PCCA declares SPLM-IG and SPLM/A-IO Kit-Gwang Faction’s agreement null and void.
The PCCA has been calling for an end to violence across South Sudan; however, recent agreements between the SPLM-IG and the SPLM/A-IO Kit-Gwang factions are fallacious and insincere and the PCCA therefore considers them insignificant in terms of peace and stability in South Sudan. The PCCA came to this conclusion based on the following:
First, the agreements have no legal basis as far as the current political architecture in South Sudan is concerned. For one thing, the SPLM-IG is a non-existing entity, and it therefore has no power to represent the state. The legal entity with the state authority and power is the Revitalized Transitional Government of National Unity (RTGoNU), an entity created by the R• ARCSS. If the Kit-Gwang factions wanted to sign agreements with one faction of the RTGoNU, the legal faction is the TGoNU, a signatory to R-ARCSS. The SPLM-IG is not a legal entity as far as the R-ARCSS is concerned. These agreements are therefore null and void and have no force of law.
Second, still on legality, why were the heads of National Security Service and Military Intelligence allowed to sign on behalf of the SPLM? Both men represent non-partisan state institutions and under no circumstances should they represent a political party. Their signatures to these agreements, on behalf of the SPLM–IG, is a colossal error ofjudgement. They have degraded and branded these national institutions as partisan armed wings of the SPLM. It is now evident that elections and other politically contentious matters cannot be entrusted to state armed institutions. Furthennore, President Kiir’s Republican Decree # 27/2021 prohibits “all active officers and non-commissioned officers (NCOs) in South Sudan People’s Defense Forces
(SSPDF) and all the Other Regular Forces from participating in politics”. What are these officers doing in representing the SPLM?
Third, it is apparent to all that the SPLM/A-IO Kit-Gwang factions, had no quarrel with the SPLM, their grievances were against the leadership ofthe SPLM/A-IO under Dr. RiekMachar. What disputes were being resolved between the SPLM-IG and the SPLM/A-IO Kit-Gwang factions? These agreements would only make sense if they were inter-SPLM/A-IO agreements, negotiated and signed between the conflicting SPLM/A-IO factions inJuba and Kit-Gwang. As such, the agreement is politically calculated to confuse the public, degrade the position of SPLM/A-IO in the RTGoNU and eventually abrogate the R-ARCSS. The SPLM/A-IO Kit• Gwang faction just got bought and got cheated in a broad day light.
Fourth, the Agreement between the SPLM-IG and Agwelek is overreaching in terms of the issues being addressed. The disputes over Malakal are not between the SPLM-IG and Agwelek, they are between Chollo and Padang Dinka, both of which were not at the negotiating table. The parties who signed this agreement on land disputes have no legal authority to negotiate on behalf of the communities. As such, the agreement is likely to raise tensions in Malakal and possibly fuel conflict. As well, the parties agreed to give Agwelek some political positions in the state government and in the counties. Representatives of the Upper Nile State were absent at the table, so the two entities have no jurisdiction over Upper Nile State affairs to reach such an agreement.
Fifth, SPLM-IG and Agwelek Forces agreed to promptly integrate the Agwelek forces to the South Sudan Defence Forces (SSPDF). Such an integration increases troop levels of the SSPDF and therefore amounts to recruitment contrary to Article 2.3 of the R-ARCSS in which the parties agreed to desist from recruitment of forces. This blatant violation of the R-ARGSS only confirms the fact that the TGoNU is deliberately undermining and demolishing the R-ARCSS.
Lastly, both agreements reference the R-ARCSS, yet the parties that have signed the R-ARCSS were entirely absent at the table. “Where does this agreement fit into the R-ARCSS without the participation of its signatories?
In conclusion, the PCCA wishes to inform the people of South Sudan that both the Kit-Gwang factions and President Kiir, have betrayed the interest of the people of South Sudan. These are politically expedient agreements aimed at shoring-up President Kiir, who has failed the country, and to replenish the accounts of the warlords.
These agreements do not enhance the chances of peace and stability in our country, rather, they propagate continuing instability and uncertainty. If there is uncertainty and the country remains insecure, President Kiir will continue to cling to power. Real peace lies with the people of South Sudan, but they must unshackle themselves from the bondage of warlords and self-centered economic opportunists.
The PCCA is a non-violent prodemocracy civil rights movement, advocating for peace, human rights, and democracy in South Sudan.