Page 20 - Nile Explorer Issue 12
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Ladies and gentlemen,
          I am not raising these points to defend
          myself from what has been said since
          this process started, I am raising them as
          of way of sharing with you what I believe
          to be part of our problem.
          What you have discussed in the last four
          years and the resolutions you have come
          up with in this process will only serve our
          country, if we re-assess ourselves in two
          critical areas. First, we need to re-assess
          our tendency to readily accept external
          models that ignore our history. Secondly,
          we  also  need  to  examine  our  attitude   Delegates attend the closing ceremony of the National Dialogue Conference at Freedom Hall
          towards our laws and institutions.  on 17 November 2020. Photo: South Sudan National Dialogue Secretariat
          Since 2005, we have been falsely assured
          that templates of thematic experience of   constitution, which was violated because   This was done with total disregarded
          what  has  worked  for  others  will  work   of our attitude.        to traditional community ownership of
          for  us.  We  have  been  told  again  and   We forgot that the way we interact with   land.
          again to adopt these models by people   our institutions promote or retard their   The Second law was the Civil Transition
          who in most cases do not understand   development.  As  part  of  the  broader   Act of 1990, which also denied any
          our  context.  At  times,  even  those  who   reflection, let us look inwardly and work   recognition of customary land rights
          know our experiences cannot resist   to correct our attitudes towards how we   and asserted that the land in the country
          overlooking our specific history in the   relate with our institutions. I would also   belongs to Allah and the state was only
          quest for templates of what has worked   like to briefly say something about the   the inheritor. I am not sure how many
          in other countries. And when things   claim  the liberators  have monopolized   people among those championing
          do not go as planned, the same people   everything, including power. This   exclusive communal rights to the land
          turn around and blame us for nor   assertion is nor borne out by facts.  were this vocal when the two legislations
          implementing  what they  have  pushed   We have been inclusive politically since   I have just cited were enacted.
          with no consideration of our specific   2005. The SPLM/A from its start did
          context.                          not take up arms for personal benefit.   Sometimes, we need to reflect a little
                                                                               on our history before we decry certain
          I know we are all united in our aspiration   Revolutionaries do not exclude because   issues. Stopping a little to think on the
          for a democratic South Sudan, but   armed struggle itself entails death, and
          let us work towards this goal within                                 nature of some complains we make,
          our specific context. Any whole sale   no one is ever sure they will make it to   may tell us, perhaps today is better than
          adoption of any governance system as   the day of victory. Revolutionaries fight   yesterday. We are still committed to the
                                            for the people, including those who did
          advised by those seeking to import their                             principles we articulated on land issue
          model at the expense of our context will   not participate in the liberation. On the   in 2005, but that does not mean blanket
          be counter- productive.           charge to liberators’ monopoly of power   communal claims to land ownership
          No governance system can endure if it is   is the cause of our problems, there is   can be used to impede legitimate land
          not shaped by its political environment.   another view from those who fought   allocation for national development.
          Ladies and gentlemen, Most of the   in the war that what is affecting this   I believe all levels of government can
          failures that this national conversation   country is excessive political inclusion.  work jointly to ensure that communal
          has blamed on the SPLM leadership are   From these two contending positions,   ownership of land can co-exist with
          rooted in our attitude as a people.  you can see what we have been doing all   legitimate land development directed by
          I am going to speak about few issues   along is the balancing act between these   government. There is more to be gained
          raised in the opening of this conference   two positions. We chose to maintain this   if everyone works together on this issue.
          to illustrate my point on our attitude.   balance because this country belongs to   Ladies and gentlemen, I would like to
          Part of what determine progress in any   all of us.                  conclude my remarks by thanking you
          society is the attitude of its population   Ladies and gentlemen,    once again for making this conference a
          towards its guiding laws and regulations.   Let  me  also  say  something  in  passing   success.
          The laws in our books are comparable to   about the land issue, specifically on the   I would also like to wish you safe trip to
          what exist in other countries, but have   background why the SPLM negotiating   your respective areas across South Sudan.
          we really followed what these laws say.   team in Naivasha insisted on the position   Please  convey  my  sincere  greetings  to
          Has our attempt to enforce the law been   that land belongs to communities,   our people in your respective areas. As
          welcomed in certain quarters? Take the   which was the basis of the most quoted   mentioned earlier, the ideas brought
          2013 crisis, this crisis would have been   statement from late Leader Dr. John   forth in this conference will form
          avoided if we respected what the law has   Garang de Mabior on the same issue. The   greater part of our discussion on how to
          stipulated.                       SPLM demand on communal land rights   build strong South Sudan. Be proud of
          The elections were two years away and   was intended to guard against the effect   yourselves, because you have done your
          because of our poor attitude towards   of two Sudanese legislation on Land   civic duty. May God bless you all and our
          our institutions, some of us decided it   ownership, especially in South Sudan.   country, the Republic of South Sudan.
          was okay to attempt to take power when   The first law we were guarding against
          the mechanism we have adopted for   was the Unregistered Land At of 1970.   - His Excellency President Salva Kiir
          peaceful transfer of power was two years   This law stipulated that any unoccupied   Mayardit.
          away. The SPLM government created the   land belongs to the government.

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