By Dak Buoth Riek-Gak
24th February, 2024. This February 2024 marked the 1st Anniversary of Illegal Deportation and Illegal detention of Political and Human Rights Activist, Morris Mabior Awikjok; a patriotic South Sudanese of about 35 years old. Mabior is a trained teacher by profession; born and grew up in Warrap State. He had a short stint in government where he worked as a civil servant, before he became a political and human rights defender, necessitated by failed leadership characterized by runaway corruption and rampant abuse of basic human rights and democratic principles.
According to the latest human rights report entitled ‘‘Entrenched repression: curtailment of the democratic and civic space in South Sudan,’’ Morris was a fierce critic of South Sudan government. Given the shrinking civic and political spaces at the time, Mabior found it difficult to live and operate in South Sudan. By then the police and the National Security Service (NSS) were feared agencies with powers to arrest without warrant.
In 2021, Mabior fled into exile in Kenya, to seek refuge. While staying in Kenya, he continued to speak and write on the very many socio-economic and political problems befalling and bedeviling our society.
Nonetheless, he could still feel monitored and disturbed over his persistent criticism and activism by unknown persons, and thus prompting him to report the case, to relevance human rights institutions, including the Kenya national human rights commission (KNHRC).
As always, the government of South Sudan was still doing its usual practice of facilitating what is called ‘‘extraordinary rendition’’ of its citizens from different neighboring countries.
Status and abduction
During the period in which Mabior was staying in Kenya, he had a legal asylum status. Despite having this legally recognized status, he was abducted from his house on 4th February, 2023. This unlawful act was done allegedly by the Kenya police in collaboration with some rogue south Sudanese security agents
The human rights report launched on 5th October 2023 avers that, Mabior was abducted and taken from Nairobi to Juba by charter plane, and that on arrival in South Sudan, he was ferried to National security service headquarters in Juba. On 23rd September 2023, documented United Nations report indicates that Mabior was still in the blue house detention center, with information that he was severely ill.
Human Rights violation by Kenya Government
The abduction and eventual deportation of any refugees and persons possessing legal asylum status like Mabior is gross violation of the Kenya constitution 2010, Kenya international crime ACT 2008, and the Rome statute that makes deportation a crime against humanity.
As of now, the entire Kenyan legal framework is against the rendition of Morris, while knowing he would be subjected to serious political persecution including but not limited to torture and degrading treatment from the government of South Sudan.
The constitution of Kenya was being praised as one of the most progressive constitutions in the world simply because of its wide and elaborates bill of rights provided in chapter four. In fact, the Kenya constitution equally recognizes the international law as an integral part and parcel of it domestic legal order.
With that being said, Kenya equally violates the 1951 United Nations Refugee Convention that protects and prohibits any person, who because of well-founded fear and persecution, has ran away from his country of origin.
In addition, Kenya being a United Nations member state is obligated to respect customary international law principle of non-refoulement, which is against transfer of refugee at risk of torture and cruel treatment, to another jurisdiction, where s/he would face human rights violation.
This concept of non-refoulement is also provided in the 1984 convention Against Torture and other cruel and inhuman treatment, and the 1969 Organization of African Unity convention governing the specific aspect of refugee problems in Africa.
Lastly and importantly, Mabior deportation makes Kenya blatantly violates the Africa Union Youth Charter 2006, which in Article 21 (e) (f) decreed that state parties shall promote and protect the rights of young people living in the Diaspora; and that they shall encourage young people in the diaspora to engage themselves in development activities in their countries of origin. And thus South Sudan is no exception.
Human Rights violation by South Sudan
Mabior left South Sudan for Kenya on his own volition. He was not a fugitive like others whom the government perceived as an enemy for one reason or another. His opinion articles and writings are not illegal.
The fact that Mabior left South Sudan, and was irregularly rendition to South Sudan by Kenya does not exempt the government from following the law.
They say two wrongs does not make one rights. Therefore, Morris Mabior’s Illegal deportation and illegal Detention in South Sudan are not known to law.
The South Sudan transitional constitution 2011 (amended) 2015 provides in chapter two articles 19 and 24 the rights to fair trail, rights to freedom of expression as well as freedom of movement and residence. The detention of Mabior, without trail has no tangible basis in law, and therefore his one-year imprisonment is unlawful.
Way forward. Morris Mabior Awijkok is a political prisoner, who is being victimized by greenhorn political cabals because of his political opinions and allegiance to some politicians in Warrap state.
Mabior is innocent, for he was never taken to court and charged for any known offence. His accusers and captors should come out from hiding, by taking Morris Mabior Awijkok to court if they have a genuine case against him. And unless they presented him before competent Court, Mabior is innocent until proven otherwise. In view of the foregoing, I wish to states as follow;
1.That, I call on Morris Mabior to be release immediately and unconditionally because he is innocent,
2.That, I call on the local and International human rights organizations and patriotic individuals to file petitions and proceedings against the state, for the detention of Mabior is a complete denial and defilement of the constitution and the fundamental freedoms in the Bill of rights,
- That, I call on South Sudan and Kenya to release Mabior in spirit of the forthcoming 2024 Nairobi Peace Initiative under the mediation of President Dr. William Samoei Ruto,
- That, I call on African Union to hold Kenya responsible for violating the provisions of the Africa Union Youth charter 2006 that they ratified and,
5.That, finally I call on the Intergovernmental Authority on Development (AU) to hold South Sudan accountable, for unlawful detention of political Prisoner like Morris Mabior, who should have been release in line with the Cessation of Hostility Agreements previously signed, leading to the ratification of the revitalized agreement on the conflict in South Sudan 2018.
The Writer is a Lawyer and Human Rights Advocate, and he is the Chairman of the Senior Youth of South Sudan (SEYOSS), he can be reached for comments via eligodakb@yahoo.com
