Rebels Press Release: Hon. Michael Makuei Blames Troika for Crisis in South Sudan

Makuei Lueth: US, UK and Norway wants a regime change in South Sudan

PRESS RELEASE 01 Oct 2014

CONCERNS OVER THE GOVERNMENT OF THE REPUBLIC OF SOUTH SUDAN’S
INTRANSIGENCE IN THE PEACE PROCESS

The SPLM/SPLA is deeply concerned by the latest statements made by the Minister of  Information and Public Broadcasting, also the Spokesperson for the Government of the Republic  of South Sudan (GRSS). The Minister of Information, in a press statement released on  30/09/2014 over the BBC Focus on Africa program, stated that they: “…want the venue to be changed as well as the Chief Mediator…”

The minister went on to say that the Chief Mediator: “…was being influenced by others…which is America, Britain and the Norwegian, these are the Troika members who are in control…” The  Minister of Information and Public Broadcasting went as far as accusing the Troika member states of trying to force “regime change” and being “responsible for the beginning of the crisis” in the Republic of South Sudan, abandoning the coup narrative in the process.

The SPLM/SPLA though deeply shocked by these statements, is not surprised by this lack of seriousness from the other party to the conflict (GRSS), as this is part of their modus operandi. The GRSS has continuously (since January) been undermining the peace process in Ethiopia, and this is just the latest delaying tactic in a strategy to ensure the failure of the peace process.

The GRSS’s intransigence started with the violations of the agreements on the Political Detainees and the Cessation of Hostilities (CoH). These agreements were signed in January, yet the last of the detainees was released in April (after the courts failed to prove treason charges).

The GRSS has in addition been on the offensive, and has since January illegally occupied territories previously under the control of SPLM/SPLA, in violation of the CoH Agreement. The Obstinate resistance to finding a negotiated settlement to the South Sudan Conflict continued on 13/09/2014, when the GRSS violated the right to freedom of movement of the Chairman of the SPLM-DC.

The Chairman of SPLM-DC was accused of having presidential ambitions and in addition to being prevented from attending the talks, was replaced by Presidential Decree and a new leader of the opposition appointed by the leader of the Government (the President of RSS).

The statements made by the Minister of Information and Public Broadcasting also the Spokesperson for the government are deplorable. This is just another delaying tactic by a government that is not serious about peace and is abusing the goodwill of IGAD, the AU and Troika. The shifting of the Peace Talks from Ethiopia would just be an unnecessary delay of peace and would only prolong the suffering of the people of South Sudan.

The SPLM/SPLA would like to restate its full confidence in the IGAD peace process in Ethiopia and in the leadership of Ambassador Seyoum Mesfin in the Office of the Special Envoys for South Sudan (OSESS). The SPLM/SPLA implores the world to join in condemning this latest attempt by the GRSS to delay peace and prolong the suffering of the people of South Sudan.

It is time for the IGAD member States, the AU, Troika, EU and all peace loving people of the world to use their leverage on the GRSS to persuade them to negotiate in good faith.

Signed

MABIOR GARANG DE MABIOR (CHAIRPERSON)
NATIONAL COMMITTEE FOR INFORMATION AND PUBLIC RELATIONS..

Who is going to compensate victims of road accidents by uninsured drivers? (Part 2)

By Daniel Machar Dhieu, Juba, South Sudan

Road accidents are majorly known for death and disability to the people. For instance we had experienced many accidents in our country including Monday 29^th September 2014 the most dangerous accident caused by Bakulu bus that claimed lived of over 50 people according to South Sudan television majorly known SSTV. Those who lost their lives through this bus are not guilty of their own but they were victimized by untimely accident that force them to lost and also force us to miss them until no hope to meet them again.

The reason of taking pen on this dangerous matter is only to wake-up insurance companies especially the concerned insurance company for Bakulu to have a victim fund monitoring department in-order to compensate the families of deceased that lost their beloved, because these people were not victim of themselves. There is a big concern both the families and the government at large.

I know many people would like to understand the concept of a victim fund. Basically, a victim fund provides a modality of compensation for victims of crimes who have no other means of recovery. Funds reimburse a wide variety of expenses that are related to a criminal injury. They cover not only medical costs, but also expenses for counseling, housekeeping, funerals and even crime scene cleanup, and they will kick in for lost wages.

The majority of these funds are set up and administrated on a state level, but all benefit from the resources of the Federal Crime Victims Fund. Funding comes from fines and penalties that are label against criminals or traffic offenders.

The list of covered crimes is extensive. Victims of rape, child molestation, drunken driving and hit-and-run accidents all qualify for funds, as do family members of those murdered. A few funds cover any car accident where damages are not covered by any other means.

In South Sudan crimes activities are not monitor properly because of little knowledge people have in the field. This has make rate of crimes increase throughout the year. However, there are a number of requirements that must be met before you can file a claim. These vary by state, but there are some common elements as constitution is concern.

In normal procedure, you must be the victim of a violent crime, or the family or dependent of a deceased victim, in the state you are filing for victims compensation. Most states require a victim to report the crime within 72 hours, and the claimant must fully comply with the police and prosecutors. Victims are required to file a claim within a certain amount of time. However, the insure here will not comply with that ideology as sometime the process would be judge by the case itself.

Baakulu bus that crashed head-on on the Jub-Nimule Highway, near Nesitu

For example, Bakulu accident that took place on Monday 29^th September 2014 that killed 56 people would likely be different from above process or procedure. Those victims who lost their lives may not face the prosecutor in present but the concern families may claims on their part at least to received compensation from the insurance company.  If eligible, the application process is fairly straightforward. Applications are available can be well presented to the proper department. The claim will then be investigated and if further information is required the claim investigator will contact you. Victim funds are absolutely a payer of last resort.

The writer is not interesting in a victim fund policy; I have no interest at all on this compensation. My view is base on charity heart for remarks and remembering of those who lost their lives and already left their families alarming many challenges. I would like to awake all the readers to understand and make crucial analyses on this compensation that would be paid to third party by the first and second party.

Accidents are mainly affecting our daily lives and I always blame the drivers for always making us lost our relatives, friends and all other humans living in the country. I’m requesting traffic authority to verify the entire drivers permit and also track out their age plus their status.

Therefore, I would like to inform traffic authority to acknowledge all the drivers and make sure they learned traffic norms and signs. Traffic authority has right to directs all drivers to drive on normal speech and mandate them not to drive while drinking and avoid using phone while driving by fulfilling these instructions the rate of accident will be reduce.

The writer is the student at South Sudan Christian University Juba, Gudele. You can contact me on machardieu@gmail.com or 0956408640

South Sudan: National Security Bill

Natl Security Service Bill 2014

——-

AMNESTY INTERNATIONAL

MEDIA ADVISORY

30 SEPTEMBER 2014

South Sudan: Parliament must reject new security bill with excessive powers

Amnesty International spokespeople available for interview

South Sudan’s National Security Service (NSS) will be granted sweeping powers to arrest, detain, seize property and conduct searches if a fundamentally flawed bill currently before parliament becomes law, warned Amnesty International today.

“The bill grants the National Security Service virtually unrestricted powers of arrest, search and seizure and is at odds with South Sudan’s Transitional Constitution and with regional and international human rights law and standards. It should not be passed in its current form,” said Elizabeth Deng, South Sudan researcher with Amnesty International.

“While the National Security Service urgently needs a legal mandate, any law passed must ensure appropriate limits on its powers and provide individuals adequate opportunity for redress. It grants officers immunity from criminal proceedings, opening the door to impunity.”

Parliament should also improve public dissemination of the draft bill and all other bills being considered. It should make every effort to ensure easy, prompt, effective and practical access to these bills by citizens across the country.

Amnesty International reviewed the draft bill presented on Monday to the National Legislative Assembly. It will be debated again on Wednesday.

Talking points

• Excessive powers of arrest, detention, search and seizure.
• Absence of provisions for accountability for members of the NSS.
• Failure to provide guarantees required under international human rights law.

Background

Since South Sudan gained independence in 2011, the National Security Service (NSS) has operated with no legal mandate. The bill to define and delimit NSS powers was drafted by the Ministry of Justice and submitted to the National Legislative Assembly (NLA) in May 2014. The third reading is scheduled to take place on Wednesday.

NSS officers have engaged in unlawful arrests and detentions. In particular, since the outbreak of conflict in December 2013, they have played a particular role in undermining the right to freedom of expression by harassing, intimidating and arbitrarily detaining journalists. (link to http://www.amnesty.org/en/library/info/AFR65/007/2014/en)

Additional comments on the bill:

• While the Transitional Constitution provides that the mandate of NSS should focus on “information gathering, analysis and advice to the relevant authorities,” the bill grants the NSS extremely broad functions and powers in relation to arrest, detention, search and seizure. To remain within its constitutional mandate for intelligence-gathering and analysis, all police powers, including arrest, detention, search and seizure should be carried out by a different and appropriate law enforcement agency, in a lawful manner;

• Bearing in mind that the NSS’s mandate does not constitutionally extend to arrest and detention, the provisions in relation to arrest contradict constitutional requirements that a person must be informed about the reasons of arrest at the moment of arrest and be presented to a judicial authority within 24 hours. The current draft contains only the obligation to inform a person about “charges” within 24 hours;

• Bearing in mind that the NSS’s mandate does not constitutionally extend to arrest and detention, the provisions in relation to arrest fail to provide due process guarantees required under regional and international human rights law, including: the right to remain silent; the right to effective defense; the right to challenge the lawfulness of arrest; the right to communicate in private with a lawyer. The right to access a lawyer and to communicate with family are subject to vague limitations;

• Bearing in mind that the NSS’s mandate does not constitutionally extend to arrest and detention, the bill does not specify permissible places of detention;

• The bill grants the NSS powers to collect, search for and seize information without specifying the necessary criteria or scope for use of these powers and without providing for any restrictions or procedures that must be followed. There are no controls for the use of these powers and safeguards against abuse. Though the bill states that NSS officers “shall exercise all powers of the police under the applicable police service law and criminal procedure laws,” it should make clear that requirements for judicial oversight and obtaining warrants described in these laws also apply to NSS officers;

• The bill fails to provide for effective oversight. It provides that complaints against the NSS should be made to the NSS itself and that, where complaints are made to any other public institution, these should be forwarded to the NSS. The bill fails to specify procedures for the handling of complaints, the rights of victims, possible remedies or oversight for the handling of complaints;

• The bill does not sufficiently provide for accountability of members of the NSS; Unlawful behavior by NSS members is mainly subject to a special tribunal. The bill grants members of the NSS immunity from criminal proceedings unless authorized by the Minister or Director General;

• The death penalty should be removed as a punishment for criminal offences defined in the bill.

With the above in mind, Amnesty International is calling for members of parliament to vote against the bill and to ensure that the bill is revised so that it is in keeping with the limited constitutional mandate of the NSS and complies with regional and international human rights law.

To arrange an interview with Elizabeth Deng, please contact: +254 739 354 262

Who is going to compensate victims of road accidents by uninsured drivers? (part one)

By Daniel Machar Dhieu, Juba, South Sudan

Road Accidents are becoming part depopulation and enemy of our daily lives these days. Since the January 2014 throughout the year there is high number of people reported (who) lost their lives on our roads and people continue to die in road accidents.

And yet the more our road infrastructure is being improved, the more accidents and casualties we have by then and now. The question remained; Is there a solution to prevent road accidents? What about compensation of victims of accident by uninsured drivers? Who is going to compensate victims of road accidents by uninsured drivers?

In South Sudan, road accidents and their mounting human and material costs are subjects that we have found to be very alarming in some areas such as Juba town, Bor, Yei, Bahr-El-Ghazal region and more especially Nimule Highway. The attention of the authorities concerned have been drawn many times but we are yet to see anything substantial being done about these problems which are now becoming a national issue.

Sooner or later the authorities need to take remedial actions and put all their efforts into constructive and positive decisions to combat road accidents by the elimination of certain vehicles on our roads. I would be thankful to South Sudan authority if they government would form a committee to evaluate activities done by some of transporting agencies and importantly put some measures on table.

Especially, more debate on Bakulu and baby coach companies should be the first priority to discuss. The committee should also more investigation on these companies at-least to avail their vision, mission and mandate of their companies to the committee. For example, Bakulu coach has involved into three terrible accidence killing over hundreds of people within  this year.

Baakulu bus that crashed head-on on the Jub-Nimule Highway, near Nesitu

Time and again, we have noticed the constant increasing vehicle population in South Sudan and we don’t have much road safety protection. Road safety measure is going to be tremendously affected because vehicle imports are continuing at a steady, regardless of whether we have the physical and human resources and capacity to deal with this unnerving attribute of modernization.

Clearly, vehicle imports need to be guided by a rational policy based on ground realities and national priorities. Let us not run away with the illusion that this steady influx of vehicles puts us on the fast highway to progress.

All this would necessitate a stronger and more effective police presence on our highways and we are quite aware that our police force is not effective in road safety measures. It is for these reasons that a comprehensive, multidisciplinary evaluation of our traffic problem is needed.

The volume of vehicles in our young nation is creating worry and constant road congestion not only at peak hours but also throughout the whole day at a daily level due to the shortage of highways we have to accommodate the amount of vehicles. So our government needs to take actions and measures to put a stop on the importation of vehicles if there is nothing put in place to guide this problem.

It is high time also for the government to get rid of some old types of vehicles which are not roadworthy at all. Moreover, strict rules and regulations should be laid down regarding the conditions under construction and use of some vehicles from some countries which do not conform with our road safety and the physical road structure of our country.

Last but not least, it is vital that the Minister of Transport and the representative body of insurance companies come to an agreement to establish a special body such as “Motor Insurers’ Bureau” just like in other developed countries. The Bureau should be given the task of paying compensation to third party victims of any road accident in circumstances where insurance claims could not legally be made because the vehicles involved were not insured or not effectively insured.

It is important that an injured party be able to establish negligence against the driver of a vehicle so that the said injured party be awarded compensation from the Bureau. The Bureau should act upon the decision of a court of law. Next is part two

Th writer is the student at South Sudan Christian University in Juba, Gudele. You can contact me on machardieu@gmail.com or 095640860