By Wicmon Joseph Geng Chan
OPINION – A Political pugilism of the two giant elephants (SPLM-IG and SPLM-IO) has greatly affected the youth’s participation in the politics of the government of the Republic of South Sudan by labeling the youth in government or in opposition who criticize those politicians administering the affairs of state unconstitutionally and sectional favoritism when it comes to the allocation of state’s resources, political exercises or employment opportunities as pro-SPLM-IO when you are youth under SPLM-IG or Pro-SPLM-IG when you are youth under SPLM-IO.
However, in pursuant to dictates one’s conscience, many youth in different political spectrums in the Republic of South Sudan have severely compromised their constitutional rights and practice which are provided for under Part two of the Transitional Constitution of the Republic of South Sudan 2011 and or 2015 as amended by being held “incommunicado” by the political leaders who failed to perform their public roles and responsibilities equitably or in the way the people expect them to perform.
Consequently, the silence of the youth in political dispensation has become more advantageous factor for some of political leaders who deserve a fierce criticism on the way they are administering the affairs of the state which is a clear violation of the article 24 clause 1 of the transitional constitution of the Republic of South Sudan 2011 and 2015 as amended which stated that “Every citizen shall have the right to the freedom of expression, reception and dissemination of information, publication, and access to the press without prejudice to public order, safety or morals as prescribed by law”.
Besides, the bill of rights under Part two of the Transitional constitution of the Republic of South Sudan 2011 and 2015 as amended safeguarded the fundamental human rights and practice of every citizen of this country hence, the government is mandated by the constitution to promote and protect those human rights and fundamental freedoms of all individuals in the country and the region as well. Looking critically at the ways some political leaders are carrying out their mandated roles and responsibilities towards their people and the nation, a prudent citizen of this country would find that the ultra-vires of the public servants on the common people is not only precluding their citizenry participationbut a total incommunicado of the highest order which in turn vitiates the citizens’ fundamental rights and freedoms.
In line with the above, a political community exercise of Leek Community Association in the Republic of South Sudan is a case in point with a brief fact that on 13/12/2020, a general assembly meeting was called for by the then Former Leek Community Association Chairman Hon. John DorMajok to attend the leadership duration comprehensive report, dissolution of entire leadership and election of Electoral Committee Chairperson.
Upon the attendant, the duration comprehensive report was heard; Leek Intellectual petition was read before the general assembly which calls for the extension of Hon. John Dor Majok’s leadership for the period of three months; dissolution of the leadership under Hon. Rebecca Nyachieng Biey and re-unify with the Leadership of Hon. John Dor Majok, after reunification, the amicable election would be conducted, a call which was in favor of majority and was turned down by minority of general assembly on the use of minority excessive power on powerless majority; the dissolution of leadership was witnessed; election of the electoral committee Chairperson commenced successfully, and went wild shortly in the process of declaring the winner of the election which was evidently and truthfully won by Mr. Mathor James Dak with a total of 153 votes against Lawyer Gatkuoth Tut Mut who got 142 votes.
Interestingly and surprisingly, as the general assembly was waiting for the declaration of the result and victory’s celebration of the powerless majority but unfortunately, the powerful minority unconstitutionally cancelled the election results and politicizes the eminent defeat as a political game between the known Unity State’s adversaries instead of the non-political association of pure Leek Community. The political interference of some political leaders and the involvement of military Generals in the side of powerful minority had thwarted the majority Leek Community members’ participation which was used as an advantage by those against the unity of the Leek community.
As the peaceful non-political Leek Community was to conduct her elections, the powerful minority politicized the towering defeat; gained an external political back-up; went and conducted the indescribable an illicit election of the Electoral Committee Chairperson and constituted un-elected leadership which was later legitimized by the present of various dignitaries of the government of the Republic of South Sudan at their forceful and unlawful inauguration ceremony of leadership.
It is undoubtedly that the powerless majority’s rights have not only been violated but deprived from them beyond shadow of doubt albeit they are trying very hard to dislodge the current leadership, the external power neutralizes any effort made to reclaim the leadership thus, has caused an ending pernicious conflict that exists among Leek community youth and elders.
To mention but few, the prevailing political barricade has been turned to label a law abiding citizens as the rebels in order to suppress and or neutralize their constitutional rights to participate in a given political competition and it was a case in point during our non-political community association whereby some members were labeled as pro-SPLM-IO just to compressed them from being active participants of the community leadership, an accusation which does not only lays the empty eggs but an absolute baseless and unfounded incrimination of the highest order.
Looking critically at the democracy enshrined under article 26 clause 1 and 2 of the Transitional constitution of the Republic of South Sudan 2011 and 2015 as amended, it stipulated that (1) Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or office in accordance with this Constitution and the law. (2) Every citizen shall have the right to vote or be elected in accordance with this Constitution and the law.
On the foundational essence of democracy consists of a political community in which there is some form of political equality among its members, so in the matters of community non-political exercises, political leaders ensure that a peaceful and transparent elections are conducted in the interest of the majority of the people in that community and work towards the socio-economic and cultural development of that state as it has been the guiding principle of our constitution as enshrined under Article 36. (1) of the Transitional Constitution of the Republic of South Sudan 2011 and 2015 as amended that stated “All levels of government shall promote democratic principles and political pluralism, and shall be guided by the principles of decentralization and devolution of power to the people through the appropriate levels of government where they can best manage and direct their affairs”.
What went wrong?
In the broader view, the purpose of a constitution is to establish a body, guide the decisions of those exercising its provisions and protect the rights of the people in a given state. However, in the case of Leek Community Association ( LECA) election, the law was strangled on the throat and was cut off the oxygen when the minority group under Hon. Lam Tungwar took the matter as a political subject instead of non-political community as stipulated in the constitution.
The political power had overridden the free will of the members of general assembly of Leek Community Association who elected amicably Mr. Mathor James Dak; a decision to declare him as the winner was politically turned down and intentionally infringed the provisions of the LECA constitution by nominating their own electoral Committee Chairman and the members instead of elected electoral Committee Chairman; simulating the election in the way they want; handpicked and lifted up above the sky the Hon. Lam Tungwar Kueygwong as the elected chairman of LECA; ululating the simulated election’s victory and impossible became possible in a total contravention of the constitution that gave birth to fractionalization and persistent ferocious conflict among the Leek Community members.
As the result, the fact is that Hon. Lam Tungwar had managed to succeed through auxiliaries and assumed office roles and responsibilities after being handed over the power to him by Hon. John DorMajok unstopped and further met with dignitaries of the government of the Republic of South Sudan as the elected Chairman of Leek Community Association.
It is important to recognize at the outset that building a democratic constitutional order is the basis for a viable, stable and legitimate of people’s consented leadership and popular supported leadership where the people are proud of and work hand in hand with the leadership in achieving set goals and objectives of the organization.
What should be the best approach for the existing social problem of the Leek Community?
In my own volition, there is no problem that cannot be solved in a civilized community which want the common interest of the majority population and in that regard, the governor and the Leek Community political and military leaders should resume the previous initiative to resolve the vexatious conflict among Leek Community by implementing the following recommendations:
Call for Consultative meeting between the Leek Coalition for Unity and Reconciliation (LCUR) and the current LECA leadership under Hon. Lam TungwarKueyguong to deliberate on issues pertaining the unity and reconciliation of Leek Community as whole.
After the deliberations and the negotiated way forward, a general assembly should be called to present the outcome of duo meeting before them and the general assembly commend on the matter pertaining the presented resolutions hence, a unified leadership should be formed by amalgamating the left out groups into the leadership thus,unity and reconciliation conference should be conducted based on one leadership if wesincerely want to achieve our common interest as Leek community.
In my own opinion, if the aforementioned recommendations are not put in the implementation, the negative interjections and sabotages of the left out powerless majority against the leadership runs by the powerful minority will never stop and may retard the performance and achievement of the current leadership’s goals and objectives.
We as the sons and daughters of the Greenland Rubkona county, we need to forgive one another and focus more on bridging our social fractionalization and varying interests as saying goes “A health social life is found only when, in the mirror of each soul, the whole community finds its reflection and when, in the whole community, the virtue of each one is living” ~Rudolf Steiner.
The author is a lawyer by profession and a concerned son of Unity state’s Rubkona County. He can be reached via: email@example.com.
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