Africa

By Beny Gideon Mabor

This policy brief underlines an overview on the development of a permanent constitution before and after the conflict in South Sudan. It will also discuss pros and cons of modalities agreed to produce the permanent constitution vis-à-vis the concept of people-driven constitution through supreme will of the people. Prior to the emergence of the peace deal in August 2015, which carries some legal superiority over any pre-December 2013 institutions and legal framework including the Transitional Constitution of the Republic of South Sudan 2011, there was an existing institutional mechanism for permanent constitution making which was interrupted by the coming into force of the new political order that specifically proposes institutional reforms including new journey for permanent constitution. The paper will offer emerging realities of the constitutional development contrary to the political or elites perceptions on the constitution making and finally provide policy options necessary to begin political and democratic reconstruction of a post-conflict South Sudan.

The aborted birth of a permanent constitution for South Sudan started under midwifery of the National Constitutional Review Commission NCRC established under article 202 of the Transitional Constitution, 2011. Article 202 subsection (6) and (8) of the transitional constitution mandated the NCRC to “review the Transitional Constitution and collect views and suggestions from all the stakeholders including any changes that may need to be introduced to the current system of governance and conduct a nation-wide public information programme and civic education on constitutional issues”. The end game of these terms of references was to produce zero draft constitutional text.

The second step was to convene a national constitutional conference as provided under article 203 of the constitution. The memberships of the conference was to be drawn from all sectors of South Sudanese society from political forces, to civil society, youth, women groups, faith based institutions, traditional authorities, professional associations and people with special needs amongst other categories to deliberate and approve the constitutional draft text. However, the constitutional text was to be tabled before the then National Legislative Assembly NLA for deliberation and passage after which the same shall be presented to the President for assent and it becomes law. That was pre-December 2013 labor pain for delivery of a constitution but later aborted in the process by choosing to kill each other than embracing the long-awaited birth of a constitution.

Fortunately or unfortunately enough, the above numerated legal processes are no more in existence. The peace agreement came with its own terms and conditions for the making of the permanent constitution in a rather complicated way unlike the former procedure where relative consultations was to be sought. Chapter six article 1 (2) of the peace agreement provide inter alia, that the Transitional Government of National Unity referred to as TGONU, shall initiate and oversee a permanent constitution making process during the transitional period, including but not limited to considering supremacy of the people of South Sudan alongside their contested demand for a federal democratic system of governance that reflects the national character of South Sudan.

The second parameter is that the Transitional National Legislative Assembly TNLA, shall within the first six months of the transitional period enact a legislation to govern constitutional making process, provided that such constitution making is accomplished within 18 months following the establishment of the transitional period in order to guide elections toward the end of the transitional period. In a very positive move, the peace agreement recognizes the work of the previous NCRC and therefore allow its reconstitution on new basis with new competent human and material resources to engineer the process of the constitution making.

It is provided under chapter six, article 1 (5) and (8) of the peace agreement that “the NCRC shall be appointed by the executive after adequate consultation with all keys stakeholders including but not limited to political parties, civil society organizations and faith-based groups for their view to prepare draft constitutional text, however the process of appointment shall be defined in the reviewed and enacted legislation governing the constitution making process.

In a similar term, the zero draft constitution that will be produced by the reconstituted NCRC shall be presented to a national constitutional conference whose memberships this time round shall be elected representatives, in a manner to be determined again by the long awaited legislation. Thereafter, the adopted constitutional text shall be presented by the Minister of Justice and Constitutional Affairs to the Constituency Assembly for deliberation and adoption. Of course South Sudan has no constituency assembly either. As a result, the parties to the peace agreement agree under the provision of chapter six article 5.5 that the “Transitional National Legislature shall be transformed into a constituency assembly on the first date of the 27 months of the transitional period for the purposes of passing the constitution after which it shall be dissolve preceding elections”. This is now the journey for permanent constitution making. Although the dye is cast, yet the peace agreement or the transitional constitution, 2011 are not carved in stone, but subject to amendment if need arises.

New Realities of Constitutional Development
After this literature review of the two processes of constitution making, South Sudanese are still left in a limbo to know the rightful architecture for constitution making between the pre-December 2013 arrangement and the current one brought about by the peace agreement. From my personal point of view as an individual, I still believe that the pre-December 2013 charter for constitution making was the rightful and inclusive procedure to make a long-lasting flexible constitution. In my view, some principles on the parameters of the permanent constitution under the peace agreement were push down my throat and others during the negotiation, but had to bitterly swallow them that way not only in the interest of peace, but the two major partners-the government of South Sudan and SPLM/A-in-opposition were in agreement. My argument at the negotiating table was just a cry of the poor that no one pay attention.

With this peace agreement, a golden opportunity is avail to answer the above mentioned questions and many more coming in the production of this governing legal instrument. Four years down the line, South Sudanese are still asking question of what type of constitution is really needed in South Sudan. So far, few actors including civil society groups and women networks attempted to highlight these principles of a needed constitution, some of which will appear here in support of continue search for permanent constitution. To get what type of constitution is desirable, it must be noted to know how and why constitution in the first place is made? And the answer is that constitution is made as a result of peoples' decision to make a break from the bad past and lastly constitution is also made when people say enough is enough from the treatment of political and military kleptocrats of a given country.

In South Sudan, both situations have evidently applied as South Sudanese first broke away from the Sudan with a promise to join the community of nations in a legally organized socio-economic and political society. Yet, the dream of good citizenship and enjoyment of freedom in one's own country were turned into nightmare. The second thought can be good reason to say enough is enough after suffering of the citizens and who continue to suffer until date in a dignified silence.

From 2005 up to 2011 alone, the values and principles of good governance in the constitution were compromised on the expenses of attainment of present day South Sudan. This is shown by some losers of 2010 general elections although skirmishes of corrupt electoral processes and voting exercises have shown. Lastly the biggest unifying agenda was referendum on the right of self-determination for the people of South Sudan which inspire many citizens and indeed set aside all their wrongdoings and voted by 98.83 % to create a country of their own.

In July 9, 2011, South Sudan was admitted as world newest state. Shortly thereafter, the youngest country stumble on bad foundation as it struggle with both constitutional governance and political leadership crisis. Yet, the answers for all crisis lies with the constitution. As a tradition, constitution establish the basic structures and powers of government, determining their terms of reference, and regulating the relationships between the rulers and the ruled through well stated social contract. In other words, let me keep repeating the quote of Justice Ismail Mahomed, a former Chief Justice of South Africa who said that “the constitution is nothing less than a ‘mirror reflecting the national soul”. If you no longer see yourself in the wall mirror, then such mirror should be thrown into dustbin. By achieving a well mirrored constitution, there are number of governance issues that need serious discussion and consideration in the upcoming constitution making.

First, is lack of space for open conservation on issues of democracy and governance between the citizens and their government in the fulfillment of supreme will of the people. In this case, a good number of civic network proposed that elections as a major determinant of democracy and good governance must be discussed including how positions in the constitutional and support structures are filled; the question of presidential term limit, appointment and termination of service of constitutional office holders and other senior public officials.

Second most important agenda is the limitation of powers. The principle of limitation of powers is central to constitutionalism. And constitutional governance can only be achieved when government institutions and political processes are effectively constrained by constitutional rules. It is often expressed in the form of support for constitutional provisions that achieve the goal of limiting government. The government should be legally limited in its powers – and its authority depends on observing constitutional limitations. These limitations are, for example, in the form of individual or group rights versus government powers such as the rights to free expression, association, equality; and the due process of law. The rules imposing limits upon government power must be entrenched in the constitution and the government must not have the capacity to change those limits as they so desire.

The third issue is the separation of powers. The principle of separation of powers requires that power is distributed to the three arms of the government (Legislature, Executive and Judiciary). This principle implies that there should be no overlap in the powers and functions of the different arms of government; there should be no overlap of personnel in the different arms of government and finally that none of the arms of the government should in any way interfere with the functions and work of the other. As the saying goes, the interdependence of three arms of government is typical of the African pot which has three stones. The pot symbolizes the nation and the three stones symbolize the state or three arms of government. The stones need to be balanced to provide support for the pot.

Contrary to the principle of separation of powers in South Sudan as shown above, the Transitional Constitution, 2011 has provisions in which presidential powers interfere with legislative power and judicial functions respectively. An example is the provision of article 101 (g) of the constitution which provides that the president shall "convene, summon, adjourn or prorogue the National Legislature in consultation with the Speaker". This provision can be subject to misuse. First, “in consultation with the Speaker" does not seem to require a formal agreement of the Speaker. It is not the same as saying “after consultation with the speaker.” So, the President may decide if and when the National Legislature meets or does not meet. This has threaten the independence of the Legislature and the practice of legislative power.

Another provision of interfering with the role of the judiciary is article 133 (2) of the constitution, which provides that “the President has powers to appoint all Justices and Judges Courts (Courts of Appeal, High Courts, County Courts), subject only to recommendation of the Judicial Service Commission whose members in the first instance are appointed by the President. In best governance practice, appointment of judges and justices are often subjected to the scrutiny of the legislative branch and high court justices have security of tenure. This is because of the significant role of the Judiciary and the fact that it is expected to be independent.

Policy Recommendation
After having seen the findings of the two simultaneous processes of constitution making as well as quick updates on some burning issues that need urgent attention of all policy makers at all levels, below are key recommendations.
First, this is a reminder message to the TGONU and the Transitional National Legislative Assembly that you are now pass three months late to initiate both the legislation governing the permanent constitution making process and the law establishing the commission for truth, reconciliation and healing. Therefore, it is high time to come up with these bills in consultation with the relevant state and non-state actors. The coming into force of these pieces of legislation in time has concurrent positive effect as the countrywide civic education in the constitution making is conditional on peace, security and reconciliation of South Sudanese society whose social fabric was almost torn apart by armed conflict;
Second, urge the TGONU at all levels to create platforms for direct exchange of views between the government and the citizens in enjoyment of supremacy of the people. However, this conversation should begin with parameters of the constitution. The fact that relative consultation is provided by the peace agreement may not be acceptable criteria as the current Transitional National Legislature, purported to be transformed into constituency assembly three months before the end of the transitional period was a mixture of peoples' representatives primarily elected and some appointed. Therefore, many options are possible including demands for amendment of the peace agreement or the transitional constitution to allow the citizens directly ratify the constitution in a referendum, or if not some key provisions as those discussed in the new realities on the constitutional development are approved by popular vote.

The last recommendation is the question of leadership vacuum in the National Constitutional Review Commission. The relevant institutions, that is political parties and civil society organizations should immediately propose nominees for the Chairperson and Deputy Chairperson of the NCRC in accordance with the provision of article 202 (2) of the Transitional Constitution, 2011 for appointment by the President to help pave the way for preparation of a robust NCRC institution pending enactment of the new law by the TNLA which will subsequently stipulates criteria for appointment of the commissioners at the NCRC.

Beny Gideon is South Sudanese private lawyer and human rights defender. He was part of the IGAD-led peace process for South Sudan representing civil society organizations. His research interest are politics and governance, human rights and social accountability. He can be reached via benygmabor@gmail.com

November 19, 2016 (KHARTOUM) - The opposition Reform Now Movement (RNM) on Saturday said its chairman Ghazi Salah al-Din Attabani has visited families of the movement's detainees pointing to continued contacts to secure their release.

In the wake of the government's decision to lift fuel and electricity subsidies on 3 November, the RNM held an open air address in Khartoum criticising the move.

Subsequently, the National Intelligence and Security Services (NISS) detained four RNM members including its external relations official Diaa al-Din Hussein, youth secretary in Khartoum Awad al-Daw Khalifa, RNM chairman in Khartoum, Khalid Sayed Nouri and Gaafar al-Sadig.

In a press statement extended to Sudan Tribune Saturday, the RNM said Attabani visited the families of the detainees to check on them, saying the NISS refuses to disclose the detainees' location and prevents their families and party officials from visiting them.

It pointed that the RNM and the opposition alliance Future Forces of Change (FFC) have submitted a memo to the speaker of the national parliament Ibrahim Ahmed Omer, describing the detention as “clear violation of the law”.

The statement also said the RNM and FFC leadership have discussed the issue of the detainees with the representative of the African Union.

“The RNM and the FFC are in the process of submitting a memo to the Constitutional Court within a week and they would make further arrangements if they [detainees] weren't released,” read the statement.

The RNM further said it has submitted a written statement to the foreign embassies and diplomatic missions in Khartoum explaining the circumstances surrounding their detention, noting the movement's legal office is also preparing a memo to be handed over to the concerned bodies.

Meanwhile, the Hizb ut-Tahrir al-Islami (Islamic Liberation Party) said the NISS has detained several party members and filed a suit for malicious prosecution against them for distributing a pamphlet criticizing the rise in fuel and electricity price.

In a statement extended to Sudan Tribune on Saturday, the Hizb ut-Tahrir spokesperson Ibrahim Osman Abu Khalil said the authorities refused to give his party a permission to hold a political symposium entitled: “Sudan's economy and the way out of the trap”.

Following the government decision to raise fuel and electricity price, the NISS launched a large arrest campaign and detained 20 leading figures from the Sudan Congress Party (SCoP) besides several members of the National Umma Party (NUP), Sudanese Communist Party (SCP), Arab Ba'ath Party, National Alliance Forces (NAF) as well as civil society activists and journalists.

Also, the NISS detained twelve and summoned dozens of the Sudanese doctors participating in the strike that has been ongoing since last month.

(ST)

November 19, 2016 (JUBA) – The United Nations Security Council has called for urgent steps to address the increasing hate speech and ethnic violence in South Sudan, advocating for promotion of reconciliation among the people, mainly through justice and accountability process.

Thousands of civilians fleeing violence seek shelter at a UN compound in Jonglei state capital, Bor (Photo: UNMISS/Hailemichael Gebrekrstos)

The call came in the wake of the ethnically targeted killings, hate speech, and incitements of violence in South Sudan.

The Security Council, in a statement, expressed “deep alarm” over the escalation of ethnic violence, reportedly carried out by South Sudan army, the armed opposition forces, as well as militias, and unidentified armed groups.

They called for an inclusive political process, based on the framework provided by the Agreement on the Resolution of the Conflict in the Republic of South Sudan, which allows for all voices to participate in shaping the future of the country.

The Council further called on the parties to immediately agree on implementation of an effective cessation of hostilities in order to avoid escalation of the conflict in the upcoming dry season and reiterated that there is no military solution to the conflict.

Renewed violence in the young nation has resulted into the displacement of thousands of people, with aid agencies warning of the dire humanitarian conditions.

The Council, however, expressed its readiness to consider taking additional measures in order to prevent a further escalation of violence and conflict, including potential sanctions it considers appropriate to respond to situations.

The UN Secretary-General Ban Ki-moon has warned of the “risk of mass atrocities" in South Sudan, should renewed violence in the world's youngest nation continue.

In a report released Wednesday, Ki-moon said the UN peacekeepers must be prepared to protect innocent civilians.

"There is a very real risk of mass atrocities being committed in South Sudan, particularly following the sharp rise in hate speech and ethnic incitement in recent weeks," said Ki-moon.

"It must be clearly understood that United Nations peacekeeping operations do not have the appropriate manpower or capabilities to stop mass atrocities," he added.

The UN recently approved the deployment of regional protection forces in the aftermath of renewed violence that broke out in the country in July between South Sudan's two main rival factions.

An estimated 14,000 soldiers and police are deployed in the UN mission in South Sudan, but recent investigations implicated peacekeepers in the failure to protect civilians during the attack.

South Sudan descended into war in mid-December 2013, leaving tens of thousands dead and more than 2.5 million people displaced.

(ST)

November 19, 2016 (JUBA) - South Sudan security service has permitted a return to air of Eye Radio FM after closing it down, sparking protest from media organizations, human advocacy groups and government critics.

The station, according to a statement by it management resumed its broadcasting on Saturday morning after being shut down by National Security Service officers last week.

“The management of Eye Radio is pleased to inform our listeners and the general public that Eye Radio is back on air on Saturday, 19 November 2016, from 9:00 am,” a notice published by Eye Radio on its website this evening, reads in part.

The notice informs the general public that “matters concerning the recent shutdown of the station have been discussed and amicably resolved with authorities,” It did not say what the authorities have said.

The shutdown was due to a short news clip in which former First Vice-President and leader of armed opposition (SPLM-IO) Riek Machar spoke about lack of new political initiative about a month ago when Machar when was leaving Khartoum for South Africa.

(ST)

November 19, 2016 (JUBA) – Fuel shortage, resulting from the devaluation of the currency, has hit the South Sudanese capital, Juba.

Motorcycles line up for hours to get fuel before it runs out July 18, 2012 in Juba, South Sudan. (Getty)

The situation has affected business operations in the country as residents are forced to queue at fuel stations in various places and residential areas of the town.

Fuel shortage has seen prices increase from SSP60 per liter in October to SSP160 in recent days.

Traders fear the rising prices may place a big impact on commercial activities and thus have impact on the transportation budget.

Deng Ayuen, a retail trader, says rising costs of fuel could have serious impact on movement of passengers in coming weeks and may affect the ability to transport essential supplies to destinations.

An official ministry of petroleum admitted the prevalence of limited reserve at the depot, saying the system has enough fuel for about two weeks. Another 8,500 gallons has been ordered, and if it is available, it would increase fuel reserves to another three weeks.

“Beyond that we are not sure we will be able to secure diesel for official business. Should the system run out of fuel, it may be necessary to temporarily suspend non-essential activities until our supply is replenished,” the official told Sudan Tribune Saturday.

The ministry of petroleum, he said, is already taking precautions to try and save as much fuel as possible, while still trying to operate.

“All field trips, except those related to security and other essential business, have been suspended until further notice. All key officials will be allowed to move, but other officials are being asked to help pay for their own movement until resupply is made,” he added.

Fuel consumed in Juba is mainly imported from Kenya's port of Mombasa.

Early this year, however, the state-owned Nilepet company undertook measures to control fuel stations in the country to regulate and subsidize fuel.

(ST)

November 19, 2016 (KHARTOUM) - Sudanese-Saudi Standing Committee on Joint Exploitation of Natural Resources in the Red Sea will hold its 12th meeting in Jeddah on Tuesday to continue discussions on ways to utilize the mineral resources in the Red Sea rift valley, known as Atlantis II.

In February 2012, Khartoum and Riyadh signed an agreement on exploring minerals in the joint territorial water in the Red Sea. Atlantis II is dated back to 1970s, but was not implemented due to the lack of suitable exploration technologies at the time.

Minerals estimates show that there are 97 million tons of various minerals, which include two million tons of zinc, 500,000 tons of copper, 4,000 tons of silver and 80 tons of gold and other valuable minerals.

In a press statement on Saturday, the information office at the Ministry of Minerals said Sudan's Minister of Minerals Mohamed Sadig al-Karori would lead a senior delegation to Saudi Arabia at the invitation of the Saudi Minister of Petroleum and Mineral Resources, Khalid Bin Abdul Aziz Al-Faleh to attend the Atlantis II meeting.

Al-Karori pointed the Sudanese-Saudi Standing Committee on Joint Exploitation of Natural Resources in the Red Sea meets every six months in rotation between Khartoum and Jeddah, saying the committee is the authorized body to grant licenses and follows up on technical and financial issues.

He stressed the two countries would benefit enormously from the Atlantis II, saying the value of the minerals wealth of the project amounts to $20 billion as of April 2016.

In 2010, the Canadian Diamond Fields International and Saudi Manafa International Ltd. were licensed by the Saudi Sudanese Committee to conduct exploration activities in Red Sea rift valley.

In a feasibility study conducted in 2012, Diamond Fields International expected that Saudi Arabia and Sudan will make big profits from the extraction of copper, silver and zinc from Red Sea bed. At the time, it expected to start production in 2014 once technical studies are completed.

Sudan and Saudi Arabia relations have recently improved after years of tension caused by Sudan-Iran connections. The development of bilateral relation was crowned by Sudan's participation in the Saudi-led coalition against Houthi militants in Yemen and in the military exercises “Thunder of the North” in Saudi Arabia.

(ST)

Photographer Peter Caton's images of Yasmin and her family in a remote village in Chad, West Africa, mark Universal Children's Day.

A proud practitioner of female genital mutilation tells Tulip Mazumdar it's about tradition - but also about hard cash.

A sinkhole opened in a road in the Algerian capital Algiers on Friday night, injuring 11 motorists.

Pope Francis names 17 new cardinals from around the world, many of whom will help name his successor.

The head of the journalists' union in Egypt gets a two-year prison term for "harbouring fugitives".

November 19, 2016 (JUBA) - The United States has demanded the United Nations Security Council to impose sanctions on the leader of the armed opposition (SPLM-IO) SPLA chief of staff and information minister for hampering the peace process in South Sudan.

The Associated Press reported that an annex to the U.S. resolution calling for an arms embargo and new sanctions proposes to impose travel bans and freeze the assets of rebel leader Riek Machar, Gen. Paul Malong and Information Minister Michael Makuei Lueth.

The annex says Machar's SPLM-IO faction “declared war on the South Sudanese government and called for armed resistance” following what “forces allied with Machar have raided villages and abducted civilians and aid workers,” reported The AP.

In a statement released on 25 September, following a meeting held in Khartoum, the SPLM-IO called to wage war on the “regime” in Juba under President Salva Kiir and called on the international community to declare it a “rogue” regime.

Regarding the Sudan People's Liberation Army's Chief of Staff, the annex said Malong has expanded the conflict in South Sudan and broken the cease-fire deal.

“As of early August 2016, Malong was responsible for efforts to kill opposition leader Riek Machar,” it said, including knowingly violating Kiir's orders and launching tank, helicopter gunship and infantry assaults on July 11 against the rebel leader's residence and the rebels' ”Jebel” base.

He informed SPLA commanders “that Machar was not to be taken alive,” says the annex, according to The AP.

Last year, the U.S. failed to blacklist Malong and top rebel commander, Maj. Gen. Johnson Olony, because of opposition from Russia, China, Angola and Venezuela.

On the case of Lueth, the minister of information and broadcasting, the annex said he“has repeatedly and consistently worked to obstruct and undermine the implementation of peace deals in South Sudan”.

It further points to Lueth's involvement in planning and coordinating an April 2014 attack on the U.N. compound in the Jonglei State capital, Bor where three U.N. guards and 140 civilians were killed. The

Also, the annex cited his statement in September that the government would treat “as invaders” members of the Regional Protection Force if they deployed without government approval on numbers, nationalities and equipment.

The Security Council has already imposed sanctions on six South Sudanese commanders, three from the government and three from the opposition.

(ST)

November 18, 2016 (NYALA/EL GENEINA) - Darfur Crimes Courts on Thursday have sentenced four people to three and four years for armed robbery, theft and kidnapping.

A special judge sits in court in Nyala during the trial of six Sudanese men accused of belonging to the Janjaweed, 30 September 2004 (Reuters)

A Darfur Crimes Court in Nayala, chaired by the Judge Mohamed Kamal al-Din, sentenced two defendants accused of carjacking to three years in prison and ordered to pay 17.680 Sudanese pound (SDG) as compensation to the victims of the crime.

Darfur Special Persecutor, al-Fatih Tayfur, said that the two criminal used force and robbed a vehicle rented by an international non-governmental organization (INGOs) to transport doctors to and from Kalama camp.

They were arrested after the vehicle had broken down in Belail forest.

Speaking to the official Sudan News Agency, the Representative Plaintiff, Musa Daw al-Beit, said that the two defendants were sentenced in accordance with article 21/175 of the Criminal Act.

“The two convicts were fairly tried and the trial was monitored by UNAMID's Civil Affairs Department,” stressed Daw al-Beit, adding that the two defendants were allowed to hire lawyers.

In El Geneina the capital of West Darfur state, another Darfur Crimes Court headed by the judge, Abdel-Rahim Youssef, on Thursday sentenced two convicts to four years in prison, 60 lashes and fined each of them 6000 SDG. In case of non-payment, they would be jailed for two additional years.
“The convicts were sentenced after they were found guilty of theft, armed robbery and causing harm,” said Darfur Crimes Persecutor, al-Fatih Tayfur.

The two criminals were arrested in Zalingei after robbing the complaint's vehicle from “Nus Camp” on the 15th of September 2016.

Darfur Crimes Court was established in 2005 after the International Criminal Court (ICC) decided to investigate war crimes committed in Darfur region.

However, Sudan refused to cooperate with the ICC, saying that local courts are able to examine the crimes committed since the eruption of Darfur conflict in 2003.

UN agencies estimate that over 300,000 people were killed in Darfur conflict since 2003 and over 2.5 million were displaced.

(ST)

Strongly condemning attacks against civilians, ethnically targeted killings, hate speech, and incitements to violence in South Sudan, the United Nations Security Council called for urgent steps to address increasing hate speech and ethnic violence, and to promote reconciliation among the people, including through a process of justice and accountability.

Ahead of local elections in Mali, United Nations Secretary-General Ban Ki-moon has encouraged the Government to pursue a constructive dialogue with all stakeholders to defuse tensions that may arise before and after the poll and to ensure that the holding of the elections do not compromise the advances made towards peace in the country.

November 17, 2016 (RUMBEK) – The governor of South Sudan's Eastern Lakes state, Ring Tueng Mabor has sacked five health officials, who until now, worked at Nyang hospital.

Map detail of South Sudan showing Lakes state in red

The dismissal of workers came in the wake of complaints over poor working conditions at the hospital.

The workers dismissed included laboratory technicians and officers in-charge of monitoring and evaluation aspects.

In recent weeks, however, the governor seems to have been isolated by his close allies due to his absurd decisions.

"Governor is becoming unprecedented and unpredictable. He just came to our hospital and we welcomed him. It was a chance for us to tell our governor the problems that we are facing, but he turned a wrong page by dismissing five workers,” said an official, who preferred anonymity.

The laboratory technician, Riel Madhieu and the monitoring and evaluation officer, Gordon Chien were among those dismissed, junior officer speaking on condition of anonymity, said.

Ever since the unlawful arrest of 65 youth in Anuol payam, residents and officials distanced themselves from Mabor.

(ST)

Nov 18, 2016 (Yambio) – South Sudan's Gbudue State says that a member of the African Union Regional Task Force (AU RTF) operating in LRA-affected areas has been abducted since three weeks

Ugandan soldiers, who are tracking down Lord's Resistance Army (LRA) fugitive leaders, walk in a forest bordering Central African Republic (CAR), South Sudan and Democratic Republic of Congo, near river Chinko April 19, 2012 (Reuters)

Following his return from Juba, Gbudue State Governor Patrick Raphael Zamoi told reporters that the armed group led by Alfred Futuyo abducted a member of the RTF force while they were coming from Nzara to Yambio, three weeks ago and his whereabouts is not known.

“We learnt that they brought a lot of number of guns back to the state, I still gave them a chance for peace. When I went back again to Juba I found that they start trouble here coming attacking the town abducting the boys here and there, attacking refugees camp abducting one of the officer of the AU RTF.”

Zamoi blamed the armed group saying he has been trying by all possible ways to dialogue with them. But they continue causing insecurity just to tarnish the image of the Government. and the community is tired of them.

He added that one day they would harvest what they are sowing.
However, the governor vowed to continue his efforts for peace because "it is the community which suffers".

He hailed the progress made in the implementation of a peace agreement signed in April 2016 with the South Sudan National Liberation Movement in Yambio, one of the armed group in Western Equatoria region.

He said the reintegration process of SSNLM forces into the organized forces is at the final stage. Also, he said that President Salva Kiir met the SSNLM commanders last week.

“After the President gave them his blessings now they are ready to pass out and then we will have two to three weeks to graduate them and integrate them to the organized force," Zamoi stated.

The United Nations supported AU RTF comprise 5,000 soldiers drawn from the four countries affected by the LRA – Uganda, DRC, CAR and South Sudan. Its headquarters is in Yambio, and has other bases in Dungu town of Congo , Obo of CAR and Nzara in South Sudan.

Security situation continue to deteriorate in Western Equatoria and Yambio in particular where looting, abduction, and rape continue in the remote area. Also, it was reported that four civilians were killed last week by uniformed personnel.

(ST)

November 18, 2016 (KHARTOUM) - The independent doctors union, Central Committee of Sudanese Doctors (CCSD) on Friday said the National Intelligence and Security Services (NISS) has arrested another doctor describing its renewed strike as complete success.

On 6 October, Sudanese doctors staged a strike and refused non-emergency treatments to patients to protest the poor working conditions, lack of medicines and protection of doctors after increasing attacks by frustrated patients and their families.

On 13 October, the CCSD called off the strike following government pledges to introduce a bill to the parliament to protect doctors, improve training conditions for registrars and improve work environment in hospitals.

However, the CCSD on November 8th announced resumption of a two-day strike every week during November, saying the government didn't honour its commitments.

On November 12th, CCSD said it decided to increase the number of days on which strike action will take place to three days, saying the Health Ministry continues to drag its feet on the implementation of the agreement.

In a statement extended to Sudan Tribune Friday, the CCSD said the NISS on Thursday morning arrested doctor Sara Faisal following four days of repeated summoning, pointing the number of the detained has now risen to 12 doctors.

Last week, Amnesty International urged the Sudanese government to release ten doctors arrested and to halt security summons to the striking members of CCSD.

The statement described the seventh day of the strike as “significant success”, saying that 75 hospital and health centres across the country have participated in it.

It pointed that electronic and foreign media have paid great attention to the strike as well as the national and international rights groups, saying this genuine attention has largely participated to the success of the strike.

The statement also praised the unity and efficient organization of the doctors, pointing to their effective and informative role via the social media networks.

Last Tuesday, the State Minister of Health Sumaia Akad threatened to take legal action against striking doctors, saying these actions include suspension of any doctor who refrains from work.

She stressed the Ministry of Health wouldn't tolerate such a behavior, saying that several striking doctors have been recently suspended from work.

(ST)

By Tesfa-Alem Tekle

November 18, 2016 (ADDIS ABABA) – The United Nations Higher Commissioner for refugees (UNHCR) on Friday said that it has opened a new camp as it records high influx of South Sudanese refugees flocking in to Ethiopia.

Nearly 40,000 South Sudanese refugees have arrived in Ethiopia's Gambella region since early September.

Most of the new arrivals have been registered and relocated to Jewi, Kule, Tierkidi and Nguenyyiel refugee camps, whilst 806 registered persons await relocation.

According to the UN refugee agency, currently on average, some 547 south Sudanese refugees arrive in Ethiopia on a daily basis.

64% of the total registered new arrivals are children, including 8,392 unaccompanied and separated children.

“This increasing trend of underage asylum-seekers from South Sudan adds to the already young refugee population in Gambella” UNHCR said.

The new arrivals, most originate from the Upper Nile State (94.2%) and Jonglie State (5.6%).

Since September, the operation in Ethiopia has experienced a fresh influx of refugees from South Sudan fleeing renewed violence and food shortages in their home country.

To shelter the new arrivals the UNHCR along with its main government counterpart, the Administration for Refugee and Returnees Affairs (ARRA) have built a new Camp in Gambela region which borders South Sudan.

Some 6,200 newly South Sudanese refugees who arrived recently have been relocated to the new camp, Nguenyyiel which is not far from the other camps.
As numbers of South Sudan refugees rises the UNHCR has requested USD 113.8 million for the South Sudan Situation in Ethiopia.

Currently Ethiopia hosts 324,075 South Sudanese refugees and asylum-seekers.

The horn of Africa's country provides protection to refugees from some 20 countries, with the majority originating from South Sudan, Somalia, Eritrea and Sudan.

South Sudanese, Eritreans, Yemenis and Somalis originating from South and Central Somalia are granted automatic refugee status.

While to all other, individual refugee status determination is undertaken by the Government's Eligibility Committee, on which UNHCR sits as an observer.

The Government maintains the policy requiring refugees to reside in refugee camps.

It however allows certain refugees to reside in the urban areas, primarily in the capital Addis Ababa.

They include refugees in need of special medical attention unavailable in camps; refugees with serious protection concerns or inability to stay in camps for humanitarian reasons.

Currently over 18,000 Eritrean refugees reside in Addis Ababa enrolled under the Out-of-Camp Policy (OCP).

Meanwhile the UN refugee agency said it will roll out the Education Management Information System (EMIS) before the end of the year,
The EMIS is intended to modernize the collection, reporting and usage of education-related data.

In preparation for that, UNHCR and ARRA organized familiarization trainings for all pertinent personnel working in refugee education across all refugee camps in Ethiopia. Education managers, school directors, programme officers and education data managers were some of the participants of the training.

The EMIS is a critical education management tool approved by UNESCO.

UNHCR, UNICEF SIGN MoU

UNHCR and UNICEF today signed a Letter of Understanding (LoU) and a joint plan of action to further strengthen their partnership in responding to the needs of refugees and host communities in Ethiopia.

The representatives of the two agencies to Ethiopia – Ms Clementine Nkweta-Salami (UNHCR) and Ms Gillian Mellsop (UNICEF) signed the agreement which outlines key areas of collaboration in child protection, education, health and nutrition, as well as water, sanitation and hygiene (WASH).

Under the present agreement, which is due to end in August 2020, the two agencies agreed to work together in accelerating their joint refugee response in terms of technical assistance, visibility, advocacy resource mobilization and supply management. In addition, the collaboration will have a strong focus on identifying risks and ensuring that contingency planning and preparedness measures are in place.

“UNICEF and UNHCR have a long history of effective and demonstrated collaboration in humanitarian action which has greatly improved the lives of refugees over the years. This agreement will further cement our partnership and help us to advance our respective mandates in Ethiopia,” said Ms Nkweta-Salami.

In UNHCR's case, this means protecting, assisting and finding durable solutions to the plight of refugees and other persons of concern. For UNICEF, it allows for greater advocacy for vulnerable children by making sure that programmes and policies in response to the refugee crisis put the rights and needs of children first.

“The decision to have this agreement with UNHCR stems from our wish to formalize the complementarity of our work and ensure that we are jointly delivering results for children. Together, we will intensify our efforts to address the issues of refugees and host communities who need our protection and support,” said Ms Gillian Mellsop.

(ST)

November 18, 2016 (JUBA)- South Sudanese officials on Friday lauded the rejection by the veto -power Russian government of an American proposal by to United Nations Security Council to impose arms embargo and targeted sanctions on the new nation.

U.S. Ambassador to the United Nations, Samantha Power, called for the imposition of an arm embargo on South Sudan, pointing that all the ingredients for a genocide exist in South Sudan.

She admitted that no embargo can completely stop weapons getting into the country, adding that "an arms embargo could have a significant impact on the ground".

However, South Sudanese cabinet Affairs and defence ministers described the proposal to impose sanctions as part of the efforts aimed frustrating implementation of the peace agreement and prolongs the suffering of the people.

“The government and the people of South Sudan have said time and again that there is no need to impose sanctions. The peace agreement has been signed and it is being implemented fully," said cabinet affairs minister Martin Elia Lomuro in statements to Sudan Tribune.

"What is needed now from the international community is to stand with the transitional government of national unity in the implementation of the peace agreement. The parties to the agreement are already working together. They don't need sanctions. So what is the use of these proposals again,” he added on Friday.

Meanwhile Defence Minister Kuol Manyang Juuk told Sudan Tribune in a separate interview that sanctions would undermine the implementation of the agreement and will perpetuate the suffering of the people. He described the proposal as an “obstruction” of ongoing efforts to resolve the conflict peacefully, stressing that the only way to end the suffering of the people is a political solution.

“When you impose arms embargo on a sovereign state, what does that mean? It means you want no solution to the conflict and it does not represent any attempts to resolve the conflict you want to stop peacefully. And the solution itself becomes a problem. So ,we say sanctions are not the solution,” said Juuk.

The proposal to impose arms embargo and targeted sanctions on South Sudan was supported by two permanent members in the Security Council: UK and France who have power of veto.

The move came after Adama Dieng, the Advisor on Preventing Genocide tabled a report that there is a high risk of genocide in South Sudan, after targeted ethnic killings of civilians. Ellen Løj said that the UNSC has to place the children and the women of South Sudan first in their decisions.

The Russian Deputy Ambassador Petr Iliichev voiced his objection to the imposition of an arm embargo, pointing that the proposed sanction would complicate relations between the host country, the peacekeeping mission there and the international community.

"introducing targeted sanctions against South Sudanese leaders would be the height of irresponsibility now,” Iliiche further said, stressing that some members of the UNSC want President Kiir to share the fate of the former Libyan leader Muammar Gaddafi.

Angola, another of South Sudan's allies albeit without veto power, also objected the U.S. proposal saying arms embargo is not a solution.

Also, its ambassador regretted the report of the UN panel of experts. "The Angolans objected to unhelpful language used in the report to de-legitimatize the Transitional Government of National Unity".

The Chinese also expressed reservation and seemed indecisive. The Chinese Deputy Ambassador Wo Haito said the Council should be "prudent" and avoid imposing sanctions in order "to avoid complicating the situation."

South Sudanese officials say the "whole farce" is a ploy for regime change.

South Sudan representative told the Security Council that no sovereign country can accept an armed rebellion. He said the only way to prevent genocide is to end the rebellion not impose arms embargo or sanctions.

(ST)