Roots of 2013

south sudan crisis

AND WAYS TO FIXED THEM




1. 2011 transitonal constitution

2011 CONSTITUTION: THE PRESIDENT CAN

  • REMOVE ELECTED GOVERNOR (S)
  • DISSOLVE STATE PARLIAMENT (S)
  • REMOVE ALL JUSTICES AND JUDGES
  • REMOVE  ALL MINISTERS


2011 CONSTITUTION: IMPEACHMENT

  • 2/3 OF THE PARLIAMENT MUST VOTE TO PLACE NOTICE OF IMPEACHMENT
  • A CONSTITUTIONAL PANEL WILL REJECT OR ACCEPT TO NOTICE

    • If the panel reject notice, no impeachment occur
    • If the panel accept notice, impeachment occur

2011 constitution: no safeguards 

  • separation of powers
  • balance of balances
  • checks and balances
  • term limits
  • presidential limits

fixing the constitution: Presidential limits

THE CONSTITUTION SHOULD BE AMEND:
    • Term limits  to 2 terms
    • The president should not have the power to:
      • remove elected governors
      • remove Justices and Judges
    • Cannot be the head of the party

FIXING THE CONSTITUTION

THE CONSTITUTION SHOULD BE AMEND!
  • The constitution should have the following  as soon as possible:
balance of powers

Fixing the constitution:

The constitution should be amended to address
Separation of Powers 
Checks and balances

2. ethnic tensions

  • History of cattle raids, feuds, and revenges
  • Competition over resources 
  • Competition over government positions 
  • Politicians with self-interest exploit these tensions


fixing ethnic tensions

  • Politicians who incite ethnic violence must be prosecuted by state's anti-corruption laws and international criminal court (ICC)
  • Constitution must fund law enforcement and justice system adequately to maintain law and order to counter corruption
  • Constitution must established appropriate sharing of resource and provide collective tribe punishment for those who raid cattle and fuel ethnic tensions

3. riek machar as opportunistist


  • Always spoke out against the system that he is part of 
  • Address disagreements in public media and radio
  • Care mostly about becoming president of South Sudan
  • Use ethnic tensions to his advantage

fixing machar opportunistic 

  • Machar must realized that he is part of the system
  • Machar must address disagreements privately and fixed the system internally
  • Machar must avoid using ethnic tensions for self-interest
  • Machar must waits for his time to be president
                                 

4. kiir criticism


  • Ruling the country by decrees
  • Eliminated ministers and those who disagreed with him
  • Has no vision to rule the country
  • Want to stay in power 

Fixing kiir criticism

  • Kiir must realized that criticism is normal part of presidency
  • Kiir must use persuasion instead of decrees and eliminations to win South Sudanese
  • Kiir must realized that country is more important than power
  • Kiir must realized that if he doesn't allow national reconciliation, none of the citizens will allow it
                       

5. 1991 dinka bor massacre


  • In a failed bid to seize SPLA leadership from John Garang, Riek Machar forces massacre 2,000 Dinka Bor 
  • Kiir constantly use 1991 Dinka Bor massacre against Riek Machar's power ambitions

fixing 1991 dinka bor Massacre

  • South Sudan parliament needs to initiate ethnic reconciliation so that:
    • Riek Machar give a South Sudan's apology, and provide ways that guarantee this doesn't happen again.
    • Dinka Bor leaders must then forgive Riek Machar 
    • Official burial celebration should then be conducted 

6. FREEDOM OF SPEECH

  • April, 2012 Isaiah Chan Abraham was assassinated at his home 
  • Many South Sudanese disappeared in Juba if they disagreed with government policies 
                        

7. JOURNALIST PROSECUTION

  • Journalists get detained and arrested if they reported something that the government don't like
  • Journalists from Citizens, Gurtong, Juba Monitor, and Reuters have been detained, abused, and arrested in 2011-2013
                                          

fixing freedom of speech and journalist prosecution

  • Criticisms  and press are ways to address changing population interest and to keep the government accountable
    • freedom of speech, expression, association and press must become a laws
                                          

8. Corruption: Embezzlement, bureaucratic, & patronage

  • US$ 4 billion disappeared into government pockets just after independence in 2011
  • Oil revenues only benefits the top government officials
  • Several government officials have been caught on borders with huge sum of money taking them overseas
                                  

8. fixing corruption

  • corruption against the government should be make a treason
  • law enforcement and justices system should be strengthened, funded adequately, and operate independently to counter corruption
  • politicians found guilty of corruption should be banned from any public offices 
                                           

wHAT SHOULD UN, US, EU, AU, AND IGAD DO?


  1. Pressure South Sudan's Salva Kiir and Riek Machar to cease fire and sign a peace agreement
  2. Pressure South Sudan's Salva Kiir and Riek Machar to form a transitional government
  3. Pressure South Sudan's Salva Kiir and Riek Machar to amend the constitution to allow for term and presidential limits and to hold presidential elections in one year
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