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Public rebuttal note against the publication of my picture by Southern Eye newspaper as a picture of Rebel Leader, David Yau Yau

By Peter Reat Gatkuoth Both

April 2, 2012 (SSNA) -- There is no doubt that most citizens in South Sudan will falls into unsafe categories in the culture in which privacy, copyright and publicity is not regulated and acknowledged as a basic barrier to individuals’ safety.

Early on Monday, March 11-17/2013, the Southern Eye Newspapers Agency has published an article (vol. 5, issue 10) entitled “Army begins fighting against Yau Yau” in Jonglei State, South Sudan. The article was a press release and a public note to all audiences and travelers about the ongoing activities of insecurity in Jonglei State.  The newspaper’s writer and editors had decided to pick my picture elsewhere and published it as the picture of David Yau Yau (the Jonglei State Rebel leader). The article was read world wide and many people brought such a newspaper to East African countries, Europe, North America and Far East as travellers buy the newspapers in the airport while transitioning through the Airport.

The article caught me with great surprise when my colleague and long time friend informed me about the article, being circulated around South Sudan, East Africa and through different areas. African security personnel sometimes rely mostly on image than the name displayed in the identification document because they knew it well that someone could easily change the name and rename himself/herself.  The name does not matter but picture does matter in security system. On the other hand, East Africa security system is tied and therefore, it would be difficult for me to dispute this issue if I have been capture in East African nations. If these local journalist would not be guided by the laws that governing the country’s system of publications and news system, then it is probably worth saying that our life will be marked with too many colors of trouble because local journalists, within us will always choose to write and pick up any pictures they wanted to publish. Be it picture of ministers, officials or picture of local community members. The differences of the people they are victimizing through the media would not matter in the hand of Uganda, Kenya and Ethiopia security, provide that they see the image of the most wanted man. They will easily torture and victimize ordinary citizens that the local journalists put on media radar.

I am very speechless in this regard and I thought that this newspaper Agency had an intentional plan to inflict a great damage to my life, by putting my own image as the image of the most wanted Rebel Leader (David Yau Yau). In fact, I am originally from Jonglei State, and one of the known citizens in that particular state; however, being a citizen of Jonglei State or Greater Upper Nile region would not permit the Newspaper Agency to publish my picture as the picture of the Murle rebel.  David Yau Yau is badly needed in the world today by law enforcement agencies, like all criminals. It’s extremely dangerous that an ordinary citizen’s picture should be published without his consent and linked his image to the image of the most wanted man who has a high record of human right violation and mass slaughtering of the innocent citizens in the country.  

[Above] is my picture on the left side corner below, published and read worldwide. (Refer to the picture above).

I believe my colleagues, friends and those whom I share life with, through the time of struggle, will agree with me that this picture is my picture before my own parents have step in and commend on the issue at hand. The picture that was put here was taken in spring of 2009 in Edmonton, Canada and I believe I would not be blind enough not to recognize my own picture though I am getting old.

The Rebel leader that I was linked up with, is the most wanted man and he is indeed in the list of the most wanted regional criminals, awaiting for justice while on run. He has been kidnapping children, killing innocent people on roads, and has launched many attacks to the villages where I lost many relatives and community members in the attacks he has been conducting and launching against the Jonglei civilians. We are still mourning until these days for the death of our brothers and sisters who were slaughtered on their ways to Sobat River cattle camp area by David Yau Yau and his Murle militia forces just last two months ago.

Perhaps, these Southern Eye newspapers’ journalists are not aware about code of ethic and legal consequences of using an unauthorized picture of ordinary citizen who does not hold any public post though they had enlisted Minister Hon. Gier Chuang Aluong as the Chairman board of directors.  In my view, I thought that this newspaper would have been one of the best newspaper agencies, given to the fact that Hon. Gier Chuang Aloung is a chairman board of directors and trustee. It put me into dilemma by then, not to throw a dust on their faces because the newspaper agency seem to be monitored and guided by minister who hold public government post and been enlisted as the chairman board of directors. My assumption is that the chairman board of directors must be knowledgeable about the privacy, publicity and copyright laws. People thought that this newspaper agency might have been well informed about the journalism code of ethic and the regulation governing the press and publications.

The reasons why many countries implemented the policy of picture identification, and encouraging anyone to have a picture ID even in the rural society is because of the security purpose; for if all people have an IDs without pictures on the IDs, there would have been a lot of crises because people may have share and exchange IDs. If the state does not restrict or put a laws that regulate the media system, then there is no doubt that most citizens in South Sudan will falls into unsafe categories in the culture in which privacy, copyright and publicity is not regulated and acknowledged as a basic barrier to individuals’ safety.

Imagine for instant, if someone’s picture has been published as a picture of Osama Bin Laden, would that person travels in the world regardless of the names in the ID? Would she/he passes through Airport where security officers monitor criminals and people whose their names were identified as criminals by the security agency worldwide? I believe that many of you may have agree with me that Since the independent day, Journalists in Juba have been writing in the shadow of injustice, yet the state authority had never bring any legal case against the publishers. There has been too many errors on many newspapers and few individuals’ image are intentionally damaged world wide by some state news agency, operating in Juba since 2010.

I thought that the rights of privacy, copyright and publicity are very important in the laws that govern the journalism code of ethic and press in South Sudan. This is simply because an unauthorized uses of a person's identity in order to create a false impression and endorsement is danger and risky for the safety of the people since the world rely on images shown on newspapers or in television reports. This is very important in Journalism training because most of the states’ authorities usually do not like the images/pictures of the people to be plastered all over the Internet or on newspapers without their consent. And this is due to the reasons of public safety and privacy.  

The Juba Southern eye newspapers agency had violated the law of publicity, copyright and privacy and decided to publish my picture as the picture of the Jonglei State rebel Leader (David Yau Yau) to destroy my image; an intention I see as to risky my life and my safety. If someone has sent them my picture intentionally as I may guess, then they must prepare to investigate who give them permission to use my picture without my consent before I reach Juba to bring the case against their wrong willingness of publications.

On the other hands, I am here to inform my community, my family; parents and my colleagues and friends world wide that anything that would occur to me while attending my academic activities around the world, would be counted to the Southern Eye newspapers that have risked my image globally. I am a researcher and academia who travel frequently to different countries for research purposes and international conferences.  I believe that my time will allow me to reach Juba as soon and confront the publisher through legal mean.

The author of this public rebuttal note is a member of Jonglei community in diaspora. He holds a BA in Sociology and Political Science, and MA in international Law and Human Rights. He is currently in Brussels, Belgium (United Kingdom). You can reach him at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you wanted to find more information about this alarming concern.

Cc: Minister of Information and Broadcasting: Hon. Barnaba Marial Benjamen
Cc: Minister of Justice. Hon. John Luk Jock Ruach
Cc: Minister of National Security. Hon. Oyay Deng Ajak
Cc: Jonglei State Governor: Hon. Kuol Manyang Juuk
Cc: Southern Sudan Human Rights Commission
Cc: Nuer Community in Diaspora and home
Cc: Jonglei Community in Diaspora and home (JPF)
Cc: Lou Nuer community in Diaspora and home

Australian government, justice delayed, is a justice denied!!!

By Awumtiaidit

Melbourne, Australia, March 31, 2013 (SSNA) -- The South Sudanese community Victoria is yet to come to term to Erjok Manyiel untimely departure. The late Erjok was found dead in the building where laws that govern Melbourne, Victoria are enacted. The Russel Kennedy, 469 La Trobe St Melbourne VIC 3000. The mystery of what happened to Erjok Manyiel Nai (Giant Erjok) on the 08/08/2012 is still a mystery. What took him in there, still not disclose. Nevertheless, the family of the decease is determined to soldier on despite the incommunicado style of communication we are in. 

As we write no one is yet held to account for Erjok’s demise. Since that indelible night, nobody has come back to brief the grieving family how the case is being followed. No nothing!! We have a feeling the case is being deliberately delayed to frustrate parents and somehow down the track may give up and therefore, result in disappearing of the case all together. Does this sound not like an organised homicide?  

A lawyer volunteered to follow the case is presumed to have been threated somewhere. She abruptly pulled out in the case last year citing things that don’t analytically stack up. No matter what it takes, we the family shall squaddie on and make sure the justice is done!!! 

As evident by the stagnancy of the case, the foci of this paper is to generate awareness about the discrepancies that lies in how cases as this are investigated.  It took similar cases as this apparently a week or two to apprehend the murderer, whereas the manner in which Erjok’s case is being investigated is somehow a gut wrenching. It is not promising altogether. This brought us to believe the justice delayed is a justice calculatingly denied!!

Take a look at these two similar cases below. First was that of Jill Meagher, an ABC news employee Victoria.

Jill was murdered on 22/09/2012; two weeks exactly to the disappearance of Giant E. Mr Bayley was apprehended a week latter by homicide detectives, on the September 27. Adrian Ernest Bayley caught Jill and smuggled her out of the city where he rapped her several times before he strangled her and dumped her body around Black Hill Road in the northwest of Melbourne.

It took the Victorian authorities a fair bid of time to put to action sophisticated device and as we write, Adrian Ernest Bayley is behind bars over Jill’s murder.   

Second, Ross Streeter of Bendigo killed his father and uncle on a central Victorian farm on the 19/03/2013. His father, Douglas Streeter, 69 and his uncle John Streeter, 67, it took at least six hours before Doug Streeter's wife, Helen, discovered the bodies. Despite the locality of the crime scene, it took the authorities a week as well to establish the killer, and now Ross is behind bars to answer his actions. Above all these cases are broadcasted for the public to know, while that of Erjok wasn’t mentioned in any way!!!

Now from the above analyses, why is Erjok’s case handled lightly and far differently from other homicides? Are Erjok’s parents not the same with the above two parents? How long will Erjok’s parent wait to see justice is done to whoever took their son away from them permanently?

Erjok was killed in the heart of Melbourne city at Russel Kennedy, 469 La Trobe St Melbourne VIC 3000. It is an area compacted with all necessary CCTV which can help expose this case unequivocally naked, why is it taking this long to pin down the culprit? How shall we truth the authorities in the midst of this clear sanctimonious investigation? 

On a separate note, South Sudanese organisations Victoria representatives got to stand up for their rights. You all need to come together and ponder over issues that are affecting your settling-in in Victoria. When exactly will you all respond in unison to how your children are disappearing without trace? You are so dysfunctional and this has to stop.

A body/bodies as you are there to represent people’s grievances and this seems isn’t the case with how you all representing us!!! We understand south Sudanese community have lost considerable number of children and no one is held accountable so far. This is the time to wake up from our deepest slumber and asked video footage/s for all cases, past or present.

It worth mentioning here Peter Pal, the Greater Upper Nile chairperson tried his level best to pull together all representatives and to his chagrin, he was undermined and sabotaged and the whole process ceased from progressing. Thanks to you Pal!!  

There are things community can do about Erjok’s case and the previous cases. Number one, we can hire a private investigator/s to investigate such cases. Second, we can as well hire a community lawyer/s to present our cases at circumstances like this. Finally, we can organise ‘PREES RELEASE’ detailing factsheet this community is exposed to, and contact media channels so that we raise chances of journalists taking issues from there may reach the pinnacle office of this land, if it hits news headline.

Finally, the fact that our death cases as this of Erjok were kept secret as possible, contacting NEWS CHANNELS will possibly break this persistent cycle. Chances of journalists picking it up and running with them may help impart our inaudible suffering. The other bodies we can contact as well are Australian Human Right Commission head office and Australian Amnesty International. These bodies have revered records of shielding the voiceless and vulnerable people such as South Sudanese community Australia, Victoria.

You can reach us by This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call us on this numbers: You can call us on this numbers: 0469424674 and 0431146548.

The struggle for sovereignty of South Sudan joint effort

By Jacob K. Lupai

March 30, 2013 (SSNA) -- This is a response to a series of parts of article, Rebuttal to Mr. Jacob K. Lupai’s advice on Issues Raised in Equatoria Conference 2013, by my valued friend, Ateny Wek Ateny, in his column, Beating The Drum of Truth in The Citizen Newspaper (March 21, March 23 and of March 24, 2013).

I couldn’t have agreed more with my friend that the discussion on Equatoria Conference was indeed becoming boring while there could have been other pressing issues of common interest that needed attention. It was also becoming monotonous as no new argument was being made. It was better to move on.

For my part revisiting the series under the heading Rebuttal to Mr. Jacob K. Lupai’s advice on Issues Raised in Equatoria Conference 2013 is to make a couple of critical observations and hopefully this will not be too boring to the esteemed readers. If it is the case I offer my apology.

There are some over exaggerated assumptions especially in the liberation struggle that are nothing but erroneous and grossly misleading. This was apparently to promote other regions to the highest level of patriotism. However, the reality on the ground as testified by those who were in the frontline seems to suggest that the claim “we liberated you” at best is an intimidation. It is a myth invented as a tool to silence any dissenting voice. However, the fact is that all southerners liberated themselves.

The struggle for sovereignty of South Sudan was a joint effort by all in their different ways. The 98.43 per cent of people who voted for South Sudan sovereignty in the referendum on 9 January 2011 is evidence of the joint effort. It is therefore mind boggling for others to claim erroneously that “we liberated you”.  

SPLM membership

I was an active supporter of the Sudan People’s Liberation Movement (SPLM). Through pen and paper I made this abundantly clear. As my friend Ateny said, in the United Kingdom the SPLM Chapter was based in London but I was the leader of SPLM supporters in Reading, a town between London and Oxford. I was also the leader of Equatoria SPLM Support Group. This was to distinguish between supporters and those who were hostile to the SPLM.

As a matter of principle the Equatoria SPLM Support Group stood firm. This stand earned some of us name calling but this never moved us an inch. We were outspoken in support of the SPLM.

When a high level SPLM delegation visited the United Kingdom from their bases in South Sudan I was chosen to chair the meeting in London between the visiting SPLM delegation and the community. The SPLM delegation included Salva Kiir Mayardit, Elijah Malok, Pagan Amum and Tahir Bior.

What captured my attention in the meeting was when Salva Kiir Mayardit said the split in the SPLM/A in 1991 caused massive and unnecessary causalities more than those caused by the enemy. He narrated how they had to advance rapidly through the line of fire from fellow southerners to escape being trapped. Salva’s plea was for southerners to be united.

Later on in the residence of Stephen Baak, the SPLM Representative in the United Kingdom and Northern Ireland, we heard about the liberation effort and enjoyed the cracking of jokes. I realized that life in the frontline would have been miserable without jokes.

As an SPLM activist when I came to Juba in 2006 I was enthusiastic to meet with Salva Kiir Mayardit and at least to greet my President with a hand shake. I was accompanied to the President’s Office by my friend Hon Anthony Makana who was then the Minister of Commerce, Trade and Supply in the Government of Southern Sudan.

I filled a form to see the President. As an SPLM activist I felt it would not be difficult to see Salva Kiir Mayardit. I was mistaken. The SPLM probably did not have me in their records as an SPLM activist. Sadly I left for the United Kingdom neither meeting with the President nor greeting him with a hand shake and to offer a word of congratulation.

To my friend Ateny I am still the same Jacob Lupai he saw in the 90s in the United Kingdom. I am not recruited into Equatorianism which I think is partly the product of my friend’s negative thinking. In his imagination my friend Ateny concluded that the Equatoria Conference was at best the revival of Kokora or rebellion at worse.

As a positive thinker the Equatoria Conference had nothing to do with Kokora or rebellion as my friend would like people to believe. Kokora is history and should not be associated with a genuine and progressive demand for a fairer system of governance.

With regard to SPLM membership I am a member and hold a membership card. In addition 5 per cent of my salary is being deducted every month for the upkeep of the SPLM. Recently 10 per cent of my salary was deducted for the SPLM plus the 5 per cent mentioned above. I hope my friend Ateny will now know that I have not been recruited to any other political .party. I stand by the SPLM Manifesto 2012 which only needs the SPLM to adhere to it rigorously for a better South Sudan.

The struggle for sovereignty

My friend Ateny claimed in part that without Bahr el Ghazal (his native region) in the 1990s/2005, there would have been no sovereign South Sudan (The Citizen, Sunday, March 24, 2013 – Vol. 7. Issue 414). Let me not prejudice the reader but is my friend really serious. According to one witness account of battles in the frontline, the elevation of Bahr el Ghazal to a prominent position claimed without which South Sudan sovereignty would not have been realized, is nothing but extremely an over exaggeration.

According to the informant the incursion of the SPLA into Equatoria and the subsequent realization of South Sudan sovereignty took concerted joint effort. The first ever SPLA incursion into Equatoria took place in 1985 by Bee Battalion under the overall command of Martin Manyel from Bahr el Ghazal. Commander Manyel was assisted by officers from Equatoria commanding smaller units such as companies. In the incursion into Equatoria there was also Niran Battalion under the command of Tahir Bior from Upper Nile. The two Battalions, Bee and Niran, were under the overall command of Nachuluk Nashigak also from Upper Nile. In 1986 Tingili Battalion under the command of Glario Modi Wurinyang from Equatoria was active in Torit area.

In 1986 Muksasa and Tafeng Battalions under the overall command of Alfred Lado Gore from Equatoria were active in Kapoeta area but later proceeded to Torit. Sakus Brigade was under the overall command of James Wani Igga from Equatoria where John Kong Nyon from Upper Nile was a battalion commander under Wani. Under James Wani Igga the Sakus Brigade came to Central Equatoria where a training centre was established at Morta. The centre trained recruits from all over Equatoria.

Before reaching Morta in Central Equatoria in 1987, SPLA soldiers who were under the overall command of James Wani Igga deserted to their respective areas of Bahr el Ghazal and Upper Nile. This left Commander Wani with less than a battalion. If it was not for the training in Morta which produced battalions of soldiers, Central and Western Equatoria would have been under enemy control until 1997.

All of the recruits trained in Morta were mostly Equatorians. With the massive desertion of SPLA soldiers to Bahr el Ghazal from Equatoria, how the sovereignty of South Sudan could have been realized without the active participation of Equatoria is a mystery. By my friend’s admission Equatoria was a contested area by the Sudan Armed Forces (SAF). With desertion in the SPLA ranks and the split, it was obvious that without Equatorians, sovereignty of South Sudan would have been indeed a distant dream.

After coming from a military conference in 1995 in Lotuke (Moyo Sokon) in Didinga area in Equatoria, Thomas Cirillo from Equatoria was appointed Division 6 Commander with Abraham Wani also from Equatoria as his Deputy. Division 6 was for Central Equatoria and carried out massive recruitment all over Central Equatoria. The recruits were taken to Morta training centre. Gier Chuang Aluong from Upper Nile was commanding Division 7 for Western Equatoria with Augustino Jadalla as his Deputy. As expected Division 7 made recruitment in Western Equatoria.

Military operations

In military operations forces under the command of Augustino Jadalla attacked Yei and captured it from the SAF. Similarly forces from Western Equatoria under the command of Gier Chuang Aluong attacked Alero and captured it. Forces from Division 6 under the command of Thomas Cirillo and Abraham Wani attacked from Gimunu in Yei County driving out the SAF up to Mile 40 in Juba County. This was the final episode in the liberation struggle when the enemy never returned to those areas captured by the SPLA until the Comprehensive Peace Agreement of 2005.

From the above scenarios where Bahr el Ghazal hardly features, it is difficult to understand how my friend Ateny could claim that without Bahr el Ghazal there would have been no sovereign South Sudan today. I hope my friend will not tell us that Operation Thunderbolt with combined forces that, in 1997, captured Rumbek, Yirol and Tonj, were only composed of forces from Bahr el Ghazal as evidence of his claim that Bahr el Ghazal was the key in realizing South Sudan sovereignty.

In 1999 forces from Divisions 6 and 7 were dispatched to Eastern Sudan under the command of Thomas Cirillo and Abraham Wani, all from Equatoria. Those forces rapidly captured areas in Eastern Sudan such as Hamsokoreb. The SPLA military operations spearheaded by Equatorians in Eastern Sudan was a contributory factor in forcing the enemy to realize that the game was over and so peace negotiations were accelerated.

My friend Ateny mentioned Gier Chuang Aluong, John Kong Nyuon, James Hoth and Uyai Deng Ajak all from Upper Nile as commanders commanding troops from Bahr el Ghazal in the Equatoria land. This is interesting. How could the mentioned commanders from Upper Nile be commanding troops from Bahr el Ghazal when most of the troops from Bahr el Ghazal had already deserted from Equatoria land? Were there no troops from Upper Nile or from Equatoria for those commanders to command?

It should be appreciated that Equatorians were the ones in the frontline and the most advancing group. To down play the highly significant role played by Equatoria in the liberation struggle is at best an illusion.

System of governance

My friend Ateny was disappointed with me because of my support for a federal system which he equates with Kokora. From his critical analysis, which I have not seen, my friend considers a federal system the revival of Kokora or a rebellion against the constitution and the government.

There seems to be no room allowed for an intellectual debate where advantages and disadvantages of a federal system are laid out clearly for informed consensus. Dictatorship seems to be creeping into our mentality where some want to force their words into others mouths. People need to have the opportunity to weigh the advantages and disadvantages to decide which side outweighs the other. The aim is to reach a consensus as a way forward.

Arguably if considered carefully a federal system is not harmful to nation building and national unity. I am impressed with the Switzerland’s model of a federal government. The Swiss model does not need to be adopted wholesale but could be adapted to different situations. The basic demand for a federal system is recognition of diversities, empowerment of people and acceleration of development for a better quality of life.

In South Sudan we can have three levels of government, federal, state and county. Each level will have a constitution and the three constitutions should not be in conflict. Challenges in South Sudan are numerous and a federal system could be the answer. This is because people will be empowered to take appropriate decisions and actions to address satisfactorily their pressing issues of poverty, development and security.

Conclusion

I hope this piece has enlightened people on the liberation struggle in contrast to the bogus and mythical claim “we liberated you” propagated continuously by simple minds. It should be well understood that nobody liberated anybody but it was the joint effort in the various ways that liberated all of us. Providing tactical half truth and strategically indulging in perpetual denial for the mere glorification of one’s region or tribe is not helpful in building a strong united nation that all call home. National unity calls for prudence.

Beating the drum of war is not helpful either. The negative thinkers and the prophets of doom are already busy speculating that Equatoria is planning to break away. The negatives got their license from Equatoria Conference 2013 where a federal system was strongly emphasized. The sound of war drum is now loud when, for example, somebody said it will take Equatoria 100 years to break away from South Sudan to become the Republic of Equatoria. The implication is that Equatoria has no right to do anything but must share in silence the challenges South Sudan is incapable of addressing.

To my friend Ateny who thinks I have become a regionalist, I would like to ascertain that my nationality is South Sudanese as confirmed by my nationality certificate and passport. I am also proud to be identified as an Equatorian. Those who are shy to identify with their region or tribe is not my problem. Nationalism does not deny anybody identifying with their region or tribe. We wouldn’t like to create an artificial nationalism while in fact people are too tribalistic. If I were to contest for the presidency of South Sudan I would use federalism in my campaign.

In conclusion, although Equatorians may be seen to be as naïve, mistaken for cowards, by all means they are not daft. As South Sudanese we should encourage an intellectual debate on a federal system to avoid an unpredictable behavior that may cause a type of volcanic eruption of unknown magnitude which will eventually shatter national unity. Hopefully the majority sensible South Sudanese do not want to go down that route as the tiny minority warmongers would like to.

The author can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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