Sudan Tribune

May 28, 2017 (NAIROBI) – The Court of Appeal in South Sudan has ruled as “unconstitutional” a controversial wiretapping system used by South Sudan National Security Service (NSS) to listen to phone calls.

Napoleon Adok Gai (Getty image)

The device, which has been a subject of investigations by the United Nations panel of experts, was acquired by South Sudan from Israel.

In delivering its verdict in the case of the 16 people accused of corruption in the president's office, the Appeal Court held that “The trial judge had erred in facts and law when he convicted accused N0.1 John Agou Wuoi, accused N0.2 Anyieth Chaat Paul and accused N0.8 Kur Ayuen Kou on illegally and improperly obtained evidence from wiretapping telephone which violated Article 22 of the Transitional Constitution of the Republic of South Sudan 2011”.

The court agreed with a precedence cited by Advocate Kiir Chol Deng and summarised by the learned judges on page 56 of the judgment, which stated: “Map Vs. Ohio (1962) where the Supreme Court of the United States of America held that: evidence obtained in violation of the constitution has to be excluded from State as well as Federal trials, that is to say the prosecution cannot use evidence gained by illegal means to convict the accusees, even if the evidence is not obtained in direct contravention of the letter of the Constitution, where such evidence is obtained in such manner as to be reprehensible according to the spirit of the constitution, such evidence shall not be admitted”.

Another precedence cited and summarised on page 73 of the judgement read; “I also agree with learned Advocate Kiir Chol Deng in citing the Kenyan precedent of the appeal of the case of The Republic Vs. Gachoka and another (1999) EKLR, the court of appeal of Kenya held that “at the end of the day, it is the duty of the courts to enforce the provisions of the constitution, otherwise there would be no reason for having those provisions in the first place”.

The Court of Appeal further to said this on the issue of illegal searches and arrest carried out by the General Intelligence Bureau on page 70 of the judgement, “the arrests and search may not have conformed to provisions of section 75,76 and 77 of the Code Criminal Procedures Act 2008”.

The accused were arrested under section 7 of the National Security Service Act 2014, but not convicted under the same section thereof.

The Court of Appeal, on page 65 of the judgment, said “the judge of the court of instance did not also clarify role of each accused in commissioning of the offence, that is the link to the whole thing and these needs to be made clear in the judgement from evidence provided to the court”.

The judge had never quoted the specific sections of the laws subject to violations or the charges, nor did he discuss ingredients of the alleged offences committed by the accused in relation to evidence adduced by the parties before the court but accused were generally convicted without specifying acts or role of each accused in commission of the crime and intention”, it further stated.

The court verdict went further on page 66 stating, “in other words the trial judge should discuss mens rea and actus reus (action and intention) of different offences alleged to have been committed by each individual in order to prove guilt or commission of the alleged offence beyond reasonable doubt”.

The court cited a precedence of the Sudanese case of Sudan government Vs Fatima Hussein reported in SLJR 1966 at page 75-80; it has been remarked in the Sudan by Imam J “it is clear that for any crime to be complete, generally speaking, requirement of the law concerning mens rea and actus reus (action and intention) must both be satisfied else no crime would have been committed and the accused would be entitled to an acquittal”.

The majority decision of the appeal court ruled on page 64 of the Court of Appeal Judgement; “it is clear that the trial judge had erred in law when he decided to sentences the 16 accused persons to imprisonment for 7 years each for violation of sections 14/15 of Anti-money Laundering and Counter Terrorist Financing Act 2012 without conviction. It is also clear from records that the trial judge did not quote sections 14/15 of AMLACTF of 2012 and discuss them in light of the evidence adduced before the court by both parties, prosecution and defence to reach a just conclusion. It is a duty of the Court to discuss ingredients of every offence by posing questions and answering the same from evidence availed before it by the parties and the law, section in question, subject of violations.

In response to some grounds or contentions raised by the defence lawyers in their memorandum of the appeals presented to the court on behalf of appellants, the court had this to say to respond to No.4 on page 71 of the judgement “at this moment NO comment since it is my view somewhere in this judgement that the judgement of the court of the first instance be quashed and case papers be returned to the trial judge to discuss evidence adduced before it with law, that is to discuss ingredients of the offences with evidence available”.

Appearing in court on 4th May 2016 as prosecution witness N0.24, Napoleon Adok Gai, the spy- master behind the new advance communication gadget told the court the phone interception recordings he played in court as evidence against accused N0.8, Kur Ayuen Kou were done on his own personal accord. He was not authorised by his superior like the Director General of General Intelligence Bureau to monitor phone number either written or verbally.

This particular advance communication wiretapping device sold to the Government of South Sudan is now a subject of a legal battle in Israel. This is after an Israeli Member of Parliament filed a lawsuit, challenging the legality of Israel Defense Ministry decision to keep selling sophisticated wiretapping spy tools to South Sudanese government even after the bloody civil war broke out.

Tamar Zandberg, who currently represents Meretz party in the Israeli parliament, Knesset, filed a Legal case with High Court of Justice arguing that Jerusalem should stop selling listening devices to Juba because the tools are being used by the South Sudanese government to monitor its citizens unlawfully.

In her legal challenge, MP Tamar Zandberg added that she wants the High Court of Justice of Israel to legally barred the export license issued by Israeli's Defense Ministry, saying the license allows South Sudanese government to keep buying sophisticated listening devices from the Israeli government.

A recent report released by the U.N panel of experts accused the Israeli government of supplying South Sudan with high-tech communications interception equipment.

The report further said that Israel keeps exporting modern spy devices to South Sudan's government even after it agreed to a UN request to stop selling weapons to the violence-wracked nation.

In that report, the panel also alleged that the “advance spy tools” are being used by Juba to “eavesdrop on its opponents.”

(ST)

May 27, 2017 (JUBA) – A South Sudanese right body has urged the country warring factions to “fully” commit to the unilateral ceasefire declared by the president during last week's national dialogue launch.

Ugandan leader Yoweri Museveni speaks at the national dialogue launch in South Sudan, May 22, 2017 (PPU photo)

In a statement issued on Saturday, South Sudan Human Rights Society for Advocacy(SSHURSA) said it considers the dialogue as one of the best ways a country can choose to deal with its myriad issues.

The said national dialogue, part of the reconciliation and healing processes under Article 2 (2.1.3 ) of Chapter I of the Agreement on the Resolution of Conflict in the Republic of South Sudan(ARCISS), signed by the parties in August 2015 is supposed to be implemented along other functions of a joint government under the same accord.

South Sudan's President Salva Kiir declared a unilateral ceasefire with the country's rebels as he launched a national dialogue on Monday.

"I am once again declaring a unilateral ceasefire effective from today so that we create an environment for an inclusive dialogue and so that we can transport humanitarian aid to famine-struck areas," he said.

A 94-member steering committee for national dialogue was sworn in to start the work of bringing harmony and peace to the people of South Sudan. The committee co-chaired by Abel Alier and Angelo Beda Bangboru comprises of distinguished members of the country including religious leaders and professionals as well as politicians.

The national dialogue is both a forum and process through which the people South Sudan shall gather to redefine the basis of their unity as it relates to nationhood, redefine citizenship and belonging, as well as restructure the state for national inclusion.

SSHURSA, however, said President Kiir is one of the key parties to the ongoing conflict and he cannot thus be the lead patron, overseeing a national dialogue intended to resolve causes of the same conflict.

The human rights body, in its statement, also questioned the timing of the national dialogue initiative, saying it was not right given that South Sudan is now bleeding, with civil war raging all over the nation.

“The warring parties are still in active combat, famine is looming, violence remains the greatest threat to the civil populations and punctuated by constant human rights abuses. National dialogue as of now, cannot, therefore, be the wise choice to assume that it will by itself, miraculously put off the ongoing war in the country,” it said.

Also of concern, it further observed, is the membership to the launched national dialogue, adding that it has “exclusively” been dominated by President Kiir's friends, allies and members of the country's ruling Sudan's People Liberation Movement(SPLM) party.

“Practically speaking, a national dialogue with genuine intent to restore stability in a war-torn South Sudan, should have been designed in a manner that involves key armed opposition actors under main armed Opposition Leader Dr Riek Machar,” it stated.

The rights body, however, called for inclusion of opposition political parties, key civil society groups, grassroots community leaders and religious groups from South Sudan in the national dialogue process.

“A well-intended national dialogue should be participatorily inclusive yet the current national dialogue lacks such ingredients of inclusivity. In frank terms, the government is conducting a national dialogue with itself and its allies,” the statement further reads.

Meanwhile, the South Sudanese human rights entity appealed to regional and international bodies like the Intergovernmental Authority on Development (IGAD), African Union, United Nations and the Troika to appreciate the dire climax which violence in South Sudan has reached and overcome the indifference, then commit to a united voice and language to approach South Sudan's conflict.

Of priority, it said, is for the international community to push for the speedy deployment of a Regional Protection Forces (RPF) in the war-torn East African nation.

“United efforts and voice of the regional and international actors genuinely feeling sufferings of South Sudanese civilians, will ensure full and urgent deployment of this force to protect civilians,” it stressed.

(ST)

May 27, 2017 (IMATONG) – South Sudan's armed opposition factions under the overall command of General Patrick Ohiti in Imatong state have reportedly accepted in principle to join the national dialogue.

The map of Eastern Equatoria state in red

The move, officials say, came after months of intense negotiations.

South Sudan's President Salva Kiir officially launched the long-awaited national dialogue initiative in the capital, Juba on Monday.

Initiated by the South Sudanese leader in December last year, the national dialogue initiative is both a forum and process through which the people South Sudan shall gather to redefine the basis of their unity as it relates to nationhood, redefine citizenship and belonging, as well as restructure the state for national inclusion.

Since mid-December 2013, tens of thousands of people have been killed and over two million displaced from the East African nation.

In a statement extended to Sudan Tribune, Lawrence Eneriko, one of those involved in the negotiation process congratulated Ohiti for heeding to calls for peace and accepting to join the national dialogue.

“His [Ohiti] joining of the national dialogue is indeed very great news for the peace loving citizens of the Imatong state and this brings the whole state one step closer to attaining total peace and tranquillity in the whole state,” partly read the statement issued on Friday.

The negotiation team reportedly comprised of Steve Paterno, Edward Ofiyuk, Hakim Paride Mamur, Fr. Kamilo Afore, Hon. Col. Tulio Odongi Ayahu, Ikanga Itorong, John Andruga, among others.

Meanwhile, efforts are reportedly underway to address the rebel group's grievances through mechanisms already outlined in the national dialogue launched on Monday.

A 94-member steering committee for the national dialogue was sworn in on Monday to start the work of bringing harmony and peace to the people of South Sudan. The committee, co-chaired by Abel Alier and Angelo Beda comprises of distinguished members of the country including religious leaders, professionals and politicians.

(ST)

May 26, 2017 (JUBA)- South Sudan's armed opposition appointed commissioner of Payinjiar County said they repulsed an attack by armed youths from neighbouring Rumbek East on Friday morning.

Rebel fighters aligned with former vice-president Riek Machar gather in a village in South Sudan's Upper Nile state on 8 February 2014 (Photo: Goran Tomasevic/Reuters)

In a phone interview with Sudan Tribune, Brig. Gen John Tap Puot said the attackers, who emerged from two directions, attacked Pachienjok and Pachak villages located south-east of Ganyliel town.

The attack, he said, is the second in the area following the 19 May incident in which armed youth from Yirol clashes with rebels in the southern part of Ganyliel.

“We have repulsed numerous attacks this month alone with the youths from neighbouring Lakes state, who tried to penetrate into our territory,” he said.

The rebels' deputy spokesman, Col. Lam Paul separately confirmed the fighting in Payinjiar County on Friday and Thursday morning.

He says several attacks were carried out by pro-government forces in multiple frontlines of Equatoria, Jonglei as well as Unity states.

“At about 0700hrs, government militias once again launched an aggressive attack on SPLA-IO [Sudan People's Liberation Army-In-Opposition] base in Poki near Kaya border in violation of their declared ceasefire,” Lam told Sudan Tribune.

The official, however, claimed the armed opposition forces repulsed the attackers and pursued them until their current base within Kaya.

According to Lam, at least 19 militias allied to the Juba government, including a base commander only identified as Lt. Marial, his deputy died, with several others injured in both Poki and Payinjiar attack.

Sudan Tribune could not, however, independently verify the rebel official's claims.

“The SPLA-IO condemns these provocative acts of the government militias which are directed towards tarnishing the image of our forces regionally and internationally. We will always continue to defend ourselves. The struggle continues,” stressed Lam.

Renewed violence in South Sudan has turned the country into the world's fastest growing refugee crisis with more than 1.8 million refugees, having sought safety in Uganda, Sudan, Ethiopia, Kenya, the Democratic Republic of the Congo and the Central African Republic, according to recent figures released by the United Nations.

Last week, the U.N refugees and food relief agencies urged donors to step up support for people fleeing crisis-hit South Sudan as the $1.4 billion response plan reportedly remains 86 percent unfunded.

(ST)

By Tesfa-Alem Tekle

May 26, 2017 (ADDIS ABABA) – The Eritrean President, Isaias Afeworki has downplayed reports alleging his country's deepened ties with Egypt are intended to sabotage the construction of Ethiopia's massive hydro-power dam project.

The Nile River is a lifeline to some 80% of Egyptians and the desert North African nation fears Ethiopia's huge dam project being built on the main tributary of Nile River will ultimately diminish Cairo's historic water rights.

In 2013, Ethiopia and Egypt have been locked in a bitter war of words after Egyptian politicians were caught on camera proposing sabotage, including an air strike to halt the project.

However, tensions eased after Cairo and Addis Ababa engaged in a number of positive discussions along with Sudan which led to a cooperation deal signed in March 2015 in Khartoum. Ethiopia insists the dam will not harm the interests of Sudan and Egypt rather provide economic benefit

"The claim made by the Ethiopian regime that the relation between Eritrea and Egypt is targeting the millennium dam [Grand Ethiopian Renaissance Dam] is unfounded and stems from an unhealthy mindset" Said President Isaias in an interview with State-run ERITV this week on the 26 independence day anniversary occasion.

Ethiopian government officials were not immediately reachable for reactions.

In regard to the growing ties between Eritrea and Egypt, Afeworki further said that the bilateral relationship between the two countries has tremendously grown in a short period of time and that this will have significant dividends to the promotion of peace and stability in the region.

In October last year, the Eritrean leader visited Cairo where he met his Egyptian counterpart, Abdel-Fattah Al-Sisi and the two leaders discussed the deepening ties.

Ethiopia had previously accused some Egyptians and the government in Eritrea of providing support to Ethiopian opposition groups to disrupt construction of the multi-billion dollar power project and to destabilise the nation.

Ethiopia which is investing billions of dollars in building a number of hydro-power plants aims to become a renewable energy hub of the region.

It plans to export large amounts of clean and cheap hydro-power-processed electricity to its neighbours, other African countries as well as the Middle East and beyond.

The ambitious plan is part of the Horn of Africa nation's efforts towards becoming a middle-income country by 2025.

Although construction of the Grand Ethiopian Renaissance Dam (GERD) is seen by Ethiopians as having a vital role in transforming the country's economy and poverty alleviation, Egyptians view the project as a potential threat to their water security.

Ethiopia's Nile dam will be Africa's largest and the world's 8th biggest once completed.

The 4.2 billion dollar dam project is nearly 60% completed, according to the government. The Dam, being constructed on the Blue Nile has a capacity of 74 billion cubic meters and is expected to generate up to 6,450 megawatts of power.

(ST)

May 27, 2017 (KHARTOUM) - The family of the detained human rights defender Mudawi Ibrahim criticised the renewal of his detention in his absence and his lawyer, and described his detention without charges as “clear and explicit legal and constitutional violation of his personal freedom”.

Mudawi Ibrahim

Ibrahim, a university professor and chair of the non-governmental organisation Sudan Social Development Organisation (SUDO) was arrested on 7 December 2016 by the National Intelligence and Security Services (NISS).

On the first day of the holy month of Ramadan Saturday, Ibrahim's family broke their fast in front of the north gate of the maximum-security Kober Prison where Mudawi is being held to protest his detention.

In a statement extended to Sudan Tribune Saturday, Ibrahim's family has expressed concern over his continued detention without being tried, saying he has been deprived of his right to work and live a normal life in security and peace.

Last month, Sudan's Attorney General cancelled an earlier decision to release Ibrahim prompting his lawyer to say “it seems that a hidden motivation triggered the measure”.

It pointed out that more than a month has passed since the attorney general cancelled the decision to release their son on bail, saying the case has yet to be referred to court.

The statement added that some parties have been enticed and frightened to testify in the case, accusing the security prosecution office of procrastinating to implement the decision of the former attorney general to release Ibrahim.

It added the judge continues to renew Ibrahim's detention in the absence of his lawyer, saying the move contradicts the law because the defendant and his lawyer have the right to appear before the judge to decide whether or not to renew the detention.

Meanwhile, the lawyer of Hafiz Idris who has been detained along with 7 others since last November said his clients have been in detention in extremely poor conditions.

He pointed that the authorities accuse his clients of providing information to foreign parties about the alleged mass rape in Tabit area in North Darfur and allegations of the use of chemical weapons by the Sudanese army in Jebel Marra.

(ST)

May 27, 2017 (KHARTOUM) - In his first comment on the fighting in North and East Darfur states a few days ago, the leader of Sudan Liberation Movement, Minni Minnawi (SLM-MM) has accused the Sudanese government of attacking their positions in the region in an attempt to impose its solution to the 14 year conflict.

SLM-MM leader Minni Minnawi (AP Photo)

"The brutal regime of the National Congress (Party), as usual, mobilised the Rapid Support Forces (RSF) militias in a desperate attempt to hit the SLM in its strongholds and impose peace through the barrel of the gun," said Minnawi in a statement extended to Sudan Tribune on Saturday.

"Peace will never be achieved as long as the homeland is held hostage by the regime of the National Congress. The regime wants the whole Sudanese people to give up and stamp on a treaty whose clauses are drafted according to the victor's terms imposed upon the vanquished," he further said.

The Sudanese government on Thursday 25 May called on the hybrid peacekeeping mission which will submit a report to the Security Council next June to condemn the attacks by the SLM-MM and SLM- Transitional Council (SLM-TC) and to put pressure on the holdout rebel groups to accept a ceasefire and to negotiate a peace agreement.

The Foreign Ministry Under-Secretary Abdel-Ghani al-Nai'm further said the international community should condemn all those who support and provide a safe haven for the armed groups.

Sudan said the assailants came from Libya and South Sudan. Also, Khartoum accused Juba and Cairo of supporting and providing weapons to the two armed groups. the two neighbouring countries denied the accusations.

Minnawi added that his exerted for years its best efforts for a lasting, inclusive and just peace, stressing that "In times of war, peace and democratic transformation can only be achieved by stopping the war and addressing the root causes of the crisis. The first of steps to stop the war is to declare a cessation of hostilities to contain the humanitarian disaster caused by the regime's aggression on unarmed civilians."

He further pledged that the SLM-MM would resist and fight the regime to achieve a just peace in Sudan.

The SLM-MM is part of a peace process brokered by the African Union. However, the negotiations are stalled over the Doha Document for Peace in Darfur (DDPD) as the holdout armed groups demand to open it but the government rejected the demand saying the framework agreement is part of the constitution.

In an informal consultations meeting held in Berlin on 18-19 May, the government, SLM-MM and Justice and Equality Movement failed on how to refer to the Doha Document for Peace in Darfur (DDPD).

However, a source close to the meeting said that "both sides said interested in resuming negotiations and demonstrated a lot of openness on what can be negotiated".

The SLM-TC is not part of the peace process.

(ST)

May 27, 2017 (KHARTOUM) - The Sudanese economic expert, Sidqi Kabalo, Saturday predicted that the deteriorating economic situation in the country will see no major improvement following the formation of the Government of National Concord (GNC).

On 11 May, First Vice President and Prime Minister Bakri Hassan Saleh announced the GNC including 31 ministers and 44 secretaries of state. The new government, which represents a large coalition led by the ruling National Congress Party of President Omer al-Bashir, was part of the recommendations of the national dialogue process.

Large segments of Sudanese society complain about the deteriorating living standards and high prices of major consumer goods while the government is unable to intervene to lower prices or stop the economic decline.

Kabalo told Sudan Tribune Saturday the improvement of the economic situation has nothing to do with the creation of the new government, referring to the newly appointed economic ministers.

“It has to do with the commercial capitalism which is highly linked to the foreign markets, especially in Asia and the Gulf States,” he said.

He pointed that inflation continued to rise since November 2016, saying the holy month of Ramadan, the Eid el-Fitr holiday and the new school year will put further inflationary pressure on the economy.

“All these pressures will push inflation to its highest level even in the normal circumstances,” he added.

Prices of goods and services have soared in Sudan since South Sudan seceded in 2011, taking with it three-quarters of the country's oil output, the main source of foreign currency used to support the Sudanese pound.

The Sudanese pound has lost 100% of its value since South Sudan's secession, pushing inflation rates to record levels given that country imports most of its food.

Last April, Sudan's inflation rose for the twelfth month and reached 34,81 due to continued increase in food and energy prices.

(ST)

May 27, 2017 (KHARTOUM) - Sudanese military sources Saturday have dismissed media reports that 80 Sudanese troops have been killed in Yemen saying only 21 were killed, including 4 officers.

Sudanese soldiers carry the coffin of Haytham al-Tayeb, the first Sudanese soldier to die in Yemen at Khartoum airport on Friday January 29, 2016 (ST Photo)

The Sudanese army has been participating in the Saudi-led military coalition since 2015 in a regional effort to back the government of President Abd-Rabbu Mansour Hadi after he was ousted from the capital Sanaa by the Iran-backed Shiite Houthi rebels.

Media reports last week said the Houthis attacked Sudanese forces belonging to the Arab coalition near the Medi desert in Hajjah province, killing and injuring more than 80 Sudanese troops.

Military sources told Sudan Tribune the losses suffered by the Sudanese forces, “normal”, pointing out the forces came under the bombardment of the Houthis after the "excellent progress" achieved on the operational level.

He pointed that the front of the troops came under heavy fires after seizing important positions, stressing the Sudanese troops' injuries were mostly minor.

According to the same source, high-ranking officers have been dispatched to Yemen to ensure tight operational coordination “because the number of casualties in the last battle is the greatest loss among our forces.”

Until 13 May, only 8 Sudanese troops have been killed since launching the Saudi-led Operations “Decisive Storm” and “Restoring Hope” in Yemen in 2015.

(ST)

May 27, 2017 (KHARTOUM) - Over 28,000 South Sudanese refugees arrived in Sudan during the first half of May 2017; according to the latest report released by the UN refugee agency (UNHCR). The recent arrival increases the total number of South Sudanese refugees in Sudan to 417,000 people since December 2013.

In 2017, almost 137,000 refugees arrived from South Sudan, which is more than the total number of arrivals during 2016, according to UNHCR.

During the first half of May 2017, almost 20,000 refugees sought shelter and assistance in Sudan as a result of ongoing hostilities in Kodok in South Sudan's Upper Nile State. This includes 13,645 refugees in White Nile and a further 5,261 in South Kordofan.

Also, around 9,000 South Sudanese refugees arrived in East Darfur and South Darfur states between 1-15 May, according to UNHCR.

The refugees who arrive in Darfur region are generally from Bahr el-Ghazal region fleeing hunger, coupled with insecurity.

This new influx of refugees has put additional pressure on service provision in camps and settlement sites, prompting UNHCR and partners to step up efforts to achieve minimum emergency standards as quickly as possible.

Earlier this month, UNHCR and the World Food Programme (WFP) launched reviewed the Regional Refugee Response Plan (RRRP) for South Sudan and called on donors to step up support for people fleeing South Sudan.

"Humanitarian agencies are seeking US$1.4 billion to provide life-saving aid to 1.8 million South Sudanese refugees in the six neighbouring countries, including Sudan, until the end of 2017.

The Sudan portion of the RRRP is less than 10 percent funded, according to the Sudan Humanitarian Bulletin of the UNOCHA Sudan, citing UNHCR.

(ST)

May 26, 2017 (JUBA)° -The South Sudanese security authorities Friday have released a journalist working for a UN radio station in the troubled country two years and a half after his detention.

SPLA forces patrol the street of Wau town on May 16, 2016 (ST)

According to a statement released by the United Nations Mission in South Sudan (UNMISS) George Livio, who worked for Radio Miraya had been in jail since 22 August 2014 without trial.

The reporter was arrested in the north-western town of Wau.

In a statement issued on Friday, the Mission called for the release of its two other national staff members who are currently also being held in detention without trial.

The two have been detained with Livio by the National Security Service agents since 2014.

Human rights activists blamed, UNMISS for not condemning Livio's prolonged detention or exerting the needed efforts to secure his release.

"UNMISS continues to urge the South Sudanese authorities to respect national laws and the fundamental principles of due process under international human rights law," said the UN mission.

(ST)

May 26, 2017 (KHARTOUM) - The Sudanese committee for the administration of Abyei area said it has received an invitation from the African Union (AU) to resume the discussions with its South Sudanese counterpart on Tuesday.

UN peacekeepers from Ethiopia patrol the outskirts of the disputed Abyei town that straddles the border between Sudan and South Sudan on 16 September 2013 (Photo: Reuters/Andreea Campeanu)

Ownership of Abyei, a disputed oil-producing region contested by Sudan and South Sudan, remained contentious even after the world's youngest nation split from Sudan in 2011.

There is no joint administration between Sudan and South Sudan, as the Ngok Dinka refuse the formation of Abyei Joint Oversight Committee (AJOC). Instead, they call to hold a referendum without the Sudanese pastoralist Misseriya.

Now there are two committees one for the Misseriya appointed by the Sudanese government and another for the Ngok Dinka appointed by Juba government.

The head of the Sudanese committee Hassan Ali Nemir told the semi-official Sudan Media Center (SMC) they received an invitation from the AU to resume the talks which will pave the road to implement the June 20th, 2011 agreement between Sudan and South Sudan.

He said they insist the meetings must be held according to the previous references, stressing the need to consider the outcome of the meeting which was held in March 2015 besides developing a specific timetable for this year's as well as facilitating the work of aid organisations and the return of IDP's.

Nimir also called for holding an expanded meeting for the civil administrations to achieve peaceful coexistence among the communities of Abyei under the supervision of the joint committee, and that the peacekeeping forces should play their full role.

On 27 June 2011, the Security Council, by its resolution 1990, responded to the urgent situation in Abyei by establishing the United Nations Interim Security Force for Abyei (UNISFA).

UNISFA's establishment came after Sudan's government and the Sudan People's Liberation Movement (SPLM) reached an agreement in Addis Ababa, Ethiopia, to demilitarise Abyei and let Ethiopian troops monitor the area.

The Comprehensive Peace Agreement (CPA) provides that the contested territory remains part of the north until the organisation of a referendum determine its fate.
The difference over who will participate in the referendum prevents the two countries from holding the agreed referendum.

However, the Dinka Ngok organised a unilateral referendum from 27to 29 October 2013 to say they want to join the Republic of South Sudan.

Khartoum, Juba, the African Union and the international community refused to recognise the outcome of the vote.

(ST)

By Tesfa-Alem Tekle

May 26, 2017 (ADDIS ABABA) - The SPLM-Io led by South Sudan's First Vice President, Taban Deng Gai Friday accused rebel forces led by Riek Machar of violating a unilateral ceasefire declared earlier this week by President, Salva Kiir.

President Kiir on Tuesday announced a unilateral ceasefire without reaching a political agreement with rebels. He also pledged to release political prisoners.

However, Kiir's unilateral move doesn't seem to hold fire as South Sudan leaders today lodged accusations against forces of the former First Vice President turned rebel leader, Riek Machar.

In a statement sent to Sudan Tribune, Gai-led SPLM-IO group accused Machar forces of attacking their military base in Nassir town.

"This morning around 6:30 am, we came under heavy fire from Machar forces but they were repulsed around 11 am in collaboration with government forces," reads the statement.

Taban Deng Gai's SPLM-IO Army spokesperson, Dickson Gatluak, said Machar soldiers suffered heavy losses as they were repulsed back to the river banks.

"Five bodies were found on the battlefield and many more soldiers from the rebel side were injured," Gatluak told Sudan Tribune.

The group accused Machar's group of less commitment to implement a permanent ceasefire and causing serious violations not only to the recent unilateral truce declared by Juba but also to the regional bloc IGAD brokered peace deal signed among the two main SPLM rival factions.

The group called on IGAD monitoring and verification mechanism to take note of the two attacks allegedly carried out by Machar forces in different locations in Beih and Catjor states following Tuesday's unilateral ceasefire.

(ST)

May 26, 2017 (JUBA) - The chief of defence staff of South Sudan's army has cautioned soldiers against involvement in politics, saying their work was limited to guarding the country and protecting from external threats and harm.

On 10 May, President Salva Kiir removed the former SPLA chief of general staff Paul Malong Awan and sacked a number of generals from their positions in the army command. The purge aimed to consolidate Kiir power, as the intelligence service warned him against the presidential ambitions of his former close ally.

Referring to Awan, the newly appointed General James Ajonga Mawut said the army was not a political institution to protest changes in command.

"When someone is removed from the institution, it is not the institution which is removed. It is the individual and the system remains intact. Changes in command are prerogatives of the president in his capacity as commander in chief, and as soldiers, we comply with orders and implement them," he said in a meeting with senior military officers on Friday.

"We are not politicians and so it is important we do not talk politics. It is not our work. Our work is to defend the constitution, guard the country and protect civilians from external aggression," further said Gen. Mawut.

He assured the army's loyalty to the constitution and President Salva Kiir in a bid to downplay fears of rifts in the ranks and files, dispelling speculations that the army is split between those protesting the removal and replacement of the former chief of staff.

(ST)

May 26, 2017 (KHARTOUM) - The deputy governor of the Central Bank of Sudan (CBoS) Badr al-Din Qurashi Thursday acknowledged that Khartoum didn't benefit from Washington's decision to ease the economic sanctions saying investors look forward to seeing a full lift of sanctions in July.

Qurashi was speaking in a forum on the economic sanctions held in Khartoum attended by the U.S. Chargé d'Affaires Steven Koutsis and Tarek Fahmy the Acting Director in the U.S. Department of State's Bureau of Economic and Business Affairs, Office of Sanctions Policy and Implementation.

He pointed out that they expected Sudan's economy to rebound soon after Washington's decision to ease the trade and economic sanctions last January, saying the government started to take the necessary measures to prepare the economy for the post-sanctions era.

According to Qurashi, the benefits from the decision have yet to be realised for several reasons including the existence of Sudan's name on the list of states sponsors of terror which prevents Sudan from receiving any loans or financial aid under the U.S. Foreign Assistance Act and the US Export Administration Act.

Sudan was placed on the U.S. terrorism list in 1993 over allegations it was harbouring Islamist militants working against regional and international targets.

He also pointed that the international banks, especially U.S. banks, refrained from making transactions with their Sudanese counterparts, saying foreign investors fear to enter into large investments in Sudan before the full lifting of sanctions.

“The impact of the sanctions on the Sudanese banking sector was very serious and effective. It deprived it of exceptions and licenses to import basic goods and services, which led to the creation of a shadow banking services market”.

Qurashi added the sanctions have prevented the Sudanese banking sector and Sudanese citizens from using international payment and settlement systems and bank transfers, saying the banks were also prevented from acquiring advanced U.S technology.

“Overall, U.S. sanctions are one of the most important reasons for the deterioration of the economic and living conditions in Sudan over the last two decades because it raises the cost of production and the general price level which in turn reduces the competitiveness of Sudanese products,” he said.

The Sudanese official further reviewed his government's efforts to combat money laundering and terrorism financing, saying it culminated in the Financial Action Task Force (FATF) announcement that Sudan fully complies with all legal and institutional requirements to combat money laundering and terrorism financing.

In October 2015, FATF, an international agency on combating money laundering and terrorism financing, removed Sudan from its blacklist, saying the east-African nation is no longer a threat to the integrity of the international financial system.

Last January, former President Barack Obama eased the 19-year economic and trade sanctions on Sudan. The decision came as a response to the collaboration of the Sudanese government on various issues including the fight against terrorism.

Next June, several U.S. administration agencies will decide to confirm the decision of President Obama to permanently lift sanctions on Sudan or to maintain it.

(ST)

May 26, 2017 (JUBA)- South Sudanese government under President Salva Kiir said Friday it is not aware of the presence of the Sudanese rebels from Darfur region in Raja, an administrative headquarters one of the newly created Lol state.

Demonstrators in Wau, the capital of South Sudan's Western Bahr el Ghazal state, protesting against a ground and air attack allegedly launched by Sudanese Armed Forces in Kitkit, 119 kilometer north of its Raja County (WBGS courtesy photo)

Presidential Adviser on Security Affairs, Tut Kew Gatluak said Friday it was not true there are Sudanese rebels in the territory of the Republic of South Sudan, citing previous decisions expelling Sudanese rebels and commitments to fully implement and abide by terms of the 2012 cooperation agreement.

"As the government, we are committed to the terms and spirit of the cooperation agreement and the cordial relations and understanding of the two presidents, President Salva Kiir and his brother, President Omer El Bashir. With this spirit of cooperation, there is no any reason to not continue strengthening and enhancing areas of mutual benefits instead of continuing to rely on allegations and rumours which could be dispelled through dialogue and diplomatic engagements", said Gatluak.

His comments echoed recent statements of the Information Minister Michael Makuei Lueth, who dismissed as baseless reports quoting Sudanese officials that Juba continues to provide supports and hosts different leaders of armed opposition factions with the objective to destabilise Sudan.

Sudanese officials recently claimed Juba and Cairo have backed attacks carried out stimulatingly by Sudan Liberation Movement -Minni Minnawi (SLM-MM) and SLM- Transitional Council (SLM-TC) on 19 May, 2017.

The first from Libya was led by SLM-Tc leader Nimer Abdel-Rahman and the second from South Sudan and led by Mohamed Abdel Salam (aka Tarada) SLM-TC. The later reportedly had been in prison in Juba before to be released in early May to lead the attack on East Darfur where he was killed.

Minister Lueth in a statement on Thursday denied the claim and instead accused Sudanese government of supporting South Sudanese rebels. The minister, who speaks as the government spokesman claimed they have "enough evidence that Sudanese government provides supports to the armed and non-armed opposition."

“We have enough evidence that those people are in Khartoum and they are being accommodated in hotels, and military training camps are open to train them. So, the accusation that South Sudan is supporting Sudanese rebels is not true,” said Minister Lueth when asked on Thursday.

While the minister of information and presidential advisor on security affairs have denied the presence of the Sudanese rebels in the country, the deputy governor of Lol state, in his resignation letter of 19 may, 2017, accused Governor Rizik Zachariah Hassan of hosting Sudanese rebels in the area.

Lual Dau Marach said the presence of the Sudanese rebels in the state was a contradiction to the policy of the national government which advocates normalisation of relations with Sudan.

"Governor Rizik Zachariah is hosting Darfur rebels in our state to destabilise our relations with Sudan. You can see the contradiction. the national government is calling for normalisation of relations with Sudan and Governor Rizik is hosting Darfur rebels to destabilise Sudan," wrote Marach.

The Sudanese army in the past used to bombard the alleged Darfur rebel camps in Raja of Western Bahr el-Ghazal region.

Observers in Juba say there are different positions in Juba towards the normalisation of relations with the Sudan. While some are favourable for the implementation of the security protocol included in the Cooperation Agreement of 27 September 2012, other like the former army chief general staff are hostile to the move for different reasons.

Paul Malong Awan was hostile to the implementation of the border demilitarised zone because it includes a part of Mile 14 area which is disputed between the Sudanese Rezeigat and the Malual Dinka, his ethnic group.

(ST)

May 26, 2016 (JUBA) - South Sudanese Former Political Detainees (FDs), a faction of the ruling SPLM party, declined to sign a new agreement for the SPLM reunification negotiated in Kampala in a meeting brokered by the Uganda President Yoweri Museveni.

S. Sudan's rebel leader Riek Machar (R) and SPLM SG Pagan Amum during the signing ceremony in Addis Ababa, August 17, 2015. (Photo Reuters/Tiksa Negeri)

A document seen by Sudan Tribune called for the formation of a committee from the SPLM-In-Government of President Salva Kiir, SPLM-in-Opposition led by the First Vice President Taban Deng Gai and the FDs led by Former Secretary General Pagan Amum.

"A working committee will be formed and tasked to work out a roadmap for the implementation of the Arusha Agreement, and to end the war and plan for peace," partly reads the document signed by Ugandan President Museveni, acting SPLM Secretary General Jemma Nunu Kumba, Ezekiel Lol Gatkuoth, the SPLM-IO official loyal to Taban Deng Gai.

The 12-page Arusha agreement signed by SPLM-Salva Kiir, SPLM-Riek Machar and SPLM-Pagan Amum, on 21 January 2015 lays out key steps towards the reunification of the historical party.

Pagan Amum, who attended the meeting alongside Kosciusko Manibe and Magak Agoot as members of FDs, did not sign. An FD official described the agreement as a "fake" deal.

The SPLM-IO loyal to former first Vice President Riek Machar wasn't represented. The group considers that an agreement excluding Machar means the continuation of the war.

In line with the Arusha Agreement, the three groups committed themselves to
to comply with the provisions of the cessation of hostilities agreement and to make a "public apology to the people of South Sudan for what has happened since December 15, 2013."

SPLM factions, including the SPLM-IO led by Riek Machar, agreed in Arusha, Tanzania in January 2015 to reunite but the process halted since.

It was not immediately clear what the new agreement aim to achieve and how any "working committee " that does not represent the armed SPLM IO would help to end the conflict.

(ST)

May 21, 2017 (JUBA) – The South Sudanese government has announced that the national dialogue, will convene on Monday 22 May after a long delay in order to include holdout opposition leaders.

Juba has warned the armed and non-opposition groups which have refused to join the dialogue, that any attempt to sabotaging the government-led political process will not be tolerated.

According to leading members of the organising team, President Kiir has given the go ahead to invite, accommodate and provide necessary logistics to the national dialogue committee.

"I am glad to let the people of South Sudan through the media know that the long-awaited national dialogue committee on which the secretariat has been working will be officially opened on Monday," said Daniel Awet Akot, the Presidential advisor on military affairs.

"This will not only be in Juba alone. It is a bottom-up dialogue and so a general national dialogue will start in all the states across the country,” he further said.

Akot went on to say that President Kiir who is the chairman of the process would just open the proceedings, but the real work would be done by the co-chairpersons.

The Presidential advisor told Sudan Tribune on Sunday that President Kiir had already met delegates representing several factions.

Akot's commented that the President would no longer wait for opposition parties, adding that he would extend patience but he would not allow the dialogue to fail.

He noted that his administration could not force opposition parties to join the national dialogue, asserting that any attempt to undermine it would not succeed because of the significant political and social support it has received in the country.

Meanwhile, the Presidential press secretary said in a statement, “the office of the President appeals to all the members of the steering committee, including Co-Chairpersons, Vice Chairperson, the Rapporteur, and two deputy rapporteurs, Foreign External Members, and the Secretaries to came to sign their names.”

The press secretary further reminded the Centre for Peace and Development Studies, Ebony Centre, to send the names of two members into addition to the representative from South Sudan Council of Churches which has been allotted three members and South Sudan Islamic Council with one member.

(ST)

May 20, 2017 (KHARTOUM) - The government militia Rapid Support Forces (RSF) claimed they killed the commander of the Sudan Liberation Movement Minni Minnaxwi (SLM-MM) during fierce clashes in North Darfur State on Saturday.

The RSF has managed to defeat the rebels and kill SLM-MM General Commander Juma Mundi, said RSF Commander Mohamed Hamdan Daglo, (aka Hametti) in statements to the official news agency SUNA on Saturday evening.

He added they also killed and captured a number of SLM-MM fighters without providing the details, seized six armoured vehicles and a number of armed vehicles with all their military equipment.

Hametti said they lost four militaries, including Colonel Hamdan al-Samih and a number of wounded.

The two parties traded accusations of breaching a unilateral cessation of hostilities they declared since last year.

The government says the rebels entered into the region from Libya where Khartoum claim they are based, while the SLM-MM says the government forces attacked their positions in North Darfur state.

The Sudanese government, Justice and Equality Movement and SLM-MM expressed willingness to resume peace talks in an informal consultations-meeting in Berlin on Friday 19 May.

The warring parties in the western Sudan diverge on the reference to the Doha Document for Peace in Darfur which is rejected by the two armed groups while the government says it is now part of the constitution.

(ST)

May 20, 2017 (JUBA) - Members of South Sudan's armed opposition faction (SPLM-IO) have dismissed as untrue reports that their leader Riek Machar was replaced with his wife.

Angelina Teny addressing the international Women's Day in Juba, March 6, 2013 (ST)

Social media was awash with news that Angelina Teny had allegedly been appointed acting chairperson of the armed opposition movement.

But Machar's press secretary Lam Kuei Lam denied the veracity of the said document, describing it as “fake and forgery”.

He called on all supporters, members of the movement and South Sudanese not to believe the "fake" document claiming Angelina was acting chairperson of SPLM-IO.

“The document being circulated on social media about the appointment of Madam Angelina Jany Teny, as acting chairperson of the movement (SPLM-IO) under the leadership of Dr. Riek Machar Teny, is a fake document,” Kuei wrote on Facebook.

The document, rebel officials say, could have been circulated by government officials. Such a document is similar to the ones supporters of the government of President Salva Kiir have always circulated, purporting them to have been done by Machar.

Political analysts have always interpreted the motive for the circulation of faked documents in the name of Machar as part of the political campaign using propaganda to foment discontent within the leadership, with view aimed at encouraging split and disintegration into ethnic and family factions unable to challenge the government.

Such political machinations are designed to weaken the support base of Machar as the leader of the movement and to portray him as someone selfish and pursuing personal interest in the name of advocating for change and democracy while his actions in appointments shows the opposite.

(ST)