Home | Comment & Analysis    Saturday 25 January 2014

UNMISS must leave, it has gone too far


By Daniel Juol Nhomngek

January 25, 2014 - South Sudan became a sovereign State on 9th July, 2011 when its flag was raised and Sudan flag was lowered with hypocritical blessing from the UN and its members to join the union of the civilized nations. The consequence of such recognition is that South Sudan became a sovereign state that all nations which recognize her must accord her with an absolute respect as long as it is behaving in accordance with the United Nations principles governing all civilized nations.

The respect comes because South Sudan is a sovereign state, which implies that it must be respected by all other states that recognized her including the UN and its organs. Reasons why other states respect the national sovereignty of fellow states is because all states recognize the importance of being equal whether small, big, strong, weak or poor; state sovereignty is the source of order and rule of law in the international arena and in the relation that exists among all states.

Such an important of state sovereignty is signified by the immunity granted to the state. The state territorial integrity is inviolable no any interference is allowed without any reasonable explanation from the violator. Sovereignty is the source of civilization to all nations. This is because without the state sovereignty there will be no respect among the states and which will result into chaos and anarchies simply because the so-called strong countries would force smaller and weaker countries to do what they want.

For instance, the USA is not equal with South Sudan in terms of military and economic power and it would have forced South Sudan at gun point some days ago to release the prisoners and sign cease-fire with rebels, but for national sovereignty, the USA could not do anything when South Sudan refused to listen to her orders or advice but just to plead with her. This is the beauty of national sovereignty!
It will therefore be correct to conclude that what maintains the world peace up to date since the Second World War ended sixty nine years ago is the respect of state sovereignty. The state sovereignty is a uniting factor among the states and I can take an analogy with Religion and God. In this case, the UNO is like Religion while Sovereignty is like God.

Sovereignty is like God because any country or non-state actor that wants to touch or violate the state sovereignty must do so through the UNO that can either gives green light to go ahead or gives red light to stop from crossing the line of sovereignty of the state. State sovereignty in other words is one of the distinguishing features that make a country a country.
A country without sovereignty is not a country but a land that is up for grab by sovereign states. State Sovereignty gives country an absolute immunity and it is that immunity that makes the country being respected by other countries. No any country which does not have immunity created through national sovereignty that can enjoy full independence or can be considered an independent nation.
This goes that for any country to be considered an independent nation, it must be accorded with sovereign status that is, respected by other states and other non-state actors. The UNMISS must have done the same to South Sudan.

As I have stated above, when South Sudan became an independent state under the auspice of the UN in 2011 and by that fact, she acquired the status of the sovereign state that must be respected by all. Any violation of her state sovereignty must be explained in clear terms by the violator.

Such an explanation can only be acceptable if it is in line with the Article 1 of the UN charter that accords all state with the principle of sovereignty. The UNMISS must have done the same because South Sudan is a sovereign state and it is because of South Sudan government that is why it is still operating in the Country today otherwise, it would have left when its terms expired.

The United Nation Mission in South Sudan operates there because of the permission from the government of South Sudan. The UNMISS must therefore respect the government of South Sudan as long as it is doing what the 1945 UN Charter requires, which is the document governing the relationship between the UN and South Sudan.

However, when I came across 8’Oclock South Sudan Television (SSTV) news on Sunday 19, 2014, that the United Mission in South Sudan denied the Minister of South Sudan of Information and Broadcasting, Honourable Michael Makuei Lueth to access the displaced citizens of South Sudan within its compound, I was baffled, confused, angered, annoyed and completely put off.

I know the inviolability accorded the UN compound from any non-member unless the UN Members within that Compound allow but the exercise of such right wrong exercised wrongly this time. I was completely left speechless and in profoundly shocked and disbelief.

I thought that the UN Mission in South Sudan, which is the part of the UN that enforces the principle of State sovereignty, would be the last body to violate its own religion that it imposes on every state to follow. It was a hypocritical act to see the organ of the UN behaving in such uncivilized manner.
The UN Mission in South Sudan should have followed the formal procedures that are laid down in its own Charter in case of interfering with the South Sudan Sovereignty. The action of the UN Mission in South Sudan gives various interpretations in my understanding.

The denial of legitimate government to see her people gives the interpretation that South Sudan government is a murderer government because it will kill the citizens if allowed to enter the UN Compound. Besides, what does it mean if the UN Mission in South Sudan allowed rebels access to its compound but denied the legitimate government access to the same compound?

In my understanding, it means that the UN Mission in South Sudan sympathizes with the rebels and wanted the rebels to overthrow the government. Such an act is a hostile act and the government of South Sudan must seek answers from the head of the UNMISS because it is a hostile act that cannot be tolerated by any sovereign state, may South Sudan will be an exceptional case in modern history.
Another interpretation which comes in my mind is that the UN Mission in South Sudan has declared the attempted coup successful and considered the current government illegitimate, a view that is inconsonant with the principle of State sovereignty. The state sovereignty provides that all recognized government must be respected by both governments and non-state actors.

It was a violation of South Sudan sovereignty within its territory. If it a buffer zone or no fly zone then it is the UN General Assembly that passes resolution not an organ like the UNMISS. South Sudan must this time exercise its sovereignty rights to seek clear explanation from the Head of the UNMISS because the denial appeared literally something small but it is a serious violation of the state sovereignty.
The denial of the Minister of South Sudan to visit the citizens of South Sudan is a serious violation of South Sudan sovereignty because one of the elements that make a country like South Sudan an independent and sovereign state is people according to Montevideo Convention.

Article 1 of Montevideo Convention provides among others that permanent population is one of the elements which define the sovereign state. Since the population is made up of the people whom the state has absolute duty to protect I am sure South Sudan government cannot afford to lose any person within that population unless otherwise, which will not be her intention. As I have stated above I am baffled by the UN Mission in South Sudan’s act of denying the minister of information of South Sudan unfettered access to the people of South Sudan, I consider such an act to be offensive and our government should treat it seriously.

If there is no proper explanation given by the UNMISS, then the government of South Sudan should tell UNMISS that the time is up and it must leave South Sudan because it has gone too far. The UNMISS has gone beyond its mandate because its mandate is not to restrict the action of the government from executing her duties that are granted by the UN Charter but to ensure that the country works in line with the principles enshrined in the UN Charter and other international legal instruments.

Visiting the displaced persons by the country’s minister within its own territory is one of the duties that legitimate government must carry out irrespective of whoever is in charge of such persons. It is consistent with the duties of the government provided by the international laws and failure to carry out such duties would be contrary to the international norms that govern the civilized nations.

The UN Mission has got it wrong this time and must give proper explanation otherwise it must be told to pack and leave South Sudan territory because it is not even keeping peace but interfering with the state management. What did the UNMISS do when people were being massacred in Juba, Unity State and Jonglei State? Where was the UNMISS in December 2013? It is hypocrisy. If the UNMISS in South Sudan wishes then let it must join Riek because the way it is behaving appears that it is supporting rebels. Why did it allow rebels to enter compound unfettered but denied the government minister accessible to the same compound? Why?

The writer is the Student of Law in Makerere University, Kampala- Uganda. He can be reached at juoldaniel@yahoo.com

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  • 25 January 2014 04:37, by Paul Chadrack

    unmiss will not leave this country until proper peace restore and ur corrupt is investigated and taken ICC. they will disarmy ur tribal militias also the so call presidential guards(gel weng). will be taken to where they come from.

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  • 25 January 2014 04:40, by Paul Chadrack

    unmiss will not leave this country until proper peace restore and ur corrupt president is investigated and taken to ICC. they will disarmy ur tribal militias also the so call presidential guards(gel weng). will be taken to where they came from.

    repondre message

    • 25 January 2014 05:06, by Paul Chadrack

      makuei lueth is one of those who advise kiir to planned that dirty tactic the so call coup, so their counter plan went wrong and it is now clear that there was no coup and it was a planned to arrest those opposing kiir dictatorship.

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  • 25 January 2014 04:49, by Tutbol

    ’UNMISS must leave, it has gone too far’
    I for one have never been a fan of an armed UN troops deployed to bring peace to warring parties. Since anyone can remember in the Nilotic plains; communities used to fight each others with spears & when the two communities are each others throats. The neutral communities that intervene to bring peace to the two warring communities don’t intervene with....

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    • 25 January 2014 04:59, by Tutbol

      their spears lest they may be taken for enemies by the warring parties; instead the neutral communities are armed sheals & sticks & would form two lines facing both warring communities & would persuade every side to back off. This system of peace keeping may sound primitive, but it is highly respected by in S Sudan.

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      • 25 January 2014 05:09, by Tutbol

        But this idea of arming the UN troops to teeth & toss to another country as peace keepers just doesn’t make sense. It is a plain occupation of a sovereign state by the US-Europeans in the guise of peace keeping. The glaring example of UN occupation of a sovereign state in Africa is Eastern Congo. In 1960th the West used the UN troops to fight a proxy war against Russia...

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        • 25 January 2014 05:24, by Tutbol

          during their cold war---countries like Britain, France & the US drew in troops from their former colonists like India, Pakistan etc to servile as shoddy UN mercenaries & Eastern Congo however, with the present of UN troops since 1960th, yet to have peace! But the so-called UN govt is not even having of a slight tinge of shame to stop this shoddy business....

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          • 25 January 2014 05:32, by Tutbol

            of armed UN troops in other countries...the believed that its mission in Congo is a success & that it was time to replicate it else where such as S Sudan. Any our leaders like Makuei Lueth who is now burning with anger should better, he is one of the elite who approved the renewal of the UNIMISS mandate after independence & moved....

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            • 25 January 2014 05:55, by Tutbol

              the UNIMISS to our state of Jonglei & here is what we got. The UN-UNIMISS has brewed a violent destruction since 1991. UN planes were able to roam freely visiting & supplying David Yau Yau with arms and when our people informed the like of Kuol Manyang of the UNIMISS activities---the warning were simply ignored & now?

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  • 25 January 2014 05:29, by 4Justice

    Read William F. Jasper’s eye opening book The United Nations Exposed (2001) which proves beyond a shadow of a doubt that the UN is more than a harmless Organisation and clearly shows how the UN is in fact the foundation of a one world goverment hell bent on destroying the sovereignty of all nations of the world.

    The Rockefellers were instrumental in forming the United Nations.This refutes the lie paraded by many liberals that the U.N.is just,independent group that isn’t created by the international bankers at all. The United Nations’land was originally Rockefeller owned land. David Rockefeller in his Memoirs admitted that he wanted to establish a one world and he isn’t ashamed of that goal.

    According to a 1985 retrospective study prepared by International Basic Economy Corporation, top executives of Belgian corporations in the Congo and the Rockefeller conglomerate met to bargain. The beginning of these negotiations took place at the 1960 Bilderberg meeting in Burgenstock, Switzerland (Henry Kissinger was representing the Rockefeller dynasty and Pierre de Wigny was a Belgian foreign minister plus the former general counsel of the SG Trust).

    Piece by Piece, Brick by Brick

    CFR luminary Richard N. Gardner took this same message of patient, persistent plodding to the Council’s members and followers in 1974, with his now-famous article in Foreign Affairs entitled “The Hard Road to World Order.” Since hopes for “instant world government” had proven illusory, he wrote, “the house of world order” would have to be built through “an end run around national sovereignty, eroding it piece by piece.” This could be done, he noted, on an ad hoc basis with treaties and international “arrangements” that could later be brought within “the central institutions of the U.N. system.”

    The gradual road to a Satanic world order, as outlined by Jessup, Cleveland, Gardner, et al. — “root by root,” “brick by brick,” “piece by piece” — has been followed assiduously by the one-worlders and is now rapidly approaching completion. However, even at this late hour, it still is not too late to throw a wrench into their well-oiled machine and topple their planned “house of world order” like a house of cards.

    Further Reading: Global Tyranny Step By Step - The United Nations And The Emerging New World Order (1992)

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    • 25 January 2014 05:46, by Tutbol

      You are 100% right. Yes that is the point---new wold order is another aim. Africa, a continent of fools, where every sh*t is first experimented fit the place. Our leaders are now shouting at the UN-UNIMISS like spooked water birds, but the UN govt was/is being experimented in S Sudan. once again, thank for the links.

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    • 25 January 2014 16:10, by choldit

      Is ss govt going well with its due to governance this nation and that it it UN that’s destroying it? 4justice, Dr. Riek Machar recently advised the world that if one doesn’t know that a massacre took place in Juba late last year, then one doesn’t know why those many soldiers took army against the regime in Juba. I never see a govt ordering execution of its citizens like Kirr regime did.

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      • 26 January 2014 05:28, by 4Justice

        i am being candid here, the problem of South Sudan is Salva Kiir Mayardit, if he steps down, there will be peace and development. South Sudanese are capable only if Salva and his corrupt self serving friends leave us alone.

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  • 25 January 2014 06:25, by 4Justice

    You’r welcome Tutbol, we have to educate people about these children of Lucifer and their hidden agenda to ensalve mankind. The bible says "Have nothing to do with the fruitless deeds of darkness, but rather expose them" —Ephesians 5:11

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  • 25 January 2014 07:13, by bolingo

    Our government hates UNMISS and that’s not strange, UNMISS has been doing it’s mandate of protecting the civilians which the government is unable to protect and it’s the same government who gave directives to kill them because they belong to certain ethnic group.

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  • 25 January 2014 09:09, by jur_likang_a_ likan’g

    The opinion of the author of this article is not necessarily the opinion of the rest of the population. This is yet again another vision of a selfish, despotic like way of thinking that serves personal rather than the interest of the nation. South Sudan can not afford to isolate itself from the rest of the world.

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  • 25 January 2014 23:39, by Gordon

    This latest comment written by a student in Uganda is nothing else than another nail into the coffin of South Sudan. Ok, send UNMISS out of your country, so that there disappears the last fire brigade in this burning country. And what will be the result after some time? A country without population, all killed or living as refrugees in other places. Al Bashir and/or M7 will love it!

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  • 26 January 2014 00:03, by Gordon

    Just for your information: The mandate of UNMISS is as follows:
    "To provide good offices, advice, and support to the Government of the Republic of South Sudan on political transition, governance, and establishment of state authority, including formulation of national policies in this regard…" Anything wrong about this?

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  • 26 January 2014 00:42, by Gordon

    My last remark tonight: There are so many friends of South Sudanese people worldwide, who supported your wishes to become a sovereign country. They did their best by organizing CPA and countless other resolutions and meetings. And submitted tremendous sums of "help money" to your country. What is the result? Nothing else than another "failed state" in Africa, giving the worst news daily.---

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    • 26 January 2014 03:31, by Tutbol

      You are just another dunce who wants to lecture S Sudanese things they already if the UNIMISS were brought to S Sudan to *advice* the govt of S Sudan; then why are your so-called *advisers* armed then?
      Do you arm yourselves & then go advise your friend? Even a fool of all fools would always want to his/her own stupidity.

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      • 26 January 2014 07:15, by choldit

        Thanks Gordon for clarity. Must of ss pple behind Kirr and Museveni thought the UNMISS is armed to help us fight the rebels like IGAD did thru Museveni. The UNMISS didn’t stop the Dinka killing of Nuer in Juba even in the UNMISS cmpds. What else could one think but to expect the regime supporters to expect the whole world join them in Nuer massacre in juba.

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