By James Aniceto Batikayo
I had the honor to attend the first peace talks in 2012 at Addis Ababa and the talks that culminated in the Revitalized Agreement on Resolution of Conflict in South Sudan (R. ARCSS) 2018.
In this regard, I wish on this big historic occasion of South Sudan’s Independence Day on 9th July 2011, to call upon the political parties signatories to the R. ARCSS, to attend to many important matters that they might gratefully consider in their capacities as the government of the day, in the best interest of our country.
These matters in principle are:
1-Elections 2026
It is of utmost importance that the country must have: (a) Elections Time Table and final regulations clarified promptly not later than the end of this month July 2025, in order to have adequate preparations for the elections in 2026.
(b) The elections must not be the repetition of the previous experience “following the Comprehensive Peace Agreement 2005,” whereby elections were held at all levels and in all constituencies altogether within one time span.
(c) This time around, elections must be organized and carried out stage by stage like in all countries of the world including in our African neighborhood. It starts with election of the Head of State or the President of the Republic and followed by the National and State Elections. This way, it will be in the best interest of National Security, combat of corruption and easy management of elections budget.
(d) Reconstitution of the National Elections Commission (NEC) which has been in office for almost two decades and there have been complaints that some of the top leaderships have failed to prove that they are non partisan, neutral and impartial when they were seen attending a political party meeting in Wau early this year.
(e) Political Parties with names implying animosity to our neighboring countries by calling openly through their names for the liberation of those countries must change names or have their Registration Certificates reviewed. Likewise, two Political Parties with one name, each party claiming to be the mainstream, must both introduce rectifications or otherwise be written off.
(f) Political Parties that are signatories to the R. ARCSS must all register in accordance with the Political Parties Act 2012, because the peace agreement itself does not exempt any of them from registration; otherwise, they must be considered lawless or Holdout groups who cannot therefore be accepted to run in the coming elections. These parties must also understand that political movements are not at all political parties.
(g) Military Generals and other man and women in uniform who have been dragged into constitutional positions, must resign or retire this time around in order to go for elections or they must not be allowed to enter the elections.
(h) National Constitution Review Commission (NCRC) has failed so far to inform the public as whether the country is writing a total new constitution or it is only reviewing the current Transitional Constitution in order to prefect it as a Permanent Federal Constitution of South Sudan. How could people therefore subscribe to the writing of the constitution so that it becomes people’s driven and owned constitution? More intensive effort is still required. The NCRC cannot review the constitution when the new elected parliament is functional after the elections; therefore, it must be an ad hoc not a permanent commission as claimed now by its officials.
(i) With the need for lean governments in near future, office for Registrar of Political Parties must be established in the Ministry of Justice. This is how it is in most countries of the world if not all. The Political Parties Council (PPC) cannot direct, control or police political parties in a democracy as suggestible in the PPC Act.
(j) Release of all political detainees on basis of National Reconciliation and the occasion of the Independence Day, will boost the morale of the nation, in preparation for free, fair and credible elections come the year 2026.
- Permanent Constitution Making
Among most important matters are:
(a) there must be one inclusive constitution document providing for both the federal and the state governments, as well as the local government, like the case of Ethiopia and Nigeria for example but not the case of the United States of America where states have each a constitution outside the national constitution or the union government constitution.
(b)The process of the Permanent Constitution Making should not be by writing a brand-new constitution but by reviewing the content of the Articles of the present Transitional Federal Constitution to provide for full fledged federal system by rewriting any of its Articles, adding or dropping some of the Articles. In other words, changing the provisions of the present federal constitution from Decentralized system or system of Devolution of Powers to federal system of Allocation or Assignment of Powers whereby states could own real powers to themselves except powers for defense, foreign relations and economy that must mostly remain with central government.
(c) Civic Education for the constitution making should use besides English and Arabic the local languages and dialects in the Radio and the billboards as well as in the T.V.
- Census
(a) Many people abroad as refugees, expatriates and migrants besides the Internally Displaced (IDPs) might be returning home if the election of the President of the Republic is held first and has proved successful.
(b) The Presidential election does not require now those categories of people all to be in the country. They could be reached with the ballot boxes wherever they are outside the country or at displacement centers.
(c) In case the census begins in July this year 2025, it might go until after April 2027. All this time from now to then is ample time that could be for organizing and well running of the national and the state elections, after the Presidential election.
- Elections Funding
(a) It is advisable that legal framework be established for investment on production and sale of Gold and Gum Arabic (which is produced in South Sudan mostly and exported wholly from Sudan to the USA, Europe and the rest of the World). Gold and Gum could be at hand now to be the main funding source of the elections at present. Other sources could still be attempted through attracting various investments but foreign borrowings must be avoided to guard against deficit financing that might ultimately harm our ailing economy.
(b) Genuine competitive elections on candidates’ equal footings requires that the state must fund political parties but in our case in South Sudan, these parties must build up coalitions of two or three groups to get the state funding for going to elections.
- Discouraging Elections Tribalism
(a) When our hero Late Dr. John De Mabior appointed top Executive Authorities in the 10 States each appointed for a state which is not his state, e.g. Dr. James Wani Igga for Upper Nile at status of Acting Governor though he Is a Bari from Central Equatoria state, Dr. Lam Akol appointed for Western Behr Gazelle State while he is from the Shuluk tribe of Upper Nile, and so forth, he intended to teach us practically how National Unity is built up and tribalism is defeated.
(b) A citizen from any tribe can work and stand for election in any of the 10 states in the country advocating the program of his or her party for South Sudan and not his personal program so that when people vote they do not vote for the individual person but they vote for the party with a program and vision which is good for the constituency and the country.
6.. One Army
- From layman perspective, latest military skirmishes in many parts of the country seem to suggest unfortunately that the SSPDF is regarded the SPLM Party force, while the SPLA (IO) is the force of the SPLM (IO) and the rest are the forces of the scattered Holdout forces. In order to unify these forces, the idea of another name as South Sudan Defense Army (SSDA) could be adopted to be the new name of the Army of the country. All the aforementioned forces must then report individually and personally to this SSDA, the new National Army of South Sudan. (b) For structuring and ranking in the new Army, there must be a United Nations (UN) body to do that work so that it will be acceptable to all armed parties involved. (c) If there is any foreign army present in the country it must preferably leave the soil of South Sudan by the end of July 2025, the month of our Independence and Freedom.
Happy Independence Day to every South Sudanese in the globe and Glory be to the Martyrs and recovery to all the wounded and mayhem. God blesses.