

This analysis has also found that tribal feuds are a major basis of uncertainties in South Sudan. As the government has already launched the disarmament process in some states, this disarmament process should not occur as a one off process, rather as an ongoing process until all the fire arms possessed by civilians are collected. This process of disarmament should also be accompanied by figurative reconciliation; in light of the fact that reconciliation is a paramount tool that a responsible government can use to bring its people together for the common good of nation.

The author of this work is a concerned South Sudanese citizen and can be corresponded at This e-mail address is being protected from spambots. You need JavaScript enabled to view it