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Permanent Mission of the Republic of South Sudan to the United NationsNew York

Statement by Ambassador Joseph Moum Majak N. Malok, Charge' d'Affairs A.I and Deputy Permanent Representative the Permanent Missionof the Republic of South Sudan to the United Nations, to the UnitedNations Security Council (UNSC) on the United Nations Mission in SouthSudan (UNMISS) and South Sudan Sanctions. New York, November 17,2016.

CHECKED AGAINST DELIEVERY

November 17, 2016Mr. President,

Allow me to congratulate you for the leadership of the Council thismonth and pledge our full cooperation during the remaining part of yourPresidency. I would also like to thank Mr. Herv6 Ladsous, Under-Secretary-General for Peacekeeping Operations, Ms. Ellen MargretheLaj, Special Representative of the Secretary-General for South Sudanand Head of UNMISS, Mr. Adama Dieng, Special Adviser of theSecretary-General for the Prevention of Genocide and AmbassadorFod6 Seck of Senegal, the chair of the South Sudan SanctionsCommittee, for their briefing.

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I would like to begin by expressing our appreciation to you and Membersof the Council for giving us the opportunity to share our views on theSecretary-General's letter of 9 November, 201 6, to the Security Council,and on his Report on the security and humanitarian situation in SouthSudan and the role of the United Nations Mission in South Sudan.

Reading these documents, there are allegations in the reports whoseaccuracy can be debated, but our intention is not to contest theseallegations but simply want the Council and all concerned parties to geta better understanding of the root causes of the problems in order todevelop appropriate remedies.

Mr. President,

South Sudan fully understands the driving motivation in the work of theUnited Nations, the African Union, and the Inter-Government Authorityfor Development and other international partners is the growing concernfor the security, safety, and general welfare of our people. We share thisconcern not only because we are the country affected, but alsobecause we are part and parcel of the United Nations and theInternational Community, and share the same moral values andnormative principles. We also remember, with deep gratitude, thesupport we received from the International Community for our liberationstruggle that led to our independence. The support we received fromthe United Nations and the international donor community for our newlyindependent country, which led to the establishment of UNMISS, is alsosomething for which, our Government and people remain deeplygrateful.

Mr. President,

The long struggle of our people that intermittently went on for half acentury before achieving our independence was basically a quest forthe ideals the United Nations stands for- peace, security, and the

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enjoyment of all human rights. In other words, it was a pursuit of universalhuman dignity. That being the case, we must ask ourselves why SouthSudan has suddenly descended into the current crisis.

To answer this question, the starting point must be that the objective ofrestoring peace and security, and addressing the humanitarian needs ofour people, is first and foremost the major concern of the people andGovernment of South Sudan: If we fail, it should be recognized that theexplanation lies, not in the lack of will, but in the limits of our nationalcapacity to respond. The conflict has intensified divisions among ourleaders and their people. We should, however be all aware that the crisisin South Sudan, indeed as in many other countries experiencing conflict,is a result of both internal and external factors. Rather than pointingfingers, we should all cooperate, realizing that we are in it together andin one way or another are all affected and share the responsibility for thecrisis.

Mr. President,

In the hierarchy of shared responsibility, we fully recognize what theSecretary-General has highlighted in his observations on the situationand that the primary responsibility to protect all citizens, withoutdiscrimination on the basis of their ethnicity or political affiliation, restswith the Government. We also acknowledge that it is the responsibility ofthe Government to provide humanitarian needs for its people. That is thecore of responsible sovereignty.

In the case of South Sudan, the critical question then becomes one ofstrengthening the capacity of the state to discharge these nationalobligations effectively, bearing in mind the principle that theinternational community has the complementary responsibility to providea state in need with supplementary assistance to meet its nationalresponsibility.

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It should be recalled that South Sudan was grossly neglected by thecolonial administration, and has been devastated by the long war thaterupted in 1955 a few months before independence on January 1, 1956.It should therefore be recognized that the country continues to lack thenecessary capacity to deal with the grave challenges in a robustmanner. These challenges emanate from both internal and externalfactors, particularly the continuing legacy of the long war betweenNorth and South Sudan. Both sets of causes require diligent efforts fromthe two countries and the international community to be effectivelyaddressed in a constructively dialogue.

Mr. President,

The necessary support from the world bodies to address theseinterconnected crises must strengthen the institutions whose primaryresponsibility is to protect the people. This support should be based on agenuine mutual respectful cooperation that does not infringe on thesovereignty of the Republic of South Sudan. It should also be premisedon the fact that there is an elected and legitimate Government in SouthSudan that fully represents the will of the people. It is, of course,undeniable that the country is now divided and that it is also theresponsibility of the Government, supported by the internationalcommunity, to restore the unity of the leaders and their people.However, nowhere in the world can a sovereign Government accept anarmed rebellion. As we have seen in comparable situations, it is theresponsibility of the international community to assist Member States tostop and eliminate armed rebellion against an elected Government.

South Sudan also agrees with the Secretary-General that inclusivity of allthe ethnic groups and political factions should be the desired objectiveas long as these groups adhere to the democratic principles and therule of law. The international response to our situation has, however,been characterized by a persistent tendency toward moral equivalency

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that does not apportion accountability for the crises, or recognize thedifference between the elected government and an armed rebellion. Itis important for the international community to identify those genuinelystriving to find workable solutions through legal institutions and thoseundermining the efforts to restore peace, unity and stability, particularlyby resorting to violence.

An example of this misleading tendency toward moral equivalency is thestatement in the Report that categorically asserts the lack of inclusivity inthe political process and the increasing feelings of politicalmarginalization among other ethnic groups, many of whom believe theGovernment is pursuing a policy of Dinka domination across the country.Rather than make an assertion based on presumed "feelings," aresponsible observation must look into the composition of theGovernment at all levels. It is a glaring fact that members of the Nuergroup and other smaller ethnic groups have always been wellrepresented at the senior levels of the Government and the army, andindeed, throughout the bureaucracy.

It should be remembered that the Dinka are the overwhelming majorityacross the country and their numbers cannot be minimized by anynotion of proportional representation. But although the Dinka are thelargest group in the country, South Sudan has over sixty ethnic groupsand there is no self-interested way any one group can dominate all theother groups. If anything at all, the Dinka national leadership has tendedto bend over backward not only to ensure the representation of allgroups, but also to counter any fears of Dinka domination. To assert theopposite is to be blind to the facts, stress the tendency to stigmatize onegroup and promote a self-fulfilling dangerous propaganda.

Mr. President,

As the popular saying goes, actions speak louder than words. PresidentSalva Kiir Mayardit in his commitment to peace, security, stability, and

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the general welfare of all his people has repeatedly demonstrated hisdetermination to end the crisis in the country. Far from promoting Dinkadomination, he promoted the unity of South Sudan by incorporatingNuer militias into the SPLA to the point where over 70% of the army isNuer. It is however, these former militias who became Riek Machar'srebel army. And yet, Nuer representation in the Government and thearmy remains significant, and the President has maintained hiscommitment to the policy of inclusivity.

We want to draw the attention of the Council to the appointment ofGen. Taban Deng Gai as First Vice President so that the peace process isnot held hostage by the absence of Riek Machar from the country. FirstVice President Gai is already demonstrating his commitment to movethe peace process forward. It should be remembered that he was asignatory to the initial security arrangement of the Machakos Protocol in2004 and his contribution to the liberation struggle is well known to thepeople of South Sudan. He was also the leader of the SPLM/A IONegotiating Team. Since his appointment as First Vice President, Gai hasbeen given full support by the President to implement the Agreementand through its established modalities, address the grievances of ourpeople.

While there is no intention to exclude any citizen from the politicalprocess, there is no justification, locally or internationally, to support RiekMachar's continued armed rebellion against an elected government. Itis a misleading assumption to assert, as the Report does, that RiekMachar "retains significant political and military support." The implicationis that this support is from the Nuer community. But in addition to TabanDeng Gai's role as First Vice President, and a number of other Nuers inimportant positions in Government, significant numbers of the Nuerethnic group fled into Dinka areas and are living peacefully with theirhost Dinka communities. There are of course genuine grievances amongmembers of various groups, including sections of the Dinka that need tobe addressed. The Government is however committed to correcting the

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differences among groups, some of which go deep into the history ofinequitable development in the Sudan and now South Sudan, but thisshould not be confused with the tendency of political entrepreneurs toexploit ethnic politics.

We must acknowledge that recognizing the efforts of the Government isa source of encouragement to continue positive reforms, whiledisregarding these efforts can be a disincentive, in addition to Gai'sappointment, the President recently made several decisions byRepublican Orders: one instructing the Ministerial Committee of theTransitional Government of National Unity charged with implementationof the Joint Communique' and resolution 2304 (201 6) to expedite andcomplete its work within 14 days and the other establishing aHumanitarian High Level Oversight Committee led by the Minister ofCabinet Affairs to work towards removing all impediments affectinghumanitarian operations in the country. The President also established byRepublican Order a National Planning Committee, chaired by theMinister in the Office of the President, to enhance the security andproduction of oil, launch infrastructural projects, and stimulate externalsupport. As these entities are intended to address the relevant aspects ofthe crises confronting the country, their active coordinating role shouldbe recognized and respected by our international partners to ensuremore effective partnership in providing assistance to the country. Closepartnership with existing Government institutions is crucial not only toachieving positive results, but also to enhancing the capacity of theGovernment to be more effective in the delivery of vital services to thepeople of South Sudan.

Mr. President,

Permit me now to comment on two other issues that have been ofconcern to the International Community and considerable debaterecently: the proposed Regional Protection Force, and the formation ofa Hybrid Court. Both proposals have been accepted by the

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Government of South Sudan. It must, however, be recognized that thereare significant challenges associated with both the Force and the Courtthat should be constructively addressed.

The Regional Protection Force should be approached cooperativelywith the active engagement of the Government of South Sudan and ina manner that reinforces and strengthens the command and control ofour armed forces and respect for the rule of law. Internationalinvolvement should be a supplement or reinforcement, rather than areplacement, to the Government's efforts to protect its own people, inaccordance with its national responsibility. The Hybrid Court should alsobe seen as complementary to the national judicial responsibility forjustice. In that connection, it must carefully balance the quest for justiceand accountability with the promotion of peace and nationalreconciliation. For both the Protection Force and the Hybrid Court tosucceed, cooperation and constructive partnership with theGovernment are critical. As such, we have agreed to implement theAgreement of the Joint TGoNU-UNSC Communiqu6 of the 4th September2016 in the spirit of cooperation to advance peace, security, stabilityand reconciliation in our country.

Mr. President,

I would also like to comment on the proposed arms embargo on all theparties engaged in the conflict. Although the motive of this proposal as itaims to end the violence that continues to devastate the country, it isunfortunately another indication of the moral equivalency that does notdistinguish between a legitimately elected Government and an armedrebellion intent on overthrowing the Government. We continue to stressthat it is the responsibility of the Government to protect all its citizens anddefend its borders. To deny the Government the necessary means fordischarging that responsibility is to basically undermining its sovereignty,which is totally unacceptable.

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Finally, much has been said about increasing violence targeting ethnicgroups and violations of UNMISS Status of Forces Agreement. Withoutchallenging the accuracy of these allegations, what should behighlighted is that they do not in any way reflect Government policy. It isnot deniable that incidents occur on the ground that responsibleauthorities may not be aware of and therefore, cannot be control onthe spot. It is however important that the Report of the Secretary-General documents specific cases where measures were taken byelements at the lower levels of the operational hierarchy in violation ofthe agreed guidelines, which, when brought to the senior authorities,were corrected. This further underscores the problems of capacity andthe need for capacity-building support from the internationalcommunity.

Mr. President,

To conclude, we recognize that our country is confronting severechallenges, and that our national capacity to deal with the crises isseverely constrained. We do need the complementary support of theinternational community not only because South Sudan is a MemberState of the United Nations, but also because the Government and thePeople of South Sudan are the beneficiaries of this cooperation.However, such cooperation should not in any way be at the cost of ourhard-won independence and national sovereignty. We trust that theUnited Nations and our international partners will respond to ouraspirations and concerns to promote constructive and productivepartnerships.

I thank you, Mr. President and Members of the Council for your kindattention.

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