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Independence
To:
The Kampala International University Sudanese Students
Association and the Wider South Sudanese
Community in General
Abstract
It is no doubt that South Sudanese throughout the world are celebrating the birth of their own
sovereign nation today. Over the past years, however, the true ownership of the revolutionary
narrative has been hijacked by certain individuals and sections of the countrys ethnic
diversity. This has led to the subsequent marginalization of the vast majority of the other
ethnic groups. The government established in Southern Sudan during the interim period was
but a mere dramatization of this hijacked reality. Consequently, the core values of the
revolution which kept Southern Sudanese together irrespective of their diversities were
compromised, resulting into bad governance. This yielded resource mismanagement, unequal
ethnic and regional representation, continuous gender imbalance, and security lapses among
others. The independence being joyously celebrated today would not mean anything
significant if the new republic does not relive the core values of unity and ethnic cohesion
that characterized the decades of the struggle. Central to any reform must of necessity include
meaningful decentralisation and federalism, agricultural revitalization, and the inclusion of
women in public affairs. Public policies must now be geared towards promoting foreign
investment and an open and fair platform for political participation. Fiscal policies must
be pro-poor, involve pro-poor planning, promote pro-poor investment, characterized by propoor spending and pro-poor accountability. The new nation must build roads, including
much needed health and educational facilities among others. Until then, todays
celebration would be meaningless, and the emerging new nation might continue
being an exact replica of the Sudan it has triumphantly seceded from, bearing the same
odd conditions that initially led to the Souths revolt.
aturday, July 9, 2011 shall go down and remain in the history of mankind and South
Sudanese in particular as the day of independence for the long-sought-after and
overly-awaited Republic of South Sudan. It will forever be reckoned as the day in
which the people of South Sudan attained their own political sovereignty and statehood. It
Article written prior to 9 July 2011 in Kampala in commemoration of the South Sudanese independence
will, in this same footing, be remembered as the day in which the people of South Sudan
triumphantly chose to dismantle the political marriage between what was northern and
southern Sudan. It will now and forever symbolically represent the successful culmination of
our long walk to freedom. It is a rebirth of the South Sudanese polity; so that, behold, we are
politically born again. It is the day Southern Sudanese altered or abolished their union with
Khartoum in pursuit of liberty, happiness and other inalienable rights as endowed upon the
entire human family by its sacred creator. It is the birthday of this political bride known as the
Republic of South Sudan.
Another domain significantly constituting the cause of the war is that of unequal
development between the North and South. In colonial Sudan, most developmental projects
were concentrated in the North to the detriment of the South. After independence in 1956,
most regions of the country, including the South, hoped to see a change to the status quo.
They hoped the post-colonial administration in Khartoum would this time round pay attention
to and promote equitable regional development across the country in its entirety. On the
contrary, such hopes were all unsuccessful since the government that immediately took over
from the British and its successors further marginalized and underdeveloped the South even
the more.
According to Nyaba, central to this uneven development was education. He argues that
two distinct sets of educational systems evolved during the colonial era and continued
thereafter. In his argument, he says the South had no access to education facilities except
from Christian missionaries, who were as a matter of policy assigned the complete monopoly
of running the school system in addition to their Christian proselytization. The Christian
education given to Southerners stressed the separation of the state from the church, and thus
lacked the incentive for engaging in political activity which could challenge the authority of
colonial administration or the ones that came after independence. This particular educational
indoctrination ensured that Southern Sudanese did not participate in politics, and that anyone
seen practising political dissent was punished and dismissed from either the school or their
jobs. It is for this reason that Nyaba argues that the education system dispensed to South
Sudanese during the colonial rule and after independence retarded the evolution of their
national consciousness and awareness.
Northern Sudan, on the other hand, was not subjected to the same educational and
political indoctrination. The school syllabi that existed in the North were either secular or
Islamic in nature. In any such system, effective political consciousness or awareness falls
within the core of education. In addition, the Norths closer proximity to Egypt and the Arab
World meant that it was in fairly equal immediacy to Egyptian education, political awakening
and Islamic culture. As a result, so argues Nyaba, they acquired political skills in
organization, agitation and action, while adding in contrast that the South Sudanese
remained trapped in political backwardness. Despite this oppression, though, Southern
Sudanese political consciousness developed and continued to flourish day-by-day.
Within the unequal development causative, the provision of other public services and
developmental projects were formulated and carried out in a similar manner, one that
deprives Southern Sudanese of their legitimate right and access to the countrys wealth and
providence. Road, air and rail transport, for example, were accorded more government
attention in the North than in the South and other similarly marginalized regions. Hence, the
need for a revolution and indeed liberation - determined to improve governance and
enhance the respect for basic human rights and freedoms - grew more and more. To a large
extent, we were also encouraged in our protracted struggle by certain aspects of international
law, perhaps most notably the Universal Declaration of Human Rights, 5 which clearly argues
that the will of the people shall be the basis of the authority of government, and that
everyone has the right to take part in the government of his or her country.
Furthermore, differences in and observance of religion, especially in the early 1980s, is
yet another fundamental reason why a grassroots revolutionary movement, in the name and
form of the Sudan Peoples Liberation Movement/Army (SPLM/A), was formed to challenge
the Khartoum political establishment. While the North almost predominantly comprises
followers of the Islamic faith, the South almost entirely comprises Christians, with some
pockets of Muslims and followers of other religions. Over the years, however, ruling political
and juridical Khartoumers have been reluctant to work towards unity amidst this religious
diversity. Under a conventional and truly peaceful endeavour, the best practice would have
been the adoption of a secular state, one where the forces of religion do not form the basis for
or the means of jurisprudence and public policy. Accordingly, the adoption of Islam in
September 1983 as the state or official religion of the Sudan; and the subsequent
promulgation of Shariah as the supreme law governing the country, further aggravated the
call for a revolution by Islamic moderates, non-Muslims and especially Southerners and other
marginalized peoples. For peace and tranquillity to prevail in a society of religious
multiplicity, there must be religious tolerance by members of all groups. There must be
acceptance and appreciation of each other even as there might be differences in the tenets that
comprise each conviction. Therefore, for a particular religion to be singled out among many
as the official dogma governing society in general, and adopting its principles as the basis for
public judicature, is to segregate on an otherwise peaceful society and deliberately institute
hatred amongst its members while establishing strong foundations for a potentially
destructive conflict that would be unhealthy to the nation in general. In dealing with religious
tolerance and freedom of conscience, the Universal Declaration of Human Rights has a
wonderful helpful principle:
Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in teaching, practice, worship
and observance. 6
In addition, cultural variation between Northerners and Southerners also places the two
regions into two broadly distinct categories. In the main, Southerners practice the African
way of life whereas Northerners practice Arab culture. While the Southern culture is shaped
by Christianity, African religion and traditions, the Northern culture is influenced by Islamic
and Middle Eastern traditions. But above all, the tendency by the North to culturally and
linguistically arabize the South became an unwelcome move and strategy, and hence drew a
steadfast opposition from Southerners manifested through the courage and form of a
revolutionary military engagement.
Immediately after independence from the British colonialists, the Northerners sought to
redefine the Sudan as an Arab Islamic state. This yielded a negative identity effect amongst
the African Christian people of Southern Sudan and other parts of the country. According to
Fr. Hiiboro (2008), the South is socially, geographically, culturally, and economically
orientated toward the bulk of Africa south of the Sahara than to the Arab Islamic world. He
further emphasizes that the Souths ethnic communities, split by colonial borders, still
maintain their expanded family interaction. 7 Lokuji concurs with this analysis by arguing
that since independence, the GOS has denied being African, and has tacitly chosen to
portray Sudan as Arab and Muslim, preferring classification as a North African or Arab and
Middle Eastern nation due to its affiliations and associations with Arab Countries. The
redefinition by Khartoum brought a serious conflict of identity and belonging. It is for this
reason that Hiiboro thinks there was no genuine unity between the South and North,
therefore adding, in part, to the necessity for independence.
military elites, who could have done things differently for the sake of national unity or
cohesion led the country to this separation. It is them that led to this occurrence; it is them
that are to blame for not being conscious of the genuine and reasonable wishes and
aspirations of marginalized peoples in the Sudan. It is them that Northerners must hold
accountable if they deem it necessary to inquire into what went wrong in the Sudanese
political process that led to this breakup. There has been loss of national pride in the North
over the separation of the South. Indeed people in the North are bitter that the South broke
away. They wished in vain that the South remains part of the Sudan. History will blame or
hold them partly responsible for not having protested against the mistreatment and
marginalization of the South by their sons, daughters, brothers, sisters, mothers and fathers in
government. They should at least have had a say over the manner in which public affairs
were being run in Khartoum.
However, despite the independence of the South and the several years of military
confrontation, the ordinary citizen in the South is really a friend of their counterpart in the
north it was only the lack of proper oversight by politicians in Khartoum that really
inevitably led to this occurrence. Let our mutual understanding with the ordinary citizen in
the north continue to flourish even when Khartoum decides to stab us on the back. True peace
must be cultivated at all cost for the common good of our peoples.
Diagnosing Our Own System: Substantive Problems of Our Contemporary Polity Challenges of the New Republic
It is no doubt that with the advent of the Comprehensive Peace Agreement in 2005, a new era
was ushered into the Sudanese political process. Undeniably, that period created a mark on its
own right in the pages of history. It led to the establishment of a semi-autonomous
government in Southern Sudan, a somewhat fifty-fifty share of the oil revenue with the
North, the maintenance of the SPLA as a separate national army of the Sudan, and above all,
the opportunity and right to conduct the referendum on independence among others. Over the
past years of the peace accord, a number of developmental endeavours were conceived,
instituted and implemented by the Government of Southern Sudan under the presidency of
our current leader, General Salva Kiir Mayardit. Considering where we initially started, there
have been considerable advancements in the sectors of education, health, security, trade,
social life, telecommunications, employment, as well as road and air transport among others.
Nonetheless, there are still what I would rather refer to as substantive problems of the
Southern Polity, or now perhaps even most appropriately, challenges of our new republic. In
my humble opinion, these include; but not entirely limited to; the fundamental issues alluded
to below:
First and foremost, there is the substantive grand challenge of bad governance. When the
Government of Southern Sudan was established in 2005, it was highly hoped that governance
in the South would be reformed so that it becomes one that truly mirrors and subsequently
represents the wishes and long-sought-after ambitions of the people of Southern Sudan. The
CPA, the Constitution of the Government of National Unity, the Constitution of the
Government of Southern Sudan and the ten state constitutions of the South all had in their
pronouncements articles and clauses that concern the betterment of governance. Despite these
legal frameworks, however, there have been significant practical shortcomings within our
polity.
Our decentralisation policy, for example, has very serious loopholes, as it falls short of
encouraging citizens participation in politics, nor has it led to the establishment of local
governments whose actions mirror the interests of their respective local populations. The
essence of decentralisation in governance is the effective devolution of powers from the
central government to lower level units far away from the centre but closer enough to the
citizenry. It is supposed to encourage democratization within a political system and especially
within the grassroots level. But because up to this day the political leaders at the local level,
namely the boma and payam administrators, the county commissioners, and to certain extent
the state governors are but appointees of the central government, our decentralisation policy
has not achieved its fullest credible meaning. As a result, the institutions of local government
in our polity have remained deconcentrated units of the central government that almost have
nothing similar or related to the notion of decentralization. Of course, an individual reading
this treatise might argue that deconcentration itself is one of the forms or manifestations of
decentralization. But even then, the status of deconcentration as a representative form of
decentralisation has often been disputed as it lacks the inner characteristics of
decentralization. It is to that effect that politicians and academicians alike often regard
devolution (the complete transfer of some political, administrative and fiscal powers from a
central to a lower level government closer to the citizens) as the truest and only representative
form of decentralization. It is this typology that will work in our context. It is this typology
that is enshrined in the spirit of our supreme constitution.
There is ambiguity in our political system, especially when analysed in view of the
federal school of thought. While certain aspects of federalism have been adopted, such as the
division of the country into states headed by governors, it has not positively transformed
governance. While we envy some of its characteristics, we have not yet formally adopted it.
Problems emanating from this critical lack of clarity are most likely to militate against the
reputable working of governance processes in the new republic. The current pseudo-federal
policy is not only ineffective, but also does not represent a federal system in any significant
way. It is not real and it is deceptive. In both classical and modern political thought, a federal
system is one where a sovereign state is divided into semi-autonomous regions (provinces or
states), and each state is constitutionally obliged to establish its own administration without
interference from the national government. Each state administration manages the affairs of
its own territory under the guidance of a state constitution that is legally a part and extension
of the supreme (or national) constitution. Its broad array of duties also includes the
maintenance of law and order in the state by having the state police force responsible to the
state authorities. The military, however, remains under the control and political command of
the national government. In such a system, the state administration comprises all the three
arms of government, namely the executive (headed by a popularly elected but not appointed
governor), the legislature (headed by a state parliamentary speaker) and the judiciary. Here,
the executive branch of the state government comprises all the ministers of the state
ministries. The state legislature, among other duties, is responsible for law and policymaking
in the state and its parliamentarians are directly elected by the voters in their respective
constituencies or electoral colleges. In this system, any popularly elected representative, be
they the governor or state parliamentarian, cannot be removed from office except only by a
vote of no confidence by the legislature of that respective state and not by any member of the
executive in the national government. In other words, not even a popularly elected president
can evict a state governor, parliamentarian or dissolve a state parliament or cabinet. The
jurisdiction of the presidency does not include the removal of popularly elected state
representatives. Hence, our national constitution lacks democratic clarity and respect for the
legality of administrative boundaries.
Another governance challenge concerns itself with the lack of willingness to encourage
political pluralism, in enhancing the role and wellbeing of political parties, be they in the
opposition or in government. Despite our desire at all levels for democratic political reforms,
a culture of political pluralism is yet to be cultivated and nurtured. We have not yet
developed the will to accept as normal and healthy the existence, role and active participation
of multiple political parties in our polity, whether those in opposition or aligned to
government.
Secondly, there are also substantive problems within our public service - that sector
which concerns itself with civil governmental employment. I would like to venture into a
brief explanation of how our public service came to be in the condition described above. The
agony, so to speak, started right from the time when the movement formed what were
referred to as the secretariats. These were the ministries performing the duties of public
service during the war. There were secretariats for finance, commerce and supply,
cooperatives and rural development, and so on. The ministers who headed those secretariats
were referred to as commissioners, and were all SPLA military commanders. When they
were appointed by the late Dr John Garang, they had in their utmost discretion the
appointment and management of all their respective secretariats. They solely chose
whosoever were to be undersecretaries, directors and all the other key positions in their
respective ministries. Those who immediately found favour in these lines of appointment
were those closest to the commissioners, and mostly included bodyguards and other closer
military personnel.
But as it was often the case, military commanders usually surrounded themselves with
their own relatives as bodyguards, adjutants, and other military personnel of immediate help.
Thus upon their appointment as commissioners to form the secretariats, these military
officials automatically established a form of public service based almost entirely on tribal and
semi-competent appointments. Because the qualification that really mattered was that of the
military, closeness and relation to the commissioners only, education and other sound
competencies or requirements did not play a part at all. When the peace accord was signed,
the public service workforce that immediately emerged in the Government of Southern Sudan
was but a mere transformation of names from the former secretariats to the current ministries.
Thus, for example, the former Secretariat of Finance and Economic Planning became the
Ministry of Finance and Economic Planning, the former Secretariat for Cooperatives and
Rural Development became the Ministry of Cooperatives and Rural Development.
Except in the names as I have explained above, the new ministries that emerged in 2005
were an exact maintenance of those same secretariats with roughly the same management
formation and nature. Even though some changes were done to these ministries over the last
six years, not much really transformed. Most of the changes were in the persons holding
ministerial portfolios and, in some few cases, those of undersecretaries. When the GOSS was
formed, the former civil service workforce in the South under Khartoum was dismantled, and
its occupants were demoted, retrenched, or forced by unbearable conditions to resign. It is
with humble respect that I rather beg to say the truth about the unrepresentative nature of our
public service. For when the movement was started on 16 May 1983, most of the members of
the two battalions that initially rebelled comprised mainly of individuals from greater Upper
Nile and Bahr el Ghazal, and were hence not balanced on regional basis. With the concern of
seniority and protocol often high in the military, the same found their silent way into the
political and social sphere of contemporary Southern Sudan. As a resultant effect, the shadow
ministries that were formed during the liberation struggle, including the leadership and their
personnel, sadly came to be characterised by this unbalanced aspect, namely the domination
by a particular section of our ethnic diversity. On a rather sad note, the same public service
we have today is an exact replica of those same conditions.
Thirdly, another substantive problem in our contemporary polity is that of insecurity and
the growing culture of impunity among those who consider themselves to be the countrys
nobles. Within the insecurity point of view, there is the problem of the Lords Resistance
Army (LRA), the renegade General George Athors faction and other militias opposing the
government and people of the new republic. On the other hand, the new republic will
continue to face the growing culture of impunity among its elites that is preventing the
Government from upholding the rule of law and the maintenance and furtherance of peace.
The Human Rights Watch has identified inter-communal fighting, abuses by security forces
and weakness in the rule of law as some of the reasons for the growing culture of impunity
within our system. 8
Fourthly, our new republic is also faced with the challenge of gender imbalance and a
culture of low attitude towards women and their role in society. From schools to colleges and
universities; from the police and army to civil service; from politics to international relations
and diplomacy, our women are significantly marginalised.
Sixthly, there is the growing countrywide dependence on foreign food supplies.
Immediately following the signing of the peace agreement, most farmers left cultivation for
better lifestyles in urban centres, leading to decline in domestic food production. In addition,
the return of Sudanese refugees and internally displaced persons back to their areas of origin,
coupled with the large influx of foreigners, further led to food insufficiency. In turn, South
Sudan has become a dependant country on foreign food production even when we have some
of the most fertile and arable lands on planet Earth with sustainable rainfall and other sources
of water all year round.
Seventhly, the challenge of no or poor infrastructure will significantly derail the efficacy
of governance in the new republic. The successful working of any system depends in part on
the health of its constituent parts, inputs and subsystems. The insufficiency of sound
transport, communications, agricultural, educational and other similarly important facilities
will until established negate on the performance and image of our polity.
Eighthly, the Republic of South Sudan is faced with the challenge of instituting
appropriate control mechanisms to combat the seemingly increasing mismanagement of
public resources, the practice that has been responsible for denying the provision of social
services to our impecunious citizenry.
10
been thoroughly assessed and generally agreed upon by most citizens and stakeholders
concerned. Practically, this means that our executive arm of government must only take
major decisions after they have been debated and passed by parliament, i.e., they should be
taken for implementation after soliciting popular support.
Secondly, good governance is participatory in nature. It involves the participation of
civil society, stakeholders, and even opposition political parties in decision-making. This
means that leaders or political parties do not take decisions alone; but participate together
with all stakeholders in making and implementing decisions. Of important concern are the
citizens, who should participate in public decision making by way of elections, referenda; or
better still, through their representatives in parliament, or in civil society groups.
Thirdly, good governance is bound by the supreme law governing a country that is, it
follows the rule of law. Good governance promotes the observance and respect for legal
jurisdictions. It recognizes and upholds the limits within which administrative processes must
function and beyond which they cannot. It respects peoples civil liberties religion, privacy,
life, etc. - as purely individual matters. In the courts of law, for example, offenders are judged
according to the constitution and not in accordance with any emotional feelings of the jurists
or political influence by those in power. When our new republic practices good governance,
all of us get equal treatment before the law, and elements such as ones tribe, ethnicity,
political affiliation and the likes become permanently absent in influencing the direction of
justice. Indeed good governance within our polity would uphold that, all South Sudanese are
born free and equal in dignity and rights, endowed with reason and conscience andact
towards one another in a spirit of brotherhood. 10 Further commentary on this matter is
discussed below in recommendation 4 entitled, Encourage the Rule of Law and the Respect
for Human Rights.
Fourthly, good governance is one that is effective - able to set goals, mission and
objectives and achieve them within meaningful timeframes. This is especially in the area of
service provision to the public, such as education, electricity, healthcare, and security, among
others. In addition, it is efficient - one that minimizes wastage of meagre or scarce resources
for the benefit of the population in its entirety and, therefore, does not encourage a system
that illegally benefits some exclusive few to the detriment of the citizens in general. In
ensuring this noble course, it establishes regulatory frameworks that help monitor loopholes
in the system. Put in another expression, such an administration is one where there is no
corruption, but the existence of pro-poor service delivery. In order for us to effective and
efficient, the Republic of South Sudan must employ individuals with the requisite
qualifications who possess the appropriate ethical standards and background. Until we are
able to establish such a government structure, however, our system would continue to be
highly ineffective, inefficient and; at its best description; a sorrowful collection of
incompetent tribesmen who glorify nepotism and therefore have nothing civil to offer but the
private accumulation of public wealth and power for selfish individual and tribal
gratification.
Fifthly, good governance is characterized by the aspect of accountability. In such a
system, those in power become accountable to the citizens for the decisions, actions and
inactions they take. This generates a sense of responsibility in whosoever participates in the
administration of the country because any defaults will have to be answered, no matter how
long it may take, and no matter how dim the prospects for such a culmination might seem at
the time specific decisions, actions and inactions were done. For governance to be improved
in our newly found republic, our government and its officials alike should have to embrace
this aspect of good governance. Otherwise, the lack of accountability will continue to mean
11
that public officials persist to do things as they wish, continuously negating the popular
wishes and aspirations of the citizenry.
Sixthly, good governance is transparent in nature. This means that there is openness in
the making and implementation of policies in favour of the public in general; and so the
government does not hide anything from the citizens; or at least consents to telling the truth
when required to do so. When the new republic practices good governance, then there would
be transparency or honesty in all that it does, whether in entering into contractual obligations
with companies or in the manner in which public resources are used. This way, the South
Sudanese citizen would continuously become more and more aware of the performance of his
government, and would as a result have more say in how the nations affairs should be
managed by those in power. But as with accountability above, one could not certainly assert
that there exists a considerable degree of good governance until and unless there is
transparency in the manner in which government business is conducted.
Seventhly, good governance is responsive in nature. This means that the government
directs its decisions, policies or actions towards the achievement of certain interests or needs
of the public, and not based on the mere private motives of individual public servants. In
other words, good governance exists when the government is able to direct and succeed in its
policies and actions towards solving the problems faced by society or the public in general.
Being responsive in this sense denotes being able to respond to the fundamental needs of the
citizens so that their lives could be improved for the better. Until our public resources and
energies are directed towards the alleviation of poverty among our citizens, and; unless there
is a massive reduction in the embezzlement of public resources for the benefit of everyone in
the country by way of alleviating their anguish and destitution, good governance would be a
distant concept to our polity, deliberately not introduced by our politicians and technocrats
due to personal and sectional conflicts of interests.
Eighthly, any administration exercising good governance is equitable and inclusive in
both its practice and nature. In this endeavour, it observes even-handedness in the provision
of public utilities or services, as well as in the regional provision of appointments,
scholarships and investments, among others. Similarly, such government is also inclusive or
all-encompassing in nature. That is, it tries to bring in all necessary partners for effective
development and administration. It avoids such old-fashioned, absurd and ill-practices as
nepotism and/or favouritism. Such government believes in the spirit of teamwork and
networking, and avoids all sorts of bias regional, religious, political or otherwise that
might potentially jeopardize the success and good name of its operations. The Republic of
South Sudan must very much embrace the characteristics of equity and inclusion if it must
save the countrys already worsening image from further destruction, and indeed enroot and
sustain the very principles upon which the South Sudanese revolution and independence were
essentially promulgated. For the state to treat each citizen with equal concern and respect,
Ronald Dworkin 11 advises us as follows:
Government must treat those whom it governs with concern, that is, as human beings who are
capable of suffering and frustration, and with respect, that is as human beings who are capable
of forming and acting on intelligent conceptions of how their lives should be lived.
Government must not only treat people with concern and respect, but with equal concern and
respect. It must distribute goods or opportunities unequally on the ground that some citizens
are entitled to more because they are worthy of more concern. It must not constrain liberty on
the ground that one citizens conception of the good life is nobler or superior to others.
12
Deduced from this analysis, and while drawing inspiration from the tenets of the American
Declaration of Independence, we must wake up to hold these truths to be self-evident, that all
South Sudanese are created equal, that they should all equally share the very same inalienable
rights endowed upon humanity by its sacred Creator, that among these are Justice, Liberty
and Prosperity. That to strengthen these rights, the government must always derive its just
powers from the consent of the South Sudanese masses, that whenever it is seen to be
inadequate in any particular capacity, it is the right of our people to ask those in authority to
modify it, and to institute a version that encompasses all amendments perceived to be
necessary, as to the new nation shall seem most likely to inspire and promote continued
wellbeing and liberty of its citizenry.
Figure showing a Summary Nexus of the Characteristics of Good Governance
Source: UNESCAP
Recommendation 2: Introduce Political Federalism
It is one of South Sudans most significant long-term historical expectations that the country
be made a federal state. In line with this ambition, and to promote genuine democratization,
it is highly recommended that our young nation permanently adopts political federalism. In
my opinion, the current ten states are enough, although should the region of Abyei later be
resolved in South Sudans favour, it may have to be made as the eleventh state. According to
Andreas Fllesdal (2003), 12 federal arrangements are seen as interesting solutions to
accommodate differences among populations divided by ethnic or cultural cleavages yet
seeking a common, often democratic, political order. Federalism will be good for South
Sudan because it will help foster peace, both by preventing war and preventing fears of war.
It will also promote economic development across the country, as the state governments
would have the powers to strategically plan for the growth of their regions, and employing
state resources for the furtherance of priority areas unique to them. Basing on the
philosophical arguments of Fllesdal, the introduction of a federal system would also protect
states against central authorities by securing immunity and non-domination for minority
groups in the country. It will also help maintain national unity or cohesion by bringing onboard minority and/or territorial based groups who might aspire to secede from the country.
The United Nations Economic and Social Commission for Asia & the Pacific
13
Our leaders at all levels must therefore urgently work to achieve this ambition, by
promulgating appropriate constitutional or legal framework to introduce and govern the much
expected federal policy. This requires that the government nullifies the current deceptive
pseudo-federal policy, which purports to take away powers and decision making authority
from Juba to the ten states. The expected federal framework must of necessity avoid
constitutional overlaps, or; put in a different context; prevent or effectively deter deliberate
and non-objective encroachment by the central government in Juba into the reserved affairs
and responsibilities of the states. This requires that there be constitutional clarity in the
boundaries of legal jurisdictions and respect for the existence of the state and central levels of
government. The recent elections, being the first in our country, are a good starting point,
which should in the immediate future be aimed at yielding popularly elected leaders for
popular governance, although it is advisable that county commissioners, including all payam
and boma administrators, be directly elected by the citizens rather than appointed or
disappointed at the mercy of state governors.
Nonetheless, now that the members of our state legislatures and governors are directly
elected by voters, it is no longer within the jurisdiction of the national executive or the
presidency to remove them. Because he no longer appoints them, he should no longer
disappoint them. If at all the removal of any such member becomes necessary, then the state
legislature should be objectively lobbied into considering whether or not to pass a vote of no
confidence against an elected individual. Alternatively, it should be the jurisdiction of the
national legislature to pass a vote of no confidence against a popularly elected state official,
or better still, the president may, but only on the recommendation of the national legislature,
evict any such official on democratically concrete grounds. This way, the constitution would
be able to guard the system and the nation at large from any personal bias against state
officials that might result from the actions of the presidency. Indeed it is one of the most
celebrated and accepted wisdoms of political science and conventional democratic thought
that a president does not have the authority for removing popularly elected state or local
government officials, except by a vote of no confidence in an appropriate legislature attended
by its requisite quorum.
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levels. The current practice of the policy is contrary to the conventional doctrine of
decentralisation and local governance which requires that local people freely elect their
representatives who serve them at various levels. The fact that political leaders at the county,
payam and boma levels are often appointed by state governors most often with significant
influence from the central government in Juba means that our decentralisation policy is not
comprehensive enough. For it denies our citizenry their very right of freely choosing whom
they want to represent them in their local governments. As witnessed in some cases, those
that are appointed as county commissioners are often individuals who have close personal
ties (and perhaps even similar interests) with their respective appointing authorities, without
even being cadres recognized by the local populace as being true champions of their genuine
interests and demands. Whilst in their unpopular tenure of office, such appointees usually
serve the state governors and other superior politicians rather than their local populations.
Their appointing governors and other senior politicians in their immediate association
become their constituencies and beneficiaries much to the exclusion and unjustifiable
detriment of the local masses. Yei River Countys agony under David Lokongas
commissionership following the signing of the Naivasha accord up to the year 2010 is one of
the best case studies eloquently illustrating the need for local decision over local political
leadership in our republic. **
Furthermore, one would like to emphasize, once again, that whatsoever the circumstance
and conflict of interests, our new republic and its administrators in various capacities must
always respect the wishes and aspirations of the citizens. The fulfilment of their interests
must often form the foundation for public decision-making and action. When they make their
choice on whom to lead them, whether in gubernatorial, parliamentary or other elections,
their decision must not be tempered with. It must not be suppressed in favour of personal
interests, connections or propaganda. The supremacy of their choice and interests must be
upheld at all cost, by all means and by all individuals regardless of suppressive forces.
More so, our decentralisation and local governance policy must emerge to encourage
more citizens participation in politics. In addition, it must be able to institute constitutional
term limits for office bearers at the state, county, payam and boma levels so that an interplay
of different actors is achieved and consistently maintained in the administration of public
affairs at all levels. Any seemingly undemocratic aspect of our constitutions that discourages
our democratic ambitions must be reviewed and rectified. Until then, however, the practice
and policy of decentralisation and local governance in our republic would even continue to be
less of a mere shadow of what we actually need and rightly deserve.
Recommendation 4: Encourage the Rule of Law and the Respect for Human Rights
The new Republic of South Sudan is born into an environment highly filled with a culture of
impunity and gross human rights violations. Henceforth, one of its fundamental reforms
would be to augment the respect for the rule of law. It has to specifically focus on getting rid
of the culture of impunity among its security forces, notably the police and the army. In this
same respect, the new republic also has to undo the growing culture of cattle rustling among
its pastoral communities in the greater regions of Upper Nile and Bahr el Ghazal which have
since time immemorial been engaged in deadly illegal exchange of livestock. This practice
**
At one point, Commissioner David Lokonga ordered the unlawful arrest and detention for several days of all
the chiefs in the county. They were only released after mounting pressure on the Central Equatoria State
governor from the youth, the citizens and local opinion makers in Yei.
15
has often led to the death of hundreds of innocent civilians, including women and children,
and has sometimes led to massive displacement of communities from their places of usual
residence in the search for harmonious living.
Deducing from this problem as I have explained above, it should be the prerogative of
the new republic in Juba to take into its utmost concern the upholding of the rule of law, the
reduction in the culture of impunity among the armed forces and the overall respect of
peoples human rights across the country. Until we are able to achieve such a peaceful South
Sudan, our post-independence government would still be bearing the same old, odd and ugly
image that has characterized and defined it since the establishment of its former predecessor,
the Government of Southern Sudan. It is therefore very imperative that all those in
government, especially politicians and security officials, take it sacredly upon themselves to
change the way things are handled in this country. Conventional thinking today emphasizes a
very intricate link and interrelatedness between the respect for human rights and
development. It is often not easy for true sustainable development to be taken without the
emphasis for human rights at all levels. For this reason, the way people (both Sudanese and
outsiders) view the prospects for sustainable peace and development in South Sudan would
very much depend on how our new republic refurbishes itself in view of the conventional
wisdom relating to the respect for peoples human rights and civil liberties. It is therefore in
good faith that we beseech President Salva Kiir Mayardit to pledge all his strength and every
power in his office and personality to ensure the attainment of good governance and
democracy in this destitute peace-thirsty young nation whose overly-awaited inaugural birth
we finally celebrate today.
Recommendation 5: Promote Gender Balance and Girl-Child Education
The new republic must emerge to promote the active participation of women in public affairs.
Achieving this will require that we employ both women and men in all sectors of public
service, including the army, the police, the judiciary, the national security service and the
legislature, as well as in entrepreneurship and in education. It also requires the election and/or
appointment of women into political positions: as ministers, as members of parliament, as
state governors, as county commissioners, and as ambassadors, to mention but a few.
Uplifting women in our societies would also primarily entail the promotion of girl-child
education across the new nation in its entirety. It means the enrolment and retention of female
learners at schools and colleges, and the discouragement of forced and early marriages. It
entails preventing, by way of appropriate and enforceable policy frameworks, cultural or
traditional practices and believes that undermine womens progress and participation in
public life. In his take on women emancipation, Tajudeen Abdul-Raheem has this to say: 13
Therefore general public education and mass awareness must be sustained at various levels.
This will not just be about laws but also confronting certain received wisdoms, and cultural
and social practices that encourage violence against women and disempower them from
voicing their pain, let alone seeking legal redress.
In the quest to achieve this, the new republic must institute suitable punitive measures against
men and boys who abuse or undermine women and girls. Policies must necessarily encourage
gender-diversity and gender-sensitivity in the home, the school, the church and at the
work place. There must be equality in pay for equal work done irrespective of ones sex. The
government must discourage and punish rape, and enlighten or sensitize communities against
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the abuse of women and girls so that a culture that is positive towards them and their
participation in society is cultivated and maintained throughout the country. The attainment
of such state of social affairs would very much promote the chances of and the call for good
governance in South Sudan, and instil in our populace some of the most fundamental tenets
and roots of democracy.
Now that there is a republic of our own, and management by individuals from within us,
there is an urgent need to help propel the role of our women into greater heights in society.
Until then, the fruits of the peace and independence that we are celebrating today would
mostly be enjoyed by men, much to the impairment of our other highly significant half. If the
current status quo continues, there would not be a meaningful peace of diversity inasmuch as
feminism is concerned.
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18
and when necessary. This way, the government would be able to part ways with current
factors such as nepotism, favouritism and corruption - which grossly negate the
establishment of such a system of efficacy. To paraphrase Bill Clinton (1993), 15 a society
prospers when its political and other forces indulge in peaceful competition among
themselves. 16 To uphold such a smaller technocratic government, those in position of
authority should not only respect it, but must themselves be subject to continuous legal
scrutiny to ensure compliance. Failure to ensure such a system would cause us to drift astray,
eroding our resources, fracturing the growth and wellbeing of our yet developing economy
and shake our confidence in working and upholding ourselves as a united people. Like
Clinton said, we have to face hard truths and take strong steps.
Meanwhile, the International Crisis Group (ICG) 18 gave us South Sudanese yet another
brilliant peaceful advice. It hinted that critical decisions taken now and immediately after
independence would define the health and trajectory of democracy in the worlds newest
state. It emphasized that the degree to which the Souths ruling SPLM allows an opening of
political space in which a vibrant multi-party system can grow and the will to undertake
democratic reform within the SPLM, as intra-party politics continue to dominate the political
arena in the near term [or future] would shape the coming post-independence transition
period more than any other. The ICG further stressed that:
embracing [political] pluralism now both inside and outside the [SPLM] party would lay a
foundation for stability in the long term. Failing on either front would risk recreating the kind
of overly centralised, authoritarian and ultimately unstable state South Sudan has finally
managed to escape.
19
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Southern Sudan. Nigeria should take conciliatory policies towards its region of Biafra and
other northern states, as should Kenya towards Mombasa, Uganda towards its northern and
West Nile regions, Ethiopia towards Ogaden, Morocco towards Western Sahara, China
towards Tibet, and Spain towards Catalonia among others. If any serious lesson must be
learned from the painful balkanization of the Sudan, it is that states must treat their integral
regions and peoples equally, that government, including its formation and functions, must
necessarily be based on the genuine and free consent of the citizenry, that the State must at its
best be secular, that there be an equitable distribution of resources, that there be uniformity in
the provision of infrastructure soft or physically and above all, that the poor man may be
able to find true solace in the work of his government and governors.
Conclusion
The nation whose creation we celebrate today is born out of a long and protracted
revolutionary struggle. Todays celebration is the culmination of very many long years of
hard-work, brought about by a remarkable multiplicity of actors, and not by the work of a
single individual or ethnic group. Our honest tribute must first and foremost be addressed to
the Inter-Governmental Authority on Development (IGAD), to East Africa, to the United
States of America and indeed to the wider international community at large for helping us
reach thus far. Efforts must now be strategically focused by our leadership at various levels
on rebuilding and consolidating national unity or cohesion. There should be no unfair
dominance of public affairs and resources by any particular section of the countrys diverse
ethnic composition. We must realize that our better future lies on our ability and willingness
to work together and foster better ties together. We should immediately embark on building a
culture of political pluralism, avoid unfair political and ethnic dominance, and encourage true
and genuine democratic reforms for the collective good of everyone in this newly found state.
The Government should focus on soliciting and promoting foreign investment, especially
in the exploration of natural resources. It should fight the endemic graft taking place in the
public service, and improve the economy, build roads, schools, hospitals and other
infrastructural facilities.
The SPLM and our political leaders should open up the political space for appropriate
participation and competition with other political parties, and promote the respect for
peoples human rights and civil liberties, including the freedom of expression and
association, and promote the rule of law in the country.
This way, we would be able to improve the livelihood of the common man. But, unless
these substantive reforms are made, the independence being celebrated today would be
meaningless for the vast majority of our masses. Our lengthy journey to independence does
not end here with todays festivities. It ends somewhere in the common mans being able to
have a better standard of living. It ends somewhere in our childrens being educated and the
youths being able to secure for themselves better jobs. It ends somewhere in the retardation
of the high child and maternal mortality rates. It ends somewhere in our being able to institute
and promote democracy. It ends somewhere in our being able to freely and willingly change
governments without resorting to war or violence should the citizenry deem it so.
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References
1
Igga, W. (2008): Southern Sudan: Battles Fought and the Secrecy of Diplomacy, 2nd Ed.,
Roberts and Brothers, Kampala, Uganda.
3
Nyaba, P. A. (2000): The Politics of Liberation in South Sudan: An Insiders View, 2nd Ed.,
Fountain Publishers, Kampala, Uganda
4
Hiiboro, K.E. (2008): Human Rights, the Church and Post-War Sudan, Paulines
Publications Africa, Nairobi, Kenya
8
The Human Rights Watch: South Sudan: Improve Accountability for Security Force Abuses,
8th February 2011.
9
United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP)
A paraphrase of Article (1) of The United Nations Universal Declaration of Human Rights;
for more information visit: www.un.org/humanrights
10
11
Dworkin, R. (1977): Taking Rights Seriously, Harvard University Press, in Hiiboro, K.E.
(2008): Human Rights, the Church and Post-War Sudan; Paulines Publications Africa,
Nairobi, Kenya
12
13
Abdul-Raheem, T. (12 March 2009): Ending violence against women, Pambazuka Press.
14
Abdul-Raheem. T. (19 March 2009): Corrupt leaders are mass murderers, Pambazuka
Press.
15
23
17
The Human Rights Watch: South Sudan: Improve Accountability for Security Force
Abuses, 8th February 2011.
18
International Crisis Group: Politics and Transition in the New South Sudan, Africa Report
No. 172, April 4th, 2011
19
See, for example, the public comments made by the then U.S. Special Envoy to the Sudan,
Andrew Natsios, published on the digital Sudan Tribune Website on 14 February 2007 titled:
South Sudan a potential breadbasket for Africa US envoy
http://www.sudantribune.com/spip.php?article20272 as accessed on 14 February 2007.
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