Voice of the unheard & home to the homeless
Front Page  ŕ—»ž
«Š„š»— «Šŕ«„
 
 Latest News
 
 Articles and Analysies
 
 Press Releases
 
 Photo Gallery
 
 About Sudan
 
 Cards
 
  Sudanese Music
  Sudanese Links
  Discussion Board
 
  2006 News Archives
 
  2006 Articles Archives
  2006 Press R.Archives
 
  2005 News Archives
 
  2005 Articles Archives
  2005 Press R.Archives
  PC&Internet Forum
  Poll System
  Tell A Friend
  Upload Your Picture
  Contact Us


Search

Articles and Analysies «Š’›Õ… «Šŕ—»Ū… Last Updated: Dec 20, 2009 - 3:34:53 PM

Dilemmas of CPA and Mechanism of Self-determination By James Okuk
Sudaneseonline.com

Email this article
 Printer friendly page

Dilemmas of CPA and Mechanism of Self-determination  

 

By James Okuk  

 

I am writing again here to remind my readers of the article I wrote in 2007 regarding what I saw a head as some dilemmas inherent in the Comprehensive Peace Agreement (CPA) between the Government of the Sudan (GoS) and the Pseudo-government of Sudan People‚Äôs Liberation Movement/Army (SPLM/A). Now with the opening of serious discussions on Referendum Commission and Referendum Law, the dilemmas I enumerated are getting revealed slowly.    

 

Some people have already leveled me as determined pathological killer of the SPLM, but as far as I know myself, I do not wish the SPLM any incident or accident of death. I can accept this historic movement to give birth to different bodies (SPLM-DC or SPLM-whatever) if it cannot stay together as one body. I will not accept that the SPLM should die totally. That is why I become more concern and alertive when this historic movement becomes sickened and strangled by bad leadership.  

 

Lest you misunderstand me, my criticism aims at keeping the SPLM on toes so that it does not forget its sole objectives or deviate from good deeds that should trickle down to the marginalized masses that have been neglected to linger in poverty on their own rich Motherland. I know it very well that the fallen heroes/heroines and martyrs of the struggle will curse me alive if I let down their good wishes for the prosperity of these masses. I do not envy SPLM leaders and members driving expensive cars and enjoying luxury but I hate life of luxury in the midst of mass poverty, it contradicts the meaning of liberation from cliques‚Äô controls and selfishness of power and wealth. Africans are known for their spirit of sharing and solidarity for the weaker and the poor.  

 

The First dilemma: the de facto and de jure status of the Government of the Republic of the Sudan (GOS) and the Sudan People‚Äôs Liberation Movement/Army (SPLM/A); the two parties who decided to give birth to the CPA, has become obsolete. GOS has transformed itself into a different image with its current levels (of Government of National Unity, Government of Southern Sudan, Government of States, and Local Government), which are comprised of multi-party representations as stipulated in the CPA. Thus, the CPA government is no more synonymous to National Congress ruling party (NCP) and its previous cronies from other political parties.  

 

Also the SPLM/A has transformed itself into a political party called SPLM, which is separated administratively from the independent standing army of Southern Sudan called SPLA whose Commander-In-Chief is the President of the Government of Southern Sudan (GoSS). From then, the SPLM/A was no more a pseudo-government (with legislature, executive and judiciary arms) as it used to be in the liberated areas before the CPA. This means that, H.E. Salva Kiir is only the C-In-C of the SPLA by virtue of GoSS and not by virtue of being the Chairman of the SPLM political party.  

 

The CPA gave both the NCP and the SPLM the lion share in governments in the North and South respectively prior and pending the formation of the new governments (in the South and North) after the results of the mid-term elections (February, 2010). This control has extended to the two independent standing armies (the SPLA in the South and the SAF in the North) and also to other agreed armed forces (Civil, Fire-Brigade, Wildlife and Prison Polices respectively) but not the militias or other paramilitaries.  

 

The motive behind these separate controls was the deterrent from any possible worse political deviation by any of the partners or any of the opposing political parties. Other represented supporting political parties in the government will only be a minority or a disguised of the two partners until the mid-term elections change the share of power according to magnitude of people‚Äôs votes gained by the contesting political parties or individuals, pertinent to the Elections Law that has been promulgated in accordance with the provisions of the interim National Constitution (including the CPA provisions) for guiding the elections procedures.  

 

The Second Dilemma of the CPA is in regard of the People of Southern Sudan versus the black people of Southern Kordoan (Nuba), Blue Nile (Funj) and Northern Kordofan (Dinka Ngok of Abyei) states who are located Northern Sudan. Those people struggled seriously side by side with Southerners in SPLM/A in its wish to liberate the whole Sudan and abolish the vices of marginalization and colonization of the periphery by the centre.  

 

When the wish of the people of Transitional Areas was impaired by the corrective Nasir Declaration and the Split of SPLM/A in 1991 for including the right of the people of Southern Sudan for Self-determination in the SPLM/A agenda, the paradigm of the New Sudan came up strongly to woo these northerners from disserting. Because that paradigm was vague and based on military victory for liberation and not on political dialogue, those Northern comrades thought this ideology would continue to address their grievances. However, they did not think that the New Sudan ideology could mean Southern Sudan liberated from the North by political negotiations and compromise as it had happened in the Comprehensive Peace Agreement (CPA).  

 

But, though the CPA was meant to solve the problem of the South in reference to the North, yet it has been controlled by the two partners (SPLM/A & NCP/SAF) who are totally different and extreme in their power visions. The NCP is Pro-Islamic Sudan because it is controlled by Islamists Arab Northerners who see themselves as superior Sudanese. The SPLM is Pro-Secular Sudan because it is controlled by African Southerners (mostly Christians) and a pocket of some communist Arab Northerners.  

 

Both the NCP and the SPLM have not been faithful partners to the North-South paradigm, which made it easier for the power and wealth sharing and security arrangement in the CPA.  The SPLM still holds to its old paradigm of Liberated Areas in the disguise of New Sudan while the NCP still imposes the Sharia law and other Islamic norms in Khartoum and other parts of Northern Sudan. Ask the drunkards in the North and they will explain to you more (100 lashes) what I mean here.  

 

The Third dilemma is that though the two native CPA partners defined Southern and Northern Sudan Geo-politically (cf. Interim Constitution of Southern Sudan, 2005, Ch.I, art.1), they have not done it Anthro-politically. That is, they have identified the land territory and the type of government but they have not constitutionally defined the people who inhabit that land and territory. They have not bothered to define who is a Southern Sudanese as well as who is a Northern Sudanese. Is the Northerner or the Southerner defined by the:  

1) Residential Status where everybody who has settled legally for a long time (ten years and above) in either Northern or Southern Sudan becomes identified with it;  

2) Ethnic Status where someone is identified by the location of the tribe he belongs to even if he/she does not live within that location. For example, if my tribe is Collo(Shilluk) whose original land falls within the vicinity of Southern Sudan borders of 1/1/1956, I should belong there even if I am settled officially elsewhere (in Khartoum or Washington DC). Also if my tribe is Jahali whose root settlement falls within Northern territory, then I should belong there even if I was born and lived in Malakal in Southern Sudan;  

3) Racial Status where a black African Sudanese is seen as a Southerner and a Brown Afro-Arab Sudanese is seen as a Northerner. For example, a black Nuba or a Funj person is seen as a Southerner by most of Southerners and Northerners; likewise, they see the brown Afro-Arabs only as Northerners. This definitional and identificational negligence has put Ngok Dinka of Abyei Area, the black African races who fall within the Northern border of the British colonialists of 1/1/1956, and the Malakias (Afro-Arabs) group who mostly live in Malakal Town into a pathetic political situation within the agreed North-South and Arab-African paradigms in the CPA.  

 

Abyei Area (with its residents: the Nine Ngok Dinka, Misseriya and other Arab nomadic peoples, etc) is only defined by CPA as a bridge between the people of the Northern and Southern Sudan, pending the result of the referendum for self-determination. Its residents neither belong to any of these territories fully. They can be seen as unreliable for reflecting the interests of the North or South specifically in any decision-making position given them in GoNU or GoSS. Southerners may sympathize with Abyei Dinka on ethnic basis but not residentially because they are not alone in that Area. Other Abyei Area residents are going to determine its fate as well during the simultaneous referendum for self-determination in 2011, so that the Area becomes either part of Bahr El Ghazal or continue to be part of Northern Sudan (CPA, Ch.IV, 1.3, a.b). Unpredictable destiny!  

 

The Fourth dilemma: what will be the paradigms for the mid-term general elections? Shall it be South-North or African-Arab or Registered Political Parties for democratic competition for government power? Should the political parties be forced to adopt the CPA‚Äôs South-North & African/Arab paradigms (particularly Ch.II, 2.3.5 & 2.3.7) conditioning the structure of the presidency and president of GoSS? Regarding this paradigms, how did Southerners feel when, for example, H.E. Salva Kiir rose up in a morning with a decision replacing the Foreign Minister H.E. Dr. Lam Akol who was a SPLM member from the South with a SPLM Northerner ‚Äď pending the results of simultaneous self-determination for Abyei Area ‚Äď (H.E. Deng Alor)?  

 

How will they feel if they see Kiir replacing the Vice President of GoSS (H.E. Dr. Riek Machar) who is a SPLM Southerner with a prominent politician who is a SPLM Northerner (e.g. Hon. Yaser Arman)? With no doubt, Southerners will immediately criticize H.E. Kiir for selling out the rights of Southerners in the CPA‚Äôs lion share, though they know that those Northerners have been struggling together with Southerners in SPLM/A for decades. This dilemma is generated because CPA is not based on Political Parties‚Äô identification but on regional and racial categorization (North-South and Arabs-Africans).  

 

The Fifth dilemma is that whose force should the SAF and the SPLA be during the interim period of the CPA? Should SAF be controlled by NCP rather than by GoNU? Should SPLA be the monopoly of SPLM rather than of GoSS? If it happened that NCP or SPLM lost elections shall the Non-NCP/SPLM elected president of the Sudan or elected president of the GoSS be the C-in-C of (SAF) and C-in-C of SPLA respectively? Should these two standing armies be identified with NCP and SPLM political parties? According to ideals of democracy, a country army should always be nationalized and never politicized for the sake of protecting the sovereignty of the Republic.  

 

The Sixth dilemma is the arrangement for the exercise of the right of self-determination for the people of Southern Sudan and Abyei Area by the two native partners of the CPA by the end of interim period. Does the politics employed by the SPLM and NCP to make unity of the Sudan attractive (for the people of Southern Sudan) imply making secession unattractive before these people determine their independence fate? Who shall be the GOS by then when it had been transfigured into a different shape? Shall it be the NCP? Who shall be the SPLM/A when it had become separated into SPLM as a political party and SPLA as a military army? Shall it be SPLM or SPLA? Shall SPLA change its name to fit within the context of GoSS rather than the whole Sudan? For example, change it from SPLA to South Sudan People‚Äôs Army (SSPA). In short, which parties are the present signatories of the CPA when the old parties who signed it have transfigured themselves though the individuals who appended their signatures on the CPA documents are still there? What will be the role of the elected government by then on the agreed plebiscite if they happened to be Non-NCP/SPLM political parties?  

 

All the questioned asked in this article puts a critical concerned Sudanese citizen into serious political dilemmas. These are dangerous dilemma in the Sudanese government and party politics. It needs to be resolved clearly by the two partners in consultation with other major political parties in the country so that the people get assured of the desired outcome of the CPA without succumbing to rush hour crises. But since dilemmas are resolvable through prudent leadership, I think what is needed in the Sudan is a better change of leadership that is capable of understanding the spirit and letter of the CPA and its implementation modalities.  

 

Based on the above scenarios, a reflective person is forced to ask these questions: Will NCP and SPLM still be the North-South government majority partners after the mid-term general elections in 2010? How will they organize jointly the referendum for Self-determination of the People of Southern Sudan and Abyei Area in 2011 (CPA, Ch.I, 2.5, Ch.IV, 1.1.1) when their statuses had changed from governments to political parties? Will they still do it as political parties who are partners if they happened to be voted out of the government by the people in the 2010 elections?  

 

Having identified the CPA dilemmas and being optimistic that they could get resolved, let me turn to the mechanism of the exercise of the right for self-determination for the people of Southern Sudan, which is being deliberated by the SPLM and NCP these days?  But to be on the right track, let me clarify that this right is not an end in itself but only a mechanism or a procedure for achieving two options: Affirming the Unity of the Sudan as it stand now or Separating Southern Sudan so that it could become an independent African country neighboring the North Sudan Country (or whatever name they will give it after the separation).  

 

The where-about of the Referendum Commission has already been provided in the CPA, Khartoum not Juba. There is no need to create unnecessary trouble by proposing Juba because this will amount to re-negotiating the CPA.  

 

The who-about of this Commission has already been identified to be comprising of Nine members including the chairperson. However, to say that it should be headed and chaired by a staunch pro-separatist will be unfair and extreme because the exercise is meant to find out scientifically and technically whether it is the majority or the minority that wants separation of the South from the North.  It is two free options not one option.  

 

If I were appointed as the head of this Commission I will decline because I am a separatist and will make sure that I dictate the process and rig its results to suit my desire. Therefore, I think it is fair to give the chairpersonship of the Referendum Commission to a neutral person who is neither a pro-separatist nor a pro-unionist. Justice must be done in the formation of Referendum Commission so that the different voices of the people of Southern Sudan and Abyei Area are given equal opportunity and a fair chance to compete on Separation or Unity. It should not be forgotten that there will be people who will not vote for either options, their neutrality should be respected.  

 

Though a separatist, I will not impose my position on the people of Southern Sudan and Abyei Area; I will accept the lost and join the majority who will exercise this right if they happened to be pro-unionists. I will congratulate them and tack my separation tail between my leg in respect to the rule of transparent and free democracy. I also expect the same from unionists.


 

James Okuk is a Democratic Separatist Southerner and PhD Student in the University of Nairobi, he can be reached at: [email protected]

© Copyright by SudaneseOnline.com


Please feel free to send us your Articles , Analysies news and press releases to [email protected]

Top of Page



This report does not necessarily reflect the views of Sudanese Online.com

[an error occurred while processing this directive]

Articles and Analysies
  • Political Divorce a lesson for both the Sudan and the rest of Africa.By: Justin Ambago Ramba
  • China has been silent about the war in Darfur in order to reap the benefits from Sudanese oil and the sale of Chinese weapons to the Sudanese government by Jaafar Mirmar
  • Sleeping with the Devil:When the US goes the wrong way in Sudan by Ibrahim Ali Ibrahim -Washington, DC
  • South Sudan is never too young for an independent state By Atok Dan Baguoot
  • Making Justice is a Political pinyana in south Sudan. By: Daniel Abushery Daniel
  • A letter to UN Secretary General by Dr. Mohamed Ali Mustafa
  • Kiir Promises Clean Water while the Food continues to come from Uganda. By: Justin Ambago Ramba
  • Why Egypt Threatens the Africans over their own Water By Izzadine Abdul Rasoul
  • Let the Debate Boil Down to the ReferendumÖ Not a Dead Unity!! By: Luk Kuth Dak.
  • No Negotiation with Al-Bashir Government even if the venue is in white House By: Abdellatif Abdelrahman
  • NCP: End this Ignoble Episode By Usman Ibn Foda-CRID, Abuja
  • Idriss Deby, The Ultimate Hater of South Sudanese! By: Luk Kuth Dak.
  • To Salva Kiir: Donít Fuel Athorís Rebellion By Dr. James Okuk
  • Why NCP blackmails the AU, UN Forces in Darfur?By : Abdellatif Abdelrahman.
  • A Tougher Obama is needed to secure a Peaceful Divorce in Sudan. By: Dr. Justin Ambago Ramba, MD.
  • Lam Akolís Flunkies Are His Worst Enemies!! By Luk Kuth Dak:
  • Dr. Josephine Laguís case exposes the nasty face of tribal politics in south Sudan. By: Justin Ambago Ramba, MD.
  • Should Padang-Dinka community continue silent over Jongeli incident? By Atok Dan Baguoot
  • Why Dr. Lam Akol Shouldnít Be The Minister Of Foreign Affairs!! By: Luk Kuth Dak.
  • The Not Inevitable War in Sudan: Goss vs. NPC By: Dr. Mohamed N Bushara
  • Agarís snub on south Sudanís independence must cease. By: Justin Ambago Ramba.
  • Scandalous Pipes Market Disaster or the Ponzi scheme in El-Fasher By Mahmoud A. Suleiman
  • Is American policy over Sudan invidious? By Izzadine Abdul Rasoul
  • An Independent South Sudan Is Vital to USA!! By Luk Kuth Dak
  • Letís SPLM Political Bureau be answerable to all current messes in the South By Atok Dan Baguoot
  • How bitter the injustice suffered, south Sudan must still come first. By: Justin Ambago Ramba.
  • Panaruu-Dinka historical, political naivety and leniency towards the SPLM by Atok Dan Baguoot
  • Western Equatoria: The will to resist and succeed. By: Justin Ambago Ramba.
  • Sudan Elections 2010: Defective beyond repair! By Arman Muhammad Ahmad
  • A Unified Sudanese Currency II by Abdel - Halim Anwar Mohamed Ahmed Mahgoub
  • voting in election is hallmark of demcracy by Siddik, Nadir Hashim
  • The Rigged Elections Boxes Should Be Disqualified By Dr. James Okuk
  • General election of Sudan By Aru Mayan:
  • Nasir Declaration was a well calculated move to destroy the Nuer tribe by Simon R. Gatluak,
  • the manifesto of the Sudanese Emancipation United Movement (SEUM) by Aguer Rual
  • When confusion steps in, then only a genuine change can help. By: Justin Ambago Ramba, MD.
  • Letís your vote not throttle the CPA By Atok Dan
  • Watch out; is your transport fee to your voting centre available? By Atok Dan Baguoot
  • Delaying the Election is not a Good Option by Nhial K. Wicleek lives in Canada.
  • Are Independent candidates still SPLM members? I doubt BY: Isaiah Abraham, JUBA
  • The SPLM Party Is The Answer: By: Luk Kuth Dak.
  • Dose general Scott Gration Understand get lost? by Hatim Elmedani*
  • SPLM Tactics of Scaring Away Voters in Southern Sudan By Dr. James Okuk
  • Civil liberty must precede the civil divorce. By: Justin Ambago Ramba, MD.
  • Seeking Justices for the Rape Victims of Terekeka.By: Justin Ambago Ramba, MD.
  • Will the National Election in Sudan takes place? By Federico Vuni
  • Southerners have better reasons to vote for H.E Salva Kiir Mayardit By: Gieth A. Dauson
  • Dr. Lam Akol SPLM-DC candidate reveals early defeat in Sudan April elections By Magdelina John
  • National Interest first By Kenjok D, Bentiu
  • Kiir declares the Central Equatoria State votes as insignificant! By: Justin Ambago Ramba, MD.
  • Go to Hague! by Hatim El-Medani
  • Vote for Salva, Vote for Change, is it a Joke? Nhial K. Wicleek lives in Canada
  • President Kiir and VP Machar campaign rally in Bor, Jonglei is historic BY: Mawut Guarak , NEW YORK , USA
  • Watch out SPLA/M by Dr. Mawien Akot is a family physician in Wynyard, Canada.
  • Rushing or NOT, the CPA ends in 2011, IGAD reiterates! By: Justin Ambago Ramba, MD.
  • Medical Registrars threatening to go on strike over pay increase by By Federico Vuni
  • Your vote may land us into trouble! By: Justin Ambago Ramba, MD.
  • The Future Of South Sudan Will Be Brighter Than Others Think! By: Luk Kuth Dak.
  • Opinion Poll on nominees for South Sudan Government by Shean Ashang
  • GOSS Corruption: Minister Awut Deng stops recruitment of diplomats BY: David Joseph Lomoro, JUBAs
  • Lam Akol set to meet his Waterloo By Majok Nikodemo Arou
  • Stop the Humanitarian Blockade of Jebel Marra, Darfur BY Dr. Anne Bartlett
  • Who is best leader for South Sudan after April? By DJames Okuk
  • Southerners have Perfected Political Hypocrisy and are becoming vendors.By: Justin Ambago Ramba, MD.
  • (JEM) has not intended to keep the Fellow Combatants out of the Darfur Peace Process By Mahmoud A. Suleiman