BY DAK BUOTH RIEK-GAAK
In April 2024 when the High-Level Mediation for South Sudan, alias Tumaini Initiative, was started in Nairobi and the erstwhile government delegation led by the former youthful presidential envoy, Ambassador Albino Mathem Ayuel, came thinking that the negotiation would be a walk in the park.
They came into the negotiation arena in slow motion believing that the tripartite opposition groups namely the South Sudan Opposition Alliance (SSOMA), South Sudan People’s Movement (SSPM), and NAS-Revolutionary Command Council (NAS-RCC) have no unique solutions to the problems bedeviling South Sudan. In other words, they were made to believe that all the contentious issues had been exhaustively addressed in the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCISS).
Alternatively, their concept for the way forward was that the opposition to the Tumaini Initiative should just come back to Juba like other clandestine opposition groups to help implement R-ARCISS. They hastily contemplated and communicated that there was no need to negotiate another peace agreement because according to them, the defunct R-ARCSS was sufficient to resolve South Sudan’s problems although little has been done to implement it in six years since 2018.
However, when the chance came for the tripartite opposition and stakeholders to be heard, they managed to put up a strong case showing that R-ARCISS has several lacunas which makes its implementation impossible within the prescribed timeline.
In July 2024, after months of intense dialogue, the parties to the Tumaini Initiative reached a consensus by initialing about eight protocols pending to be signed on D-Day. Notably, the historical day of initialing these protocols ignited hope and happiness among South Sudanese who are yearning for peace and justice.
Nonetheless, while the South Sudanese were rejoicing over the progress and momentum gathered in the Tumaini Initiative, the government changed goalposts and subsequently withdrew its delegation arguing that the Tumaini Initiative should be annexed to R-ARCISS. Consequently, this debate over the annexation of the Tumaini Initiative brought the negotiation and the overall mediation to a halt abruptly.
The government delegation bears the burden of proof
The negotiation of the tripartite opposition which gave birth to the initialed protocols means that they partly rested their case unless otherwise. The ball however shifted to the opposite side of the new government delegation that happened to be the complainant by virtue that they were feeling uneasy unlike the opposition, which still kept their admiration for the agreed protocols.
On 4 December 2024, the peace partners and parties to the Tumaini Initiative resumed negotiation in a colorful ceremony held at Glee Hotel, Nairobi. In light of this exciting relaunch and resumption of the peace talks, the onus for the burden of proof lies with the government delegation that called for a fresh negotiation. Also, the relaunch and resumption of the peace talks indicate that their demand for renegotiation had been granted. It is incumbent upon the government delegation to communicate and convince the opposition and the country what they think is the way forward different from the -ARCISS signed six years ago.
The new government delegation led by Presidential Advisor General Kuol Manyang Juuk, Petroleum Minister Puot Kang Chol, and National Democratic Movement Leader Dr. Lam Akol Ajawin have a moral and legal duty to persuade the co-mediation, international community, and the opposition fraternity on what is wrong with the eight initialed protocols. Of course, their 40-member delegation will first be educated on the aforesaid protocols before they can table their reservation to each of these protocols.
The mediation is a causa judicial process in which the complainant tells his or her complaint before the presiding entity after which the respondent can be granted the right of reply. In this case, I think the government delegation is the complainant who is expected to talk and table its presentation first before the opposition delegates can come in to present their comprehensive response exhaustively.
In May 2024, it was the opposition’s turn and duty to provide proof accompanied by a practical way forward which they did, by agreeing and initialing eight protocols namely Protocols on Trust and Confidence Building, Permanent Ceasefire and Security Reform, Communal Conflicts and Armed Civilian Conflicts, Guarantors, Justice Sector Reform and Accountability and Permanent Constitution-making process, and Economic Recovery and Financial Management, et cetera.
Socrates, one of the fathers of philosophy said “What I know is that I don’t know anything.” This dictum later became the basis of Socrates’ vast knowledge of many things about the world in which we live.
In view of the foregoing, I would like to encourage the new government delegation to embrace humility by ‘listening to know’ and not ‘listening to respond’ considering that the Tumaini Initiative is not a shouting match but rather a place for Pan African leaders to reason and talk positively on behalf of their people and the country as a whole.
The concept of chest-thumping and I know-all should not apply here because it will drag the mediation contrary to the 6 November Communique of President William Ruto and President Salva Kiir, who gave a two-week timeline to complete the process in accordance with the wishes of our impoverished citizenry that are praying for a speedy conclusion of Tumaini peace process.
When the nation is faced with trouble, it is the outsiders and not insiders that see the positive exit from the crisis. In this case, there are high chances that the opposition or outsiders have a clear view on how the country should be rescued from its perennial failures.
Nonetheless, in as much as the opposition groups believe that the eight protocols are panacea to South Sudan’s problems, they should also open their minds and hearts to new ideas from the new government delegation. By exercising this accommodative and educative attitude and approach on both sides of the mediation, the parties can easily ascertain a compromise and win-win solution which is compulsory in any mediation process.
The writer is the National Chairperson of Legal and Constitutional Affairs of the South Sudan People’s Movement (SSPM). He can be reached via eligodakb@yahoo.com
The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj.