NCP commits another blunder in appointing a special prosecutor for Darfur War Crimes

By Madut A. Majok

The NCP has undoubtedly exhausted all options in its attempt to fight off the indictment against President Omar Al Bashir. If it had better alternatives it could have not settled for setting up another illegitimate prosecutor office like the one that failed earlier on to arraign Ahmed Haroun and Ali Kushayb.

Did Abdel Basit Sabdarat, the minister whose justice fell under his docket considers Sudan’s wounded reputation in the international circles when he issued his sham decree appointing a special prosecutor for Darfur War Crimes? Did he know that the international community has run out of patience with Sudan? Even the Chinese are now feeling the heat for supporting an ally that commit blunder after blunder.

If the intention of instituting prosecutor office three weeks after Al Bashir indictment is to evoke the ICC’s complimentary clause, then Mr. Sabdarat should have known the time he should have done that has gone. As observed by Dr. Hadi Shalluf, the defense counsel for Darfur, Sudan could have moved to prosecute war criminals a long time ago.

If the NCP is really serious about prosecuting Darfur war criminals, let it starts by firing both Haroun and Kushahb from their ministerial positions and detain them in Kobar prison before it tells the world about the sham prosecution office. It should have been clear by now that feet dragging is detrimental at the long run. The noose on Al Bashir neck is tightening each day and salvaging him from the ICC jaws require drastic actions not mere shameful acts like setting up a politically motivated prosecution office.

Governor Nypoch detains 7 SPLM officials in Wau!

By Khartoum Monitor Staff Writer

The Governor of Western Bahr El-Ghazal State, Mark Nypoch has detained seven (7) top members of Sudan People's Liberation Movement (SPLM) in Western Bahr El-Ghazal State who are predominately from Fertit Tribes and Dinka Marial Bai (Marial Wau).

On Monday 4th August 2008, Nypoch issued arrest warrants for the former government officials in the state who have been relived from their positions two weeks ago on allegation of "conspiracy" against him (Nypoch).

The detained officials are: Col. Rezek Zachariah Hassan [Keresh by tribe) and former Commissioner of Raja County, Lt. Col. Wol Madwang [Dinka Marial Bai) and former Commissioner of Jur River County, Brig. Gen. Wol Akeich [from Dinka Marial Bai] and former Economic Advisor to governor Nypoch, Mr. Baptist Sebit Francis [Golo by tribe] and former Minister of Information and Communications of the government of Western Bahr El-Ghazal State, Uncle Anthony Ubur(an elder from Balanda tribe) and former Minister of Agriculture during the time of governor Dr. Michael Mili Hussein, and his son, Mr. Luka Anthony Ubur [Balanda by tribe a teacher by profession] and Chairman of the SPLM Youth in Western Bahr El-Ghazal State who was fired by March Nypoch, and Mister Anyar Anyar[Dinka Marial Bai] and former Minister of infrastructures in Western Bahr El-Ghazal State and now a Lecturer at the University of Bahr El-Ghazal.

Speaking to Khartoum Monitor Newspaper by phone from Wau yesterday, Col. Rezik Zachariah said they have been apprehended due to the fact that o Sunday, 3rd August 2008, they paid a visit to Marial Bai and enlightened the local population on the Comprehensive Peace Agreement (CPA) in their capacity as SPLM officials, and upon their return, the governor ordered their arrest.

He said Nypoch also accused them of having forty (40) guns in their houses and when Nypoch's forces storm-searched their houses, there were no weapons found.

Col. Zachariah described what is happening in his state as "Nypoch's political tyranny", adding that Nypoch see them as "threats and adversaries" to him as long as they share one state and also as members of the SPLM as election time approaches in 2009.

The SPLM officials were arrested at 6:00 PM on Monday and are still in detention till now. When the news of the arrest of the seven SPLM officials reached Khartoum , some SPLM members from Western Bahr El-Ghazal State communicated with the First Vice President and President of the Government of Southern Sudan (GoSS), Let. Gen. Salva Kiir Mayardit and he (Kiir) ordered Nypoch to immediately release the detained SPLM officials (that very night), only that Nypoch did not "obey" Kiir's order, sources from Wau disclosed!

At the same time, sources from Wau divulged that when the news of the arrest of the SPLM officials reached different corners of Wau town late Monday evening, some disgruntled Dinka Marial Bai men and youth rushed to Nypoch's house in an attempt to revenge and also to the house of the SPLM Secretary General in the State, Mr. Kamil Wani [who was reported to have jumped over the fence] escaping death narrowly!

The same sources stated that, that phenomenon would have created another tribal conflict in Wau.

GoSS President Salva Kiir Mayardit on Tuesday sent his envoys from Khartoum and Juba to Wau to help rescue the situation. The State Minister at the Presidency, Joseph Lual Achuil and Kiir's Office Manager in Juba , Mr. Martin Madut arrived in Juab heading a high level delegation (which includes a brigadier from Sudan Security and National Intelligent) .

The committee headed by The State Minister at the Presidency, Joseph Lual Achuil met with the state government in Wau yesterday and the meeting ended at 2:30 PM and later met with the detained SPLM officials in detention centers and later the committee decided to release them.

Nypoch insisted that the detained officials be put under house arrest with police guarding them in their houses and insisted that the Wau police should be the one to investigate with them, but Achuil who leads the committee rejected and said his committee will investigate and take a report to GoSS President and SPLM Chairman, Salva Kiir in Juab—Sources in Wau disclosed.

It is also revealed that Kiir will summon Nypoch to Juba to explain why he arrested SPLM officials and vindicate his allegations.

Performance contracts are the way out from corruption and slow service delivery in S. Sudan.

By Madut A. Majok

A lot have been written about corruption and stagnation in service delivery to the people of S. Sudan since GOSS was formed in 2005. This out cry is justified, because the masses of S. Sudan and marginalized areas have endured the hardship for two painful decades of war. Now that peace is achieved, a lot of people are looking up to the government to provide services or at least to show them some direction towards self-reliance.

With significant resources from oil wealth and commitment of donors to fund reconstruction of S. Sudan, many people are surprised at GOSS’s inability to speed up service delivery. People have pointed fingers at corruption as an impediment and debated this point over and over again in many internet forums used by S. Sudanese. However, what people have failed to do in this continuous debate/discussion around this issue is to provide ways on how to tackle it. The discussions have often been overshadowed by political considerations to the point that in the process we are distracted from suggesting the way forward.

I believe many of us who have participated in the debates are coming to the realization that this morass will never be defeated unless we present our views on how to tackle it. This piece is my attempt to suggest what could be done to move things forward. I sincerely hope that some of you irrespective of where you reside around the globe will join hands with me and put forward our ideas on how GOSS should serve S. Sudanese.

In this article, I am suggesting three things GOSS must undertake to reverse the current trend:-

1. All levels of government in S. Sudan must be encouraged to apply performance contracts (PC) in their hiring process. A PC for the sake of clarification is a written agreement between a manager of a state enterprise who promises to achieve specific targets in a certain time frame and the government which usually promise to reward achievement with a bonus or other incentives[1].

Since performance contracts call for strong institutional backing in order to be effective, others will argue that S. Sudan does not have strong institutions to provide sufficient incentives and commitment of both parties to the contract. However, accepting lack of institutions argument as a reason why (GOSS) is not establishing strict results oriented hiring is to miss a point. By adopting PCs, GOSS will be making it easier for those responsible for hiring civil servants to set goals and evaluate achievements. It will also make it harder for the same people to hire incompetent relatives or tribesmen, because they know that PCs allow for stringent evaluation that gives positive incentives to excellent performance and negative ones for a shoddy job. Armed with this tool, GOSS could easily weed out both in competent and inefficient employees who are draining its treasury and are not productive.

2. All levels of government must make it a policy to educate employees at lower level to understand the relationship between remuneration and productivity. Every pound paid out to employees must be earned honestly. Everyone in S. Sudan from the farmer in the country side to the office worker in towns must sweat to make a living. Failure to enforce discipline among government workers is the surest way to failure. The same could be said with paying people who are not productive. Surely, we can not afford to encourage a culture where government jobs are seen as leeway to escape hard work. Last year in Wau, I saw government employees sitting under a tree and engaging in unnecessary conversation during work hours. In countries where work discipline is enforced; employees can do what I saw only during their break time. Tree shades are not substitute for offices unless those who indulge in this habit do not have clear job descriptions.

3. GOSS must be prepared to spend money on expertise that is not available in S. Sudan. Judging on how contracts are awarded since GOSS was formed and the kind of services delivered on behalf of GOSS, it is reasonable that GOSS disengaged itself from awarding contracts to briefcase companies own by nationals. Instead, GOSS must institute a competitive bidding process that is open to competent and reputable local, regional and international companies. To ensure delivery on contracts, all bidding companies must demonstrate requisite business integrity as well as financial and organizational competence. Any company without demonstrable business experience and organizational competence should be eliminated in the bidding process. This way, the government can deliver the required services instead of enriching few individuals who are smart enough to register companies on paper which are not backed by obligation to fulfil their contractual demand.

[1] Definition taken from Mary, Shirley and Lixin, Colin Xu Policy Research Working Paper titled “The empirical Effect of Performance contracts: Evidence from China.

Apologist, is this acceptable to you?

By Madut A. Majok

Oh, apologist of the Sudanese state, the supporters of rent seeking, the murderers of fellow compatriots, the assembly of greedy racketeers, the oppressors of the peripheral regions in the Sudan for the last 52 years, your days are numbered.

Violence, your alternative to dialogue in solving national issues has been neutralized by the heroic deeds of the marginalized. Religion, the vehicle you have used to rally the poor to support your greed has been betrayed by your own actions in Darfur and tainted by your support of international terrorism.

Instead of shouting slogans in the support of Al Bashir who has brought nothing to Sudan but shame, we are better off trying to find what we can do to heal the wounds inflicted on the marginalized people and to build a New Sudan on the premise of equality in citizenship, where we are all governed by the axiom: Equality for all and privileges for none? Apologist, is this acceptable to you?

President Al Bashir’s Indictment Complicates Issues for NCP

By Madut A. Majok

Sudanese, especially those who have suffered under the oppressive policies of NIF/NCP since it took power in 1989 received with joy the news that President Bashir has finally been indicted. This indictment is long overdue and has done justice to all Sudanese who have suffered untold atrocities in silence since Sudan gained independence in 1956.

While the crimes President Al Bashir is accused of committing are specifically related to Darfur, a judicious person will discern that NIF strategy in Darfur is not different from the Arabs in Sudan desire to kill diversity in the country. This was to be achieved by forcefully repressing South Sudanese resistance to Islam and Arabism while at the same time politicizing religion to rally Sudanese Muslims against the South. Religion became a subterfuge in the quest for Arabism, but the ultimate objective was to divide African population in Sudan and conquer it. Today, that veil of religion as a unifying force in Sudan to be utilized for the project of “Arabism” has been ruptured irreparably by this on going war in Darfur.

The timing of the indictment is problematic for Mr. President and he will have himself to blame for being caught off guard. Through shortsightedness and intolerance, Mr. President has weakened the entire safeguard that would have helped him in fending off ICC indictment. The following have dealt a fatal blow to President Al Bashir standing inside Sudan and among his peers in the international community.

1. His party coterie’s strategy of manipulative diplomacy and recalcitrance approach to international community has eroded trust for Sudan’s government diplomacy. No one today takes Khartoum seriously with the exception of Chinese who are bent on satisfying their energy demand at whatever cost. President Deby of Chad summed up this erosion of trust when he told radio France international on the side lines of African Union meeting two weeks ago in Egypt: "I don't need to meet (Sudanese President) Omar Hassan al-Bashir ... I'm for peace in this region, but I have no need to meet someone who has never kept his commitments. Deby’s words are manifestation how difficult it is for Sudan’s neighbors to trust Sudan’s intentions.

2. The Comprehensive Peace Agreement which in the first place safes President Al Bashir and his cronies’ skin from prosecution when Ahmed Haroun and Ali Kushayb were indicted is not being implemented faithfully. CPA is currently in its third year and many clauses have not been implemented. Border demarcation, transparency in oil revenues and the recent tragedy in Abyei all points to lack of political will to implement the agreement that brought some respite to NCP politically. These unresolved issues will prevent SPLM to forcefully support its peace partner in times of difficulties like this, a support without which NCP will not survive both international and domestic pressures.

3. The government reaction to the news of indictment is not helpful in anyway. Mr. Abdalmahmood Abdalhaleem Mohamad, Sudan’s ambassador to United Nations, a characteristically partisan attack dog for NCP, went on offensive today warning international community of grave repercussions if the ICC went ahead with the so called indictment. This warning is an empty shell, but it sets the stage for the Chinese to veto the indictment when it is presented to United Nations Security Council on the ground that it will jeopardize current efforts towards search for sustainable peace in Darfur. Undoubtedly, China will give President Al Bashir the life line he needs; the Chinese will surely veto the indictment when it comes before UNSC in exchange for oil supply. Nonetheless, whatever happens with this indictment, a point has been made that impunity can be punished no matter how long it takes.

4. Insincere pursuit of durable peace in Darfur. Khartoum currently is trying its best to divide the Darfur rebel groups. It does not like the idea of a unified position from anti-government groups in the region. To weaken these groups, the government is now maintaining that Justice and Equality Movement be excluded from any negotiation as a precondition for talks with Darfur rebels. To keen observers of Sudan politics, this is a ploy whose objective is peace by piecemeal with Darfur rebels. Khartoum knows that a unified position means more concessions on its side and a fragmented position means fewer concessions. Khartoum’s assertion that JEM must be excluded from the talks because of the daring attack on Omdurman flies in the face of logic. If everyone goes by that standard, then all the Darfur anti-government forces will cite scorched earth policies meted out against people of Darfur by Mr. Al Bashir government to reject any talks with it.


All the listed problems above are President’s Al Bashir and crew creation. With all the above issues pending and the ICC knocking at Mr. President’s door, the best antidote to all this is for him to surrender himself to ICC and advise his accomplices to do the same. This indictment has undoubtedly tipped the balance and pushed things to the point of no return. Things will never be the same again for Mr. President!

Announcement

For readers who were expecting more from this blog, I am hereby informing you that I will resume blogging in the first week of next month. Please stay tune.... I will be information on issues on Sudan, UN and education on conflict affected states....

A section on friends

Mayuen Makuach Akech: aka, Mayuen Turkana. He currently works for New Sudan Relief and Rehabiliatation Commission, an agency of South Sudan Government (GOSS).
From right, Alfred Ungum, Agacio Goch Deng Goch and Peter Gar Awar, aka, Strong-made. For those who were in Kakuma, Gar was in Nile primary school where played soccer for the school team. He was a formidable right back for the team.