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Wednesday, Apr 16th, 2014

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Resolution on the human rights situation in the Republic of South Sudan

265: Resolution on the human rights situation in the Republic of South Sudan / Resolutions / 15th Extra Ordinary Session / ACHPR 4/15/14 8:06 AM
http://www.achpr.org/sessions/15th-eo/resolutions/265/?prn=1 Page 1 of 1

The African Commission on Human and Peoples’ Rights (the Commission), at its 15th Extra-Ordinary Session held from 7 – 14 March 2014 in Banjul, The Gambia:

Gambia, April 15, 2014 (SSNA) -- Recalling its mandate to promote and protect human and peoples’ rights pursuant to the African Charter on Human and Peoples’ Rights (the African Charter);

Further recalling that one of the objectives of the African Union, as stipulated in Article 3(f) of its Constitutive Act, is to promote peace, security, and stability in the continent;

Taking cognisance of Article 23 of the African Charter which also provides for the right of all peoples’ to national and international peace and security;

Bearing in mind that South Sudan is a Member State of the African Union and signatory to the African Charter;

Commending the efforts made by the African Union to promote dialogue among the various parties towards achieving peace, security and political stability in the Republic of South Sudan;

Concerned about recent developments in South Sudan, which have massive implications on regional peace, security and stability;

Further concerned about the humanitarian consequences of the situation in South Sudan;

Alarmed with reports of serious and massive human rights violations, including the extra-judicial killing of civilians and captured soldiers, massive displacements and arbitrary detentions, mostly on ethnic grounds;

Bearing in mind the attacks against the civilian population, and the discovery of mass graves in some parts of the country;

Denouncing the acts of warring factions against innocent civilians, contrary to basic regional and international human rights standards;

Welcoming the decision of the African Union Peace and Security Council to establish a Commission of Inquiry to investigate human rights violations and other abuses committed during the armed conflict in South Sudan and make recommendations on the best ways and means to ensure accountability and reconciliation among all South Sudanese communities;

Stressing the need for South Sudan to cooperate with the African Union Commission of Inquiry to identify perpetrators of the atrocities and hold them accountable, in line with the African Union’s firm commitment to fight impunity;

Noting the significance of effective redress for victims of human rights violations, not only at the domestic level, but also the regional and international level to end impunity;

Concerned by South Sudan’s delay in ratifying and thereafter domesticating the African Charter as well as other fundamental human rights instruments, which provide avenues of redress for victims of human rights violations;

The Commission:

Strongly condemns the attacks on the civilian population perpetrated by the parties to the conflict;

Requests the Government of South Sudan to ensure the full protection of the civilian population;

Calls on all parties to immediately halt the violence, peacefully resolve their differences and follow through on peace agreements;

Calls on the Government of South Sudan to ensure that perpetrators of the human rights violations are held accountable for their actions;

Urges the Government of South Sudan to cooperate with the African Union Commission of Inquiry; and

Calls on the Government of South Sudan to immediately ratify and domesticate the African Charter and other fundamental human rights instruments.

Done in Banjul, The Gambia on 14 March 2014

SPLM/A Youth League-in Opposition Warns Uganda, Egypt, JEM, and SPLM-North

FOR IMMEDIATE RELEASE
7th April, 2014

Subject: WARNING to the Ugandan, Egyptians, JEM and SPLM North

Addis Ababa, April 9, 2014 (SSNA) -- We, the SPLM/A Youth league both in south Sudan and in the Diaspora, would like to give a stern warning to the aforementioned sisterly countries who have appeared to be fighting alongside and supplying weapons to Gen Salva Kiir ‘s atrocious regime against the south Sudanese people. They must with immediate effect halt from partaking such mischievous, irresponsible and inacceptable act; for It is an absolute contravention of our country‘s territorial integrity and that of the International laws, we would like to inform the world at large and the south Sudanese that involvement of Egypt in particular may regionalizes the conflict which can turn our nation into a leading war zone. You all know that, one of the major root causes to the conflict in 1983 was the digging of the Jonglei canal with an intension to flow more waters to Egypt and deny the suds region of its lives diversity and specially a plan to resettle two & a half million Egyptian farmers known as (Fellahin) along the canal. This would have displaced the whole population of the upper Nile region and deny them their traditional livelihood by then but today Salva want to do the same by bringing Egyptian closer to Ethiopia such that Great Upper Nile turn into the war zone between these two great nations.

Should they fails to heed to this important appeal, south Sudanese people will deal with them squarely in the same measure to that of Salva Kiir and company for two wrong never make one right.

We urge them to undertake a neutral and impartial position in this crisis as they did during our 50 years of struggle for what was then a fight for united, secular democratic Nation. Anything less than that will be deem as a hypocrisy and a deliberate scheme to sabotage the ongoing peace efforts; and also endanger the lives of their respective citizenry living in south Sudan. 

It is not in our interest whatsoever to return to war in which most of us were born and participated in because we know the ultimate repercussion that come with war. Nevertheless, notwithstanding the grave results that may come with war, we vowed never to be cowed by any attempt to return us to those dark and regrettable days.

Salva Kiir has fall short of people aspirations that he live his life by purporting to become an indigenous oppressor only two years after independent. He must be let know that never, ever shall we succumb his totalitarianism. He has so far loss legitimacy by ordering the killing of 20, 000 innocent members of the Nuer and members of other communities on the 16th 18th December 2013. The nation demand for his immediate and unconditional resignation so as for south Sudanese people to pave the path of peace.

Our Movement, the SPLM/SPLA led by Dr. Riek Machar is committed to finding an inclusive peaceful dialogue. We still have the confident in the ongoing dialogue auspices by Intergovernmental Authority for Development (IGAD).

As Eric Reeve puts it ‘‘ it is so evident that the price of international diplomatic failure and facil moral and diplomatic equivocation is now and will soon be paid in more innocent blood and suffering by many hundreds of thousands of civilians in south Sudan. Hundreds of thousands have already been brought to the brink of starvation because there is no will to confront Salva Kiir ‘s oppressive regime over its intransigent refusal to allow humanitarian access to all the areas under our movement control. Additionally, more than half a million are forced militarily from their homes since 2013……. Remain displaced and in poor conditions as a refugee in their own country.

We, the SPLM/A Youth league if worse come to worse, then we are more than ready to put down our appeal for finding peaceful solution, but rather mobilized our people both at home and in the diaspora to rush back home and join the rest of south Sudanese in the fight to oust Salva Kiir ‘s dictatorial, pupetic regime. It is better we all die for this cause which our martyrs had perish for than to see our country being taken by materialistic greedy individuals who can also bleed. Be ready if you are call upon to do so .we have done it in the past and we would do it again.

Finally, if the world is indeed serious in solving this standoff, then we recommend the following to be promptly expedited:

1. Withdrawal of all foreign mercenaries fighting alongside Salva Kiir. That is      Egypt, Uganda, JEM, SPLM North and any other force that is not mentioned.
2. All the above mentioned countries to refrain from supporting Salva Kiir but to be neutral
3. To immediately and unconditionally free the four SPLM/A Leaders who are still under Salva Kiir ‘s captivity.
4. To craft a sounding proposal that suggests the interim government and unconditional resignation of Salva Kiir
5. To facilitate the work of the investigation commission led by former Negirian President Olugasan UBasango so to assure the public that those who orchestrated the massacre in juba and elsewhere are brought to law for crime against humanity committed.
6. To allow equal humanitarian access to all the areas under SPLM/SPLA control.
7. We suggest the involvement of the international community in this dialogue so as to get a viable permanent solution in this crisis not to escalate the war further.
8. We stopping the deployment of the so call deterrence forces or oil interest forces.
9. Calling for the cancellation of SPLM conference of dividend policies and concentrate on the national agenda of prevailing peace to the people of South Sudan because the country is much important than a party.

Cde. Puot Kang Chol

The Leader of the SPLM/SPLA Youth League

In case of enquiries please feel free and contact us through:

1. Cde. Puot Kang Chol
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Facebook page: Cde. Puot Kang Chol
Twitter: @PuotKang
 
2. Cde. Jesus Deng Atem Wal 
Spokesperson of the SPLM/SPLA Youth League
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Fangak Youth Union: Vote of No Confidence against the Union Chairperson, Mr. Puok Bol Par

Fangak Youth Union (F Y U)
FYU Parliament
Head Office
Juba-South Sudan
 
Press Release
Date: 09/04/2014

Re:  Vote of No Confidence against the Union Chairperson, Mr. Puok Bol Par

April 9, 2014 (SSNA) -- Introduction: Dear all esteemed members of Fangak Youth Union, Fangak and Naath Community both in South Sudan and overseas, it is TRUE that; during this crisis where we have lost Thousands innocent children, women, Youths and elderly, no social and more contented activities should be conducted.  Rather, it is indeed a mourning time for the lives lost. But, FYU Parliament is forced to have emergency activities, following Mr. Puok Bol Par unbearable way of doing things, which FYU’s Parliament calls as breaching of the Union’s constitution.  So, we are very mindful of this trying time, we are all in! Moreover, you’re kindly asked to read this Declaration carefully if you don’t mind, paragraph by paragraph.

Reference to the FYU’s Parliament meeting dated 30 March, 2014. The Parliament has eventually declared vote of no confidence on Fangak Youth Union (FYU)’s Chairperson, Mr. Puok Bol Par. The reasons led to this impeachment by the Parliament are continuous violation of the Union’s Constitution by former Chairperson. The FYU’s Parliament has 21 members, where eleven (11) members present in March 30, 2014 meeting all (plus) voted in favor of the above subject.

The reasons led to this declaration (Vote of no Confidence) are:

1. (a) .Embezzlement of 12, 0000 SSP that is corruption case.

2. (b) A denial press statement written(in Juba Monitor Newspaper) by Mr. Puok Bol Par denying (condemnation press release sent by FYU on 25/02/2013 ),the death of Fangak and Nuer people that were killed after 15 Dec and during the crisis at hand as well as James Kok’s speeches.

3. (c) The former Chairperson became an enemy (threat) rather than a leader to the Union’s members.

However, the above three reasons are hereunder constitutionally and categorically explained:

Firstly: The Fangak Youth Union (FYU)’s Constitution Article 7, 7.5(a) says “The secretary for Finance (SF) shall: collect all subscriptions, receive all donations, pay bills due and keep proper accounts of the Union. Also, Article 11.5.1 says “It shall be the work of the Secretary for Finance  to received  or keepany donation But the Union’s former Chairperson in July last year, 2013, went and received an amount of 12, 0000 SSP (Twelve Thousand South Sudanese Pounds) from the donors (Well wishers) of the Union, instead of Financial Secretary. After he received this money (12, 0000 SSP) he then deposited it into his account and refused to hand it (the money) over to the concerned Secretary (SF). “Yes I truly received that amount of money (12,000 SSP) however I didn’t hand it over to Secretary of Finance”. This is what he (Puok) said,once summoned and asked by FYU Parliament members, whether he was in fact received the money or not.

Secondly: After Juba Incidence, the former Chairperson was asked by the Union’s members and offices bearers in FYU to condemn in writing an unanticipated killing of innocent Nuer and Fangak people as well as the televised denial of this fact (killings) made by Mr. James Kok Ruea on SSTV.  Mr. James Kok Ruea is a Fangak County’s Representative in the National Legislative Assembly (NLA). Puok Bol Par, the FYU’s former Chairperson abruptly turned down that constitutional suggestion and said “This is not true and political, hence there is no need to condemn either the killing which did not happen or Mr. James Kok Ruea’s utterances on SSTV, because Kok has a prerogative right to talk whatever he wishes and nobody could condemn his speeches” he concluded.

However, such a statement from Puok Bol did not convince all FYU offices bearers. So the general assembly view was consulted and the leadership of the Union lastly agreed to issue a press release which was published in South Sudan News Agency (SSNA) and other social media on 25/26/27 Feb, 2014 in that order.  On Sunday, the 2nd of March, 2014 the former Chairperson called a meeting which involved an overall leadership of the Union (FYU). That is, Executive and Parliamentary branches, as well defined in the Union Constitution Article 4(4.1). An agenda tabled by him (Puok Bol) in that meeting was” A demand to write another press release or say what had been written was neither written by Fangak Youth Union’s leadership nor it is the interest of the Union’s general assembly”. Without wasting much time, in that very meeting of second March, 2014 the said agenda or tabled was subjected to voting. As a result, all executive members (except Puok) and Parliament members who were present in the meeting opposed the idea of denying a condemnation press release which exactly represents the voice and interest of all Fangak Youths. This means the Union’s Leadership minus himself (Puok) was against the idea of writing another press release which could deny the people death and James Kok televised utterances. So the meeting ended from there. Thinking that in democracy, two or more men’s votes are much stronger than one man’s vote and that dictatorship tendency shouldn’t even be apply in social Union(s) like FYU.

Unexpectedly, our former Chairperson wrote a press release which was published in Juba Monitor Newspaper, on Saturday 8th March, 2014. Titled “Fangak Youth Union’s Leadership Denies the allegations that there were people killed and accusations labeled against James Kok Ruea by unknown members” In that press release Puok Bol denied the death of hundreds/thousands of Fangak, Nuer people and Mr. James Kok Ruea’s utterances, saw/heard by millions viewers of SSTV. He described all those facts mentioned in the 25 March, 2014 press release, as lies and baseless. Furthermore, he termed the Union’s members (general assembly) and leadership as unknown members or rebels. The press release wrote by Mr. Puok contravened the FYU’S Constitution Article 1 (1.4) which says” The main purpose of the Union (FYU) shall be to promote, defend and protect the interest of all Fangak Youths and members of Fangak County”. Here, the interest of Fangak Youths was to condemn and shall continue to do so, the killings; tell James Kok to leave the Fangak Youth and Community alone as written in the statement released on 25th Feb, 2014. However, again Puok ignored the leadership meeting of March the 2nd, 2014, FYU’s Constitution Article 1 (1.4) and Article 4 (4.1) altogether.  Instead, he deliberately wrote a press release in his own interest and in the name of FYU leadership. This is another grave mistake as it is, stipulated; in the law of FYU. Because one of the Union’s objectives in Article 2 (2.4) says “FYU Leadership shall act as voice (specifically in the interest) of the Youth of Fangak County, not as a voice of certain individual or politician”.

Thirdly: in addition to these aforementioned reasons, the former Chairperson is alleged to have had coordinated the arrests of several members of the Union, who are now in detention cells. To make mater worse, Mr. Puok took one of the arrested members’ cars and uses it as his personal car. But when he was advised not to move around by a car of a jailed member, he became angry and threatened to arrest the one who advised him not to use an incarcerated person’s car. In the following day, the former Chairperson, Mr. Puok issued a Presidential Decrees relieving the Union ‘s project proposal Co-coordinator whom he wrongly perceived as responsible for press statement released earlier and the Union Secretary for Culture, Youth and Sports who advised him to cease using a car whose owner was in unknown place, whether dead or alive nobody knows. Not only that, Puok had issued a number of Arrest Warrants against the Union’s members who could differ with him, in issues relating to the death of Fanagk, Nuer people and Union affairs. This third reason without doubt, justified that Puok Bol became an enemy (threat) rather than a leader of the Union and vice-versa. The latter reason plus the other first two (2) main evidences are all contrary to the Union’s Constitution. Therefore, the Fangak Youth Union’s Parliament, as an immediate general assembly representative; had taken a constitutional action against Mr. Puok Bol Par. This action taken is in accordance with FYU’s constitution Article 7 7.23(b) “The FYU’s Parliament shall declare vote of no confidence on any of the executive member, who shall act continuously not in favor of the FYU’s Constitution.  This FYU Parliament’s Declaration shall be effective as of today Wednesday, April 9, 2014. Thus, Mr. Puok Bol Par is no longer a Fangak Youth Union (FYU)’s Chairperson.

Accountability on FYU Funds and Assets

In Article 11 (11.4.1)(11.4.2) “All FYU funds must be accounted for and shall be used in ways deemed reasonable save by sub clause (11.3) of this Article that stipulates the use of FYU funds.  And that any person whether executive member or otherwise, who shall misuse the funds of FYU without proper channels and authorization constitutionally, shall be held accountable by this (FYU) constitution respectively.  Accordingly, the FYU Parliament Financial committee is set to investigate such corruption case in accordance to FYU’s Law. The said committee will see to it that, this (12,000 SSP) amount of Union’s money is firstly and finally deposited into the Union account.

Conclusion, in respect to FYU Constitution Article 6 & 10 clause 2.3 respectively; the acting Chairperson of the Union shall be Secretary General(SG) as also stipulated in Article 7 where the hierarchy of the Union Executive Officers is accordingly spelt. Until, the next General Elections are held.

Thanks for giving us your precious time.

Our Unity and our Voice is our Strength!!

Signed:FYU Parliament members

For any comment you can easily reached FYU’s Parliament on: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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