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Number of States, A Prerogative of Constitution making process: NADAFA Alliance

FDP/ARMY, People’s Democratic Movement, MAR/24/2019, SSN;                

The National Alliance for Democracy And Freedom Action (NADAFA) is dismayed by the IBC, an institution established under the flawed R-ARCSS, calling for a referendum by email to establish the preferred number of states in South Sudan.

The IBC’s action is a futile and fundamentally flawed exercise to confer a non-existent legitimacy on the illegal establishment of 32 states by the unprecedented, unconstitutional dictatorial decree of President Salva Kiir, made at the behest of the Jieng Council of Elders.

The decision on the number of states in South Sudan is a prerogative of the constitution-making process by representatives of the people, not a matter to be decided by the IBC over the people.

The exercise by the IBC is hence meaningless and wasteful of time and resources, as much as it is elitist and non-inclusive of the majority of the ramp population in Upper Nile, Equatoria, and Bahr al Ghazal.

The IBC is further indicted by its poor amateurish choice and use of unprofessional, free personal gmail accounts on the Internet for conduct of public interest business in South Sudan in this day and age.

It is a known fact that non-amateurish and reputed institutions such as IGAD, JMEC, and International bodies often set up and use official and verifiable business email accounts for their professional work, and not dependent on free yahoo or gmail accounts that are hosted in other countries outside their control over data privacy, information security or data sovereignty considerations.

Furthermore, using Internet to get views disenfranchises millions of South Sudanese who do not have access to the Internet.

The available data from sources such as the Commission on National Dialogue survey, showed that 88% of South Sudanese favor 3 states or 3-regions solution based on the former 3 autonomous regions of Upper Nile, Equatoria, and Bahr al Ghazal within a truly decentralized Federal system.

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The 32 states which are under the purview of the IBC’s mandate for a decision was a violation of the Transitional Constitution 2011, and which decision should simply be revoked, annulled and voided by a competent Court or Tribunal due process.

While the pre-Transitional period of the R-ARCSS 2018 is nearing its end in a month to go, recent revelations of witness accounts in Bahr al Ghazal indicate that the JCE Government is continuing recruiting soldiers and training of exclusively more Dinka militia in the President’s home state of Warrap.

This is all taking place outside of and in violations of the R-ARCSS provisions to implement it in letter and spirit.

NADAFA has with profound concern and dismay followed the lack and deficit of political will of the parties to the R-ARCSS to implement it in letter and spirit as President Salva Kiir executes coerced recruitment of Dinka militia into the army in Gogrial against the will and consent of the local Dinka community elders in Bahr al Ghazal who refused forced recruitment of their sons into the army.

This JCE government policy poses continuing threats to peace and stability in the country under President Salva Kiir.

NADAFA calls on the masses of our people to stand up in support of continued negotiation for a just and sustainable peace in South Sudan, which addresses the root causes of conflict in a new peace agreement that is owned by the people and puts the people first in peace building and constitution making, but not one owned by the elites and for the elites.

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The recent visit to the Vatican in Rome by President Salva Kiir offers nothing new, but rather a desperate distraction to deflect attention away from the looming crisis of R-ARCSS failure to meet key deadlines and implementation benchmarks.

The visit came to try bury bad news and deflect attention of the people of South Sudan from ongoing Kiir’s Government atrocities, murders, killing of innocent citizens and human rights abuses lately in Wau.

As things stand, the country is at a crossroads, R-ARCSS has failed, and IGAD too has failed as an impartial mediator between the parties, for taking the side of Salva Kiir’s Government while the conflict continues.

NADAFA therefore appeals to the Secretary General of the United Nations and the Security Council to:

  • appoint a UN Special Envoy for South Sudan, whose mandate would be to take over mediation of the conflict from IGAD and mediate impartially to reach a just and sustainable peace which addresses the root causes
  • Support establishment of an escrow account for South Sudan oil revenues under international supervision mechanism until a new peace agreement is reached which puts the people and constitution making process first
  • Further to the recommendation on escrow account on oil revenues, the recent report by the UN Commission for Human Rights in South Sudan has established that oil companies, through Nile Petroleum, contribute to the perpetration of crimes against humanity and war crimes, hence the proceeds from oil sale should be sequestered into the escrow account.
  • Mobilize international support for the new peace process under a UN Envoy, together with Troika countries and international partners forum.
  • Support constitution making and state building efforts in South Sudan to encourage cohesion and minimize the risk of state disintegration under the incumbent tribal JCE Government
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In the event the Government of President Salva Kiir fails to cooperate with the new peace process, the UN and international community should impose sanctions and consequences on the JCE regime, declaring it a pariah state without a legitimate government.

NADAFA and allied forces and peoples of South Sudan would use all legitimate means to remove the JCE regime from power and protect the people of South Sudan from its atrocious human rights abuses, which it had continued to commit with impunity. END


CC: H.E.Ambassador. Ismail Wais, IGAD Special Envoy to South Sudan

CC: President Salva Kiir Mayardit, Head of TGONU, SPLM-IG

CC: Hon. Angelo Beda, Co-Chair of The National Dialogue Committee

CC: Dr. Riek Machar Teny, Chairman and C-in-C, SPLM-IO

CC: Mr. Peter Gatdet Yak, Chairman, SSOA

CC: Gen. Thomas Cirillo Swaka, Chairman SSNDA

CC: Mr. Deng Alor Kuol, Representative SPLM-FDs

CC: Mr. Peter Mayen, Other Political Parties, OPP

CC: Ambassador Lt. Gen. Augostino Njoroge, Interim Chairperson RJMEC,

CC: Ambassador Chris Trott, Ambassador Erling Skjønsberg,,TROIKA

CC: Mr. Mousa Faki Mohamat, Chairperson of AU

CC: David Shearer, Head of UNMISS


Name Organization Signature
Dr. Hakim Dario


People’s Democratic Movement





Mr. Gatluke Reat


Workers Party of Upper Nile


Mr. Thomas Peter



Federal Democratic Party /Army






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