There Is No Such Thing Called INDIGENOUS (NATIVE, & ANCESTRAL) Lands.

Girr''s position: 

 

 thank you very much for your input. One thing I would like to make clear: I’m not a defender of the government. Besides, it is not fair for the People of the Equatoria to think that, just because Salva Kiir is the President, then it follows that the government is Jieng government. Any S Sudanese has the right to praise or blame the government. It is their right to do so. What I don’t like is when the language of generalization is being used. I have never grabbed anyone’s land; I have never raped anyone; I have never killed anyone and so are the majority of Jieng. Why am I and the rest of Jieng people are being bombarded with insults all the time?

 

RESPONSE:

 

In your opening lines you stated that, you’re not pro-Juba regime, but implicitly you are and this is very clear from the paragraph before conclusion and by avoiding to provide your position on bad governance, injustice, structural inequalities, discrimination ,marginalization, rampant corruption, cattle dumping, land grabs, rape, force marriages, reform of organized forces, public services and foreign services

and other problems. The problem of Juba regime is not only land grabs, but bad governance.

 

 

The language of generalization was use and it will be use as long as people like you and pro-democracy, federalism, equality and justice from Jieng are afraid to come out of their closet and join the mess, oppressed and victims of injustice, structural inequalities and marginalization and human rights and agreed to effect change in country and to support transfer of power peacefully from one political part to other. There is not blame game here, it is about addressing grievances substantiated with legal evidences. I’d like to draw your attentions to Civil Rights movement which changed the U.S.

 

 

The 1960s Civil Rights movement became a success, and victory for brighter future for America when non-African-American majority of the European Americans from all walks of life decided to their ego of self-centered behaviors and joined hands with the victims of injustice, inequalities, discrimination and dehumanization. They spoke truth to power with fire and supported the premise of CHANGE and REFORM ( See: To Make the Wounded Whole: The Cultural Legacy of Martin Luther King, Jr( Dr. MLK, Jr), 1992; Dr. MLK, Jr, from A-to-Z).

 

The POINT AND MESSAGE for Jieng who are not pro-government’s policy of structural discrimination, inequalities, and marginalization should voice their disagreement with government and join hands FOR CHANGE AND BETTER FUTURE and failure to do so, it’s going to dig the country into deeper division.

 

 

Similarly, until people such as yourself and many from two ethnicities decided to move from position of naturality (NATURALITY HELPS OPPRESSORS, BUT NEVER THE VICTIMS) and closet and join hands with the victims of injustice, structural inequalities and marginalization- this is where South Sudanese will see themselves equal before the law and spirit of co-existence could have a chance.

 

The current formation of the IO and IG government, which reflects two ethnicities in control of the country, business continues as usual may lead us disintegration. I am afraid to say that, South Sudan will disintegrate in TEN STATES (Countries). I said this with full confident based on my experience in the Balkans and Ukraine. It will be too late to blame disintegration of S. Sudan into TEN NATION STATES on pro-change-just like many Arabs blamed Bashir and successive governments in Khartoum for S. Sudan separation. South Sudan separation could have been avoided if northerners accepted proposed FEDERAL STATE.

 

It’s great that, you did not participate in the land grabs, rape, and unknown gunmen, Kiir’s tribal army crimes. Please, note that, the message was not directed to you personally, but through you to effect change within Jiengs’ minds of unethically gains and by educating your community members about injustice, stealing others’ properties,  structural inequalities, marginalization victimization policies of Juba regime for change of hearts (U-TURN).

 

Leviticus 19: Various Laws: Ten Commandments

 

11. Do not steal.

12.Do not defraud or rob your neighbor.

Do not hold back the wages of a hired worker overnight.

15. Do not pervert justice; do not show partiality to the poor or favoritism to the great but judge your neighbor fairly.

16. Do not go about spreading slander among your people.

Do not do anything that endangers your neighbor’s life. I am the Lord.

P.S. The Bible is very clear about RESTORATIVE JUSTICE to the victims.

 

This is the role of Jieng educated class specially in the diaspora and S. Sudan to take lead of wind of change within Jieng communities. Just to proof my point, for the last couple years ago, Australia have experienced and seen youth and daycare frauds crimes and I don’t have to tell you who are those communities members are involved in these scammed crimes, but not all S. Sudanese communities in Australia are part of  youth crimes and daycare frauds. Unfortunately, Australian authorities pained all African including S. Sudanese communities with one brush-thus the rule of game and policy development due to few bad apples in diaspora.

 

The outcome of government policy is to banned resettlement of S. Sudanese to Australia. The lack of respect of host hospitality, values, moral, and ethic have damaged sponsorships program in a time there are many S. Sudanese in refugee camps hopping to get use of sponsorships.

 

 

Furthermore, my observation was that, the daycare frauds scammed shows few names if not majority of them belong to cycle of two ethnicities of Juba regime (NOT ALL) members of S. Sudanese community in Australia. Let us be honest with ourselves and speak truth to power with fire, but not to bounced back to defense mode when talking about these crimes. The perspectives on negative acts of Jieng who are committing these crimes will continue to be with us until Juba regime address victims’ grievances and Jieng non-supporters of Juba regime must come out and challenge bad governance of Kiir and his associates. This is the only way to put the grievances to rest once and for all.  The links below provided you with the way how all community members came out to address the crimes in Australia, otherwise, it would be out of hand and cost more damage to image of diaspora.

 

https://qz.com/africa/1176308/australias-african-gangs-from-south-sudan-push-back-at-racist-stereotypes-in-melbourne/

 

https://www.bbc.com/news/world-australia-42643834

 

https://www.sbs.com.au/news/south-sudanese-youth-feel-held-back-by-media-stereotyping

 

https://www.dailymail.co.uk/news/article-7823527/South-Sudanese-leader-says-gang-culture-Melbourne-teenager-stabbed-dead.html

 

 

  Daycare frauds

 

https://www.abc.net.au/news/2018-08-29/childcare-scam-melbourne-court/10176954

 

https://www.youtube.com/watch?v=fd7cZrL3Rng

 

It’s clear from what is happening in Equatoria is government policy with intention to settle Jieng in Great Equatoria and forced native population out from their ANCESTRAL/NATIVE LANDS. For example, Kiir has his cattle in south west of Juba. It is the responsibility of the government to find solutions to these problems otherwise, land grabs, injustice, structural inequalities, and marginalization policy, and insecurity created by cattle keepers and bad governance will continue to divide the country.

 

I’d like to respectful disagree with you, Kiir as head of State, is legally responsible for what’s taken place internally and externally (see: Concept of State in: An Introduction to International Law (IL), AJan Klabber, 2007; IL Chiefly as Interpreted and Applied in Canada: Documentary Supplement to the 7th, Ed; the UN Security Council: From the Cold War to the 21st Century, Ed. David Malone; International Human Rights in Context: Law Politics  Morals by Steiner, Alston and Goodman; Human Rights in Africa: Cross-Cultural Perspectives, An-Na’im & Deng:1990, p. 159), but he chooses not to act, and this is in line with Development Plan of Jieng-to rule the country for 200 years.

 

THE RESEARCH QUESTION IS WHY SOME MEMBERS OF TWO ETHNICITIES IN DIASPORA SHARE SIMILAR UNETHICALLY GAINS AND CORRUPTION BEHAVIOR WITH JUBA REGIME CLIQUE?

 

I said the article is not balanced because the writer has not touched on the issues that have affected other people who are not from Equatoria. You cannot solve some problems that have affected the people of one section of the society and leave the rest unsolved. We are interconnected. The article, on the other hand, seems to give the impression that the people of Equatoria are the only ones who are being affected.

RESPONSE:

 

As stated in the earlier rejoinder that, it is to address grievances of victims and it must be seen from viewpoint of the victims. But most, importantly how could you strongly said that the article is not balance, and completely gave blind eyes to unbalance government (rulers) in Juba. If government in Juba is balance than you have legal ground and say so.

 

If you understand policy development cycles, you be in a better position to know why country is facing governance challenges. It is responsible of government to address the current grievances and factor in legal framework to prevent such structural injustices, inequalities, and marginalization in happening in future. The problem is that, Juba regime has no clue about policy development, refused to reform itself (self-regulate internally) and not welling to learn from pass mistakes of former Sudan (See: Studying Public Policy: Policy Cycles & Policy Subsystems, Howlett, Ramesh, and Perl,2009; Thinking Government: Public Sector Management in Canada, Johnson,2006, p. 590; Feeding or Starving the organization, Caswell, 2008, Vol. 4, p. 16”solving the impossible problem”)

 

We all want to be happy; we need to join hands together to find solutions that would make everyone happy. It is unlikely that the people of Equatoria would find solutions on their own. Unfortunately, the writer of the article tries to make the people of Equatoria see themselves as Jews. When our S Sudanese were fighting the Arabs, they thought of themselves to be like Jewish people in Egypt waiting to be led into freedom by Moses (Dr John Garang). Now the same story is being repeated by the people of Equatoria. And who knows, if the people of Equatoria cut themselves out of the rest of South Sudanese, Mundari would be the next hated people by the rest of the people of Equatoria. The rest of the people of Equatoria would think of themselves to be like Jews. How many Jewish types can you get? It not going to work, my brother.

RESPONSE:

 

Equatorians have courage to point out the structural injustice, inequalities, and marginalization policy of Juba regime, land grabs, cattle dumping, rape, forced marriages and depopulation of INDIGENOUS (NATIVE, ANCESTRAL) Equatorians from their lands. There are other groups beside Equatoria who have expressed similar grievances. The groups are Anywaa, Chollo, Fertit, Murle, and others (See: playing Different Games: The Paradox of Anywaa and Nuer Identification strategies in the Gambella Region, Ethiopia, Vol 4, Feyissa, 2011:

Pps. 77,79,87 about Akobo is Anywaa native land

P. 88 is about how Nuer purchased Anywaas’ INDIGENOUS (NATIVE, ANCESTRAL) land;

P. 96 is about Nuerized Anywaa,

P.101, is about “Nuer Master Plan to depopulate Anywaa”; like Jieng Current Development Plan to rule S. Sudan for 200 years.

P 106, Nuer taking Anywaa INDIGENOUS (NATIVE, ANCESTRAL) land and

pps.117, 122)

 

Also see: The Upper Nile Province Hank book: A Report on People and Government in the Southern Sudan, Johnson, 2016.

Pps.176-178- are about Anywaa INDIGENOUS (NATIVE, ANCESTRAL) lands of Akobo, Itang, Pibor, Fhasala, Gabbella and others. Today, many would argue that, above lands belong to Nuer which false claim.

The war was fought over so many, many years and the people who fought war couldn’t possibly had escaped being traumatized? When they took over the power, of course you wouldn’t expect them to run the government efficiently. Whoever tries to challenge them in a violent way rather than using persuasion, things wouldn’t go down well.

The people of Equatoria seems to think they are the only ones who are being targeted. But that is not true. Jieng people are killing and raping other Jieng people. The majority of those who are involved are are the SPLA veterans.

 

RESPONSE:

 

As stated above non-Jieng/Nuer ethnic groups are targeted from day one of liberation to this date. Targeted groups are: Anywaa, Chollo, Fertit, Murle, Jur Chollo and others. Jieng is not the one ethnic group forced out of their INDIGENOUS (NATIVE, ANCESTRAL) lands. In 1960s,1970s, 1980s, 1990s, & 2000s Equatorians were forced to Congo, Uganda, Ethiopian, and CRA, but in Post-CPA era, all returned to their respected INDIGENOUS (NATIVE, ANCESTRAL) lands and continue to cultivate for feed themselves-this is how Equatorians depend on self-reliance and not on ready made things or to try to own someone properties. This is the culture and behavior of Great Equatorians.

While Equatorians in exile, they respected the host countries rules, regulations, and never caused or accused of community violence, stealing, rape, forced marriages, and acquired properties unethically-this is called good behaviors when living in INDIGENOUS (NATIVE, ANCESTRAL) lands. It is the opposite with Jieng.

 

ONLY JIENG DELIBERATELY REFUSED TO RELOCATE TO THEIR AREAS AT TIME OF PEACE -WHY?

 

Johnson Oliny is waging war against Juba regime (mis-rulers/misleaders) on what basis. I believed you failed to watch the clip in the earlier rejoinder and reinserted for you to take time and listen to his legal ground. So, it is not only Equatorians, but Anywaa, Chollo, Fertit groups, Murle and others.

 

https://www.facebook.com/879270061/posts/10160256504505062/

 

Concerning ancestral land, I gave an example before. If there is a danger facing Jieng people who are neighbors to the people of Equatoria, where do you expect them to go to? To the Equatoria lands. Would they feel like S Sudanese who have gone to Australia, US and so on? Of course not. They are in their homeland. It would be the same scenario were S Sudanese began to wag war with Kenyans or Ugandans. They would take refuge in any land within S Sudan and feel the same. So, there is no such a thing called “ancestral land” that was given to specific people forever. God did not create Jieng and told Jieng, “this is your land” and then created Bari and told Bari, “this is your land” god has never been a real estate agent! The birth place of mankind is Africa. Since that time, mankind kept moving from one place to another. The movement of people has never stopped. Today I live in Australia. So, we should think about “ancestral land” loosely.

RESPONSE:

 

The Lakes State Investigation Commission submitted its final Report on July 2011. The mandate of the Commission was to investigate community violence, killing, cattle wrestling and others committed in the Lakes State as a result of stealing, forced marriage, rape, and killing cultures. So, it reasonable to concluded that, respect of natives’ INDIGENOUS (NATIVE, ANCESTRAL) lands, values, moral, ethics, legal and customary laws are all contrary to Jieng bad cultures and harmful behaviours. The fight in Jieng areas is because of bad cultures and behaviours of stealing, killing, immorality and absence of civility, social ethics of respecting others’ properties and family and loved and normalization of unethically gains which became business as usual.

 

P.S. On May 3^rd, 2020, the SSBC news, broadcasted that there are about 500 cattle stolen in Lakes State and local authorities received complains. I was there 10 years for similar reasons and today same problem. What is going on?

 

SIDE NOTE: Mundari, Didinga, Bari, Larim, Logir, Toposa, and Tirma are cattle herders just as Jieng, but you never hear them dumping and allow cattle to destroy farming communities farms (feeding on it) either during or after the war. Additionally, Mundari was the first in Greater Equatoria to be displaced by 1983 war, and they moved with their cattle southward to Juba and areas around Juba. Everything was peaceful, no stealing, occupying someone properties by forced, rape and unethically gains. Like Jieng nomads. Great Equatoria nomads EXERCISED DISCIPLINE, RESPECT AND have HIGH LEVEL OF CIVILITY, and even their cows when in the host lands. WHY CAN JIENG DO THE SAME & LEARN FROM CIVIL EQUATORIAN NOMADS?

  

QUESTION: WHY DO JIENG WANTED TO SETTLE OR LIVE IN OTHER PEOPLES’ LANDS IN TIME OF PEACE? IT IS BY DESIGN. Example: in the post-CPA period, the Jieng IDPs and refugees were repatriated to Equatorian States instead to state of their origins or birthplaces, while many Anywaa, Equatorians, Chollo, Fertit groups, Murle, and others were left stranded in Khartoum, Kosti and Malakal.      

 

Please, accept the fact that Jieng communities are troublemakers, wherever they went, go and will go always caused problems and grievances to locals. WHY CAN EDUCATED JIENG ELITES FIX JIENG HOUSES, AND CLEAN MESSES CREATED BY THE FEW OR MAJORITY of Jieng (See: Animal Farm, Orwell. 1945).

 

Please refrain from WHITE LIES, and no one with critical state of mind will buy your argument that there is no such thing [phrase(s)] called INDIGENOUS (NATIVE, ANCESTRAL) lands.

 

INDIGENOUS (NATIVE, ANCESTRAL) LANDS MEANS:

 

INDIGENOUS (NATIVE, ANCESTRAL) lands estate means everything the ancestral/natives own, all ancestral/ natives’ assets (whether real property or personal property and liabilities. Ancestral/ native lands are guided/administered by Chiefs who are empowered by power of attorney or authorized to act as an agent for the sale or donation of land for public use. 

 

Therefore, based on this definition, for anyone to think that there is no such phrase(s) called INDIGENOUS (NATIVE, ANCESTRAL) lands, he or she has DISABILITY IN THINKING, MENTAL DISABILITY, MYOPIC MENTALITY, AND CORRUPTED BRAIN.

 

On your onward that you live in Australia and gave blind eyes to INDIGENOUS (NATIVE, ANCESTRAL) lands you are the beneficiary of Australian INDIGENOUS (NATIVE, ANCESTRAL) lands. The native/ indigenous/ ancestral lands of Canada and the U.S.A. belong to the FIRST NATIONS AND ABORIGINAL and RED INDIANS.  

 

It appears that you re Australian citizen but have not read your own Constitution which affirmed the existence of INDIGENOUS (NATIVE, ANCESTRAL) land and Australia is has INDIGENOUS (NATIVE, ANCESTRAL) land. SECTIONS 25 AND 51 OF YOUR CONSTITUTION AND  AUSTRALIAN CONSTITUTION - SECTION 127 - THIS SECTION WAS REPEALED BY REFERENDUM IN 1967 “IN RECKONING THE NUMBERS OF THE PEOPLE OF THE COMMONWEALTH, OR OF A STATE OR OTHER PART OF THE COMMONWEALTH, ABORIGINAL NATIVES SHALL NOT BE COUNTED.” SEE ANNEX for details.

 

 

Again, you even do not bother to reflect on the painful history of INDIGENOUS (NATIVE, ANCESTRAL) Australians, and you are no different than the criminal British colonizers. If you ever read history of Australia, you would find and know that it was land of criminals; convicts, law breakers sent to (exiled) Australia. The legal fact is that, the First Constitution did not include INDIGENOUS (NATIVE, ANCESTRAL) was by design of colonial criminals to write off the legal rights of INDIGENOUS (NATIVE, ANCESTRAL) lands. I have taken liberty to include part of your Constitution just to remain you that, there is phrase(s) called INDIGENOUS (NATIVE, ANCESTRAL) lands and this is not my view, but legal.

 

If your rational is correct than, criminal British colonizers are INDIGENOUS & NATIVE/ ANCESTRAL OF AFRICA AS WELL SOUTH AFRICA & ZIMBABWE ARE (NATIVE, ANCESTRAL) LANDS OF criminal British colonizers?

 

If this is your premise, then late Presidents Mandela, Mugabe, Dr. Nkrumah, Nyerere, Bishop Tutu, Dr. Diop, Cabral, Kenneth, and fathers of the AUO were wrong? Which lands they fought for? It is not the (INDIGENOUS/ NATIVE / ANCESTRAL) LANDS OF AFRICA.

 

Do you recall what happened in Kenya in 2007 and led to 2008 Genocide because criminal British colonizers resettled Kikuyu into Luo INDIGENOUS/ NATIVE / ANCESTRAL lands and memory played major role in 2007 General Elections. Why can S. Sudan learn from Kenya’s’ experiences? (See:

1.    Ethnicity, Nationhood, and Pluralism Kenyan Perspectives, ed, Ghai & Ghai, 2013.Pps. 21, 47, & 75;

2.    Black Africa: The Economic and Cultural Basis for a Federated State, Cheikh Anta Diop 1978; &

3.    Legacy of Freedom: The ANC’s Human Rights Tradition, Ed. Kader Asmal with David Chidester and Cassius Lubisi, 2005. P.125).

 

I have gone through the AU (AUO 1960) and Peoples Rights documents and could not find anything to support your unsubstantiated position on the INDIGENOUS/ NATIVE / ANCESTRAL. I think you are mixing between NON-INTERFERENCE POLICY OF THE AUO adopted in May 1963 (See the legacies of Julius Nyerere. it is about African colonial borders drawn by criminal British colonizers should remain as drawn by colonial system in order to avoid border disputes).

 

In conclusion, I support those people who point out issues. I don’t think there is a Policy that would prevent anyone to obtain a piece of land legally, say, in Bor, Rumbek, Aweil and so on. If there is anyone from Equatoria wish to buy a piece of land, but he couldn’t because the locals do not want him to buy it, that should be considered terribly wrong, even by Jieng themselves. Who should be blamed? The government. Laws are supposed to be reinforced.

 

RESPONSE:

 

WHAT SHOULD MAJORITY OF 62 ETHNIC GROUPS VICTIMS OF JUBA REGIME DO?

 

The final analysis base on corruptions, stealing, daycare frauds, and  youth violence in diaspora; and community insecurity, cattle dumping, land grabs, rape & forced marriage crimes, absence of respect for native morality and ethics and crimes committed by SOME MEMBERS OF two ethnicities that controlled the centre of powers in South Sudan against the victims’ rights, equality and justice.

 

 

It’s fair to say that, most of daycare frauds and other youth crimes and violence in diaspora are committed by SOME MEMBERS of S. Sudanese in Australia, Canada, the U.S.A., who have similar behaviors of corrupted Juba regime officials and their associates.

 

 

The corrupt Juba regime officials and their associates have stolen billions of dollars, loans from Word Bank, IMF and donor states for major projects to build broken health care, education and basic infrastructures. The SOME members of two ethnicities who held the country hostage of their corruption purchased properties in Australia, Canada, the U.S.A., Kenya, Uganda, Ethiopia, Sudan and other parts of world, while SOME OF their relatives are engaged in scammed the host government coffer and abusing host countries hospitalities (daycare frauds in Australia is just one example).

 

There is one common denominator between Juba regime and their relatives in diaspora, they share similar behaviors of unethically gains and it could be describes as the followers of Islamic fundamentalist wherever they travelled and settled accompanied by problems and it’s very difficult if not impossible for 62 ethnic groups to co-exist with them.

 

The majority of South Sudanese 62 ethnic groups should ask themselves this Question: how can the rest CO-EXIST with those who completed refused to acknowledge BAISC CONCEPT OF INDIGENOUS/ NATIVE / ANCESTRAL as well as their crimes such as stealing public money, taking someone’s wife, grab ancestral/native lands, daycare frauds, structural inequalities, marginalization and discrimination, and failed to govern, refused to reform public services, foreign Services, organized forces, and others (people who caused majority too much trouble?  

 

 

Here are some samples:

 

1.    The current composition of the SSFD and other organized forces are controlled by two ethnicities members;

2.    Majority of Foreign Services Officers and Ambassadors belong to two ethnicities;

3.    Majority of appointed rubber stamp M.Ps., belong to two ethnicities;

4.    Majority of national dialogue members are controlled by members of two ethnicities;

5.    Majority of national Ministers belong to two ethnicities; and

6.    The current IO Ministers and officers who suppose to be integrated to SSFD are mainly Nuer.

 

The current IO Ministerial portfolios and promotion of armed forces officers’ lists reflect nepotism-family ties either to Riek or his wife-where is IO reform Riek was preaching about before December 2013. It is unfortunate, there are still some members of majority ethnic group believe that Riek is their MINI GOD who can deliver South Sudan from Juba regime.

 

Also, there are some who may argue that, there representations of majority of ethnic 62 groups in Juba regime government such as Dr. Elia and others. This representation is nominal and self-serving interests’ representation for self-gain, but not to solve and address the structural inequalities, discrimination, marginalization, land grabs, cattle dumping, rape, forced marriages, bad governance grievances echoed by majority.

 

I think, it’s just to say that, enough is enough and it’s time for 62 ETHNIC MAJORITY to unite and reclaim their rights through LEGAL PROCESS  OF SELF-DETERMINATION to establish NATION STATE, if Juba regime fail equitable divide resources (oil and others), ministerial portfolios, public service foreign services, and organized forces base on quartos not representation. For instance, in order to form reform SSDF, each state contributes equal number of men and women to serve in the national army that reflects diversity of South Sudan.

 

The formula should be applying in public service, other organized forces, foreign services, and anywhere there is sign(s) of discrimination. Also, land grabs grievances should be address by formation of land grabs tribunal court preside by qualified judges supported by community experts to serve justice to the native landowners. Another, tribunal court to address rape crimes with mandate to persecute (power to arrest).

 

The formula to reform S. Sudan Senate and representation should be two (2) members from each ethnic group of 64 (Total of 128 Senate Members).

 

 

This is the only solution to put an end to above bad governance, crimes, grievances, behaviors, and negative attitude towards owners of NATIVE/ ANCESTRAL LANDS.

 

 

Why are these members of two ethnicities wanted to live in others’ peoples ‘land? I am not saying they cannot/ shouldn’t live in others’ lands, but they must respect native culture of good behaviors, respect for native values, morals, and ethics.

 

WHY CAN JIENG BUILD THEIR STATES, LOVED READY MADE THINGS AND HAVE DESIRE TO OWN OTHER’S PROPERTIES?  

 

Please, note that, what to led S. Sudan to separation was the successive Khartoum regimes who never listen and not welling to address grievances raised by former Southern Sudanese leaders from 1920s, 1940s, 1950s, 1960s,1970s, 1980s, and 1990s.

Similar to northern Sudanese, Juba regime have ignored and pay blind eyes to 62 MAJORITY ETHNIC GROUPS grievances of injustice, structural inequalities, marginalization, rampant corruption, bad governance, cattle dumping, land grabs, rape, force marriages, reform of organized forces, public services and foreign services. Instead of find holist solutions to above problems, Kiir and his associates keep signing this false fallacy “ We liberate You and this gives Jieng the right to abuse state power to grab land and committed state sponsored crimes such as unknown gunmen.” The SPLA/M ideology is not building a nation based on rule of law, equality, justice, good governance, but establish tribal country.

ANNEX

 

CONSTITUTIONAL LAW & HIS1101:

 

·         The Constitution of Australia came into effect on 1 January 1901 and is the most powerful set of laws in the nation.    

·         The Constitution still contains references (in Sections 25 and 51) that allow the Commonwealth or State governments to discriminate against people on the basis of race. This power has been used several times by governments to enact legislation to affect only Aboriginal and Torres Strait Islander people.

·         The Australian Constitution was drafted at two constitutional Conventions held in the 1890s. Women, Aboriginal and Torres Strait Islander people and members of ethnic communities were excluded from participating in these Conventions. As a result, the Constitution reflects the predominant views and prejudices of the men of British heritage who were invited to attend the Conventions and draft the constitution for the new Commonwealth of Australia.

·         Section 51 of the Constitution that provided: “The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:- ...(xxvi) The people of any race, other than the aboriginal people in any State, for whom it is necessary to make special laws.

·         And Section 127 stated: 'In reckoning the numbers of the people of the Commonwealth, or of a State or other part of the Commonwealth, aboriginal natives shall not be counted'. Both of these sections were changed in 1967 after 90.77% of eligible voters voted in a referendum to change the Constitution to remove the words ‘… other than the aboriginal people in any State…' from section 51(xxvi) and the whole of section 127.

·         Many Australians don’t know that our Constitution still permits racial discrimination in Sections 25 and 51. This makes Australia the only country with a Constitution that allows for discrimination against its Indigenous peoples based on their race.

·         An Expert Panel - which included Indigenous and community leaders, constitutional experts and parliamentarians - consulted extensively across the nation and reported to the government in January 2012. It recommended that Australians should vote in a referendum to:

·         Remove Section 25 – which says the States can ban people from voting based on their race;

·         Remove section 51(xxvi) – which can be used to pass laws that discriminate against people based on their race

·         Insert a new section 51A - to recognise Aboriginal and Torres Strait Islander peoples and to preserve the Australian Government’s ability to pass laws for the benefit of Aboriginal and Torres Strait Islander peoples

·         Insert a new section 116A, banning racial discrimination by government

·         Insert a new section 127A, recognising Aboriginal and Torres Strait Islander languages were this country’s first tongues, while confirming that English is Australia’s national language.

 

1.    Just like the 1967 Federal Referendum, the Bridge Walks in 2000 or the 2008 National Apology to Australia’s Indigenous Peoples, recognising Aboriginal and Torres Strait Islander people in the Australian Constitution as the first people of Australia will be another important step in our reconciliation journey Recognition of Aboriginal and Torres Strait Islander peoples in the Constitution has the potential to:

·         address a history of exclusion of Aboriginal and Torres Strait Islander peoples in the life of the nation

·         improve the sense of self-worth and social and emotional well-being of Aboriginal and Torres Strait Islander peoples both as individuals, communities and as part of the national identity

·         enshrine the principles of non-discrimination in our Constitution

·         change the context in which debates about the challenges faced by Aboriginal and Torres Strait Islander communities take place

·         build positive relationships based on trust and mutual respect between Aboriginal and Torres Strait Islander peoples and the broader Australian community By supporting improved social, economic and civic inclusion of Aboriginal and Torres Strait Islanders within the broader Australian community, Constitutional reform is a critical step towards overcoming Indigenous disadvantage and bringing non-Indigenous and Aboriginal and Torres Strait Islander people and communities closer together.

 

2.    The Canadian Constitution expressly recognises the rights of Indigenous people, stating: “The existing Aboriginal and treaty rights of the Aboriginal peoples of Canada are hereby recognised and affirmed.” The United States has negotiated almost 390 treaties with American Indian tribes which the Supreme Court recognises as similar to treaties between different nations. The Constitution gives the Federal Government sole power to deal with tribes. The Treaty of Waitangi encapsulates many of the rights of the Maori in New Zealand. It’s used as the foundation for human rights for Mao

 

3.    Acknowledging Indigenous Australians in the preamble in a way that recognised and valued their special place as the first Australians would not give them more rights than other Australians. Changing the body of the Constitution to include equality and protection from discrimination would give all Australians the benefit of better rights protections (See: Identity Diversity and Constitutionalism in Africa, 2008, Deng and

Demoracy in America and Two Essay on America, Tocqueville, 2003).

 

 

 

 

INDIGENOUS (NATIVE, & ANCESTRAL) LANDS

Giir’s position:

I have read the article and I felt it is a tool that is geared to incite hatred of a collective tribes of Equatorians against one tribe, the Jiengs. The article is one sided. It avoided to answer the question of those Jiengs and other non-Jiengs who had to pay some Equatorian landlords and those who impersonate as landlords. Those were paid once, twice, three times even in order to finally obtain the same pieces of lands. Those should be called money grabbers and their act, too, should be considered unjust. Anyway, I’ll be one of those who will support our Equatorian brothers and sisters’ fight, through peaceful means, in order to bring about justice. If Equatorians feel that they have not been treated fairly and the majority of Jieng and non-Jieng know about this, the Equatorians’ fight should not be Equatorians’ fight against injustice. Jieng and non-Jieng should join that fight because, if Equatorians are not living in peace, no one should live in peace. It should be a fight against injustice. These cases are cases that should be discussed in Parliament and a policy applicable anywhere in SS should be arrived at. This will mean, the same procedures a non-Equatorians go through in order to obtain land in Equatoria should be exactly the same procedures that an Equatorian, who want to own land anywhere in SS, would go through. The expression, “ancestral land” is a toxic expression that is often used by those who want to incite tribal hatred. If it has some reasonable use, it should be if we were to drive non-African people out of Africa. As for us, the SS, any part of SS is our ancestral land. Anyone who is interesting in studying human history, will not fail to notice the fact that Africans have been moving around within Africa and even out of Africa. Period.

Girr’s Position

I’ll over look this error because it the kind of error a person who is blinded by emotions and hatred would often make. Again with this kind of language of generalizations, not only are you supporting a good cause of the Equatorians, you are also making enemies of people would otherwise have supported the cause. I’m one of those who spoke up concerning land issue as well as other issues some years ago. If you are interested, visit my page and read. But, according to you, I have no “balls” and “therefore, I must “shut up”. Well, you who have got “balls”, don’t wait a day or two. Go right now and show us what a person with “balls” can do. Action! Your fight, yours alone, will (is not) against Jieng people as you put it, but against SS government (the whole system of the governing body). Oops! I should shut up. Good luck, my brother, or, should I say, “my enemy?”

RESPONSE:

Dear Giir:

Thanks for your input!

I would like to answer you in the following fashion: article is one-sided; land grabs; illegal money obtained unethically from government coffer to purchased lands; land grabs; the rubber stamp Parliament;  corruption,  incite hatred; and ancestral land and provide some details to contextualized the argument advanced to validate Equatorians, Chollo, Fertit, Murle, and other grievances. I shall commence with one-sided point.

Please, for future references when you read any article dealing with grievances, make sure you read it with open eyes or in legal term called “legal eyes”. The piece is intended for Equatorians and addressing the problem of one-sided ruling system of Juba regime and therefore, it one-sided-from victims’ side. Similarly, to Equatorains are Chollo, Fertit, Murle and others who have experienced dehumanization, victimization, injustice, women and young girl rape and land grabs.

Like Equatorians  Chollo, Fertit, Murle and others have echoed major grievances in their respected areas to Juba regime and no resolutions till today. Please, see below links and please, listen but not just hear to Lt. Gen. Johnson Oliny carefully. Lt. Gen. Oliny’s main legal argument is Chollos’ land grabs.

https://www.facebook.com/879270061/posts/10160256504505062/

https://southsudannewsagency.org/index.php/2017/02/11/south-sudanese-army-general-resigns-cites-tribally-engineered-war/

This brings me to your own words “These cases are cases that should be discussed in Parliament and a policy applicable”. Do your really believe in the SS Parliament as the Third arm of government? If so, how could you called it Parliament if most of its members were appointed and not elected? This is a cheap way to try to establish argument on unsubstantiated legal ground.

In 2008, Hon. Dr. K. Mula, M.P., tabled motion to address problem of dumping of cattle which created insecurity in WES, the motion was rejected by majority of one ethnicity MPs and led to Dr. Mula to quick SPLM, stood an independent in 2010 General Elections and won against the SPLM candidate. What this means?

Today, most of communities in EES and CES are experiencing similar 2008 situation of WES-cattle dumping. Since Juba regime is not interested in forcing cattle owners to relocate their cattle to where they came from, cattle dumping may require local solutions. The SS Parliamentarians are the rubber stamps of Kiir and all were bought with $40K six months ago and recently with $25K while the rest of public servants working without salaries for over 4 months ($20K+40K is equal to price tag of one MP to support Kiir’s bad policy of Dinkanization).

Please, educate us why government pays one sector of employees and not others with medical expenses and transportation allowances.

As stated earlier that, you missed the main legal argument in the piece, the article discusses problem of land grabs and not land purchased by illegal money obtained unethically from government coffer to occupy Equatoria ancestral lands. The question you may wanna answer and  educate readers with is-how could one ethnicity in the country is the only one group that has access to money to purchased lands with Quadruple price in a time public servants received no wages for over 9 months? The readers would be happy to know your take. Is this not the corruption in day light. How comes non-Dinka cannot buy lands in Bor and Aweil and Warrap?

Let me help you with some corruption examples and you can provide us with more in your next response with solutions to put an end to it.

1.    Hospitals remained sustained by international organizations, while constitutional post holders and senior government officials seek travel to India, Jordan, Kenya, South Africa, Egypt, Germany, and UK for even common non-referral illnesses, costing millions of dollars!

2.    In 2008, Dura Saga: Fake business contractors delivering ghost grains to hungry states and the case despite being widely exposed, remains not investigated to date. The Audit of 2008 notes contracts to purchase some $2.3 billion worth of dura Johnson, 2016, p.37.

3.    The Ministry’s purchase of 400 Land Cruisers, without tender was one of the first corruption scandals of the era (PAGSSNA, for the Year Ended 31December, 2008, p.13.

4.    On Aug 2012, the president did accuse 75 of his government officials of stealing USD $4 billion from the world’s newest country (McClatchy Newspapers).

5.    Nile Commercial Bank 'List of Shame'! A list of high-profile debtors causes a public-private bank to go bankrupt, gets exposed, but nobody is unnamed until now! Former Central Bank Governor pointed a finger at someone at the top and nothing happened!

6.    3. Two Ministers of Finance implicated in squandering millions of US Dollars, got exposed, but got out and continued with their lives!

The article was not advocating for hatred rather than putting ink on the letters-grievances of Equatorians and calls for them for unity of purpose. There is nothing wrong for Equatorians to unit because they always co-existed peacefully for many years until 2006 when bullying, victimization, dehumanization and land grabs policy were instituted by Kiir and his associates to drive them out of their ancestral land using state resources and by abusing his authority.

Kiir is the only person in the country who inciting hatred. On August 20, 2015, Peter Moi Julius was shot dead by unidentified gunmen.  The death of Peter Moi Julius was popularly attributed to President Salva Kiir’s threat to kill journalists for reporting against the country (Sudan Tribune online newspaper). You need get your facts rights specially on public domain and provided evidences to support your unfounded claims.

A similar argument was made by Kiir in his remarks in Juba on October 20, 2016, that Equatorians had not participated in the liberation of South Sudan, and therefore, the Dinka and Nuer alone, held the right to centralize political power, monopolize and dominate all national public services, and subjugate other ethnic groups in controlling resources and revenues under a “Dinkocracy” project.

The Ancestral land in British English not SPLA English, it means inherited (belong to) by established legal rules such Chief, patrimonial, hereditary, or transmissible tradition. Pay attention to the active verbs. Based on this definition it is false, illegal and crime for anyone to claim that Dinka should or have right to grab lands in Equatoria, Bhar Al-Ghazal, Upper Nile or elsewhere where they are not part of tradition of the locals inhabitants. forced migration and relocation and movement does not make Jieng/Nuer member(s) of hereditary communities. This is just sample logic requires no Ph.D., or rocket sciences. In sample English- have traditional ties to land.

The main problem here is ancestral land taken by force, abused of power, abused of of organized forces uniform. Example. Prof. Taban Lo-Liyong’s first class piece of land by Airport occupied by Jieng Gen. and threatening him- kill him. There are many such cases pending in court. There is list compiled and documented all land grabs crimes-time will come for justice to serve.

Question for you to provide readers with rational- Why Abyei is called Ngok Dinka land? Ngok Dinka land has equal meaning to Equatorian ancestral land. Why are you objecting to Equatoria ancestral lands and accepted Ngok Dinka land? See 2011 South Sudan Constitution- this is a legal document and The Man called 1988, Deng by Francis M. Deng.

Another Question:  Why Lt. Gen. David Yayu keep defecting? Is it not because of land grabs or what?

I hope this provides you and those who think they entitle to grab lands by force using the power of their authorities, and abuse of organized uniform in Equatorain, Raja, and Chollo on false grounds. 

Equatorians Curse

This piece sheds light on psychological negative effect of the phrase Ŋun Kata/ Ŋun kata (Rubuna fi) and its synonymous Rubuna be Ayanu, Ana Seebu la Rubuna, Allah be Ayanu; and Huwa bi ligo tawo min Rubuna in the minds of Equaotarians. The piece stresses that, the  villains have taken the advantages of goodness, kindness and warm hospitality of Equatorians to driver the owners of ancestral lands (native lands) using different depopulation plans such as dump cattle, armed cattle keepers to destroy farming communities agricultural producers and create man-made-hunger to starve natives Equatorians to death. It argues that, psychological negative effect of the phrase   Ŋun Kata/ Ŋun kata (Rubuna fi) has resulted in land grabs, cattle dumping, injustices, dehumanization, victimization of Equatorians. It draws conclusion with important action plan. 

Equatorians must get rid of this curse called “Ŋun Kata/ Ŋun kata (Rubuna fi)”¹ when dealing with issues such land grabs, cattle dumping, injustices, dehumanization, victimization of Equatorians and must stand their grounds.

This curse Rubuna fi² have controlled Equatorian minds like drug and its facilitating JCE policy of land grabs, cattle dumping, injustices, dehumanizing of Equatorians to the lowest level and reduced to level of panhandlers- consult: Religion is the opium of the people, Marx.

The mindset of Ŋun kata/ Ŋun kata (Rabuna fi) have controlled Equatorians’ soul, body and mind to the point they became victims of their own inactions, complicit and cannot do anything to save themselves as well as to reclaim their ancestral lands from the villains. Action speaks louder than words. Ali Ibn Abi Talib the fourth caliph from 656 to 661 in his letter  titled “The Rights of governed and governor: If a person takes properties or anything from you by force, and by force you should get it back”-consult: Islam Revealed and Talib’s essays on governance.

It is an unfortunate that, some Equatorian church leaders are prompting this curse-Rubuna fi and totally forgot the case of Israelites in the Bible they are preaching.

The Israelites are the chosen people of God and directly related to Jesus, minor and major Prophets, and what made them different was the fact that, they took actions to claim their ancestral lands through unity of purpose supported by all (competent leadership, skills, diaspora, and others) in common fight against injustice, dehumanization, victimization and the acts of villains.

The Israelites knew and know Rubuna very well through personal relationship with El, Elohim, Adonai, YHWH, Ehyeh-Asher-Ehyeh, Shaddai, and Tzevaot and did not wait for Rubuna to descend from Heaven to give the lands to the rightful owners. God provided each one of us with all kinds of gifts to use to protect our land and defend ourselves against villains-consult OT.

In 1515 during church reformation movement,  Dr. Martin Luther did not said Rubuna fi and wait for Pope Leo X to cut his head off for exposing corruptions in the catholic church; for instance, “Penances were made so formidable that the sinner is obliged to buy his way out of them; Sale of absolution or dispensation form sins, even future sins; and pressure on dying people to bequeath their property to the church instead of their kin”, instead he used other means/ tools and devised plans to fight the corrupted church leaders in Rome and the end result was victory of the victims-consult Luther’s historic Ninety-Five Theses and his MA and Sacred Theology, Oct 31,1517.

The point is, God gave Equatorian minds to think and develop strategies to fight injustice in whatever forms and God will be in agreement with the victims’ efforts to free themselves, but Equatorians should not wait for God to do what they can do to help their situations whether it is land grabs, cattle dumping and etc; because Equatorians have competencies, skills and knowledge to reclaim what belong to them.

The million question is: Are Equatorians using their competencies, skills, and knowledge to deliver federalism and save themselves from all forms of evil?  Or Equatorians minds are still sink in the mindset of Rubuna fi?  

Who are we-the Equatorians to claim that, we know God more than Jewish people? God helps those who help themselves. Theology of inaction never activate God’s blessings and power.

The take home message is, the villains are taking the advantage of Rubuna fi mindsets of Equatorian and keep occupying more lands, dumping more cattle, taking over churches in Great Equatoria and do more injustices and harms and before we know it we’ll driven out of Great Equatoria. The cultures of villains considered stealing as an honor and absence of basic social relationship ethics.  

The curse has made Great Equatoria a land of nobody, where the villains continue to create mess and get away with it, rape girls and women, dump cattle and armed cattle keepers in Equatoria to destroy farming communities’ producers and create man-made-hunger to starve Equatorians to death- this is another strategy to finish up Euqatorians through hunger. It is time for Equatorians to do the following:

1.    To stand against all forms of injustices;

2.    To assess the pass, the present and determine future through plan of actions;

3.    To provide options for immediate, short and long-terms;

4.    To foster sense of purpose (purpose of Unity)-unity of Great Equatoria;

5.    To get rid of Ŋun kata (Ŋun kata) Rubuna fi from their daily lives & Vacab;

6.    To revisit self-serving interests of local Chiefs and some community members who are selling lands to the villains. The strategy should be land leasing as oppose to selling. Consult “Land Law, by Judith-Anne Mackenzie & Mary Phillips)

7.    To train new leaders with new mindset and strategies to defend interests of Great Equatoria in the Post formation of government of national unity;

8.    To lead and put an end to the mindset of been followers of misleading leaders;

9.    To devise plan(s) to reclaim their land and should not depend on Juba regime to resolve the current policy of land grabs and cattle dumping, it is the JCE strategy and government policy to occupy additional lands in Equatoria through forceful displacement, fake marriages of Equatorian girls and

10. In order to realize the above Equatorian communities’ organizations in diaspora (ESSCA-US, ESSCA-CA, EQ in Australia) should call a conference of purpose of unity ASAP to discuss the current situation in Equatorian and coordinate with Equatorians in the country. Device local strategies to deal with cattle dumping and protect native lands and Equatorians interests.

The community’s leaders complain to Juba regime either Kiir or Speaker of the Parliament will not put an end to cattle dumping in Great Equatoria. This is the last call for Equatorians to wake up and act before assuming situation of Palestinian in occupying land. If Equatorian are not careful they will end up refugees in their own land. Let history prove us wrong. God bless Great Equatoria.

Endnote

1.    Ŋun Kata/ Ŋun Kata is Karo word means God exists.

2.    Rubuna fi is an Arabic word means God exists.