Sshursa Condemns Dismissal Of Dr Luka Biong Deng!

Calls For President Kiir To Reverse His Order And Urges University Of Juba’s Administration To Defend Academic Freedom,

SSHURSA

Oct 25, 2015(Nyamilepedia) — The South Sudan Human Rights Society for Advocacy(SSHURSA) condemns in strongest terms possible the dismissal of Dr Luka Biong Deng from his lecturing position at University of Juba, South Sudan.

SSHURSA has learned with dismay that Dr Luka Biong Deng , the director of Centre for Peace and Development Studies at the University of Juba; has been summarily dismissed from his lecturing position and equally told to immediately leave South Sudan. This has been at an alleged order of South Sudan’s President Salva Kiir whom is said to have been angered by Dr Biong’s organising public discussion on the constitutionality of President Kiir’s recent ‘establishment order’ meant to alter South Sudan’s constitutionally stipulated ten states to 28 states.

The dismissal of Dr Biong from his lecturing position and subsequent expulsion from South Sudan, is unconstitutional and violates some provisions of South Sudan’s Bill of Rights as enshrined in the Transitional Constitution of South Sudan 2011(TCSS 2011). It also negates South Sudan’s pledged role to protect human rights as a member of African Union and United Nations whose human rights instruments protect freedoms of individual. Instead, President Kiir’s unfair act against Dr Biong, violates all these provisions. SSHURSA condemns such violations of personal freedom and public right to information as high-handedness of President Kiir.

Article 24(1) of TCSS 2011 states;

“every citizen shall have the right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to public order, safety or morals as prescribed by law”

President kiir violated the above provision by denying Dr Biong’s and pulic right to free speech. Article 25 of TCSS 2011 provides for the right to freedom of assembly and association. Article 32 of TCSS 2011 provides for every citizen’s right to access information while article 38(2)(a) of TCSS 2011 obliges national government to guarantee academic freedom at institutions of higher education.

By ordering dismissal and expulsion of Dr Biong, simply because he has organised a public discussion forum that avails citizens an opportunity to get information and debate on a matter (establishment order) that touches on their lives, President Kiir has violated all the above-mentioned constitutionally guaranteed rights.

SSHURSA further observes that Dr Biong was playing his duty as citizen in providing an avenue that allowed citizens to debate on a public matter and such discussion enhances the citizens’ constitutional duty of acting on guided and informed actions based on the interests of the nation in order to promote harmony, peace, unity, tolerance, democracy, good governance and rule of law which has been provided for under article 46(2)(b), (h) and (i) of the TCSS 2011.

President Kiir, as a citizen in the first place, has equally failed his duty to respect the rights of others as within the provision of article 46(2)(j) of the TCSS 2011.

Dr Biong’s constitutional rights to personal liberty and to fair trial under articles 12 and 19 of the TCSS 2011 have been too violated by this order. If President Kiir believed that the accused has violated any law of South Sudan which is untrue in this case, why didn’t the government charge him and try him before a competent court of law? A summary dismissal of the accused as this, amounted to violations of his rights to just treatment and fair trial guaranteed by law.

The order is direct curtailing of academic and public freedom of speech and is against the very values of freedom and human rights for which South Sudanese fought against successive dictatorial regimes of the Sudan.

President Kiir, as head of an independent state that is part of global community of nations, should stop disrespecting the pledged role of observing the African Charter on Human and Peoples’ Rights and United Nations human rights instruments. Some of these documents though South Sudan is not yet a state party however, by virtue of its membership, Salva Kiir, as head of South Sudan ought to be obliged to respect the values and human rights provisions of these entities, only by mere fact of South Sudan’s membership to these rights bodies.

SSHURSA urgently calls on President Salva Kiir to immediately reverse his dismissal order of Dr Biong, reinstates him, because the order remains unconstitutional, accords him(Biong) necessary respect and protection as he returns to South Sudan to continue offering his needed services to the people of South Sudan.

SSHURSA also urges the top administration of University of Juba not to shy away and simply succumbs to the unconstitutional order of the government. Instead, as public institution of higher learning, it should stand bold in protecting academic freedom and public right to information by rejecting dictates of the government which squarely violate the bill of rights in TCSS 2011.

End

SSHURSA is a non-political and non-profit-making national human rights organisation. It was founded on 5 June 2007, by South Sudanese lawyers and Law Students at Makerere Law Development Centre (LDC), Kampala, Uganda. In South Sudan, its operations started since 2009. VISION STATEMENT: “A democratic and human rights abiding South Sudan” MISSION STATEMENT: “To monitor, document and publish human rights status in South Sudan and to train general public on constitution, human rights, fundamental freedoms of an individual, transitional justice, rule of law and democracy to creating an informed, responsible, justice and good governance oriented South Sudan” For more information about above statement or SSHURSA, contact us on: E-mail: sshursa2007@gmail.com or visit our webpage: www.sshursa.org

8 comments

  • Globally,a removable from top Lecturing at University can happen in any country. SPLM Top Position’s officials Seekers are nightmares even they don’t mind the Gaps,but the Nuer policy of Dr.Riek Machar is also like that of Murle cattle Raids ideology.Why Murle/Enemy Genitals abducted Dinka’s Children and Raid Dinka Cattles,while Murle got the same like Dinka!

    • Jim Monyekak

      Beek,

      Your respone on the issue is misplaced, if not outright foolish. The article is about Dr. Biong´s dismissal from the Uni. of Juba. What does that have to do with Dr. Riak, Murles, enemy genitals, catttle raids etc,,? If you´re a jienge, then you have a serious paranoia, amnesia and psychose, a delusionary state of the mind that exhibits twisted logic characterized by fear, anxiety and apathy. You must have been a nuisance to your teachers during your primary school times and I bet you do not have any formal education, let alone a BA or BSc. If you do, then I do not know what constitutes intelligence at all. Good day.

  • GatNor

    Beek, the article is about Biong’s removal, not Nuers, not Murle, nor does it even mentioned Machar.

    You are paranoia is like that of a little toddler guarding a favorite toy from other children without clearly knowing exactly which one is out to snatch that toy.

    Luka seems not surprised by his removal in that he must have seen it coming. In addition, removal of educators learning institutions is not new as you said but the circumstances must be just and not undermined the individual’s rights. I do believe he was hired by the university under a legally binding contract that is between him and the said institution(university of Juba)

    Exploring any violation to that contract by both parties could lay the grounds for legitimate claims against either parties involved.

    Now there seems to interferences from outside parties not legally bind to that contract and that could be the one member of the JCE Riing Thic & the so called president(Kiir) and the university staff who executed Kiir and Riing’s orders for dismissal illegally, not even as the contract requires as per university institutions regulatory guidelines. This is serious by the way.

    Laws and orders guys. South Sudan can’t be run under the illegally declared laws of Jaang & their criminal Councils of Elders. In this case the long road to peace and destination UNITY will be foggy for generations.

  • Objective Thinker

    Dr. Luka Biong is a single minded, objective and liberal Dinka intellectual of the century. He is not bound by tribal hegemony in turning a wrong thing to be a right one simply to show allegiance to the Jieng community.

    • Thak Galou Riak

      All the citizens of disputed region of Abyei according to CPA signed between GOS and SPLM 2005, legally are part of Republic of Sudan until a credible referendum is conducted to determine their future, as such, all should be barred from holding any constitutional post in the Republic of south Sudan temporarily until the fate of their region is decided, Kiir should immediately ask General. Pieng Deng the inspector General of police to resign, Riek Machar, Pagan Amum and Dr.lam Akol and others who are likely to nominate candidates to fill in constitutional post on the next should not repeat this obvious mistake again. Allowed foreigners to hold constitutional post is part of the problem we are facing today. Please take a deep breath and think , right now legally, people of Abyei are Sudanese, not South Sudanese.