The Big Equatorians-Dinka Debate Part 2

This is a continuation of my personal contribution in a genuine effort for South Sudanese to begin to seek a solution to how best citizen's security can best be protected throughout South Sudan, given the delicacy and fragility of the post-conflict situation in South Sudan.

The raging debate in the wake of the tragic murder of Police Officers on 4 November is still going on with. If it is any think to g by, it tells us that there if government fails to move faster enough enforce law, then those who believe that there is a conspiracy by certain quarters who now stand accused, namely the Dinkas elites perceived to be controlling the state apparatus in South Sudan, would be vindicated in their persistent arguments.

Past Practices

Memories of the past bad experiences refused to go away. Under Mr. Abel Alier, twice President of South Sudan's High Executive Council (1972-82), law enforcement agencies, the Police force in particular, was widely believed to have been used to safeguard the interest of Bor Dinka. The 1968 ethnic clashes in Juba and its environs was to a large extent seem as a compelling reason for the appointment of Ruben Mach, a Bor Dinka, as South Sudan Police Commissioner. Subsequent practices within the police including recruitments to officer corpse, training and retention, deployment patterns within the region and in particular departments within the police confirmed fears and concerns of many ethnic groups that the police was hijacked to advance particular interests of Bor Dinka and their allies. These interests range from social, economic, to political. Police force, in that sense was perceived as a lopsided institution not unresponsive to shared social norms, rules and values it was mandated to uphold and enforce.

General Joseph Lago had to dismiss Ruben Mach when he assume power in 1978, for "public interest". Mr. Abel Alier reinstated him when later, for "public interest"!

Two Models in One

More than two years since the signing of the CPA, one cannot certainly say that South Sudan's security sector is anywhere near effectiveness. The reasons are, GOSS is still struggling with at least two parallel models within its police, prisons, public security judiciary etc. departments, each developed separately over a long period of time: a) Government of Sudan Model b) SPLA Model. whether these models, parallel as they are, are compatible cannot be overemphasized. Each was established to deliver two different, inherently incompatible visions ingrained in the political systems that established each one of them:

NIF/NCP wanted to build an Islamic state and society in Sudan. Its understanding of the rule of law and that institutional framework that delivers it is informed by that vision. That explains why it purged several law enforcement officials including late Brigadier Michael Sebit whom GOSS reinstated barely two weeks ago before he was murdered by some JIU soldiers in his new office in Yambio.

SPLM/A established a semblance police force around 1994-1996 as part of its strategy not only to separate law enforcement from the army but to deliver its vision, norms, rules and values that are supposedly different from the "Old Sudan" model.

In other words, we still have a long way to go to thrash out what we really mean by the rule of law; what norms, rules, values that underpin the overriding vision for protection, dignified life, peace and stability.

We still have divergent sets of laws being practiced: statutory, customary and international laws. The question is whose law matter most?

Cognizance of differences and commonalities in those two sets of laws will help promote respect of diversity and will enrich development of our laws as we go on in addressing grievances that keep on occurring without redress. Our communities regard one another with utter contempt, fear/xenophobia etc. because we had not translated the New Sudan Model of rule of law into real tangible results. We have not fast tracked the process of genuine harmonization of what GOSS inherited from the two models.

What Needs to be done: Revitalization is the Word

GOSS shall begin to make rule of law as its top priority with a clear vision that inspires effective action plan for effective revitalization of rule of law. People need, after years of repression and subjugation, laws and law enforcement agencies that protect their rights and dignity; laws that promote peace and stability; laws that are equitable and fair...

People are looking toward effective agencies that respond to citizens', not rulers, perception of norms and morality. They want to see a corruption-free model of rule of law.

That is all