Contributor's Opinion South Sudan

Hybrid Court for South Sudan (HCSS) Must Wait And Be “On Hold “Indefinitely For The Entire Period of Transitional Government.

By Bol Luak,

Kenyan President, Uhuru Kenyatta, hard talking president Salva Kiir after refusing to sign the peace agreement on August 17, 2015 in Addis Ababa. Kiir signed the document 7 days later(Photo: file)
Kenyan President, Uhuru Kenyatta, hard talking president Salva Kiir after refusing to sign the peace agreement on August 17, 2015 in Addis Ababa. Kiir signed the document 7 days later(Photo: file)

June 16, 2016(Nyamilepedia) —- The recent publications of an article by New York Time Magazine website where the Presidency of south Sudan comprising of President Salva Kiir and First Vice President Dr. Riek Machar allegedly call for suspension of Article III in Chapter V of the Agreement on Resolution of Conflict In South Sudan (ARCISS) has generated a lots of controversy over the past few weeks, whereas press secretaries issued contradicting statement regarding the knowledge of what appear to have been co-author statement from the Presidency. However the most striking concern to the published article was the public reaction with Right group appearing to have been angered by harmless statement which was aimed to tricks-persuades anti-ARCISS elements into relaxing their muscles and allow smooth implementations of peace agreement.

In the contemporary moment, the biggest threats impeding expedition process of peace agreements is Hybrid Court embedded inside peace agreement; while many compatriots would reject such assertion, it will always remain a fact that those accused military generals prefer suicide over justices as long as their influence over security matter still exist.

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The statement Itself was an attempt by the presidency of south Sudan to brings those out of reach high profiles military generals into playing field of the game called CIRCLE they don’t how, because the Presidency realised fears for justice hinder the implementation process of peace agreement, therefore must act to harmonize the environment and try to minimise the tension as much as possible for duration of transitional government.

In January 29, 2016, JMEC Chairperson His Excellency Festus G. Mogae called on African Union (AU) to go ahead with establishment of Hybrid Court for South Sudan while addressing the Peace and Security Council of the African Union in Addis Ababa, his statement was received with praise and supports but to frankly state the obvious, it was threatening to those still wielding the power in the country, thus impeding peace agreement implementation which ultimately deprive nation of a long term stability.

It must be recall that president Salva Kiir refused to signed the compromised Peace Agreement on the August 17 2015 in Addis Ababa citing fear of being over throw by some anti-peace element and opt to signed it in the capital juba, unlike his ambitious rival Dr.Riek Machar who knows how to exercise his power as the world has witnessed for the past two years of civil war, President Kiir is nothing more than a puppet to Tribal council (JCE) which wield the power of his presidency. Majority of which of that organization saw nothing wrong with status quo including Ambassador Francis M. Deng, a very well-known established human right and anti-genocide activist carry with it a International credentials but choose to depend failed status quo of Salva Kiir.

The bottom line here is not to condone the actions of perpetrators of horrific crimes, but to look beyond the scope of Transitional justices and focus more on Keys objectives that Transitional government of South Sudan will achieve. In the ARCISS agreement, Transitional government is mandate to carry out institutional reforms at all levels including Security sectors, economic sectors and governing system structure, much of which are crucial for long term social stability of inhabitants. Failure to acknowledge the importance of aforementioned will constraints the nation to stuck in the cycle of violence through rudimentary policies of JCE given that President Salva Kiir Power base structure has been built entirely on the supports of Tribal Council, where most have strong tied to military generals currently on active duties, and any advocates for Hybrid court throughout durations of transitional period will be an act of subversion which they will not take slightly.

Instead of focusing on Transitional Justices and accountability for the durations of transitional government, people of south Sudan should only considers the LEGAL aspects on how Hybrid Courts of South Sudan promised by Agreement in Chapters V article III can be extend beyond the periods of transitional government which at the time ARCISS agreement will expire.

With help and support from International partners including, members of IGAD Plus, African Union, EU Troika and the Entire United nations Security Council member, the focus should be on the “LEGAL JURISDICTIONS” to extend the agreed terms of Chapter V Article III in the ARCISS agreement beyond the durations of transitional period.

Institutional establishment and reform is crucial and beneficial for all, so much stake are at risks, HCSS component of Transitional justices must wait and not be a topics of discussions for durations of transitional government. It’s only fair to say that, it will be so much better for African Union (AU) to deal with legitimate government than coalition’s government of Transitional government once the time come for HCSS. Lets allow and support establishment of strong functional and independent institutions in the country before talks of justice surface and overshadow the focus of Transitional government.

The author of this article is a South Sudanese Autralian. He can be reached for comments at luak_bol@hotmail.com

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