“The Genius of Dr. John Garang”: Get your Copy in Juba, South Sudan

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IS THE CIRCULAR CONCERNING EMPLOYMENT IN SOUTH SUDAN A GOOD ONE? Personal Opinion

By Jackline Warille, Doctorate Student

South Sudan is a sovereign state and therefore should protect her citizens. There are some common sayings that we helped South Sudan, their children are in our schools, they come for treatment in our country, they are illiterate, they do not have capacity, they and they and they. All these are fine and by religious standards, they will turn to be blessings on the so called illiterate and people with less capacity. While I do appreciate all the help South Sudanese are getting from the neighbouring countries or the international community as such, one of the help they should give to South Sudan is to help the country to put systems in place. In business, people usually make a lot of money in any unfortunate situation in a place. If there are no hospitals, you can put up a clinic and charge any amount; if there are no transport means, you can bring in an airline and charge any amount, etc.

For the last nine years, South Sudan accommodated all people in the name of building capacity. I do not know whether the capacity has been built or not. The point I am trying to raise here is if there can be a time limit set for when the country should be operating in its current status where all nationalities work without being questioned. This ranges from hawkers, making and selling charcoal in the rural & urban areas, cleaners, cooks, house helps, vegetable sellers, saloons, chapati makers, building graves, building houses, working in the government ministries, the banks, insurance companies and other private sectors, and name them. While I personally appreciate what has happened all this while, I also feel that there should be a time when the country should say this and that job should be given to a South Sudanese or at least no foreigner should be permitted to do that. This is to give the nationals the chance to also do business in their country.

In some countries, if you have to get a work permit, your employer will have to justify whether a national cannot do the job before employing a foreigner. I do not know whether we ask such questions or not. If we do not have nationals to do all the jobs I mentioned above, then I am not sure whether there are South Sudanese in this world.

We complain that the development in South Sudan is going on a low pace. Yes, this is true. If the money is not staying in South Sudan, how do you expect development to happen? All people make money in South Sudan and the money gets out of the country. What is the ratio of the foreigners who rent decent houses in Juba compared to those who stay in Konyo Konyo, Jebel and other places?

Are we checking on the documents and the visas? Countries check visas and they have a time limit when you should be in their country. Once they renew the visa for a certain time, you are to cross the border before you can be permitted to come in or you will have to get some permits to enable you to stay in the country.

If the country wants to put systems in place, let us accept that there will be many victims. If we shy away from this truth, we will never change the face of South Sudan. Change comes with resistance and this is normal. Yes, we will be insulted and told we are the one doing this and that for South Sudan. This should not discourage people from making changes.

How many educated South Sudanese are in the diaspora who are not able to get work in South Sudan. I have heard the following over and over again:

• South Sudanese are lazy people.
• South Sudanese want the white collar jobs
• South Sudanese cannot work in some remote places in their own country.
• South Sudanese do not have the capacity

I am not disputing these because I do not expect all South Sudanese to be good but it is not also right to generalize. Not all South Sudanese fall in these categories. There is no country in which there are no foreigners working. There are international staff who are recognized, consultants or even organizations that have to recruit other nationalities to work for them. This is allowed but the procedure of employment of such personalities need to be followed as well.

If we are neighbours and neighbours would want to be accommodated in South Sudan, it is a good idea but this should work in all countries. South Sudanese should be allowed to work in the other countries in the same way the other nationals work in South Sudan. If it is about selling, hawking and all the others mentioned above, should be given to South Sudanese without hindrance. The Bible says that we should do to others what we want them to do to us, (Mathew 7:12). So if we want to work in South Sudan without the government questioning us, South Sudanese should also work in our countries without questioning. In Mark 12: 31, we are told to love our neighbours as ourselves. Who is your neighbour? If as a country, we are one entity, our neighbour becomes the other countries. As South Sudanese, we need to show love to our neighbours and they need to do the same to us.

Our neighbours should not look at South Sudanese as bad people by the mere fact that they are trying to put a system in place. If they love South Sudan, they should not be happy to see the country in a mess where the labour market is not controlled. If anything, they should help South Sudan to develop her systems the way theirs are developed.

This should not in any way discourage investors from investing in South Sudan. Yes, invest your money but also allow the nationals to work. If you invest in South Sudan and all your workers are also from your country, what have you done for South Sudan? We need to balance between our contribution to the economy of South Sudan and the return on investment that we expect.

If there is anything that I praise the Government of South Sudan for is the decision to look at the systems in South Sudan. Even if it is not implemented now, people should not relax because one day, someone will wake up and enforce these changes. These are facts which happen in every country and should not be considered as being unfriendly or being unappreciative.

Let us see and check whether the other countries are putting controls over who gets work permit in their countries, then we can conclude whether South Sudan is doing the right thing or not.

May God help South Sudan to put systems in place and also talk silently to our neighbours to see the sense in the need for South Sudan to have systems.

The Village Constitution in a State of Sudan

By Malith Alier

A constitution is a legal charter by which the modern state derives its legal framework. The existence of a modern state could be meaningless without a “source” that guides and gives it a direction to follow.

A constitution is what mitigates the chaotic environment under which the modern state exists. This definition is author’s attempt with no reference elsewhere. Note also that the author is not a legal expert.

Candidly speaking, a constitution is a big volume with many parts on many subjects such as power, internal and external rules, how to allocation resources, how to deal with crime and any other issue a particular state may adopt.

There are two types of constitutions, written and unwritten constitutions. Great Britain has unwritten constitution and South Sudan has a written one.

Prior to independence of the Sudan in 1956, a country called Southern Sudan was forcefully united with Sudan to become one country as the British prepared to leave. The Sudan became one country under one constitution on the above date.

The Constitution of the Sudan was not well known because people in the southern part were largely illiterate and were oblivious of the national happenings. This illiteracy resulted in people interpreting the constitution in their own way. They came up with what may be referred to as a village constitution.

A constitution of my village could have been a two page document if it were written. That constitution could also have been full of facts mixed with anecdotes and hearsay. Either way, the constitution guided the people of my village who were and are still the backbone of the country’s economy. At the same time they offer unwavering support to the political establishment in the state.

In my village where I grew up from, the constitution is unwritten like the British one. It was however, maintained in the psyche of the elders as custodians of it form of customary law.

That constitution is precise. It has no clauses on women rights, child rights, gay rights and many other mushrooming rights of today. However, this does not mean that there were no specific rights for the above groups except gays.

I remember the following assertions from the unwritten constitution of my village;

1* that if you don’t pay taxes you will not be compensated if killed
2* you won’t be given a leadership position if unmarried
3* Pay taxes to the government in towns and cities but expect no services in return
4* election should be by consensus

Now let’s examine these assertions in light of today’s South Sudan Transitional Constitution.

1* in the TCSS there is a clause that requires individuals to pay taxes in form of Personal Income Tax (PIT). In the same way, businesses as legal entities pay Business Profit Tax (BPT) or simply corporate tax.

There is no connection between paying or not paying taxes with criminal murder or manslaughter. What is in the law is that an individual or corporation may be charged for tax evasion. Note the difference between tax evasion and tax avoidance. It is illegal to evade taxes. Note also that people claim that there are two things one won’t avoid in life; taxes and death are “must meet phenomena.”

2* Condoleezza Rice of the USA was appointed a Secretary of State though unmarried. Being unmarried in my village constitution may be equated to being an underage. In the current TCSS, one can vote or hold certain positions at the age of 21. You can even become president at forty (40) years. There is no requirement for a marriage certificate here.

3* I think the issue of taxation was misunderstood by then. Some people thought that taxes are used as a form of punishment for certain crimes. It nearly happened in Jonglei when the youth were accused of sloth. The governor there wanted to reintroduce taxes so that the idle youth may be induced to work because taxes are coming their way.

Forcing people to work in order to pay taxes has no basis and at the same time may be unconstitutional. Taxes are simply paid in order for the government of the day to deliver services like health, education, maintain security and the likes.

In the past, everybody was required to pay taxes willy nilly. In the old Sudan taxes were determined by your age. Anybody from 18yrs and above must pay taxes full stop. The poor farmers (traditional farmers) were required to pay from their produce in forms of grains or livestock. At the later time, the same farmers were able to pay in money.

What was very interesting was that nobody expected services in return of taxes paid. It was like what Jesus said “give Caesar what belongs to Caesar”

4* the elections of those days were really messy. I remember voting at the age of seven for someone whose name or office to be elected to I didn’t know. This occurred on a village school in the late 1970s. Simply, everybody including children used to vote in the old Sudan.

Another issue which is still in existence today is the consensus around one candidate. You would often hear that Mr. so and so should be allowed an opposed. The last election in 2010 saw this drive for consensus and preferred candidates. This is a tool used to bar opposition candidates who may also have sizeable support in a constituency.

It was used by parties and by certain communities but it came with consequences. Some candidates broke away in the last election and contested as independents. This is a direct result of the bias consensus expectation.

The current TCSS of South Sudan is at odds with some aspects of customary law. This is also true of international conventions that South Sudan already ratified. Majority of UN conventions had been ratified in their entirety.

Press Statement: Rally for Peace and Democracy

Rally for Peace and Democracy

(South Sudan)

REF: RPD/PR-17/14

PRESS RELEASE

Government of South Sudan’s Denial of ‘Other Political Leaders’ from Participating the Ongoing Peace Talks

The Rally for Peace and Democracy (RPD) is gravely perturbed in learning that the Government of the Republic of South Sudan is adamantly continuing to dishonor the Principles of the ongoing Peace Negotiations as set out in the May 9th, 2014 document, signed by the two sides to the raging conflict in South Sudan. The document clearly and unreservedly includes the Principle of Inclusivity. In a clear breech of this principle, the Government of the Republic of South Sudan has decided to clandestinely bar some leaders of ‘other political parties’ from attending the next round of peace talks. The entire delegation of ‘other political parties’, including their leader Dr. Lam Akol Ajawin, were denied boarding the plane to Addis Ababa at the Juba International Airport on Saturday 13 September 2014.

The two warring parties had agreed that the search for peaceful settlement to the current crisis in South Sudan will involve all stakeholders. It has also been reflected in the June 10th, 2014 document, which the IGAD Heads of States endorsed, that the South Sudan IGAD-led peace talks will be inclusive. As a result, six different groups representing a broad spectrum of the informed South Sudanese society were identified and invited to participant in roundtable peace talks in Addis Ababa, Ethiopia. All delegates are expected to express their views without fear of intimidation on how best the conflict could be brought to an end; to halt further loss of lives and property. However, this has not been the case particularly to those delegates coming from Juba.

We have observed with grave concern the tactics being employed by the government agents to threaten, harass and intimidate participants coming from Juba who express different views from those of the government. Furthermore, during the roundtable sessions in Addis Ababa in July and August 2014, delegates seen interacting particularly with the SPLM-IO, were warned to be exhibiting rebellious attitude against the government. Noncompliant politicians were being cautioned that they would be locked up or barred from traveling abroad again if they continued to contradict the government’s adopted position. It is in the confines of this contemptuous and hostile environment that the regime unleashed its security agents to prohibit the delegation of ‘other political parties’ led by Dr. Lam Akol, from boarding a plane to Addis Ababa, Ethiopia.

It would be recalled by the peace loving people of the world that this is not the first time that the regime in Juba has embargoed credible delegates from attending the current Peace Talks in Ethiopia. Honorable Peter Abdurahaman Sule, the Leader of the United Democratic Front and a well-known critic of the government, was bundled out of an Addis Ababa-bound plane and his passport confiscated. In late July 2014, Mr. Deng Athowai, the leader of the Association of Civil Society Organizations, was Page 2 of 2

almost fatally wounded assassin style, just as he was about to travel out of Juba. As a result, he could not travel to Addis Ababa to participate in the inclusive peace dialogue. For how long can we continue in this way if we are genuine about attaining sustainable peace in our country? This tendency of suppression and intolerance of diverse views is what provoked the current crisis in the first place.

In this regard, we in the Rally for Peace and Democracy (RPD) urge the IGAD Special Peace Envoys to exert more pressure on the Juba regime to permit all the political party delegates, including Honorable Peter Abdurahaman Sule, to immediately travel to Addis Ababa under the leadership of Dr. Lam Akol Ajawin, and to respect divergent views on how to resolve the conflict. Furthermore, we call on friends of the people of South Sudan to support this appeal. The Government of the Republic of South Sudan should not be condoned by way of inaction to intimidate and bully delegates, especially those coming from Juba, who express different opinions. If IGAD countries and the International Community fail to take decisive steps on these draconian measures by the Juba regime, they are exposing potential delegates to further bullying and banning from participating in comprehensive and inclusive peace dialogue, which our nation desperately needs. Indeed any inaction by the International Community is tantamount to abetting the regime’s known undemocratic excesses. The least thing South Sudan needs right now is disenfranchisement of some its intellectuals from participating in drawing a roadmap for peace, unity and prosperity.

The RPD Interim Secretariat

September 16, 2014

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For Immediate Release                                                        Tuesday, September 16, 2014

 

Statement by the Ambassadors and Chargé d’Affaires a.i. of the United States of America, the United Kingdom, Norway, the European Union, Germany and The Netherlands

We are concerned that some members of the political parties delegation have been prevented from travelling to join IGAD talks in Ethiopia to which they were invited by the IGAD mediators. This does not sit well with an inclusive and representative process that takes into account the views of all constituencies and all stakeholders. Preventing an individual from travelling may also violate his or her right to freedom of movement.

We remain deeply concerned about the political and humanitarian crisis in South Sudan, an entirely man-made catastrophe. We call on leaders on all sides to recognise the need for compromise, to put their people first and to make peace a reality as a first priority.

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South Sudan: Dithering on the orders to fire foreign workers

If they withdraw this order, it would be the third time Juba will be retreating from decision to expel foreigners. Two previous ones happened over the past three years, each being pulled out after intense criticism.

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South Sudan orders firms to fire expatriates

By RAMENYA GIBENDI

South Sudan on Tuesday stunned the region by expelling all foreign workers, including thousands of Kenyans.

A government order said all foreign employees of private entities should hand over to Sudanese professionals by October 15. It is reminiscent of a 1972 directive by Ugandan dictator Idi Amin expelling Asians.

The South Sudanese order might deal a blow to Kenyan companies which have invested in that country and rely on expatriate labour for specialised skills.

Kenyan companies with operations in the oil-rich nation include the East Africa Breweries Limited (EABL) which opened a depot in Juba last year.

Kenya Commercial Bank, East Africa’s largest bank by market capitalisation, operates the largest branch network with 21 branches in the unstable country. The bank planned to open two more branches in the current financial year.

Equity Bank has nine branches while Cooperative Bank, which is in a joint venture with the government of South Sudan, and CfC Stanbic Bank, have one branch each in Juba.

South Sudan is relies on oil revenue and its human capital, just like its infrastructure, is still developing.

Aside from the banks, many Kenyan firms in insurance, petroleum and telecommunications industries, have established subsidiaries there.

Aid organisations, NGOs as well as hotels and lodges are also expected to fire foreign staff by mid-October.

The order to kick out expatriates is contained in a September 12 circular from the Ministry of Public Service and Human Resource.

“All the above institutions, corporations and business entities are asked to advertise for the vacant positions by October 15,” read the circular signed by Mr Ngor Kolong Ngor, the country’s Labour minister.

The positions that must be reserved for South Sudanese are: executive directors, personnel managers, secretaries and human resource officer.
Others are public relations, procurement, front office and protocol officers as well as receptionists.

“These posts must be filled by competent South Sudanese nationals,” Mr Ngor said.

INCREASINGLY COMPLEX

Aid operations have become increasingly complex in South Sudan since December 2013 when parts of the country came under the control of opposition Sudan People’s Liberation Movement.

In July, President Salva Kiir issued an order warning humanitarian organisations not to publish independent statements on the food and nutrition situation without the approval of the presidency.

Attempts to get a comment on how the directive will impact on the operations of KCB and Equity were unsuccessful. The Cooperative Bank opted not to comment.

EABL said it would be monitoring progress and take the cue from the Foreign Affairs ministry.

“We shall continue to monitor the situation as it unfolds,” EABL head of communications Joseph Sunday said in an e-mail.

The Foreign ministry also did not comment on how the move could impact on diplomatic relations with Kenya. It said it was yet to receive the circular.

Uganda’s State Minister of Foreign Affairs in charge of regional cooperation Asuman Kiyingi, said although Juba was autonomous and free to do as it pleased, this particular pronouncement was disconcerting.

Uganda hosts  more than 119,000 South Sudanese refugees.

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Juba backtracks on kicking foreign workers out as expected. Again!

South Sudan government officials now say they will ‘recall’ the order to expel expatriates and replace it with an ‘appeal’ to hire locals.

Kenya’s Ambassador to Juba Cleland Leshore told the Nation.co.ke he had been briefed by South Sudan’s Foreign Minister Marial Benjamin that the earlier order to eject foreign workers by mid next month was ‘incorrect.’

“He has informed me that they did not actually intend to chase away foreign nationals working here. What they wanted to do is appeal to companies to give priority to South Sudan. They have said they are going to correct that on Wednesday,” Mr Leshore said on phone from Juba.

On Tuesday, Juba told firms and NGOs to eject foreign workers in positions ranging from executive directors to receptionists by 15th of next month and replace them with “competent” south Sudanese. That country’s Labour Minister Ngor Kolong Ngor argued the move was meant to protect the rights and interests of the people of South Sudan.

The move excludes foreigners working in the UN system as well as consultants, but South Sudan was targeting hotels, aid agencies, oil companies, banks, telecoms, and tours and travel firms.

If they withdraw this order, it would be the third time Juba will be retreating from decision to expel foreigners. Two previous ones happened over the past three years, each being pulled out after intense criticism.

On Tuesday, Juba later denied it was ejecting anyone, even though the notice by the Labour Ministry said foreign workers in the named categories should cease working in South Sudan.

13,000 KENYANS

At least 13,000 of the initial 30,000 Kenyans returned to work in South Sudan after clashes subsided in June. Most work with the UN, others are consultants or business people but some work in Kenyan firms established in South Sudan such as Kenya Commercial Bank, Equity Bank, Cooperative Bank and the East African Breweries. Other firms are involved in insurance, ICT and air travel.

But Mr Leshore told the Nation that Kenyans working in South Sudan would not be affected with the order because most either fall out of the category of jobs mentioned in the order or are working with companies that have long started the integration programmes.

“Most of our companies in South Sudan such as banks have been building capacities for South Sudanese nationals to finally take over. I don’t think we would have been affected as much, maybe if the directive was announced four or five years ago,” he said on phone from Juba.

“Our companies such as KCB, Equity and Cooperative Bank have all exceeded the 80 per cent requirement for jobs going to South Sudanese nationals.

“We are very compliant. The few jobs that are still being held by Kenyans will eventually go to South Sudanese after these companies implement certain programmes. We may have worries in other sectors like hospitality but the advantage is Kenyans have great skill that will take years for locals to have.” he said.

This is because, he argued, Kenyan companies in South Sudan were already working on programmes to relinquish most of the positions.

South Sudan does not have a Labour Act and most of its labour decisions are still copied from Khartoum, though it has been trying to implement policies to accommodate South Sudanese into the workforce.

But just 27 per cent of the entire 8.3 million people are literate, according to the World Bank update for 2013. The percentage could be lower for those holding first university degrees.

The challenge, if Juba goes on with the controversial order, is whether firms will accept to be bulldozed into it and whether the region will still accept South Sudan into the East African

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Uganda warns S. Sudan against expelling foreign workers

September 17, 2014 (KAMPALA) – Uganda’s prime minister Amama Mbabazi says many Ugandan nationals would be affected if the South Sudanese government goes ahead with plans to expel foreign workers.

Mbabazi said Ugandan workers had played a vital role in the reconstruction process after South Sudan seceded from neighbouring Sudan in 2011.

In a statement broadcast on 97.3 Simba FM on Wednesday, Mbabazi called on Juba to retract it plans to dismiss Ugandan workers in South Sudan, warning it could jeopardise existing bilateral agreements between the two countries, saying these were signed on the understanding of mutual benefits to citizens of both countries in term of securing jobs and security measures.

“Ugandan citizens has right to move to South Sudan and South Sudanese had the same right to be in Uganda. I could not see the reason why our people should be subjected to leave from there,” Mbabazi told Simba FM.

South Sudan has since backtracked on moves to expel foreign nationals working in non-governmental organisations (NGOs) and private companies by mid-October reportedly after facing fierce criticism from its neighbours.

On Monday, the labour ministry released a directive, ordering NGOs and privately held businesses to dismiss foreign workers in specific jobs for “the interest of unemployed South Sudanese”.

The directive included both top management and non-management positions.

Uganda responded angrily to the move, with Mbabazi threatening to expel South Sudanese from Uganda and withdraw military support to the country.

The Ugandan People’s Defence Force was deployed to South Sudan at the request of president Salva Kiir to fight alongside the South Sudanese army (SPLA), which has been battling to contain a rebellion led by former vice-president Riek Machar since mid-December last year.

“If Juba continue threaten our citizens in South Sudan, we will ask our forces or UPDF to come back home,” said the Ugandan prime minister.

However, South Sudan’s labour minister, Ngor Kolong Ngor, now claims the decision to exclude foreigners from certain positions was “misunderstood”.

Kampala resident Mungu Stephen told Sudan Tribune on Wednesday that he supported the prime minister’s stance, adding that many Ugandans had suffered heavy losses and mistreatment at the hands of the SPLA and the police service in Juba.

He said it was unfair that Ugandans in South Sudan should be subject to arbitrary detention and arrest without proper reason.

Uganda has been the main importer for South Sudan before and after it gained independence from Sudan.

Many unskilled labour positions that could be filled by South Sudanese are currently occupied by Ugandan nationals.

However, observers warn that any moves to expel Ugandan workers would likely result in a bitter split between Kampala and Juba.

Speaking to reporters on Wednesday, foreign affairs minister Barnaba Marial Benjamin said that while under South Sudan’s labour regulations certain jobs were reserved for nationals, there was no immediate plans to expel foreign workers.

“There are no foreign workers being expelled even from our region whether they are Ugandans, Kenyans or Ethiopians, Eritreans or Egyptians,” said Benjamin.

“We would like this statement to be very clear,” he added.

(ST)

Ambassador Gordon Buay Malek: I Will Serve the Country with all my Energy

I Will Serve The Country With All My Energy

Public Statement

18/09/2014

I want to inform the people of South Sudan who congratulated me for being appointed as an Ambassador that I will serve the country with all my energy to secure its rightful place in the world. As the youngest country on earth, South Sudan is an emerging democracy whose government was popularly and democratically elected in 2010.

The violence which erupted in December, 2013 was orchestrated by individual politicians who mobilized tribal forces to fight the state by exploiting the backwardness and ignorance of the majority of our people who cannot differentiate between a state and a tribe. Majority of the people of South Sudan in rural areas define a state via the lenses of their cattle camps.

They don’t know that a state means organized authority over the country—meaning government and its pillars, such as Army, Police, Civil Service, Judiciary, the Executive, etc. Therefore, the political entrepreneurs who staged a coup on December, 15, 2013 exploited tribal sentiments and backwardness to unleash illegal violence against the state.

The international community must assist the government of South Sudan to inculcate nationalism in the minds of our people so that they live as one people one nation. The only solution to end violence in South Sudan is for the international community to assist the democratically elected government of South Sudan morally, politically and financially to deliver services to the rural areas so that farmers will resist politicians who want to use them as tools to destabilize the country.

The Transitional Constitution of the Republic of South Sudan has outlined procedures for any politician to come to power. One of them is through a democratic election. The use of force to topple a government is illegal everywhere including the kingdom of God. Therefore, the world must condemn anybody in South Sudan who resorts to the use of force to get to power.

Our constitution is very clear when it comes to getting into the palace. No one can come to power by breaking the window. The constitution says anybody who wants to come to power must come through the front door. Somebody cannot sneak in under cover of darkness to occupy the palace by breaking the window and then expect the people of South Sudan to support him. Breaking the window to get inside the house is by itself a criminal offense, let alone breaking into the palace to occupy a Presidential seat illegally.

In conclusion, I am urging all the people of South Sudan to stand behind the democratically elected government and condemn tribal violence that hampers socio-economic development of the country. The people of South Sudan must transcend tribal loyalties and stand behind President Kiir to develop the country under the motto of “One Nation One People”.

Gordon Buay, New York City

Email: gordonbuay@hotmail.com