We, the Equatorian leaders in Diaspora (United States of America, Australia, Canada, and United Kingdom), speaking on behalf of our constituents and as stakeholders in South Sudan political situation, reject the Presidential order number 36/2015 AD issued by President Salva Kiir Mayardit on South Sudan Television (SSTV) on the night of Friday 2nd October 2015 for the creation of 28 states in the Republic of South Sudan.
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However, with regard to the major war-affected areas of the Greater Upper Nile region (Jonglei, Upper Nile and Unity States), the document suggested 53 percent to go to the rebels and 33 percent to the current government. It should involve The Council of States as stipulated in the Transitional Constitution of the Republic of South Sudan Articles 161 (3), (4).
President Kiir issued a decree on Friday creating 28 new states. Such decisions can not be made through an executive order.
Mr. Kiir cited several clauses in the constitution to back up his order, including one that calls for “the promotion of democratic principles and political pluralism guided by the principles of decentralization and devolution of power” and others that empower the president to oversee executive institutions and amend the constitution. “There is no article in the constitution which gives the president such powers”, said Abe.
It was not known what prompted the president to make the announcement.
(4) Names of states and their capital towns shall not be altered except by a resolution of the Council of States approved by a simple majority on the recommendation of the relevant State Assembly.
South Sudan has been devastated by a civil conflict since December 2013, when a power struggle between Kiir and his former deputy, Riek Machar, turned violent.
South Sudanese soldiers are pictured in Pageri in Eastern Equatoria State, South Sudan, August 20, 2015.
The Secretary General of the South Sudan People’s Liberal Party, Isaac Natali Luis, said Mr. Kiir should be concentrating on fixing the social and economic problems in South Sudan, rather than redrawing internal boundaries. The people of South Sudan have not been consulted on such an important and major issue of creation of new states.
The head of state further added in his concluding statement as he was leaving the podium on which he read out the order: “Now you have the opportunity to develop your locality, home villages, through the mobilization of your local and state resources…”
“The government has ordered there to be 28 states”, presidential spokesman Ateny Wek Ateny told AFP. He also flatly rejected the government assertion that creating more states is a step toward federalism.
President Kiir will appoint the governors and state legislative assemblies in the new states.
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The President can also issue further operational Orders for the new states if deemed necessary.
