Monday, 12 January 2009

What is the function of laws in Sudanese constitutions; and where do we place an individual right and freedom in the constitution??

In respond to the letter and view written to his Excellency on behave of Telar Deng and Alieu Ayieny dismissal; I would like to address my concerns individually to the public, Chapters, leaders and the citizens of South Sudan in general. In many occasions and events, I have never missed the world Democracy! Democracy! Democracy from all Sudanese in diaspora as a mean, and hope to overcome the unwanted system imposed on us by the Sudanese/Arab regime in earlier years.

From the Sociological standpoint, normative liberal democracy stresses the notion of equality, and freedom to all citizens in democratic state. All individual, citizens or groups have equal opportunities to affect and oppose or deny any suggestion by the leaders or individuals through the peaceful mean. In broader concepts, democracy sometimes has a mean of competition of ideology. It has been stated that “any one has right to object any ideas” because of the freedom of choice, expression and equality. Therefore you must know that the equality and social basis of freedom is broader than its political bases.

The democratic system we hold in our minds has some conditions. Conditions which may serve to moderate the intensity of partisan battle of ideology are the key requisites of democratic system in State, and therefore we may not be surprised why Mr. X and Y opposed and disagree with the proposals/ideas. Since the start, some individuals within the government had quitted and run a way, yet our responses are just to waves, and wave our hands goodbye. We will always waves, and wave our hands months and years until we put them down. The good example is Nhial Deng Nhial whom we had known for years in struggle, and had just disappeared until today leaving us in time of happiness and joys. My dear comrades, missing one person who had served for long in the party, and knew all party policy and principles is like missing twenty five individuals who knew nothing about party policy.

In regard to the dismissal of the fierce combatants dismissed from the movement, I would like to voice my concerns that dismissal of individuals in the daily bases would never strengthen our political rally and moral in the SPLM party. The laws and constitution had highlighted where an individual could fit in whenever he/she has violated certain laws. Understanding of the laws is very important because law permeates all realms of social behavior, individually and in public frameworks. Laws are used because the mechanism and methods of dispute should not be settled by an individual, but through collective and written laws. Since the principal of courts is to processes disputes, law is undeniably important both to society, individually and to the government instructions. It’s always considered as a central aspect of everything. Therefore, hiding the laws below the pillows would stir nothing, but chaos. Through reading your collective views, letter and other suggestions about the dismissal of Alieu Ayieny and Telar Deng, it seems that we are always been motivated by the negative stereotype than positive things. As I have been surfing all the websites, I have never found any one claiming that Alieu Ayieny and Telar Deng should go through courts procedures. Instantly, dismissing them from the movement won’t be the wise choice since all of us had been in those bad years of struggle together. If the laws of South Sudanese that had been written by the appointed judges, lawyers and legal appointees reflect the shift from the bush to the normal democratic state system, Alieu Ayieny and Telar Deng must remain innocent until further proves of their crimes has been acknowledged in a broader ways. Sometime people say that democracy is a wrong choice because some views, questions, and criticism connected to free will, free expression are the primarily problems of ethic.

Hereby, I’m not against the leadership of Kiir mayardit, the chapters’ leaders, and the individuals, but as an individual galvanized by the issue of Telar Deng and Alieu Ring; the absent of uncourtable procedures and the view of others. I do support the suspensions of these two leaders in their positions as ministers until their cases has been solved through party, and through general assembly, but regret in length that dismissal of an individuals from the movement is like dismissing him from the land. However, no one has a right to dismiss some one from his birth place. Telar Deng and Alieu should qualify for court cases or probation which is the normal first step in democratic system while holding their military positions as usual because these military ranks such as commandership were given to us individually base on individual progress during the struggle. By the way, where are the laws that took those who were suspected as “corrupts” to courts? Second, I was wondering if the South Sudanese representatives are well aware of the Sudanese government role in dividing them. Rumors and enemy betrayal took a great role in dividing our comrades or leaders although they hide it internally.

As a citizen in concerns of all these things, I always see an urgent actions not positively, but negatively without any valid prove. Although some issue are aimed for the destruction and violations of laws, some issue must require some working definition of laws for clarity act such as Telar Deng and Alieu Ayieny cases. Here in diaspora, I strongly object and condemn the view of those who said “let them go.” Let them go where? Nhial Deng Nhial has gone, yet his role has never been replaced and no one amongst us receive double salaries, and double ministerial posts after he left the movement. Where in the world is this law of going out has been tutoring? Around the world/globe, Sudanese usually felt happy when some amongst them are in risky situations. Instead of aiming to help them within, individuals aim to push them outside their places. It’s a kind of nature we grown up with, without thinking outside the issue and the concept that create problem. Therefore, this system of urgency actions/decisions had made us not even to think about forgiveness. If this system is going to developed in our brain/minds, we will gone through this dismissal policy despite competition and the claims that I’m better than Alieu Ayieny and if I’m there, I should perform better works and depend our leadership. If our joys and happiness is always caused by these negative stereotypes, well our happiness will reach more than 80% in a month time. Though some of us who are between the office of GoSS and society will run before me in submitting my name, I’m here to claims that let us be fair and patients when it comes to our concerns in particular. If Mr. X and Y has gone, tomorrow another person will also get dismissal without any valid procedures process until we all gone. I have seen a great emotion and happiness even in the faces of well known combatants who had fought in the war of nationality side by side with Alieu Ayieny and Telar Deng.

My dear friends, is this the only good things we may be rally about? Missing the compatriots and comrades who had fought with us in the long struggle should be the only good thing that made us happy. In the Christian philosophy and doctrines, it has been said that “if one party of your body has got lost, the other part of the body will look weak” because any part of the body has a valid functions with the body. Is Alieu Ayieny, and Telar Deng are not the part of the body? My friends let us think more beside the concepts of who does what and who betray who. Alieu and Telar Deng should never do anything wrong in this administration of Salva kiir mayardit and Riek machar, but ideology and political traditional value differs and that is the core function of democracy governments. Let us forgive our brothers and put them into probation until their crime has been investigated and confirmed.

Dear chapters' leaders, and intellectuals in diaspora. As an intellectuals, and people who had gone through academic systems, we must be cautious when we deal with our government issues. The lack of neutrality is undoubtedly reducing our promotion of peace and prosperity in managing those conflicts. Our leadership role should engage and promote an effective leadership mediation process than using an urgent support of conflicts within the SPLM party. We should be a conflict managing team, and in an idealized influencing team that aim to promote unity, prosperity and justice in a balanced picture of practical leadership in democracy manner. This is an individual view, and do not quote me wrong if you guy aim for democracy. It is basically an individual expression, and choice. God bless you!

SPLM Oyee! Unity Oyee! South Sudan Oyee!

Peter Reat Gatkuoth is an individual striving for change of laws in South Sudan, uncourtable cases procedure and an injustice in our contemporary society. I can be reach at peterreat@yahoo.com or peterreat@gmail.com

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