Suspended South Sudan First Vice President Riek Machar’s party says the power-sharing government it is part of in the country will no longer be valid after he was indicted for treason and suspended from his position.
On Monday, Sudan People’s Liberation Movement-In Opposition (SPLM-IO) said the suspension of Dr Machar, from his post of the first vice-chairman of the coalition government is a breach of the 2018 peace agreement, and warned it could jeopardise key provisions on political and security provisions of the deal.
The group issued the warning after a virtual consultative meeting of its political bureau held between September 12 and 14. It said the events since Thursday violated several provisions of the 2018 peace agreement on the composition of the transitional government of national unity (TGoNU).
“The suspension of the First Vice President from the TGoNU is a grave violation which effectively brings the implementation of the Political and Security provisions of the R-ARCSS to a complete stop,” said the statement released on September 15, signed by the SPLM-IO Chairman and Commander-in-Chief Oyet Nathaniel Pierino.
Unlawful suspension
The statement said that the suspension violates Article 1.3 on the composition of the TGoNU; Article 1.5-10 on the structure of the TGoNU and Article 1.12; on allocation and selections of ministries and appointment procedures for ministers and deputies at all levels.
This followed the move by President Salva Kiir government to charge Dr Machar and seven others of with murder, treason and crimes against humanity, related to a March attack on a military base in Nasir, Upper Nile state, in which more than 250 soldiers died.
On Thursday, Justice Minister Joseph Geng Akech said Dr Machar and seven others had been formally charged with assault by the White Army militia under Dr Machar’s command.
Later in the day, President Kiir suspended Dr Machar from his post, along with Petroleum Minister Puot Kang Chuol, pending the outcome of the trial. There are more than 70 SPLM-IO members in detention, while others like Mr Pierino have fled to exile outside the country.
The SPLM-IO resolution says that the movement does not recognise the court process, and shall not take part in the politically motivated trials nor file any legal defence against members who are illegally arrested and detained in contravention of the Peace Agreement.
The movement has also hinted at the questionable legitimacy of the TGoNU following the suspension of Dr Machar “The government that was formed pursuant to R-ARCSS has collapsed; its structure, mandate have been destroyed, and the legitimacy has ended,” the movement said in a statement.
Dr Machar has been under house arrest since March 26, and his suspension and subsequent charge could push the country into a full-scale civil war, after the 2018 peace agreement—officially known as the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).
The UN Mission in South Sudan (Unmiss) has called on South Sudanese authorities to ensure that any legal proceedings against suspended Dr Machar and seven others meet international standards of fairness and transparency.
Unmiss spokesperson, Stéphane Dujarric, said that any judicial proceeding should adhere to international standards of fairness and transparency, with full respect for the rule of law and human rights.
