Mechuol Magazine And Publications (2024)

07/06/2022

SELF DETERMINATION FOR NUER PEOPLE
NUERLAND 1902-1943

Before 1902-1947, Nuerland was an independent Nation. Free of foreign invasion and colonialism. No sudanization nor colonial administrative structures imposed on Naath people. However, according to the colonial definition and structure of colonial Sudan, NUERLAND became known as a former colonial territory or Nuer districts. This former colonial territory was proposed to get its independence from the rest of colonial administration in 1943. The proposal was put forward in a meeting held in 1943 by Nuer district commissioners. The size of Nuerland is around 35 000 square miles, three times the size of Denmark. Nuer people became part of Sudan's political structure at the turn of 19th century by use of force by colonialism. Sudan's new colonial structure was resisted by the Nuer resistance movement for 38 years. Historically, the Sudan state emerged as a result of the colonial political structure of Anglo-Egyptians Condominium. The people they called Sudan today were never one people in the past. Furthermore, there's no loyalty or social contract that helps to build national conscience. Colonial invaders came to Nuerland in 1902. That was how a separate nation was made to be part of Sudanization.
The historical beginning of that sudanization goes back to the seventh century A.D by Arabs who migrated to Egypt at the turn of seven century A.D. The Name Sudan was coined to mean Nubians by Arabs who invaded Egypt earlier. We never called ourselves Sudanese in the past, we called ourselves the Nuer or Naath. Generalization of nations brought about identity conflict.
This historical Sudan needs to be unpacked to see the details of the problem of peoples that lived in this region known as Sudan or South Sudan today.

THE QUESTION OF NATIONALISM AND LOYALTY

The Naath Congress is very concerned regarding the theory of nation building. We think there is a need for state arrangement rather than nation building. We think there's no way to build a nation if people are not a nation in the first place. The Naath Congress observed that the scientific definition of a nation is people who speak one language which comes from common descent are the ones which are a nation. Such people that speak one language are supposed to make a Nation state because questions of loyalty and nationalism matter for National unity. If people cannot protest together, nothing remains to wait for. The analogy in this line of thinking is to compare the nature of a crisis of a diverse Country and that of a homogenous Nation. Let's look into the problem of both the first Republic of Sudan of 1956 and the problem of the second Republic of Sudan of July 9 2011. We called them the first and second Republic of Sudan because of the diverse nature of the two states of Sudan. Nothing changed much, only that we separated geographically. The Republic of South Sudan was made independent on July 9, 2011. The Countries South Sudan and the North are diverse Countries whose peoples lack common origin which caused lack of nationalism and loyalty to people to themselves. They were people that were forced to unite by colonial structure. They had a problem of social contract and historical loyalty. People who lack positive shared memories of long historical backgrounds together lack social capital needed for viability and stability of a state. That lack of loyalty of people to themselves led to the disintegration of the first Republic of Sudan. Practical example was Arabs who controlled the first state of Sudan for 50 years and made others to depart the state. Arabs were imposing their identity and culture upon the state. The state of Sudan was dominated and at the grasp of the Arabs Nation. It was shared on the surface by several Nations but there was another layer of a deep state. As a result, the civic identity of Sudan was weaker compared to ethnic national identity of Arabs in Sudan. Arabs by then, did not only capture the state's resources but the power to keep those resources at their control. The same condition of Sudan is already on the verge in the Republic of South Sudan. Dinka who got a chance to rule the Country in 1983 during the liberation struggle and continued ruling it during the interim period until independence, are doing the same as Arabs were doing in the former Sudan Republic. As it was the case in Sudan, it is also the case in the new Republic of South Sudan. The peoples who called themselves one people today were once different peoples of yesterday. They shared nothing positive in the past. We were just assembled by colonialism for the purpose of inquisition. People who have nothing in common historically, socially and politically always lack the vital elements of state building the social capital or Nationalism and loyalty. No one wants to be victims of national exaggeration for unity while that unity is being as a mean fir ethnic exploitation. This is the brief reason that caused the fall of the First Republic of Sudan. The second Republic of Sudan in the South is also at risk of ignorance. There is a need to look critically into the problem of South Sudan through a new lense. You can't resolve the problem using lies or false assertions. The reality is much different than the route we are taking. The question of nationalism and loyalty is crucial to us.

THE QUESTION OF IDENTITY AND A SHARED POSITIVE HISTORICAL MEMORIES.

Nation is a positive historical memory that people share from the past. That made them who they are and be proud of it. We, as the Naath Congress, have discussed the issue of identity. We asked some vital questions with regard to who Nuer are as people. Who are they by identity regarding national and social origin in relation to loyalty and Nationalism. We questioned the importance of social capital in relation to the fragility of state. Who were Sudanese before colonialism----a case of loyalty of people to themselves to make the state. We have learned that we share nothing before the 18th century, we have found that we only shared the region but not the identity. The peoples who are calling themselves Sudanese today were different identities who do not share a long history of origin in the past. We think that matters a lot with regard to state making and state arrangements. There's no way to undermine such issues if we need serious peace otherwise silencing the guns through intimidation and violations of rights never resolve serious problems. We have considered the UK's state arrangement with special interest alongside the Westphalia treaty and nation state concepts. We have learned that lack of considering diversity in the state making arrangement led to disintegration of the first state of Sudan. Humans like routines, they tend to think the same way, face the same problem, take action to resolve the same problem using the same way which definitely brings the same result. We ought not to think the same way to resolve the problem of South Sudan. The problem of South Sudan is not different from the conflict of former Sudan. We are facing the same problems of identity and lack of Nationalism or social contract. That means two Sudans' Republics shared the same crisis by nature. Sudanese are birds of different feathers. The comparison between the conflicts of South Sudan and Sudan can help us to find the right solution before it is too late. The Naath Congress had used the first civil war of Sudan as a reference to the current conflict.

Let's take an example to compare both conflicts of two Sudans. Sudan got its independence in 1956 as a Republic of Sudan but went to civil war by itself before independence in August 1955, that civil war occurred before independence for four months. What was the cause of war in the Republic of Sudan?
The war was caused by competition of different identities that were put together in one state by colonialism. Remember that Sudan was a state consisting of several nations or tribes as they called them. The nation or tribe in power, especially the Arab nation in power in Sudan imposed its identity on the new born state---the Republic of Sudan. The theory of nation building that's being used today as a slogan by current theorists of the South Sudan state does not fit to resolve the problem of that nature. It is just a mere tool being used as an o***m to circumvent reality. Sudan or South Sudan had never existed as a Nation in the first place to apply the notion of nation building on it. No previous social historical contract found in South Sudan society in which to build the nation. It must be a nation first to build it.
Historically, the People of the Southern region of Sudan that were mistreated by people of Northern Sudan assumed they were one people because they shared the same resentment, Region, color of skin and religion. As few were Christians by then that led us to undermine sublayer that governing behaviors. Identity and language is stronger than religious belief and similar skin color. As a result, leaders who were in charge of state making did not bother themselves to question critical questions which could lead to the reasonable arrangement of the state. The same way Arabs were doing in the Republic of Sudan. That's why Arabs' national identity overrides the cultural reality of the social setting of Sudan. The same practice that Dinka has repeated in South Sudan. Instead of SPLM considering the reality of diversity, they ignored all those social, historical and political differences between colonized societies. They thought they were doing good things. People who were trying to think differently were treated brutally in the politicking process, for example members of SPLM DC that were trying to think differently were beaten and intimidated for that. Some were put to death and other people’s teeth and ribs were broken such as Thoan Teny and Onyoti Adigo. The fact that those societies were colonized together doesn't make them one national identity with a sense of national unity and conscience. The people of South Sudan, a former colonial territory, have 74 years of history. We take our shared history from 1947 Juba's conference. That cannot make any historical, socio-cultural and motivation force that's enough to override tribal or linguistic differences. The Juba conference was the first time for Southerners to meet as a socio-political entity with shared destiny. We may say politically, we shared nothing before the 19th century. Socially we do not speak one language but different languages. That's evidence that South Sudan is not a nation nor people because they do not share a language. South Sudan is not a nation but nations that were colonized together. A nation by a definition is people that speak one language and share common descent which we do not. That can land us to the question of national loyalty. That had reminded the Naath Congress of Westphalian’s nation state solution. We think we need to decide our destiny as Nuer people. While the South Sudan state is mistreating us, we will think about our destiny and our future .
Finally, It took 20 years until 1991 when Southern peoples came to the right route---the self determination. We knew our right to determine our fate to avoid a prolonged crisis. There's no way for unity of state because we only share a negative historical resentment. That historical resentment caused Dinka massacred in Bor in 1991 and Nuer genocide in 2013. Dinka resented that Nuer mistreated them during the Nuer conquest to Eastern Nile during the 19th century, the conquest was around 1817 to 1860s. By the emergence of colonialism Dinka made alliances with colonizers to take revenge.

HISTORICAL SOCIAL CONTRACT, PEACE MAKING, VIOLATION OF PEACE IN RELATION TO NATIONAL IDENTITY AND A DIVIDED LOYALTY.

This section answers the question why peace are violated. We believed as Naath Congress that social treaties including constitutional agreement were the result of previous agreements of the society found in cultural narratives and tradition founded in the past. Constitutions of various types were not written by the time they were written because they pre-exist before they were written. The Constitutions exist in people themselves that's why some people make permanent constitutions while others do not. We realized those who are able to make permanent constitutions are those from common descent who use their traditions to write the constitution. Such social treaties underneath societies consolidate political agreements on the surface of nations. The mistrust of nations that make one state always brought consecutive violations of treaties and peace. We had experience in the previous Sudan's conflict. Competition of a competing tradition does not allow a treaty to prevail in the society. What happened in 2015 and 2018's peace agreements was seen in the past. We had experienced the violation of several agreements in Sudan. There were series of peace signed and violated in Sudan before and also in South Sudan. This current peace is not less than a conspiracy against the Nuer in the state of South Sudan. 2015's peace agreement was signed and violated by the Government of South Sudan whose majority were Dinka as the Addis Ababa's agreement was signed and violated by President Nimiery in Sudan whose majority in the government were arabs. Khartoum peace agreement was signed in 1997 also was violated. Rwanda peace agreement was signed and violated which led to genocide in 1994. The case is that social treaties or social contract do not exist in such societies. Such societies cannot make it to have a permanent constitution. South Sudan will not have a permanent constitution in the future because they do not share a permanent tradition of rules in which the constitution is extracted.

The Naath Congress concluded that Lack of trust between existing Identities within the former colonial territory, always caused lack of political will. Political will is only found in pre-existing social agreements prior to any political action in the present. As they lack a basis of social agreement in the past, there is no way to respect baseless political agreements. Political actions and politicking are on the surface of the society while underneath is different. Political agreements without strong social contract in the past are ultimately building on the foundation of sand. People who share nothing in common cannot be united by mere politicking consumptions. People like us cannot trust fate in such conditions.

QUESTION OF COMPENSATION OF NUER PEOPLE

Why is it difficult to Compensate Nuer people? It is evidence that Nuer properties were destroyed in Juba, the well developed city in South Sudan. It is evident in several reports of international bodies including the UN, AU, the Small Arms Survey, USAID, and the Troika. Why not start peace and reconciliation from there. Nuer homes and housing, education and sources of finance and human lives were destroyed by the government of South Sudan state. The government must Compensate Nuer properties. We know the reason why it is difficult for the state of South Sudan to Compensate Nuer people. It is because there is nothing in common in the first place. There's no national sympathy to feel the pain of people. Instead they enjoyed the suffering of the Nuer people. The government of South Sudan state is so sociopathic to destroy Nuer. We are asking peace loving Nations who want to help the South Sudan state to consider compensation for Nuer people. It has become history that Nuer people were massacred on 15 December 2013. Nuer homes were destroyed by the government, some were occupied by Salva Kiir's ethnic group. As a result, it was risky to be a Nuer man or Woman in Juba during crisis. Population of Nuer in the main big cities in the Country were targeted. As a result, they went for rescue to the UN mission in the Republic of South Sudan www.unmiss.unmissions.org. As conflict continued, they stayed in UN protection sites until today. Twenty thousands unarmed Nuer civilians were massacred in Juba city alone. Assessments were done to record the names of people whose lives were lost in Juba city alone through Nuer's associations across sixten Nuer’s counties. Nuer has 16 Counties in the South Sudan state. Each County was asked to bring the names of people who lost their lives. That was the simple method used to know how many people were killed in Juba city alone. The methods they were using to kill unarmed Nuer civilians were many, some were burned to death while others were gunned down at their residences and at government's facilities. Some people were put into containers to deny them oxygen and suffocated. It was not only to kill people but to deny them their social rights. Nuer children were denied education for almost eight years.

The question of compensation is something inevitable. No one cannot deny the fact that Nuer were targeted based on several reports from AU, UN and other international bodies. Unfortunately, no single peace guarantors raise that issue. Peace Partners jumped the most crucial issue of compensation to rather talk of reconciliation and forgiveness. SPLM IO and other political parties were concerned about power sharing to get positions. It is difficult to talk about reconciliation to a homeless person who knows the one who took his home. Always there is a feeling of pain by those who went through suffering of humiliation and agony of loss of loved ones and a home. We have considered that as a policy to make Nuer a second class in the new Republic of South Sudan. As Naath Congress, we are seeing a new colonialism of a different form. It is a creation of a new order where the majority of Nuer will be illiterates, to create a society worthy to do casual works. Nuer people need to be compensated to rebuild their lives again. It is clear and plain that new buildings were built at Nuer known residential areas of Mia Saba, Newsite, Eden, Mangoteen, Kor-william, Jebel, Gudele, Munuki referendum and Juba Nabari. Even the house of a renowned General Peter Gatdet is occupied by a Dinka Man.

QUESTION OF RESOURCES AND WEALTH SHARING

The issue is not a matter of peace agreement, it is about the contents of that agreement. The current peace agreement did not give Nuer their rights. It had given back politicians the positions they lost in 2013 but it didn't give us our rights. As a result, South Sudan is a tool now to mistreat us. The peace did not give back our homes and properties the government took away from us. As South Sudan became a tool to destroy us, we want our resources. We need a wealth sharing arrangement. The agreement did not consider wealth sharing. South Sudan is a state of combined lands, each nation or tribe has its own land with resources. Those pieces of land together are called the South Sudan state today. If that state mistreated Nuer and left them empty then we do not have an option, we need wealth sharing. Lack of wealth sharing policy is problematic amid current political conditions. The state of South Sudan hijacked those resources from Nuer without constraints or limitation mechanisms by law. The government that mistreated us has a massive access to Nuer resources. Centralized resources under leadership that hated Nuer provoke another way of thinking about the problem itself. Oil revenues in Nuerland are taken to Juba leaving Nuer empty handed. Nuer children do not go to schools because their resources were taken by the South Sudan state in Juba. The worst part of that is the government is using those resources to buy arms to armed themselves to kill and continue to displace Nuer women, children and Elders to Refugee camps. Nuer are living currently under severe housing conditions and Illiteracy. This kind of South Sudan unity is dangerous to the Nuer people and to the South Sudan state. The question is why Nuer do not deserve their own resource in their land. What's the meaning of South Sudan that invaded Nuer resources and killed them. What is so important in that state?

QUESTION OF SELF AUTONOMY NUER REGION WITH WEALTH SHARING

AU's report mentioned that 85% of National resources are being used in Juba alone while peripheries got only 15% such as ten States of South Sudan. The Presidency got 10% of the National budget of the whole Country, almost the same budget as the portion given to ten states. Oil producing state got only 5% of its own resources. The most heavy crude oil is produced in Nuerland. That means the oil that produces more money is Nuer oil. Salva Kiir falsely stated at John Garang Mausoleum in the political rally that oil belongs to Dinka. That Dinka Land is the only region that produces oil. Oil producing regions like Nuerland do not have schools. They live in a severe Illiteracy and live as refugees. We calling upon peace Partners that it is not a question of peace but a question of rights of people whose rights had been taken away from them. The right to political, social and economic rights stated very clearly in the AU, UN Charter and international law found in covenants of civil and political rights.

We are asking the partners of South Sudan and peace loving nations to think about that condition to help South Sudan. We do not request or want to invade the land of other people nor ask for resources of other people. We want to share our oil resources with others. They took our resources, especially by those who killed us yesterday. We need a Nuer Self Autonomy region with wealth sharing. We wish the IGAD, Troika, AU and UN to reconsider this proposal. Self autonomy and self determination is a right given by international bodies such as the AU, EU and United Nations. You all know that the government of the state of South Sudan targeted Nuer people even within UNMISS protection sites in Bentiu, Bor and in Juba for the last 6 years. Our homes had been taken by other ethnic groups. Now, relative calm has returned but still Nuer properties are not yet recovered in the capital city. In addition, Nuer are living under severe conditions. They are exposed to insecurity, hunger, lack of housing and lack of freedom of speech and freedom of movement. They are living in a serious humiliation, exposed to danger. Political, economic and social rights are not recovered.

QUESTION OF SELF DETERMINATION FOR NUER PEOPLE

UN Charter guaranteed the right to self determination for people. It says the purpose of self determination is to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace; www.un.org/en/about-us/un-charter. Covenant of civil and political rights for people and languages www.treaties.un.org. Naath Congress put forward solutions of self autonomy and self determination for Nuer people. The purpose of self rule for Nuer is not made for purpose of hated but to avoid perpetual conflicts over competiting cultures, power and resources. It is a decision made after serious debate of six years. We, Nuer realized that we cannot help others if we don't help ourselves. Nuer first and others next, the rule of helping a drowning person.
Nuer people have the right guaranteed by the UN's charter to exercise our God given right to self determination.

Before self determination for Nuer people, Nuer needs a self autonomy region with wealth sharing for nine years. Any peace signed without wealth sharing and consideration of Nuer rights is a half solution. We are doing this for the stability of the people of South Sudan. If there is an equal right for Nuer people, peace shall exist.

The Naath Congress came to the conclusion that the right solution for Nuer people is to decide their own fate as people. The South Sudan state has failed even to consider and recognise the suffering of Nuer people who are currently still living within concentration camps---the UN protection sites. Nuer have lost their homes even within Juba the Capital city of South Sudan. It is even difficult to imagine that Aschwitz and Gulag are still existing in the twenty-first century.
It is an undeniable fact that Nuer people were the first targeted by the state of South Sudan. International bodies such as the UN, AU, EU and Small Arms survey had covered and released a number of reports on that massacre. Small army survey had covered the period of 15 December 2013 to 2015. UN's report coverage 15 December 2013 and 31 January 2014. They both articulated what had happened to Nuer people. AU's report of the Commission of inquiry released on 15 October 2014 covered the whole story as well. http://www.au.int/en/auciss
The result of genocide committed in Juba city, the seat of the government of Republic of South Sudan state was very clear.

Nuer people were targeted, massacred on date 15 of December 2013. Small arms survey has articulated clearly in its survey report released in September 2015 that Nuer's problem was nor considered in the peace process www.smallarmssurvey.org. They mentioned that IGAD had failed to address Nuer’s problem in their search for peace in South Sudan, the reason being that parties had chosen to resolve their own political problems. They signed a deal of power sharing, ignoring Nuer’s compensation and nature of crisis problem. The people whose houses were destroyed include their economic lives were forgotten. They will need Nuer only for reconciliation and forgiveness. But before that we need homes back and our lives.
AU's report recognized the facts that Nuer people were targeted by state's policy. As a result of government policies, Nuer’s Homes were destroyed while some were taken over by President Kiir's ethnic group until today. How can a normal person trust his own life to the same leadership of the same Man (Salva Kiir).

SHORTFALLS AND LOOPHOLES OF REVITALIZED PEACE AGREEMENT

Revitalized peace agreement has failed to recognize Nuer rights that were violated in Juba and Bentiu as articulated in UN and AU reports released 8 May 2014 and 15 December 2013 and 15 October 2014. www.unmiss.unmissions.org They did not address the root cause of the problem, instead, the peace agreement had focused on positions sharing and unification of what they called the National army. The parties make sure they share positions between those who want their positions back and those who want to maintain them.
Revitalized peace agreement did not mention anything of Nuer condition nor recognized any physical loss of properties. It is a peace that belongs to the government and for the opposition parties. The intention of political parties is not for positive change.

DAYTON'S CASE OF FORMER YUGOSLAVIA

Yugoslavia was a Country at Balkan region which disintegrated into seven states. The people of the Former state of Yugoslavia went through suffering and agony during the 1990s. Sudan has gone through the same suffering because of political adamant and rigid thinking where people do not look for alternatives. Like South Sudan and Sudan were suffering unhealthy diversity and forced unity. YUGOSLAVIA has walked the same road of negative diversity.
The Dayton peace accord brought that ethnic conflict to an end under guidance of American President Bill Clinton when each nation got its own equal sovereignty as it was the case at Westphalia www.usip.org. Recent reviews on seven states of Yugoslavia published by the Institute of world politics showed that there is peace and harmony in those seven states of the former Yugoslavia state www.iwp.edu/articles/2011. The case of South Sudan requires critical thinking by the Nuer people. There is a need to consider options brought forward by regions and nations of South Sudan. Political conditions require Dayton's scenario to Nuer in particular.

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