A group of Equatorian leaders in the diaspora have denounced the Establishment Order issued by President Salva Kiir on Friday saying that his decision breaks the law, the Transitional Constiution of 2011, which establishes only ten states. They are calling on the South Sudanese people to reject the decision.
Salva Kiir sought to decree the division of South Sudan’s ten states into 28 states. His information minister said on Friday not even parliament would be consulted on the decision.
The diaspora leaders say that Kiir has broken his oath to uphold the constitution, stressing that he is “not above the law.”
“Unconstitutional action: The current constitution of South Sudan states that there shall be 10 states in the Republic of South Sudan, and that no one is above the law, including the President,” reads the statement from the diaspora group hailing from the United States of America, Australia, Canada, and the United Kingdom.
“The President’s action in relation to issuing an order to create 28 States in the Republic of South Sudan violates the constitution and it amounts to amendment of the Interim Constitution of the Republic of South Sudan, outside his power.”
The statement goes on to cite Article 161 of the Constitution which says that the territory of South Sudan is composed of ten states. The constitution gives the Council of States the authority to alter state boundaries or names but nowhere gives any government institution the power to create new states or eliminate existing ones.
“The President has broken his oath by not consulting the members of the National and State Assemblies that represent the people of South Sudan. Therefore, the President’s action to create 28 states is unconstitutional. Any amendment to the Constitution for creating new states can only be carried out by the Parliament, and not the President.”
The diaspora leaders also called the decree a violation of the recent peace agreement and called on IGAD to intervene. “No party should be allowed to undermine the peace agreement by unilateral actions that are not stipulated in the agreement.”
“We call upon the people of South Sudan to reject the order of the President. The people of South Sudan have not been consulted on such an important and major issue of creation of new states.”
The statement is signed by Federico Vuni as an Equatorian community Leader in the UK, Kwaje Lasu as an Equatorian community leader in the US, Joseph Modi as an Equatorian community leader in Canada, and William Orule as an Equatorian community leader in Australia.
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Full list of Kiir’s proposed 28 states in S Sudan