Archive for March, 2013


Dear all, I am sharing with you my reaction to Dr. Lual A. Deng book, which I highly recommend to anyone who can afford it.

Thanks,

Book Review by James Alic Garang

Saturday, 30 March 2013

The Power of Creative Reasoning: The Ideas and Vision of John Garang. By Lual A. Deng. iUniverse, Inc., Bloomington, IN, 2013. ISBN: 978-1475960280. 240 pp. Paperback, $13.64. Personal Quality Rating: 5(1 = average; 5= outstanding).

Introduction

This book is an indispensable source of insight into the power of ideas, apprizing one’s historical heritage and how Dr. John Garang—after so many Southern Sudanese luminaries before him failed—managed to identify and channel the ubiquitous malaise in the old Sudan. The book is instrumental in providing an overview into the new Sudans and distinctive attributes the author calls Garangism.  In light of current democratization challenges in two new Sudans, the author argues that Garang’s way of thinking and ideas can help the two nations to succeed in overcoming their teething problems. In particular, the book calls upon the young, who make up seventy two percent of South Sudan, to aim higher to create “a new South Sudanese identity that is inclusive of all its nationalities” (p. 2). The author explains that Dr. John’s approach solves national complex problems through tracing our heritage to historical times, ancient or biblical, and by entreating universal values such as freedom, liberty and human dignity. The book’s first chapter affirms that South Sudan belongs to all, and that the young generation for which the book is written for are well placed to make it a vibrant nation; chapter two considers ten powerful ideas of John Garang; chapter three walks the reader through the concept of the New Sudan Vision; and chapter four concludes the book with brief shining moments of Dr. John as the Sudan’s First Vice President (FVP).

Author’s Background

Dr. Lual A. Deng is a distinguished development economist with training at Wisconsin- Madison, and extensive work experience with the World Bank and African Development Bank through the 1990s. In his long record of public service, Dr. Lual was a close economic advisor of John Garang, a state minister of finance, and the minister of petroleum for Sudan’s government from 2005 through 2011. Not only is Dr. Lual now a member of Parliament in South Sudan, he is also a towering giant involved in policy issues of the day and managing director of the Ebony Center for Strategic Studies in South Sudan.

Book Analysis

A notable characteristic of The Power of Creative Reasoning is that the author does not mince his words. The book calls a spade a spade. In the introductory chapter, he states “I set out to write this book with the main purpose of providing critical tools of analysis to the young generation of Sudanese (in the now two New Sudans) in their search for self-identity on the one hand and in understanding their historical heritage/legacy(commonwealth) on the other” (p. 2). The book’s forte lies in assembling plenty of tools for analysis, including the following ones:

First, a Venn diagram showcases the five Models in the Conceptual Framework of a New Sudan Project (Chart 3.1, p. 88). A quick glance tells the reader that Model 3 (Sudan as Islamic-Arab State) and Model 4 (hypothetical Sudan as Indigenous Secular African State) are unsustainable. Model 2 is a transitory phase (Sudanese Commonality: two-systems-one-country Model), while Models 1 (Transformed Democratic New Sudan) and 5 (Total Independence Model) of a New Sudan Project are the most stable equilibria. But because the CPA principals failed in making unity attractive, Model 5 became the fallback position, resulting into creation of two New Sudans.

Second, the author’s use of graphical aids proves a powerful tool of analysis. Figure 2.1, for instance, presents a dissection of the public sector spending by level of government (2005-2011), underscoring that for every $100 received; only $26 goes to states and $74 remains in Juba (p. 51). Therefore, “taking towns to rural areas”remains an empty rhetoric under GoSS.

Third, the book uses a policy matrix to drive home the meaning of Garangism, which is defined “as the pursuit of Sudanese commonality with conviction, courage and consistency” (p.2). Table 4.1 presents Dr. John’s Policy Matrix of Targeted Actions in 180 Days (p. 182). In his capacity as the President of GoSS and FVP of Sudan, Garang hoped to deliver water and power stations in each of the ten southern Sudanese states, modernize the SPLA, establish a hundred community resource centers (CRCs) in each state, and rehabilitate fifteen hundred kilometers of priority roads, among other tasks. After reading the book, one comes away with the conclusion that Garang had a vision for transforming south Sudan.

The fourth effective tool of analysis is the narratives and clear-cut examples that emphasize multi-tasking in liberation struggle. While the war was going on, Garang made educating the young a priority (example are the Lost Boys; FACE Foundation, p. 27), established governance structures in the SPLA-administered areas (Civil Authority of New Sudan), built an alliance with the NDA and tapped the power of Seven Front (p. 122). He hoped to turn tools of liberation into governance structures in peacetime. Along the way, the reader gets new information not revealed in other books before: Garang was not only occupied with the communist bloc, he was also strategically thinking and waiting for right time to embrace the West. One illustrative example, which speaks to the Diaspora role, is the recruitment of Commander Awet. The author “informs” the SPLA leadership about Lieutenant Colonel Daniel Awet Akot and Major Al-Tahir Bior Abdalla Ajak who were in the USA for one-year military training. They join the movement after training because “Dr. John felt the two officers risked the Reagan administration arresting and handing them over to the Sudan government if they were to leave suddenly before completing their courses” (p. 124).

Fifth, the reader gets to appreciate the values of Garangism—conviction, courage, creativity, and consistency—in action through this book, and how the 27-year old Garang conceived of the idea of the New Sudan in the 1972 letter written to Joseph Lagu. He never relented before and after his studies. When opportunity struck, Garang took up the responsibility and led his people until his unexpected departure. Meeting John Garang in 1974 and remaining in touch with him throughout their professional lives, Dr. Lual was an exceptionally close advisor of Dr. John. The reader will be spellbound with his account of behind-the-scene-advising and efforts put into governance structure (p.140) and the role of women in the liberation struggle (Table 3.3, p.146).

Sixth, the book does not shy away from highlighting our shortcomings or those of Dr. John’s leadership. His repackaging of message following the failed coup of 1991, the convention of 1994 and acceptance of peace through negotiated settlement indicates that Garang was a savvy politician who read signs and recalibrated when circumstances dictated.

Though the book admirably defends its thesis, many readers, in my view, will still conclude that Garang’s agenda (disarming the Janjaweed, triple objectives of sustained peace, economic growth, & poverty eradication, and constructing one thousand CRCs in South Sudan, among others) was too ambitious to deliver in 180 days. African post-independence nations are replete with many broken promises. How would Garang have prioritized in the face of governing realities? If Garang were alive, would those brief shining moments as FVP have convinced him and the entire nation that Sudan would have been better united than fragmented?

Another issue that leaves a reader with more questions is the assertion that Garang was assassinated, without elaborating or telling “Mabior’s generation” how to find out the culprits (p. 107).  Chances of identifying culprits behind his “mysterious death” diminish with time.

Finally, euphoria and expectations were high during independence in South Sudan on 9 July 2011. But with the governing challenges in South Sudan today, the world opinion is unequivocal: South Sudan is becoming a failed state on arrival. The question that comes to reader’s mind is: Did the disciples of Garangism, many of whom filled the current leadership, not internalize the teachings of John Garang, from taking towns to people to fiscal responsibility?

Recommendation

The author witnessed Moses (Dr. John Garang) govern, and as a Member of South Sudan Legislative Assembly, he is currently watching Joshua (President Salva Kiir) govern up close. He provides a very thoughtful account of the New Sudan Project, elucidating complex issues and rich in Sudanese heritage. Therefore, this book will be of particular utility to everyone, including the disciples of John Garang who seem to have forgotten his teachings, those yearning for the power of ideas in shaping our shared destiny, and those wanting to see good governance prevail in South Sudan.

James Alic Garang is a graduate student in economics at the University of Massachusetts, Amherst.

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THE CONSTITUTIONAL REVIEW PROCESS
AND
OTHER CONSTITUTIONAL ISSUES IN THE REPUBLIC OF SOUTH SUDAN
  
 
By Hon. Dr. Richard K. Mulla, MP (independent)
 Mundri Town, Constituency No: 1
Western Equatoria State
National Legislative Assembly
Juba -15th March 2013
 
 
THE CONSTITUTIONAL REVIEW PROCESS
AND
OTHER CONSTITUTIONAL ISSUES IN THE REPUBLIC OF SOUTH SUDAN.
A.      INTRODUCTION
In the ordinary sense a “constitution” is the collection of rules which establish, regulate or govern the government of a country. It is the instrument by which the government can be controlled.
The constitution is a living document, being the social contract among the people on how they would like their country to be governed.
Constitution making process therefore matters.  The claim is that the more open and participatory the process the better.
However, constitutions are frequently written in times of crisis and when passions are tightened. When such situations arise, there is need for interim arrangements to be made as opposed to full scale efforts to draft a new constitution.  The Interim Constitution of Southern Sudan 2005 is a case in point.
The Republic of South Sudan has an estimated area of 239,285 Square kilometers (excluding Abyei) and a population of about 8.2 million according to the disputed 2008 population census with various ethnic, cultural, linguistic, religious and other differences.
It is therefore the constitutional responsibility for the government of the New Republic to draft and enact a constitution which considers:
·        Fostering national unity
·        Developing national identity
·        Protecting human rights/ and minority rights
·        Strengthening democracy and the healthy functioning of good governance.
·        Promoting social and economic growth etc.
I have been requested to make a presentation on “the constitutional review process and other constitutional issues in the Republic of South Sudan”, incorporating the system of governance, the distribution of wealth, human rights, accountability and other related matters.
Although the scope of the presentation is expected to be very wide, I will try my best to cover as many issues of importance as possible within the given time limit.
 
B.      THE CONSTITUTIONAL REVIEW PROCESS
In any constitutional review process it is very important to consider the aspects of the mode of representation; the style of the constitution making process as well as the mode of ratification.
The mode of representation.
There are four modes of representation:
(i)                 The common method is for the Executive to appoint a Constitutional Committee or a variant thereof.
(ii)               In some cases it is the legislature that appoints the committee.
(iii)             It can also be by way of Constitutional Convention e.g. the delegates representing territorial units.
(iv)              By convening a National Conference (which is a large –broad based body drawn from all sectors of the society).
The style of constitution making.
One style is to make the process broadly open and participatory and the other is to make it exclusive and largely closed door affair.
The “open process” is where citizens can comment on the constitution making process and submit suggestions.
The “closed style” or “behind closed doors” scenario is where public consultation and public input is minimal.  This style is characterized by personalized negotiation and potential horse trading.
The mode of ratification.
Ratification can either be by political elites e.g. the state executives themselves or by a mechanism which involves a popular vote by the citizens through a referendum.
The midway solution is where parliament or the Constitutional Court approves the constitutional draft.
The Interim Constitution of 2005.
This constitution was drafted by a small body that was not really representative of the country’s political landscape.  It was appointed by Late Dr. John Garang de Mabior (then Chairman and Commander in chief of the SPLM/SPLA) towards the conclusion of the Comprehensive Peace Agreement and as was agreed during the agreement. That constitution suffered under severe time constraint and the process lacked transparency.
The Transitional Constitution of 2011.
After the Comprehensive Peace Agreement in 2005, passions had diminished and it would have been possible to address the constitutional review process in a more logical manner and thereby increase the possibility that the eventual product would create a frame work for an accountable government.
 The first Constitutional Review process started in 2010 with the appointment of the “Technical Constitutional Review Commission’ which was appointed by President Salva Kiir Mayardit “to make the Interim Constitution fit for succession”.
The Transitional Constitution was not really necessary because the Interim Constitution of 2005 would have out lived the period as can be seen from article 208(7) of the said constitution:
“If the outcome of the referendum on self-determination favours succession, this constitution shall remain in force as the constitution of a sovereign and independent Sothern Sudan….”.
Unfortunately the Commission at first comprised 23 members from the ruling SPLM party and one opposition member.  Later 12 other members were appointed from the civil society and academicians following a public outcry.  AS if what had been done was not enough some additional members were also appointed from the same ruling party to make a total of fifty members.
The draft was directly presented to the President and the cabinet where it was suspected that there were some few minor changes.  There was no official record of the proceedings.  It is clear from the above explanation that the Technical constitutional Review Commission was convened and its composition changed without an appropriate legal basis.  This conclusion was made possible because according to section 103(2)(K) of the ICSS, the President has the power to appoint adhoc Committees and Commissions.
However, the normative, political, and symbolic importance of drafting a constitution commands that the body designated to perform such a noble task be created by law.
The Permanent Constitution.
According to Article 202 of the Transitional constitution, 2011 (hereinafter referred to as (TC), the President was to establish “The National constitutional Review Commission” within six months from the date of signing the TC, (i.e.9/7/2011); meaning the appointment should have been done by  9/12/2011.   As it were the members of the Commission were to be appointed by the President after consultation with political parties, civil society and other stake holders.  The President was also to issue the terms of reference for the committee as well as the procedure to be followed.
Initially the Commission was to submit its report to the President after one year together with the draft constitutional text and explanatory report.
The criteria for the membership of the Commission included (gender, social and regional diversity, requisite competence, and technical experience).   The recognition of inclusiveness, transparency and equitable participation was also mentioned.
The Commission is also allowed to seek assistance from experts and “adopt its own rules and regulations”.  How could the Commission adopt its own rules and regulations when the President was required to give the terms of reference as well as the procedure to follow which was mentioned earlier?  Thus the provisions appear to be contradictory.
Public participation
By way of public participation the Commission could collect views and suggestions from all stake holders, including any changes that need to be introduced to the current system of governance.
The main term of reference is to review the Transitional Constitution, 2011 as later contained in the Presidential order which established the Commission.
 National Constitutional conference
The President is to submit the draft text and report to the National Constitutional Conference comprising delegates from:
·         Political parties
·         Civil Society organizations
·         Women organizations
·         Youth organizations
·         Faith based organizations
·         People with special needs
·         Traditional leaders
·         War widows, veterans and war wounded
·         Business leaders
·         Trade unions
·         Professional associations
·         Academia
All the categories are to nominate their delegates to the President for appointment to the conference.
The duties of the National Constitutional Conference as stated in A.203 (3) of the TC include:
·         Deliberating  on the draft constitutional text
·         Conducting Public participation in transparent manner and open to the media
·         Approving and passing the  draft constitutional text by simple majority
The National Constitutional Conference was to submit the approved draft text to the President within six months (I.e. 31/7/2012) as of then.  This period has now been shifted to 30/6/2015 following the amendment of the constitution on 18/3/2013 giving the Commission an additional period of two years ending on 31/12/2014.
A Judge of the Supreme Court is to chair the National Constitutional conference and the conference should stand dissolved after submitting the report to the President.
Adoption
 The President is to table the draft constitutional text to the National Legislature at least one year before the end of the transitional period.  What is the transitional period?  The problem is that there is no mention of the end of the transitional period.
According to our records the legal time frames are as follows:
·         Pre-interim period (chap1) CPA started at 9/1/2005 and ended on 9/7/2005.
·         Interim period six years to run from 9/7/2005 to 9/7/2011.
·         Transitional period as from 9/7/2011 to an indefinite period.
I beg to repeat that there is no mention of the deadline for the transitional period.
The omission of the deadline for the transitional period could as well become a source of considerable constitutional and political difficulties.
We should also remember that the Transitional Constitution is to remain in force until the adoption of the permanent constitution.  God only knows when that is to happen.
Thus it is to be expected that  the next constitution of South Sudan will come one day, but it will have to be amended or revised as soon as possible because the circumstances will have changed, new needs would have appeared and  old constraints disappeared.
According to article 203(7) of the TC, deliberations of the national legislature is limited to 3 months when it must adopt   the constitution  and get it presented to the President for assent and signature (A.203(8)of TC).
Comments
From the foregoing provisions, it is clear that the current review process begins with a broad review commission and an all inclusive of constitutional conference.  However, the permanent constitution will be adopted by a simple majority vote in the legislature.  There will be no referendum
It is also obvious that all the stages will controlled by the President.  He plays a pivotal and decisive role in that:
·         He appoints the members of the commission and decides on how many and who
·         He presents the draft to the constitutional conference and also appoints members to conference (furthermore deciding on how many and who)
·         He receives the draft constitutional text and the explanatory report from the constitutional conference and causes it to be tabled to the National legislature
·         Finally he assents to and signs the constitution into law after its adoption by the national legislature.
Who finally will own the constitution, is it the people or the President?
 The process prescribed for the permanent constitution is highly opposed to the normal process which should start with a narrow expert basis, then subsequently gets more representative.  The end should be a mechanism capable of producing an optimum of legitimacy.
It is very important that the process is guided and bound by the standards of contemporary constitutional and international law and political science.
SOME OF THE AFRICAN EXPERIENCES.
During the period of decolonization and independence in the 1960, the experience was different from that of the wave of democratization which occurred in the 1990s following the end of the cold war.  During decolonization, constitutional provisions and texts were negotiated with the colonial masters who centralized most of the powers at the national level for purposes of control.  However, during the democratization period, the struggle was to give more powers to the people.  Some examples from the African continent will demonstrate the various experiences.
West Africa
The West African examples took the phenomenon of the National Conference especially in the Franco-phone countries of Benin, Gabon, Congo Brazzaville, Mali, Togo, Niger, Zaire and Chad.  These countries implemented the National Conference method as a route to democratic change.  For example in Benin the conference lasted for ten years.
President Kerekou was a reluctant reformer but was changed to acquiesce in the reform process.  The launch of the National conference took a revolutionary direction as the delegates declared the conference sovereign. The National Assembly was dissolved within those days and many of the President’s powers were removed and multi-party elections were scheduled.
To underscore the degree of popular sovereignty, a referendum was held later in the year to ratify the new constitution.
The National Conference involved a large and broad based body drawn from all sectors of society.  It was an inclusive body which typically included delegates from some or all elected bodies, civil society organizations, traditional leaders and religious groups.
Unfortunately in Togo, although the National conference declared itself sovereign, it never achieved the defacto sovereignty and the process was ultimately controlled by the President.
Southern Africa.
Namibia used an ex-ante agreement of what the broad constitutional principles would entail (that is they adopted the constitutional principles before the drafting of the constitution).  The similarity with us was the sticking to the terms of the comprehensive Peace Agreement as the guiding principle during the drafting of the Southern Sudan Interim Constitution in 2005.  The categories identified in Namibia for making the constitutional body were inclusive of the following:
·         Political parties
·         Civil society organizations
·         Individual citizens
Serious attempts were made to invite submissions and actively solicit the views of various stakeholders.  Furthermore principles of transparency required that all materials of the constitutional proceedings be made available to the public.
There were 34 constitutional principles approved and they had an effect on the nature of the deliberations.
Two-thirds of the constitutional assembly was the required structure and the working methods which were needed to effect the eventual product.  This provision was to determine that the text complied with the principles laid down in the ex-ante agreement.
The deliberations were approved by the Constitutional Court and later ratified by a referendum.
East Africa.
In Eritrea (1993), the constitution drafting process lasted for four years (up to 1997) when it was ratified by the Constituent Assembly.  The important component was the incorporation of civic education on the constitutional matters.  In the meantime a series of proclamations served as the interim constitution.  Since the nation had low literacy rate, some of the techniques used were songs, poems, stories and plays in vernacular languages by using radios; mobile theatres; testaments during outreach etc.
Kenya witnessed the end of one party rule in 1991, which had lasted for 22 years (1969-91).  The re-introduction of political pluralism accompanied by growing calls for constitutional reform led to the enactment of the Constitution of Kenya Review Act 1997.  The act laid down the frame work for constitutional change.  Later the act was amended to place the participation of the people at the centre of the process.  The Constitution of Kenya Review Commission (CKRC) was appointed by the President on the nomination of parliament.  It was inclusive and had experts as prof. Yash Gai.  The Composition of the Conference included:
·         All members of Parliament
·         Regional delegates
·         Representation of various social groups and civil society organizations and the total number of delegates was 629 individuals.
The new changes managed to incorporate a people driven constitutional making process.
In Uganda, after capturing power in January 1986, President Museveni established a Ministry for Constitutional Affairs to begin consultations for the promulgation of a new constitution.  In 1988, the National Resistance Council (NRC) which was the Parliament debated the Bill for establishing the Uganda Constitutional Commission (UCC).  The act addressed the following issues:
(i)     Qualifications of the members of UCC
(ii)   Eight major principles of liberal democracy to guide the UCC.
(iii) The act insisted on the fact that the UCC should involve all Ugandans in the process through wide consultation, active participation, discussion and debate.
(iv)  The act gave UCC autonomy and independence in carrying out its work without any interference from any individual or agency, including the government and the President.
The 21 member team was appointed by the President in February 1989 with Justice Ben Odoki;  Justice of the Supreme Court as the Chairman of the Commission.
The Commission took 4 years to collect views from all stakeholders in Uganda including intellectuals, bureaucrats, villagers, the Army, women, youth etc.  Meetings were organized where views were solicited as well as contributions by way of written memoranda in all languages.  The work was enacted into the Constitution of Uganda 1995.
C.      THE POLICY IUSSUES THAT NEED TO BE ADDRESSED.
The critical policy issues which need to be addressed during the constitutional review process would in my view include the following:
1.       International boundaries
2.       The national capital City
3.       Land grabbing
4.       Decentralization
5.       Predominance of the President
6.       The Council of Ministers
7.       The legislature
8.       The Judiciary
9.       Corruption
10.   Transparency and accountability
11.   Human rights
12.   Ethnicity and tribalism
13.   The role of women
14.   Local government
15.   Traditional leaders
16.   Language
17.   Amendment of the constitution.
18.   Federalism.
We shall consider one item after the other.
1.       International boundaries
The main problem concerning our boarders is the demarcation of the boundaries between the Republic of South Sudan and that of the Republic of Sudan.  Article 2 of our constitution states that South Sudan shall comprise “the former Southern provinces of Baher El Ghazal, Equatoria and Upper Nile as at 1.1.1956” including Abyei.
Although the boundaries Commission has been too slow in fulfilling its obligations as agreed in the Comprehensive Peace Agreement 2005, the inclusion of Abyei into the territory of the Republic of South Sudan before the holding of the expected referendum in Abyei is highly problematic for the healthy relationship between the two Sudans.
Furthermore this problem has been exacerbated by the recent March 2012 “Cooperation Agreement” between the two parties which extends to the famous mile 14 in Aweil area and beyond.  The majority of South Sudanese fell that most of the territories belonging to South Sudan have been voluntarily ceded by the unfair agreement to North Sudan.  This is a bone of contention.
Other international borders which might come into dispute are not a matter of urgency as of now.
2.       The National Capital City
Juba does not seem to be an appropriate place to host the national capital because of divided feelings.  According to the Interim Constitution for Southern Sudan 2005, the City of Juba was defined as the capital city of Southern Sudan and the seat for the National government.  However, the transitional constitution of 2011 added a proviso that the national Government may “relocate the national capital to any other location within the territory of South Sudan by law”. [A.50 TC]
Unfortunately the first resolution made by the Council of Ministers after its being sworn in at independence in July 2011 transferred the capital city to Ramciel.  This matter has never been brought to the National Legislative Assembly for debate and there is no law to govern the transfer.
Feelings are very high about Juba and Ramciel, people are much divided, and the government seems not to be playing its cards properly about uniting the people over the issue.  The executive prefers to fan ethnic differences instead.
According to Ronald C. Rowat, usually “the Federal Government wants to “control and develop the capital in the interests of the nation as a whole, while the people of the capital naturally wish to govern themselves in the greatest extent possible”. {See Ronald C. Rowat ed. The Government of the Federal capitals-University of Toronto 1973, Vi-Xii}
There are three possible constitutional arrangements for federal capitals:
(i)                 Where the capital is a federal district or territory under the exclusive jurisdiction of the Federal Government e.g. Washington DC (USA); Canberra (Australia); Federal District of Mexico (Mexico); Federal district of Caracas (Venezuela); The Union Territory of Delhi (India); The federal  territory of Islamabad (Pakistan);  Abuja the Federal Capital territory (Nigeria); and the Federal Capital territory of Addis Ababa (Ethiopia).
The advantage of this arrangement is that the Federal Government has sufficient control over the planning and development of its own capital.  The arrangement also avoids having the law of any one member state dominating the capital of the whole federation.  It also prevents any one state from interfering with the organs of the Federal government or imposing its legal or cultural dominance on the Federal capital.
However, the disadvantages are that there is too much Federal control over local residents.  They do not also elect representatives to the Federal Parliament.  If the area of land they occupy is not large enough to begin with, problems arise when the urban population spreads beyond their boundaries e.g. Buenos Aires, Caracas etc.
(ii)               Where the federal Capital is given the status of fully fledged state within the federation such as Vienna (Austria); Moscow (Russia); Berlin (Germany) and Brussels (Belgium).
The advantage with this arrangement is that the Capital is ensured of its local self-government and it is not subservient to any one of the other member states.
However, the disadvantages are that the Federal Government is left without minimal control over its own seat of government and if the area is not big enough at the time of creation, a subsequent spill over of population may create problems with neighbouring states or regions.
(iii)             Where the Capital city comes under the jurisdiction of a member state within which it is located in a manner broadly similar to other cities within that state.  Examples of these are Bern (Switzerland); Ottawa (Ontario, Canada); Kuala Lampur (Selangor, Malaysia); Bonn (Germany) and Madrid (Spain).  Juba might as well fit in this category.
The advantages of this arrangement are that the management of the boundaries of the Federal Capital with the neighbouring areas is open to flexibility.  There is usually provision for the general operation of local self-government in the federal capital in the same way as elsewhere in the state in which it is a part.
However, this arrangement limits the degree to which the Federal government can manage development and control of its own capital city.
Currently Juba is within the territory of Central Equatoria State thereby creating conflict between the national Government and the state government and there is need to adjust this situation based on scientific rather than political reasons only.
The Criteria for an ideal federal capital should include:
·         The ability of Federal Government to have sufficient control over the development of the city
·         The prohibition of any member state from interfering with the affairs of the capital  or dominating the capital
·         The possibility for local residents to have some degree of local self-government as well as being represented in the national parliament
·         The presence of some area which is big enough to accommodate expansion.
The governance model chosen for the federal capital has tremendous value in diverse cultures and must be a symbol of the unity of the people.
3.       Land grabbing
Land is the single most valuable asset to human being.  It is a sure guarantee to life.  There is need for a clear and fair policy governing land acquisition, expropriation, appropriation, distribution and alienation that can guarantee peace in the country.
Unfortunately there is no land policy in the Republic of south Sudan.  According to the Comprehensive Peace Agreement 2005, the parties stated that “this agreement is not intended to address the ownership of those resources (meaning land and natural resources).  The parties agree to establish a process to resolve this issue.  Once more no proper mechanism has been established and this issue needs urgent resolution.
  Article 170 of the TC states that “all land in South Sudan is owned by the people of South Sudan”.  The same constitution further continues to say that land can be held as public land, community land and private land. Community land is meant to include “all land traditionally and historically held or used by local communities or their members”.  Communities and persons enjoying rights in land shall be consulted in decisions that may affect their rights in the land and resources.
Since most of the land was not surveyed and demarcated earlier, all the communities in South Sudan have taken control of most lands to the disadvantage of the citizens and the governments.  The acquisition of land has become so difficult that people have been pushed to land grabbing.  There is urgent need for the national government to come up with suitable and appropriate land policies and laws to contain the situation to give room for development and growth.
4.       Decentralization.
The TC provides that the Republic of South Sudan is governed through a decentralized system at national, state and local government levels (A.162-1TC); much of this statement is paper work.
 We need to briefly consider issues related to power sharing, wealth sharing, fiscal transfers and intergovernmental relations between the various levels of government etc. so as to get some ideas about the practicality of the situation.
Power sharing.
The scheme of power sharing has been set out in schedules “A” for national government; Schedule “B” for State Governments; schedule “C” being concurrent and schedule “D” being residuary etc.
Careful consideration reveals that some of the items listed in schedules “A” to “E” is overlapping.   The examples are schedule B4 on “state information, publication and mess media” is also found in Schedule C13 “information, publications media and broadcasting” The question is does schedule B4 establish a lex specialis to schedule C13?
The other example is in schedule C10 and schedule A14 where both list “river transport” and are mutually exclusive, how should the competencies be distributed in the field?
Furthermore Schedule E on “resolution of conflicts in respect of concurrent powers”, has a centralizing effect.
There are many other examples of overlapping and contradictions throughout the schedules and they affect the smooth implementation of the decentralization policy.
As of now, South Sudan has 10 states governed on the basis of decentralization.  It is very important to note that decentralization does not only mean division of the national territory into smaller units.  What is important is how do you delegate political, administrative and financial powers to the lower levels of government.
According to article 59 (g) of the TC, the identity, territory, names, capital towns and boundaries of the entities are left to the Council of States.  Such a provision is not appropriate and it is necessary to enumerate explicitly the ten states in the constitution itself.  Their existence must be constitutionally protected because any basic change in the number of the territory of the states affects the republic as a whole.
The alteration of state boundaries only demands a resolution of the Council of States and does not require the approval of the affected state through its representatives or a referendum (TC163-2).
Furthermore, there is no provision for increasing the number of states and counties and yet the population is loudly crying out for more.
(b)   Wealth sharing
The sources of revenue for the national and state governments have been enumerated in articles 177 and 179 of the TC respectively comprising taxes, duties, fines etc.
According to article 171(4) “ rights over all subterranean and other natural resources throughout South Sudan, including petroleum and gas resources and solid minerals shall belong to the national government which means that there is no “state natural resources as contained in schedule “B”-7.
The issue is that most of the revenue accrues to the national government which is supposed to give grants to the lower levels of governments but is this case?
 
(c)    Fiscal transfers
Unfortunately there is no appropriate formula for the distribution of the national cake.
The Fiscal and Financial Allocation and Monitoring Commission (TC181), which is charged with the responsibility of recommending the allocations and ensuring their implementation was born dead.  It is totally ineffective and has not even submitted a single report to the National Legislative Assembly for that matter.
A report released by International Republican Institute (IRI) in the middle of last year showed that only 12.4% of the national revenue has on average been transferred to the States and Local Governments over the last seven years.  This means that the national government has been retaining 87.6% of the national revenue for itself.  This practice is grossly unfair and inequitable.
Nigeria, like South Sudan is heavily dependent of oil (about 90%), however, it transfers an average of 41% per annum to the States and Local Governments.  We need to emulate the Nigerian example if services and development are to reach our people in the rural areas.
 Australia is also known to be having one of the best Fiscal distribution formulas in the world.  40% of the budget is funded by federal transfers which is distributed to the states and territories in accordance with a formula recommended by the Commonwealth grants Commission and incorporated into a formal inter-governmental agreement.
  We seriously have to consider our own political, economic circumstances when we try to reduce poverty and try to meet the basic needs as well as promote growth.  Are we transparent, direct and participatory and do we share knowledge.  Do we give priority to intergovernmental relations, budgeting, accounting and recording?  What about the training of Civil servants.  The clear challenges facing decentralization include:
(1)     Clear understanding and appreciation of the decentralization
(2)    What are the guiding principles and standards for the implementation and execution of powers and functions
(3)    Do we try to address decentralization comprehensively i.e. politically, legally, administratively and financially
(4)    Do we have political leaders who are committed to decentralization
(5)    Do we complement political and legal clauses e.g. the Local Government Act 2009 provides for coordination and supervision
(6)    Do we match assignments with resources
Some studies were undertaken in 8 Southern and Eastern African Countries focusing on:
·         Decentralized governance
·         Local Government financing
·         Inclusive service delivery
·         Local government capacity.
The findings of the studies were as follows:
(1)    Laws governing decentralization existed but there was no commitment and will from the leaders.
(2)    The laws of decentralization were made at higher level, so there was problem of ownership of the laws by the grass roots.
(3)    The legislations were in conflict and they were not complementing each other
(4)    There were no sustainable structures
(5)    The role of traditional leaders was not clearly defined.
(6)    The role of women was not well articulated.
To remedy this situation, Burundi enacted decentralization laws together with the strategy for implementation; Kenya’s new constitution is more detailed; Rwanda also enacted decentralization laws and strategy etc.  Ghana undertook decentralization policy review in 2007.
The study also found success stories in South Africa in terms of physical decentralization; Malawi and Zambia in service delivery and in Rwanda in determined leadership.
(d)   Intergovernmental relationships
One of the major issues is that the appointment of the executive of a state government is dependent on consultation with the national President (TC 165-2).  This provision in itself is problematic because the responsibility for the state government should lie with the state Governor; hence this is a state and not a federal matter and thus a matter of the elected State Governor and not the national President.
Furthermore under article 101 (r-s) of the TC, the President has powers to remove State Governor and dissolve State Legislative Assembly (both elected by the people).  This provision is intrusive and also highly problematic in terms of both democracy and state autonomy.  Although the use of this power is subjected to only conditions of “crisis in the state that threatens national security and territorial integrity”, it leaves the door open for abuse because the President would be the only one to decide if and when the condition is fulfilled.
As it transpired the President was able to remove the Governor of Lakes state last February using the same powers but could not do the same for the Governors of Western Baher El Ghazal and Jongolei states which were undergoing similar problems of insecurity.  The entire population was left guessing and wondering!
1.       The Predominance of the President
According to article 97-3 (TC),   the President is the highest executive authority in the Republic. .  It is also important to note that this position is further demonstrated by the number and importance of the powers conferred on him by the TC as we shall see below.
The president appoints and removes the ministers (TC112-1) and the National Council of Ministers shall be the highest authority in the Republic TC109-1).
However, the appointment needs approval of the National Legislative Assembly (TC112-2) but they can be removed without any such approval by Presidential decree.
As stated earlier, the President is the highest executive authority in the Republic (TC115); while in office the ministers are collectively and individually responsible to both the President and the National Legislative Assembly commonly referred to as the NLA (TC97-3).
The NLA may pass a vote of no confidence by a qualified minority against a minister but not against the council of ministers (TC118).  Therefore the collective responsibility of the council of ministers to the assembly is not secured by an appropriate instrument.
Independent Commissions.
There are 17 or more independent Commissions established. All Chairpersons and members are appointed by the President.  The President therefore has a central role in major political, administrative, social and economic problems the state has to deal with.  The Commission includes:
(1)    Judicial Service Commission (TC132)
(2)    The Civil Service Commission (TC140)
(3)    The Employees Justice Chamber (TC141)
(4)    Anti-corruption Commission (TC143)
(5)    The Human Rights Commission (Tc145)
(6)    The Public Grievances Chamber (TC147)
(7)    The Relief and Rehabilitation Commission (TC148)
(8)    The Demobilization, Disarmament and Re-integration Commission (TC149)
(9)    The HIV/AIDS Commission (TC150)
(10)  The Local Government Board (TC166-3)
(11)  The Land Commission (TC172)
(12)  The National Petroleum and Gas Commission (TC174)
(13)  The Fiscal and Financial Allocation and Monitoring Commission (TC181)
(14)  The National Audit Chamber (TC186)
(15)  The National bureau of Statistics (Tc193)
(16)  The National Elections Commission (TC197)
(17)  The Bank of South Sudan (TC182)
(18)  Council for Political Parties
(19)  South Sudan Civil Aviation
Establishing as many independent commissions in all major fields of states activities without clearly defining their functions and powers is problematic for the separation of powers.
What are the relationships between these commissions and the relevant ministries?  How do the central powers conferred to them match with the legislative powers of the national Legislature.  How do you justify the predominant position of the President in the appointment process?  To whom are the commissions accountable?
The term of office for the President.
So far there is no limit for the President.  The absence of term limits for the President contradicts the very basic democratic requirement of alteration in power.
State of Emergency.
The President’s power to declare a state of emergency under articles 189-1 and 190 of TC should be bound to the principle of proportionality with regard to its substantial geographical and temporal application as well as with regard to the presidential prerogatives.
The proportionality principle has to apply also in the substantial application of the state of emergency.
Derogations from the provisions of the constitution (TC190(a)-(d)) are only possible if and so far as they are absolutely required and suitable to avert the imminent danger and the goods to protect are at least as important as the ones that are given up  (proportionality of the measure with regard to the protect goods).
Article 190(a) of the TC enumerates the provisions from the bill of rights which must be infringed even during emergency i.e. the right to life; the right to be free from torture or other inhumane and degrading treatment or punishment; the right to be free from slavery or servitude; the right to be free from retroactive application of penal laws.
It is generally accepted that these rights are part of customary international law and can as binding norms (jus cogens) not be derogated from.
2.       The National Legislature
The national Legislature is made up of the National Assembly and the Council of States.
The composition of the National Assembly is 332 (170 elected members, 66 appointed members and 96 members transferred from Khartoum), while that of the Council of States is 50 (20 elected by the states and 30 appointed by the President). It is very obvious that the majority of the members of the legislature (97%) are made up of SPLM members and Presidential appointees who are very loyal to him. Criticism of the President and his cohorts is therefore impossible.
The constitution further provides that the National elections law shall determine the future number of the members of the legislature.  Thus the National Legislature is to decide for itself by an ordinary law as opposed to a constitutional act.  Thus they are to fix the initial composition and change that composition as they may deem fit.  This principle is incompatible with the basic requirement for separation of powers.
It is highly important that the number of the representatives of the people and the states be defined by the constitution and not left to the political majority of the moment.
When it comes to loss of membership, an MP can lose membership on the basis of bankruptcy under article 63(1) © of the constitution.  What could be the logic of not making bankruptcy eligibility criteria in the first place? It means that this provision can give a private person with economic power the possibility to favour the exclusion of a political foe by putting him/her under high financial pressure.
Another provision is that Members of the National Legislative Assembly can introduce financial bill outside the draft of the general budget deliberations with the consent of the council of ministers.  Considering the fact that some Ministers are members of the NLA, they can also table bills affecting the budget and taxes during the whole year. How do you avoid the use of this procedure from undermining the general budget provisions?  How can NLA ensure that this instrument is used with restraint?
Another contradiction surrounds the ratification of treaties.  Article 57(d) states that the NLA should ratify international treaties, conventions and agreements.  However article 101(d) of the same constitution also provides that the President ratifies treaties and international agreements with the approval of NLA.
It should be resolved that NLA approves and the President ratifies.  The justification is that ratification of an international treaty is an executive privilege only exercised on the basis of Parliamentary approval.
One fears the overriding powers of the President in Article 101(b) of the TC where the President has the function to supervise “constitutional and executive institutions”.  What could be the meaning of constitutional institutions?  Is the national legislature not one of such institutions since it was created by the constitution?  It could as well mean that the President has to supervise all institutions of the state since they are all based on the constitution.  What does this supervision then imply in terms of competencies?  We need to remember that theoretically, separation of powers demands that only institutions of executive nature are under the supervision of the President.
The fears are further increased by the contents of the provisions of articles 68(3) and 101(g) of the TC which provide for the commencement and closure of sessions of the national legislature.  Whereas the first article states that each house shall determine the dates of commencement and closure of its sessions, the last one clearly provides that the President “shall convene, summon, adjourn or prorogue the National legislature in consultation with the Speaker”.
Does really the phrase “in consultation with the Speaker” require a formal agreement of the Speaker?
Apparently the President has power to decide if and when the national legislature shall meet or not meet.  This provision therefore threatens the core and essence of legislative power.
In addition the President may issue provisional orders as long as the national Legislature is not in session (without any temporal restrictions (TC86-2) this is not in line with the principle of separation of powers.
Priority is granted to requests by the President by the national legislature or either of its houses (TC 78).  The provision is reasonable but it could also be risky in that the principle could develop into absolute priority and may be used to dominate agenda setting completely.
3.       Judiciary
Article 133 of the TC gives the President power to appoint all justices and judges (Supreme Court, Courts of Appeal, High Courts and County Courts), subject only to the recommendation of the Judicial Service Commission.  However, the members of the Judicial Service Commission are also appointed by the President.  Therefore the President has tremendous powers to influence the administration of justice.
Apparently the Judiciary still remains as a highly centralized institution in spite of the general policy of decentralization throughout the country which was mentioned earlier.  All courts remain under the supervision of the Chief Justice (A.127 TC) with the exception of the customary law courts (section 103 of the Local Government Act 2009).
Furthermore, the financial independence of the judiciary is too narrowly defined (A.124 TC).  Financial resources need to be guaranteed.  Financial independence of the management needs also to be guaranteed.  These are necessary to assure complete independence of the judiciary but that does not mean that the Judiciary cannot be audited by the Auditor General as is being misconceived by the members of the Judiciary of the Republic of South Sudan.
The determination of the immunities of the judges is left to the legislature.  However, it is vitally important to set the legal frame work   for the immunities in the constitution.
4.       Corruption
Unfortunately our constitution has no mention of issues of corruption apart from providing for the establishment of an anti-corruption Commission.  Corruption has however, been rampant in the country to an astonishing dimension. In one of the statements to the National Legislature in 2012, the President had  stated to the Parliament that he had appealed to more than 75 senior government officials, party leaders and members of the organized forces to return all or some of the money that was looted from the government amounting to 4.2 billion dollars.  Parliament categorically sympathized with the President and overwhelmingly resolved for the suspension/dismissal of those members.  The implementation of this resolution proved to be impossible, only the devil can explain!
The Anti-corruption Commission established under article 143-1 of the TC and constitutionally empowered to conduct investigations and prosecution of cases of corruption should have helped tremendously in curbing cases corruption.  Unfortunately the anti-corruption commission is toothless and is unable to bite.  No single case of corruption has ever seen the light of the day and the President has ever preached zero tolerance to corruption.
5.       Transparency and accountability
The other unfortunate commission is the Auditor General’s Chambers.  Apart from its creation the chamber has had no law of its own.  Government Accounts were not audited until the appointment of Mr. Stephen Wondu as Auditor General in 2009 following the dismissal of the former Auditor General as a result of “a vote of no confidence” in the parliament.  Nevertheless the belated audited accounts are incomplete and have not been useful in bringing any culprit to book.
6.       Human rights
The TC contains a long list of the common bill of rights including press freedom.
Rights and freedoms are definitely essential and they must be obeyed by every single state authority in the exercise of its constitutional, legislative, administrative and judicial powers.  However, they are not sacrosanct as they generally can and sometimes must be restricted.  The constitution needs to properly address the following issues:
(i)                 The essential dialectic between the constitutional guarantee of human rights
(ii)               The constitutionally permissible restrictions
(iii)             The constitutionally prohibited violations
Furthermore the TC does not make any reference to international or regional human rights violations.  The African charter on Human and Peoples rights for example differs from the conventions on Human rights in a number of aspects.
(i)           The African Charter proclaims not only rights but duties
(ii)          It codifies individual as well as group rights (people’s rights)
(iv)              In addition to guaranteeing  civil and political rights, it protects economic, social and cultural rights
(v)                It is influenced by African traditions and virtues such as specific community and family values.
What is very disappointing among others is the flagrant violation of freedom of the press.  The examples are:
·         The Straight Talk programme of Radio “Miraya FM” was shut down in 2008 for being outspoken against bad government policies.
·         A journalist known by his pen name of Isaiah Abraham was gunned down  one morning in early December 2012 for an article which he had published “calling on the government to foster better ties with its old foe Sudan and refrain from supporting rebel groups across the borders”  (meaning the Nuba and the Ingessena).
·         Subsequently another programme known as Wake Up Juba of “Radio Bakita” has also been shut down for exposing government weaknesses and the programmers Ngor Deng and Michael Thorn are believed to have either fled the country or gone into hiding.
·         Three weeks after the Christmas of 2012 the columnist John Penn de Ngong received a wrapped parcel on his bed packed with a jawbone, a bullet and death threat signed by a group calling itself “the committee for operation to Rescue patriotism in South Sudan- CORPSS) threatening him to stop writing else he would follow his friend the journalist to the grave.
 
7.       Ethnicity, tribalism  and nepotism
Ethnicity and tribalism should not really be underrated in our society.  Individuals owe their obligations to tribes. Sometimes political parties are formed along tribal lines. The gravity of nepotism and corruption and almost worldwide and global.
Jobs particularly those in sensitive areas of the economy and government such as finance, the military and intelligent services are given to relatives of the rulers irrespective of their qualifications.  The recent Equatoria conference [ Juba 14th and 15th February 2013] focusing on consolidating unity, democracy and justice accused the two major tribes of Dinka and Nuer [which are being led by the President and the Vice President respectively] of monopolizing all jobs in the Army, Police, Prisons etc, the Civil Service and the diplomatic service.  Scholarships are also being unfairly distributed and Equatoria has been seriously marginalized in the political and economic life of the country. What is important is the ethnic and blood relations.  The results are bound to be catastrophic to the country amounting to the plunder and running down of the economy.
Inter-ethnic violence in South Sudan is common especially amongst the cattle keeping communities in Jongolei and Unity state in Upper Nile region and Lakes and Warrap in Baher El Ghazal regions.  The conflicts are normally over cattle raiding for payment of marriage considerations, grazing land and struggle over water points.
 
 
 
 
8.       The role of women
In many African societies including South Sudan, men and women are not treated equally.  Traditions and customs are used to justify the marginalization, oppression and exploitation of women.  However, it is the women who hold the society together and do the bulk of the work on the farms and at home in educating and bringing up children.
Worse still the role of women is not well articulated and although TC16(4)(a) provides for 25% for women in the legislative and executive organs it needs to be stated as to what are the exact institutions, organs or commissions or committees of the executive and the legislature?  It would be reasonable to be exact.  What about the Armed forces?  What about law enforcement and security agencies.  What about the ordinary administrative staff in general?
However, the 25% must be meaningful representatives of the women but not girlfriends or concubines of some senior politicians and government officials.
The constitution should also declare oppressive and exploitative traditions and customs which are found to be illegal.  The government of the day should be bound to enforce the equality clauses in the constitution through its policies.
9.       The Position of Local Government.
Our constitution is not very clear on whether we need a Ministry of Decentralization at the national level or just the Local Government board.  According to article 166-1 (TC), the central government has initial powers to set up the local Government system.  However, article 166-2 of the same law states that it is the states that are competent in this field.
Article 166-2 should arguably prevail over 166-1 during the transitional period until when the national government has provided such a local government system.
The position of local government should be one of the following:
(i)                 Local government as an extension of State Government e.g. U.S.A. and Canada (dual federalism).
(ii)               Local government as an equal partner with higher level governments e.g. Brazil, (cooperative federalism).
(iii)             Local government as the main source of sovereignty e.g. Switzerland.
The older federations do not refer to Local government as part of the federal organizations (e.g. USA, Switzerland until 1999, Canada and Australia).  They consider local government to be part of the State or Provincial order and leave it to the statutory authority of that order.
Other federations such as Germany and India recognize and guarantee local self-rule in the federal constitution but without giving local bodies the status of third order of government, leaving most of the details to the states.
The relation between local government and State/Provincial and Federal governments is determined not only by constitutional setting. The ways in which Local Government lobbying is organized are equally important.  A strong and qualified Local Government Association is needed to represent views and interests in the state and regional arenas.  Party politics may be involved too.
Local governments should also strengthen their relations with NGOs and CBOs.  They must also bring increased numbers of new groups into greater political participation to enhance the democratic functioning of local institutions and increase the alignment between the needs of the population and the services delivered to them.
Note:
Local governments are unable to function as units of self-government.  They are dependent of state governments which have conceded only political decentralization and not the fiscal or the administrative decentralization of powers and functions to localities.
Constitutional entrenchment of local government in federal constitutions and statutes might make these relationships easier.
The constitution of USA for example does not explicitly mention a long list of responsibilities of both the Federal and State governments.  There is only a list of delegated powers to the US government.
The 10th amendment of U.S. constitution states:
“The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people”.
Thus the states retain considerable powers which also include the power to establish local governments.  Consequently the organizational structure of local governments, their functional responsibilities and their revenue powers differ from across States (e.g. from highly centralized Hawaii to highly decentralized Hampshire).
SWITZERLAND
In Switzerland, Local governments are known as municipal governments.  They constitute the third order of governance after the confederation and cantons.
Article.3 of the Swiss Constitution provides:
All powers rest with the Cantoons unless the federal constitution explicitly transfers a specific power from the cantons to the federal order.
Such constitutional amendments are submitted to referenda and enter into force after they are approved by the majority of the voters and cantons.
Constitutionally municipalities only have a general residual competence.
 It was in Article .50 of the 1999 constitution Swiss constitution that the autonomy of municipalities is guaranteed within the limits fixed by the cantonal law.
It is the respective legislation of each of the 26 Cantoons that sets up the municipalities and defines the re-organization, competencies and resources as well as the power of control and intervention of the cantonal authorities in municipal affairs.
During the Round Table Conference held in Juba for the State Ministers of Local Governments in 2012 some considerable experience were brought to the surface concerning the implementation of the policy of decentralization in the Republic of South Sudan which needs to be mentioned at this juncture.
Some  experiences in the implementation of decentralization in South Sudan
General observations.
1.       The boundaries of Local Governments have not been defined, there is no clear demarcation between the existing 79 counties and yet there is demand for local government or counties to increase without considering the size, population and economic viability.
2.       What is the definition of the Commissioner?  Should he be a political leader or administrator?  Should the Commissioners be elected?  We need to make the post of the Commissioner to be stable.
3.       The relationship between Local Government and the counties is that the counties are described to be completely independent
4.       The Commissioners prove to be obstacles to local government work and there is poor relationship between the Commissioners and the chiefs, administrators and the public.
5.       Most people are illiterate and they need clarifications on the policies including land policy.
6.       The budgeting at county level is poor, they should follow nominal roles but commissioners include wives, relatives in the nominal roles.
7.       The commissioners use relatives and low level administrators in the collection of local revenues for themselves.
8.       The private sector was very poor etc.
9.       Currently there are problems being experienced in the election of chiefs.
10.   Councilors were being appointed and their regular meetings were not being held.
Upper Nile State
(1)    There is no office accommodation for the staff
(2)    There is inadequate transport
(3)    There is no road access and rivers are only used during the rainy season.
(4)    There is poor communication between the national, state and counties
(5)    There is poor gender representation
(6)    Insecurity in Upper Nile is undertaken by the Youth in terms of cattle raiding since there is no employment.
(7)    There is too much fighting on basis of tribalism ,nepotism etc with calls for new counties
(8)    There no monitoring and follow up of activities
(9)    .
Western Equatoria State
1.       Much power was found to be concentrated in the hands of a few.
2.       There is few qualified staff to manage the units e.g. 10 counties; 49 payams and 169 Bomas.  Ironically a great number of qualified and experienced civil service staff was maliciously laid off under the uncouth policies of “re-integration” and “downsizing”  between 2007-2009 in this very state.
3.       The tax officers and rate collectors raised inadequate revenues from the taxes and other collections.
4.       There was resistance to transfers
5.       The Commissioners were uncooperative
6.       There was too much corruption, since most of the Payams are far, so the officials felt free to practice corrupt behaviours.
Eastern Equatoria State
1.       The Police Commissioner was appointed at the national level and was not answerable to the Governor.
2.       Organized forces say they are only answerable to the national government, they disobey ministries of local government
3.       There was lack of coordination between state ministries and national level miniseries.
4.       There was presence of Small arms proliferation and insecurity
5.       Centralization of the collection of all non-oil revenue was prevalent
Warrap State
There were too many employees in a county e.g. 191 employees.
 
19.   The role of Traditional Leaders
The institution, status and role of traditional authority according to customary law are recognized under the constitution (TC 167-1).
This recognition has very high legal and symbolic value, as it states openly the necessity for a peaceful co-existence between state and traditional authorities on the local and state levels.  However, many chiefs complain that they have been stripped of all essential powers and are no longer respected within their communities.  There is need therefore to give co-existence of state and traditional authorities a real meaning in full recognition of constitutional rights.
Article 168-2 of the TC  introduces the establishment of Councils for traditional authorities but leaves the (i) composition  (ii) functions  (iii) competencies to the National and State legislatures.  It is very important for the constitution to iron out this vacuum.
20.   Language
 
As stated in article 6-1 (TC)”all indigenous languages of South Sudan are national languages and shall be respected , developed and promoted” but omitting Arabic as the most widely spoken language and as the lingua franca between tribes seems highly problematic.
Hitherto the Judiciary is still largely using Arabic in hearing cases, conducting various deliberations including writing judgments and yet no action is being taken to change from Arabic to English. Does this action not give room for running the country along parallel lines?
 
21.   Amendment of the Constitution.
Normally amendment provisions for constitutions are specific and they differ from ordinary legislation. As put by Justice Marshall in Murbury Vs. Madison (1803), constitutions are unchangeable by ordinary means. This means that the procedure leading to constitutional amendments must not be the same as those that govern law making; otherwise this process reduces the constitution to an ordinary legislative act.
According to article 199 of the TC, the TC cannot be amended unless the amendment is introduced at least one month before and passed by 2/3 of each house. BUT yet the same TC sets that the “commission shall review the transitional constitution”, and then it can be passed by simple majority into a permanent constitution (203-7 TC).   Thus the permanent constitution will be enacted like ordinary legislative act.  This is a very serious contradiction and is contrary to international practice.
22.   Federalism
As from 1947 the people of South Sudan have been asking for a federal system of government in the country but to no avail.  During the debate of the independence motion for the Sudan on 19th December 1955, members of Parliament from Southern Sudan had demanded for a federal system, however, their motion was dropped on the ground that the issue would be considered after independence.  Unfortunately that was a trick on the part of their opponents in Northern Sudan who were opposed to federalism.  As it transpired later, the constitution drafting committee which was formed immediately after “independence” in 1956 had only two members from Southern Sudan out of 50 members.  That Commission reported that “the claim of the people of the South for Federation was given full consideration but was found to be unworkable”.  The denial of federalism for the people of Southern Sudan led to the 56 years of civil war in the country culminating in the independence of South Sudan in 2011.
This time round the people of South Sudan especially from Equatoria, Upper Nile and some parts of Baher El Ghazal are also asking for a federal status but the leadership of the SPLM seems to be less interested.  During the passage of the Transitional constitution on 7/7/2011 those who voted for federation were 42 as opposed to 113 which supported decentralization.   The demand for a federal status seems to be on a rapid rise and any continued resistance to the demand is likely to cause some problems for the country.
What is federalism?
Federalism equals to an ideology that combines shared rule with self-rule.
According to Riker (1964:5)
-“the essential institutions of federalism are a government of the Federation and a set of governments for the member units, in which both kinds of governments rule over rule over the same territory and people and each kind has the authority  to make some decisions independently of the other”.
Legally, a Federal constitution is where the legislative and administrative authority of the National and State Governments are both subordinate to the Constitution, but co-ordinate to one another.  In other words, the powers are divided in such a manner that the national government and the state government are each within a sphere co-ordinate and independent.  They are mutually exclusive of one another and reciprocally limited in their fields of power [Wheare, The Federal Government 4th edition Oxford 1963 P10 and 14].
What is decentralization?
There is no standard definition for decentralization.  However, it is generally understood that decentralization is the process by which functions and decision making authority are transferred from the national government to the sub-national government or from one sub-national government to yet a lower one, depending on the tiers of government established in a particular country.  Thus there are various models of decentralization all over the world and in fact every country practices decentralization in one form or the other.
Why Federalism?
1.      The case for federalism rests on democracy; good governance (effectiveness, responsiveness, accountability);
2.      Federalism is also used for conflict management (it gives each group autonomy to promote its own interests and values;
3.      Federalism avoids tyranny of the majority and permits country wide majority to rule on common issues, local majorities to rule on issues closer to own interest).
4.       Federalism Promotes accommodation in divided societies in the sense that Federalism as a political idea has become increasingly important as a way of peacefully reconciling unity and diversity within political systems. For example diversity based on language, religion, ethnicity, nationality, culture and race (not gender, class, states, occupation etc.).
5.      Thus unity can be grounded in diversity and diversity can give rise to unity; there is no necessary contradiction between unity and diversity
There is need to build dynamic, efficient and modern state (e.g. India, USA).  In such context, federal solutions have been an increasingly wide spread appeal because, I repeat:
(a)    they enable shared governance in a large political unit for certain common purposes; and
(b)   They provide autonomous self-governance for the various diverse groups in smaller constituent units of government directly and democratically responsible for their own electorates.
What are the advantages of Federalism over decentralization?
1.      STRONG AUTONOMY (OR CORPORATE STATUS)
            In a federation, there at least two orders of government, one for the whole country and the other for the regions or states.  Each government has a direct electoral relationship with its citizens.  A decentralized government can have only one level of government which is the only one related to the citizens.
2.      BUDGETARY CAPACITY AND OWN SOURCES OF REVENUE
The political, administrative and financial powers of the lower levels of government are clearly defined and protected in the constitution.
3.      POWER TO APPOINT, RECRUIT, TRAIN AND DISCIPLINE ITS OWN STAFF
As an autonomous entity it has full mandate to hire , fire and discipline its own staff as well as build their capacity without any interference from above.
4.      RIGID AMENDMENT PROCEDURE
A Federation has a written constitution some parts of which cannot be amended by the Federal Government alone.  Major amendments affecting the constituent units require substantial consent from them as well as from the Central government.  Constitutions of decentralized government can easily be amended at the will of the central government.  The decentralized constitution can be very flexible.
5.       DEVOLVED RANGE OF FUNCTIONS
A federal constitution formally allocates legislative and fiscal powers to the two orders of government ensuring some genuine autonomy for each other.  There is no genuine autonomy in decentralized government.  The central government can interfere at any time in the affairs of the lower governments.
6.      USUALLY TWO DECISION MAKING BODIES
Usually some special arrangements, notably the Upper houses are found in federations for the representation of constituent units in key central institutions to provide for regional input in central decision making.  The prevalence of such upper houses in federations is associated with the idea that both the population and the constituent units are part of what makes a federation and both dimensions need to be reflected in central institutions.
D.      COLLABORATION REQUIRED.
All the peace loving individuals, institutions and governments of the world should come to the rescue of the Republic of South Sudan through some collaborative effort [in terms of pressure, advice, and political, moral and financial support] before the country sees the day of its total collapse.  The government of the day needs to dissolve the current Constitutional Review Commission and open up the constitutional review process to the people even if it leads to more extension of time.
As Jennings said:
“The accepted doctrine is that no fundamental change in the political system should be made without a specific mandate from the people” [Jennings, the law of the constitution 4th ed.P.105].
To get the mandate of the people the following steps should be carefully followed:
1.       The framing of the constitutional proposals.
2.       Conducting popular consultations.
3.       Discussions of the proposals in a constituent Assembly
4.       Enacting the Constitution or ratifying it.
The framing of the constitutional proposals.
This assignment must of necessity be entrusted to a small group of expert individuals.
Since there is already a government in existence, the responsibility for the appointment of the group may be conceded to it provided that the appointment is made objectively with the purpose of obtaining the best services of the persons best qualified for the job.  Due regard must be paid to the major interests comprised in the country.
Like other organizations and individuals in the country, the government is perfectly entitled to submit proposals to the constitutional commission. The important point however, is that, the government’s proposals should not be the only ones to form the basis of the discussions.  The advantage of basing the discussions on more than one set of proposals is illustrated by the experience of the United States, where several plans were submitted to the Philadelphia Convention in 1787.
If an independent commission is used, its proposals should of course be submitted to the government.  The question is whether the government should have unfettered discretion to reject or amend the proposals as it likes? The answer should depend largely on the nature and extent of the popular consultations made by the commission, and on whether the proposals reflect the views merely of the commission or of the majority of the people consulted.  A small group of individuals no matter how eminent and well qualified, has no better right than the government itself to impose its views upon the whole community.  If the proposals have been submitted to the public who have been consulted, then the government cannot justifiably have an unfettered right to modify them as it pleases.
Popular Consultation.
Popular consultation is needed in order to command the confidence, loyalty and obedience of the people.  The legitimacy of the constitution and of the government depends on this factor.
Furthermore, the consultation should not be remote from the lives and thought of the people.
A constitution should be generally understood by the people, and acceptable to them, because without [1]these two factors, it cannot hope to command their loyalty.
To achieve this end and understanding the constitution should be put through some popularization exercise so as to generate public interest and so that everybody takes some stake in it and views it as a common property for all.
The people must be made to identify themselves with the constitution.  Without this sense of identification, of attachment and of involvement, a constitution would always remain remote, artificial and with no real existence than the paper on which it is written.
Consultation should ideally be done in two states:
·         Before framing the proposals
·         After framing the proposals.
The method of consultation also matters.  The questions are.  Was the consultation real and meaningful?  What was the nature and quality of consultation?
·         Were meetings conducted in all parts of the country and at all levels of the society?
·         Were the itenary of the visits clear?
·         Were questionnaires prepared in light with terms of reference (if any)?
·         What was the response of the public to the process of consultation?
·         Were public rallies also held?
·         Was ample opportunity given to all citizens?
·         Was there call for oral or written submissions or both?
·         Were citizens at home and abroad involved?
·         Were the programmes widely publicized?
·         Were the terms of reference translated?
·         Were press conferences held and were appeals made to the people to live up to their national responsibilities by submitting their representatives to the commission?
·         Were views received from the cross section of the population including political opponents?
·         Were posters used? etc.
Discussion of the proposals in the Constituent Assembly.
It is very important to consider whether there is need for an elected Constituent Assembly where there is an already existing elected parliament.
Does the existing parliament have mandate to enact a new constitution radically or substantially different from that under which it took office?  If there is a popular consultation on and approval of the proposals given, then the existing parliament could conduct formal discussion.
However, without prior popular consultations and approval, it would be both pretentious and somewhat disingenuous for a National Assembly to resolve itself into a Constituent Assembly and in that capacity assume the constituency of the people.
It is also important to find out what procedure was adopted in the Constituent Assembly during the debates and the atmosphere of the debates.  More specifically, what impact was the Constituent Assembly able to exert on the government proposals?
The enactment of the constitution (or constitutional ratification).
The power to enact the constitutional proposals into law should rightly belong to the people and be exercisable by them either directly at a referendum or by Constituent Assembly so mandated by them.  Such mandate can be implied from earlier popular consultation on, and approval of, the proposals.
Enactment directly by the people might have value in enhancing the constitution’s legitimacy.  This procedure would foster among the people a feeling that the constitution is their own and not an imposition by the government and that they must have a stake, and responsibility in observing its rules.
E.            CONCLUSION
If the issues raised above are addressed by the permanent constitution following the suggested process, it would pave the way for South Sudan’s stability and good governance.  However, as Aristotle the old philosopher once said “tyranny gives birth to tyranny”.  The people of South Sudan gave their unconditional support to the Sudan People’s Liberation Movement and the Sudan People’s Liberation Army (SPLM/SPLA) to remove tyranny and set them free, this might not exactly happen in the absence of a comprehensive democratic programme.
By Hon. Dr. Richard K. Mulla
MP (independent) Mundri Town Constituency, NLA-Juba

South Sudan military says 163 killed in clashes

Posted: March 29, 2013 by PaanLuel Wël in Junub Sudan

South Sudan battle against insurgents kills 163
The Guardian
A heavy military battle inside South Sudan‘s border killed 163 people, mostly rebels, when government soldiers clashed with rebels that South Sudan accuses its neighbour Sudan of supporting, officials said Thursday. South Sudan’s military spokesman, 
South Sudan military says 163 people, mostly rebels, killed in clash inside 
Boston.com
Your article has been sent. JUBA, South Sudan (AP) — South Sudan military says 163 people, mostly rebels, killed in clash inside country. end of story marker. © Copyright 2013 Globe Newspaper Company.
Thieves steal cash from South Sudan President’s office
Africa Review
Thieves broke into the account office of South Sudan President Salva Kiir and escaped with an estimated $70,000, a senior official said on Thursday. Mr Chaat Paul Nul of the communications department in the President’s Office said investigations were 
South Sudan Military Says 163 Killed in…
ABC News
South Sudan’s military spokesman, Col. Philip Aguer, said government forces also captured an airstrip in the town of Okello, which he claimed the rebels have been using to import most of their military supplies. Okello is in South Sudan’s southeast 
South Sudan City Market Gutted by Fire – Again
Voice of America
AWEIL, SOUTH SUDAN — Dozens of shops and thousands of dollars’ worth of property were destroyed in an overnight fire Thursday at a market in Aweil, the capital of Northern Bahr el Ghazal state. No one was injured in the blaze at Ayuang market, which 
South Sudan Ready to Receive President Bashir ‘Anytime’, Says Ambassador
AllAfrica.com
Landlocked South Sudan, which seceded from Sudan in July 2011, closed off its 350,000 barrel-per-day output in January last year in a dispute with Khartoum over how much it should pay to send the oil through Sudanese pipelines to the Red Sea.

April Fool? The 6 millions is not stolen; rather it has been successfully recovered from the real thief.

April Fool? The 6 millions is not stolen; rather it has been successfully recovered from the real thief.

April Fool? The 6 millions is not stolen; rather it has been successfully recovered from the real thief.

6 Millions in cash money stolen from President Kiir’s office in Juba - South Sudan

6 Millions in cash money stolen from President Kiir’s office in Juba – South Sudan

South Sudan’s Red Army comes of age

Posted: March 27, 2013 by PaanLuel Wël in Junub Sudan

UN mission verifies start of Sudan, South Sudan withdrawal from zone in Abyei
UN News Centre
26 March 2013 – The United Nations peacekeeping force in the oil-rich Abyei area, which is contested by South Sudan and Sudan, has completed its first verification mission to make sure that troops from both Governments pull out of the demilitarized
Sudan asks rebels to help draft constitution as tensions ease
Reuters
KHARTOUM (Reuters) – Sudan’s vice president on Tuesday invited rebel groups to help prepare a new constitution, a sign of Khartoum’s newly-relaxed stance toward the insurgents since signing border security deals with South Sudan this month. Relations 
South Sudan signing Entebbe agreement
Ahram Online
In a sudden move, reports came out the two-year old South Sudan government will join the Cooperative Framework Agreement of the Nile Basin Countries, known as the Entebbe agreement. “We joined the Nile Basin Initiative. We are on the way to join the 
South Sudan Citizens Have Say on New Constitution
Voice of America
BOR, SOUTH SUDAN — Residents in Jonglei state are having their say on what they think should be included in the new constitution of South Sudan, after the authorities extended the deadline for drafting the supreme law of the world’s newest nation.
For refugees in South Sudan, a transit camp becomes a long-term home
Christian Science Monitor
The United Nations reports that every day approximately 338 refugees cross from South Kordofan, Sudan, into the newly independent South Sudan. Yida refugee camp now hosts more than 70,000 Sudanese who are fleeing atrocities and starvation warfare 
UN confirms Sudan, S. Sudan withdraws
UPI.com
South Sudan and Sudan agreed to pull their forces from the border and establish a demilitarized zone. U.N. Undersecretary-General for Peacekeeping Operations Herve Ladsous said peacekeepers completed their first verification mission for the disputed 
South Sudan’s Red Army comes of age
The Guardian
The use of child soldiers is one of the more horrific moments in the history of South Sudan’s creation, but the former Red Army members who gathered last weekend in Juba are not shy about remembering their experiences. Instead, they are relying on the
What is expected from the Constitutional Review Commission of South Sudan 
Sudan Tribune
The Republic of South Sudan is the name we inherited from the old Sudan. However, it may not have political, social or even religious justifications. When the first civil war erupted, the name used for the liberation movement did not bear the term 
Kiir Backs N. Bahr El Ghazal Governor Despite Not Following Orders
AllAfrica.com
In 2011, as part of the CPA South Sudan seceded. Biar appointed by Kiir in a 2007 presidential decree but was replaced in 2008 by Awan, who retained the Governorship in the 2010 general elections. Although Biar and Awan have never criticised each other 

Millions in cash money stolen from President Kiir’s office in Juba

6 Millions in cash money stolen from President Kiir’s office in Juba - South Sudan

6 Millions in cash money stolen from President Kiir’s office in Juba – South Sudan

March 27, 2013 (WASHINGTON) – “It was shocking news to me when I woke up one morning to learn that millions in cash money which was stored in the President’s office had gone missing,” a senior aide close to South Sudan President, Salva Kiir Mayardit, has revealed to the Sudan Tribune.
South Sudan’s first president, Salva Kiir, is escorted by security during a ceremony celebrating the anniversary of South Sudan’s first Independence day, on July 9, 2012 in Juba, South Sudan (Paula Bronstein/Getty Images)
Rumors have been circulating for days among ordinary people in the streets that a big sum of money kept in the President’s office was stolen by unknown individuals.

“It was [such] a big embarrassment that we didn’t want to talk about [it],” said the anonymous official who feared to reveal his identity due to the sensitivity of the matter.

The incident occurred over the weekend when a combined cash of millions in South Sudanese Pounds (SSP) and U.S. dollars just vanished from the office despite tight security provided by the President’s protection unit in the compound.

When asked, the official could not explain why such a huge sum of cash, which he said was around six million, was kept inside the office and not in the bank.

An investigation was to be carried out in secrecy, he said, in order to avoid public outcry and because of the awareness on its negative implications on the highest office of the land.

South Sudan has been badly haunted by allegations of corruption and mismanagement of public resources. President Kiir last year had to write a letter to 75 of his officials asking them to return billions of suspected stolen money but no positive response has been publicly made known.

(ST)

http://www.sudantribune.com/spip.php?article45984



South Sudan’s
 delegation to visit Khartoum for oil export resumption

Shanghai Daily (subscription)
KHARTOUM, March 23 (Xinhua) — A South Sudanese delegation will visit Khartoum Saturday, aiming to settle the final arrangements of resuming exporting South Sudan’s oil through Sudan’s territories. The delegation from South Sudan’s Petroleum Ministry 

Pakistan can export food items to South Sudan
The Nation
LAHORE – State Investment Authority South Sudan Chairperson Joseph Kulang John has urged the rice exporters of Pakistan to establish links with importers of agricultural commodities of his country especially those importing rice to encash upon the huge 
South Sudan Sees Big Revenue Boost from New Crude Deals
Sudan Vision
South Sudan Sees Big Revenue Boost from New Crude Deals. KHARTOUM: Sudan has authorized companies to transport oil from South Sudan, in line with a timetable that will release billions of dollars in crucial revenues stalled over security concerns.

 


By Jay Johnson

March 22, 2013

The recent call and push for federal system of government in the Republic of South Sudan by Equatoria governors, politicians, intellectuals as well as the assertion of right of self-determination for the eventual independent Republic of Equatoria (ROE) or Democratic Republic of Lado Enclave (DROLE) has been based in part, on the alledged Dinka political domination, systematic discrimination and marginalization of Equatorians, colonization and occupation of the Equatoria region by Western Nilotic and Dinka in particular. Whether the people of Equatoria region have genuine social, economic or political grievances against Dinka and Western Nilotic is beyond the scope of this article. Put it differently, I defer to challenge or affirm these grievances given time constraints. I will however, address the question of land grabbing or more broadly the alledged occupation and colonization of the Equatoria region by Dinka.

Sudan Second Civil war (1983 – 2005)

It is worth to remind the readers that war has consequences one of which is the displacement of population, either within or outside the border of the state. This displacement phenomenon was undoubtedly felt and experience by people of South Sudan as the civil war intensified and became sectarian during the early and late 1990s. Millions and Thousands of civilian were forced out of their ancestral land. Most sought refuge in big towns of Juba, Malakal and Wau. Others went north and settled in Khartoum, Port Sudan or Kosti. Hundreds of thousands fled to East African nations of Ethiopia, Kenya and Uganda from where majority were permanently resettled to North America, Europe and Australia either through Kenya, Ethiopia or Egypt.

Others as we know were internally displaced, mostly to Equatoria region given its strategic location and proximity to Uganda and Kenya. The settlement of Equatoria region by internally displaced Dinka and other Western Nilotic population took place within the context of war. Put it simply, there was no grand plan to invade the Equatoria region and specifically, Magwi County by Bor Dinka IDPS. The war forced them to sought refuge in the border region of Equatoria and Nimule town in particular.

Thousands and hundreds of South Sudanese who fled during the war are still living in their host nations of Uganda, Kenya, Ethiopia, North America, Australia and Western Europe. Ironically, they do not face eviction threat or harassment contrary to what their Dinka and western Nilotic counterparts experience in Equatoria region. They do have right under international laws and treaties governing refugees or displaced person to either remain where they are or repatriate home voluntarily.

And why in the world should these people (IDPS) be call squatters and land grabbers in their own country. The eviction threats, land grabbing and Squatters nonsense campaign have been particularly spearheaded by the Bari and Madi communities more so than any other community in Equatoria region. Is there any evidence of land grabbing and occupation? Or is the presence of Dinka people in Equatoria region being use as pretext of starting another Kokora? These communities and their elites need to be reminded that the Equatoria region and the state of Central Equatoria is still part of the Republic of South Sudan. It is obvious that the Bari and Madi elites are pushing for an independent Republic of Lado Enclave. I do not intend to argue for or against the idea of an independent Equatoria region in this article. To do this would require a separate article on my part for which I am neither prepared nor have the time to make the argument either way.

My argument is that the people of Upper Nile and Bahr El Ghazel regions like people of Equatoria region are citizens of the Republic of South Sudan. Therefore, it is invalid and irrelevance to labeled and consider these citizens as Squatter, Land grabbers, occupiers or colonizers when they are in fact they are  exercising their rights to live, work, or travel within the define borders of the state in which they hold citizenship.

Until such time when the Equatoria region become an independent nation whether through the barrel of gun or through diplomatic mean, they should cease this persistent harassment directed against former internally displaced persons of Dinka and Western Nilotic origin.

Kokora will no longer go unchallenged at this time and moment in an independent Republic of South Sudan. The first Kokora of 1970s should be treated as a shameful historical footnote that should never be revisited. The people of Upper Nile and Bahr el Ghazel region do not want to relive the humiliating experience of the Kokora when thousands of them were shamelessly evicted from their own country (Sudan) and region (South Sudan). The notion of Equatoria region for Equatorians only is not only discriminatory but illegal under international law. Modern nations and states do not restricted the movement of its citizens within her borders. Equatoria can either succeed or else should accept to live in peace with their fellow Western Nilotic as citizens of African nation.

The transition constitution of the Republic of South Sudan (2011) contains Bill of right and the right to freedom of movement, travel and residence.  Specifically, Chapter 2: section 2 & 27, explicitly stated that “the rights and freedom of individuals and groups enshrined in this bill shall be respected, upheld and promoted by all organs and agencies of government and by all persons”. Section 27 further went on to unequivocally state that ““every citizen shall have the right to freedom of movement and liberty to choose his or her residence except for reasons of public health and safety as shall be regulated by the law”.

All level of governments and individuals within the borders of Republic of South Sudan have legal obligation to respect, upheld, promote and enforce all the provisions of the constitution without prejudice. Citizens of the Republic of South Sudan have right to live, reside, move and travel where ever they choose without undue interference from the government, agencies, groups or individuals. The Madi and Bari communities as well as Central Equatoria State, Magwi and Juba counties have legal obligation not only to respect, enforce this provision but to protect the rights of any persons residing within their respective jurisdiction.

As new member of the United Nations, the Republic of South Sudan has an obligation to promote and enforce the United Nations declarations and laws. The right to mobility (article 12) stated that “everyone lawfully within the territory of the state shall within that territory have the right to liberty of movement and freedom to choose his or her residence. It went on to say that  citizens of state have the freedoms to travel, reside and work in any part of state where one choose within in the define border.

If the Equatorian elites see the transition constitution of Republic of South Sudan as a Dinka political playbook, then they should respected the United Nations mobility right under article 12. World bodies and  institutions like United Nations will become critical as the call and push for an independent Republic of Equatoria or Democratic Republic of Lado Enclave (DROLE) by Equatorian elites gathered momentum in the coming seconds, minutes, hours, days, weeks, months, years or centuries. I personally do not see the possibility of an independent Equatoria region. The Equatorian elites are dating themselves. Available data on independent ethnic movement is very discouraging and disappointing to say the least. The people of Equatoria region are better off perusing government reform with other regions. Political reforms cannot be achieved overnight. Politic is hard, cruel and unforgiving game that requires focus, perseverance, determination and unity. The Equatoria demand for federal system or independent is unrealistic. It is a hit and run strategy which will not produce the desire results and outcomes. It took South Sudan 55 years to get their independent from Sudan. So the Equatorians must prepare for 100 years of struggle if they genuinely believe in their call for an independent nation.

Is there land grabbing in Equatoria region and South Sudan?

Land grabbing can be define as large scale acquisition of land through buying or leasing by domestic and international companies for commercial purpose. And absolutely, there is land grab in Equatoria region in particular and South Sudan in general. However, a dinka or Western Nilotic civilian residing in Equatoria region cannot be considered a land grabber or squatter when in fact as is the case here, their presence took place within the context of war and citizenship.

As citizen displaced by war, they have right to live, work and move anywhere within the define territory of the Republic of South Sudan. Whether they should go home or remain where they currently reside is their individuals and collective decision. No one should tell them what to do. It would also be disingenuous to see them as either domestic or foreign corporations who lease, bought or grab Madi and Bari land for commercial uses.

Obviously, foreign investment companies, South Sudanese and Equatoria elites in particular are the real perpetuators of land grabbing. The Equatorians intellectuals do not, out of dishonesty want to point fingers to themselves and their leaders but they want to use Dinka as scapegoats as they attempt to break away from the nation. Nor do they want to acknowledge the fishy and fictitious foreign commercial deals made in some instances, without the knowledge and consent of the local community.

Land grab statistic in South Sudan is alarming and disappointing. According to November 4th 2011 report by Norwegian People Aid, foreign investors have acquired a total of 5.74 million hectares of land between 2007 and 2010 for agriculture, biofuel, tourism and conservation investment. You tell me what the total hectares of land are now in 2013. Majority of foreign deals occurred mostly in Equatoria region, Jonglei and Western Upper Nile.  Put it simply, 10% of South Sudan land has been illegally or legally lease to foreign corporations without the knowledge or consent of the communities in which they took place. The lands deals in question is about 57,400 kilometer squares, which is more than the total land mass of the country of Rwanda.

Examples of Land grab in Equatoria (Central Equatoria State)

The Mukaya Payam, Lainya county of Central Equatoria State: this is one of the well publicize and outrageous lands grab examples in Equatoria region. As reported by Oakland Institute, the deal was done on the back of Pojulu community of Mukaya Payam by fictitious Mukaya Payam cooperative with American New York based Investment Company, The  Nile Trading and Development. It was a 49 years lease of 600,000 hectares of land with option of additional 400,000 hectares of land. The company obtained exclusive right to exploit the natural resources in the covered area. The price was 75,000 South Sudanese pounds ($25,000), translated as $16 per hectare of land. The signatories were Magistrate James Yosia Ramadalla for Mukaya Payam cooperative and Mr. Douglas for Nile Trading and Development.

May be some of you know Mr. James Yosia Ramadalla in person. He lives in Juba but somehow manage to auction off the community land without their knowledge and consent.

Parjok and Owiny kibul of Magwi County: is another case of land grab in the state of Central Equatoria. The Uganda Defense forces were reported to have engaged in illegal logging of teak and appropriating South Sudan land to Uganda peasants and farmers.

Apparently we did not hear any cries of land grab from Equatorian elites in any of these cases. But they have been crying blood and wine accusing South Sudanese IDPS of Dinka background of land grabbing and occupation as pretext of their hatred of Jieng people.

And as reported by the Norwegian People Aid (NPA) and Oakland Institute (OI), the Mukaya Payam land deal was not done by Dinka politicians or generals, but by the Equatorians themselves.

There are other cases of land grabbed in Western Equatoria, Central equatoria, Jonglei and Western upper Nile that require separate article to discuss. Land grab is immoral and illegal practices, which is being perpetuated in large part by Equatorian elites at the back of their respective communities. It is a multi-million dollars scam which is unfairly blamed not only on the Dinka politicians and generals but on the poor and innocent IDPS in the region. Somehow, it seems that all Madi and Bari people were living in Nimule and Juba before the war. And who was then living in the villages if everyone claims to have lived in these towns?

It is possible that these illegal deals might have been discovered and addressed satisfactorily for which the author is not aware of. But the point is to show to the Equatorian elites some examples of land grabs in their backyard. They either intentionally over look them or were not aware of their occurring.

Perhaps the Equatorian elites need to tell us, the public how much Equatorian, Bari and Madi land have been grabbed, squatted on or occupied by Dinka and other Western Nilotic. Quite often, it is easy to claim victimhood and wrongdoing, and sometime difficult to substantiate or provide the proof of the alledged crime. What percentage of Madi or Bari land is Nimule or Juba town? Is the town of Nimule 30% or 50% of Madi land?

South Sudanese citizens of Dinka and Western Nilotic origin in Equatoria region cannot be reasonably and objectively labeled as land grabbers when in fact they did not appropriate any piece of native land. I have been to Juba, Nimule, Yei, Kapoeta, Torit, Yambio and Kaya. The Dinka population in these towns is residing within boundary limits of these respective towns.  None of them own any land in the adjacent and surrounding villages.

Dinka IDPS in Equatoria region in general and central equatoria in particular are citizens of the Republic of South Sudan. They have right to freedom of movement and residence as guarantee by United Nations declaration, article 12 (mobility right) and as enshrined in the transition constitution of the Republic of South Sudan (chapter 2; section 2 & 27).

The Equatorian elites can either declare unilateral independent or else they ought to stop land grabbing, Squatting, occupation and colonization nonsense.

Jay Johnson is a former SPLA freedom fighter. He participated in many battles in Equatoria region including the capture of Nimule and failed Juba town liberation during the early and late 1990s.  He can be reach at jayjohnson053@gmail.com


Mind of Malaka

Today, millions of Africans around the globe are lamenting the loss of Chinua Achebe. I am one of them. There is something eerie that goes on in the soul of a (presumed) writer when a fellow leaves this realm. It’s hard to explain, but it’s like that intense emptiness that rushes over you while watching your best friend get into a moving van relocate across the country. You wonder how you’ll ever survive, but in time, you figure out how.

I was not an early fan of Achebe. My education was fiercely Eurocentric, and when I switched secondary schools in sixth form I was bombarded with unfamiliar (and admittedly, uncomfortable) Afrocentrism. In my literature and higher English classes we were being ask – or required, rather – to read works of authors who were not White, male and dead…and I resented it. I would have rebelled completely, but 30% of…

View original post 568 more words

Sudan orders South Sudan oil to flow again

Posted: March 21, 2013 by PaanLuel Wël in Economy, Junub Sudan

AFP – Sudan on Thursday authorised companies to transport oil from South Sudan, in line with a timetable that will release billions of dollars in revenues stalled over security concerns.

“Ministry of oil gives directives to companies to reprocess, transport and export oil of South Sudan,” the official SUNA news agency said in a brief dispatch.

The South’s government in Juba last week ordered oil companies to resume production after a 14-month dispute with Khartoum.

But it may still take months for significant income to reach their treasuries because of technical issues, industry experts say.

South Sudan halted crude production in early 2012, cutting off most of its revenue after accusing Khartoum of theft in a row over export fees.
At talks in Addis Ababa this month, the two countries finally settled on detailed timetables to ease tensions by resuming oil flows and implementing eight other key pacts.

The deals had remained dormant after their signing in September as Khartoum pushed for guarantees that South Sudan would no longer back rebels of the Sudan People’s Liberation Movement-North (SPLM-N).

At the AU-led talks in the Ethiopian capital, Sudan softened its stance on the security guarantees, observers said.

http://www.globalpost.com/dispatch/news/afp/130321/sudan-orders-south-sudan-oil-flow-again

South Sudan presses ahead with alternative pipelines study
Yahoo! News (blog)
ADDIS ABABA (Reuters) – South Sudan said on Thursday it is pressing ahead with studies into new oil pipelines to Kenya and Djibouti following a deal to restore exports through onetime civil war foe Sudan. Information Minister Barnaba Marial Benjamin 
Sudan orders South Sudan oil to flow again
Al-Arabiya
Sudan on Thursday authorized companies to transport oil from South Sudan, in line with a timetable that will release billions of dollars in revenues stalled over security concerns. “Ministry of oil gives directives to companies to reprocess, transport 
South Sudanese President Willing to Develop Ties with Cuba
Prensa Latina
21 de marzo de 2013, 12:07Juba, Mar 21 (Prensa Latina) South Sudanâ�Ös President Salva Kiir expressed the readiness of his government to work to develop cooperation ties with Cuba in various fields on the basis of the historical friendship between both 

Sudan offers talks with Southern rebels
Aljazeera.com
Sudan has previously refused to meet the SPLM-N and has accused South Sudan of backing them, whose rebellion to overthrow Sudanese President Omar Hassan al-Bashir, began shortly after the secession in 2011. SPLM’s turbulent interaction with 
 
AU Welcomes Progress in Sudan-South Sudan Relations
AllAfrica.com
Addis Ababa — The African Union (AU) has welcomed the successful convening of a recent extraordinary meeting of the Joint Political Security Mechanism (JPSM) to report on the implementation of security agreements between Sudan and South Sudan.
South Sudan’s Kings and Chiefs in the Courts of Ghana
AllAfrica.com
A delegation of South Sudan’s Traditional Leaders (TLs) has completed a tour of African countries in which a successful synthesis of governance at the local and centralised levels has been achieved. Sudan Tribune caught up with the group on the Ghana 
Political Godfatherism, Dirty Oil in Clean Water?
AllAfrica.com
However, when man is fashioned to political evil, should he returns in his lifetime after retirement and ask for forgiveness to those he wronged? Who are forgivers and political godfathers in South Sudan? Let’s be one man, one nation for peace and 
Khartoum Must Establish Banking Presence in South Sudan, Bank Manager Says
AllAfrica.com
Khartoum — The General Manager of Sudan’s Export Development Bank Mohammed Rashid Mohammed Salem called for swift signing of cooperation protocols between the central banks in Khartoum and Juba in the wake of the recent rapprochement 
AU welcomes progress in Sudan-South Sudan relations
Sudan Tribune
The meeting, facilitated by the AU High-Level Implementation Panel (AUHIP), was held in the Ethiopian capital Addis Ababa from 16 to 19 March, and was co-chaired by South Sudan’s minister of defence, General John Kong Nyuon, and his Sudanese 
Omar al-Bashir, Sudan’s President, Intends To Step Down In 2015
Huffington Post
A Sudanese woman holds her crying baby while waiting at a transit camp before being relocated to Batil refugee camp July 16, 2012 in Jamam refugee camp, South Sudan. (Photo by Paula Bronstein/Getty Images) 
South Sudan: Madam Rebecca Nyandeng Urges Women to Prioritise Agriculture
AllAfrica.com
Juba — The Presidential Advisor on Gender and Human Rights Madam Rebecca Nyandeng de Mabior has challenged South Sudanese women to prioritise agriculture for commercial and subsistence purposes. Addressing women during the International 
There’s No Tribe Called ‘equatoria‘ in South Sudan
AllAfrica.com
Every single South Sudanese contributed to the liberation struggle in one way or another. And all of us have suffered under the devilish regimes in Khartoum; directly or indirectly. These ‘Arab’ leaders with bigoted perception of socio-political 

By Heskey Deng

It’s now eight years since the Southerners got chance to rule themselves through signing of comprehensive peace agreement (CPA), that birth independence, but we still revulsion ourselves, not to accepted our leaders, we elected them today, then tomorrow, we start bully, even we values them, Mr. X is better than Mr. Y, sorry for underrate woman here.  We threaten them to resign, so far our leaders are always bigoted and even storms by our interpersonal hatred, whether by slander or libel way.

Nationwide is sense the same wound, but the writer will deal with Jonglei state, as largest province in South Sudan, as many natives (citizens/ politicians) of this violate state are carp and fault the leadership of man at top, always crying and claiming that, the incumbent  governor Kuol Manyang Juuk has totally failed to united and protect the civilian of the six dialect tribes, as his leadership ethnic are futile, also {an} aged that limit his thinking capacity, block development and not add to peace and stability since he inherited that seat and latest elected, it just a intensify of insecurity, as home of rebels, killing and cattle raiding, many citizens on street and opinion writers opt calling for governor to resign, so that he may allow unbolt peace and freedom to the civilians, maybe they are right or wrong, but.

I won’t agree with them, that means, I want to be discriminating on this issue because if there is any persons or politicians’ claims that, if he/she become today governor of Jonglei state, then the turmoil insecurity will come to an end, he/she is big lying and also partly in persist insecurity in the state because the current insecurity, it has its kitchen somewhere, not cook by the governor, so the resign of governor, isn’t answer that will die away the diffidence.

Our inter-individuals loathing will not help us to sort out the current problems of the hand, to take you back a bit, at time of Hon: Philip Thon Leek, as CPA first governor of Jonglei state, after inter-communal conflict captured the ground, civilian dies on daily basis, people climbs to criticize his leadership model, that He is too slow, then failed to protect the civilians. Politicians and civilians threaten him to surrender his position through fair deal exchange with serving Governor. But once comrade Thon left state’s gate, our uncivilized mind reacted stupidly, saying the former governor (Thon) is better than Kuol, are we normal? Same things, we are thirty four, as some people take lead calls for the resign of the governor, they just want to confuse normal citizens; I don’t think is really way of doing things.

Of course,  guys, let try to weigh the situation before governor  than claim him to resign,  at era of former governor, people were even killing in Bor main hospital but day today situation, no such killing, that means governor didn’t fail, if “yes” then you would line up with me in saying that, situation is roughly calm, Kuol had pay his best to bring all the tribes together and he did it between dinka bor and lou nuer via nuer-gatweer, no inter-conflict, borders problem, pasture land clashes, raids and  water issues in dry season , only Murle are still boycott unity, prey of peace and this is their nature, also Country rebels David Yau, wasn’t  rebelling  for Jonglei government, but for nation.

Therefore, I am hereby to credited governor for his unwavering commitment to blend the civilians, be a role model in peace reconciliation, even if the killing and raiding are still taking courses, he plays his role, as we knew that, “Conflict is unavoidable”, that is what remaining now.

Bear in mind that, I am not relative with governor Kuol neither from one county, but I am a patriot and evenhanded citizen to cherish his leadership, although I know Kuol is rigid and radical, he works hard to establish peace but because we aren’t commercial with him, and we don’t accept him. That’s why sometimes he performs diverse. His presence, as governor, made Jonglei state to be respected and even fright Jonglei’s previous enemies to carry out their indiscriminate activities on a civil population.

However, if we have peace in our heart and we want freedom and peace in that troubled State, then let work with governments to unite people, if we united here, therefore civilians at the grassroots will do the same but if we move deeply calling for resignations, definite we confuse them then we are against peace and stability because our leader will come and go. So let governor finish his term, after his terms get expire, we tell him to move and allow our-wisher persons.

So if the governor has failed to plant peace, making Jonglei peaceful and stability place, and even to protect the civil population, then his state Assembly will be first to impeach him to resign, not any politicians/civilians in the street.

My curiosity and your desirable leader can’t heal Jonglei problems, but let accept him and join hands together to clear all the stagnant tribulations than we call for his resign. In fact, we have many problems, I can’t deny, limit of services to the citizens and poor physical infrastructure network available, mentioned a few, but this thing, can’t move us to {a} position of calling for his resign, because most of these are in the hands of national government.

If you look, the budgets that gave to Jonglei state is the same budgets to other nine States, while Jonglei state is largest province with eleven counties and civil populations according to the 2008 national census weigh against other states with eight, six and five counties, so here Jonglei monies finish for paying state workers {civil servant}, nothing left for development. Now which way do we indict him, while things are manufactured in Juba. It is better to point fingers to unproductive national legislative than our governor.

Again, the developmental funds aren’t given to the governor, are hand to your constituency representative {State and national government} are they one concern with constituency development funds (CDF), if they failed to do any things. You better cry for him/her, not governor.

In conclusion, insecurity in Jonglei state can’t cease by browbeat leader to resign or changing leaders, but by joining hands together, fights the same cause together with one mission. Let all of us be peace ambassadors, then we can earn peace and stability, but if we continue calling for walk out, then the enemy of peace will get ground for creating division among us and definitely we will end up in trouble state.

More so, insecurity in the state isn’t about Kuol Manyang Juuk, being governor, but it cooks somewhere to engage Jonglei state, delay development and scare NGOS, if you don’t know. So my fellow citizens, let not blaming and criticizing our governor to give up governorship. Let us thinks, a way forward to make our state peaceful and stability province to attract international organization and give development priority.

Open Positions with the MSI-South Sudan

Posted: March 19, 2013 by PaanLuel Wël in Jobs


Management Systems International (MSI) is a Washington, D.C.-based international development firm providing specialized short- and long-term technical assistance.  With more than 70 projects worldwide, MSI also implements projects in South Sudan and is currently looking for candidates for upcoming USAID-funded programs. 

 

MSI is seeking qualified candidates for the below positions.  Please see the attached documents for a more detailed description of each position. 

 

  • ·         Chief of Party for an upcoming USAID-funded youth program in South Sudan.
  • ·         Monitoring and Evaluation (M&E) Specialist for an upcoming USAID-funded youth project in South Sudan.
  • ·         Chief of Party for an upcoming USAID-funded local governance strengthening program in South Sudan.
  • ·         Chief of Party for an upcoming USAID-funded women’s advocacy program in South Sudan
  • ·         Deputy Chief of Party (DCOP) for an upcoming USAID-funded youth project in South Sudan.
  • ·         Chief of Party for an upcoming USAID-funded civil society strengthening program in South Sudan.

 

Please do not apply to these positions via email, but visit our website and apply via the “Careers” section:http://www.msiworldwide.com/careers/

 

Only candidates who have been selected for an interview will be contacted. No phone calls, please.

 

For more information on MSI, please visit our website at www.msiworldwide.com.

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South Sudan- COP South Sudan Civil Society – March 2013.doc
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Reviewed by Jacob K. Lupai

The book, The Genesis of Political Consciousness in South Sudan by Arop Madut-Arop, is fascinating. It is a brilliant piece of work on modern history of South Sudan. The book is wealth of information that should be of great interest to students of history, to researchers and indeed to those who are interested in learning in depth about the nascent country that is the 193th Member of the United Nations and the 54th of the African Union.

The author is meticulous in presenting primary information on modern history of South Sudan without being politically biased. As a professional he bases his discussion on facts gathered through credible research.

The book is well structured. It illustrates vividly the colonial past, political development, the liberation struggle and ultimately independence to South Sudan. The book is commendable as it provides the reader with wealth of information to be knowledgeable about the political development of South Sudan from prehistoric times to what it is now, a modern independent nation. It is original in piecing together information on modern history of South Sudan. The book is also a piece of brilliant journalism and deserves a high commendation for its contribution to knowledge.

It can be emphsised that the book is a must to students of social and political studies, and for research for higher degrees. The book is also a must to professionals. It is therefore highly recommended for public libraries to enable individuals to increase their knowledge of political development of South Sudan. In addition copies of the book are recommended to be stocked in libraries of institutions of higher studies for the benefit of students, teaching staff and researchers.

As little exists in the way of documentation for the history of South Sudan until the introduction of Turkiya (1821-85) in the old Sudan, the book is particularly a masterpiece on social and political development of South Sudan from the land where its people were raided for slaves by the Arabs to the land of proud people who fought fiercely against all brutal actions for colonization and marginalization.

Finally the book brings the reader with interest in South Sudan and the well-wisher to a happy ending by describing the emerging of South Sudan, at last, as a free and independent nation after protracted long and bitter armed struggle against marginalisation.


Moody’s: Petronas biggest beneficiary from South Sudan oil exports
The Star Online
KUALA LUMPUR: Petroliam Nasional Bhd (Petronas) is expected to be the biggest beneficiary from the resumption of oil exports from South Sudan, says Moody’s Investors Service. The ratings agency said on Monday the successful restarting of production in 
South Accuses Sudan of Launching Attack Despite Border Agreement
AllAfrica.com
Juba — South Sudan accused neighbouring Sudan of launching a fresh ground attack against its Northern Bahr el Ghazal State on Sunday, killing at least one civilian and wounding others just days after the two sides agreed to withdraw their troops from 
A Federal System and Kokora Are Two Different Things
AllAfrica.com
In the context of South Sudan some people may perceive a federal system and kokora as synonymous. However, it can be asserted that a federal system and kokora are altogether two different things. The confusion arises from a negative perception of kokora.

“We have no guarantee that oil flowing through the Republic of Sudan will reach its intended destination… we cannot allow assets, which clearly belong to the Republic of South Sudan to be subject to further diversion… For this reason, I call upon this august house to support the decision of the Council of Ministers to stop the flow of oil and search for alternative sources of funding to manage government projects,” Said President Kiir on January 23rd, 2012.

By PaanLuel Wël, Juba City, South Sudan.

Amidst the interminable woes dogging the infant Republic of South Sudan since it brazenly decided to shut down oil production in January 2012, there finally appears to be a dim light at the end of the darkest tunnel—the purported resumption of the oil export through Port Sudan within three weeks.

In as much as our past dealings with Khartoum are highly suspect and thus unreliable, one is compelled this time to notice something markedly different about this latest ‘agreement’ between Juba and Khartoum. Firstly, the Khartoum government has already commenced amending their ‘national budget to reflect the recent oil agreement with Juba.’ Secondly, the two countries have reportedly completed troop withdrawal from their respective disputed borders. Thirdly, for the first time, traders in the Sudan are talking about the ‘US dollar losing ground to Sudanese Pound in the black market.’ All these happenstances are taking place in the Republic of the Sudan, not in Juba.

You gotta believe them because they are the telltale signs of Khartoum having gotten tired of playing its usual card of diplomatic deceptions in the international arena and political manipulations of South Sudan. Indeed, too many agreements have been dishonorably dishonored between Juba and Khartoum since independence, but this might be, just might be, the end of that well-rehearsed and badly played game on the part of Khartoum, at the expense of the poor and the helpless baby Republic of JUWAMA.

That the closure of oil, one that I foolishly supported on nationalistic grounds, has gravely affected the economy of South Sudan is self-evident.

Congrats President Kiir,

In my opinion, this is the best decision that GROSS has to take given all options available to it. In fact, it is the best decision ever made in Juba since 2005!! I fully support the resolution because Khartoum is behaving like a thug in total disregard to international norms and the spirit of neighborliness. We rather borrow our way into another pipeline, no matter how long it may take, than tolerating blatant midday robbery of our national resources by Khartoum in collusion with the Chinese and other hungry-oil-seekers who have the power to bear on Khartoum belligerence but chose not to. Let see what the Chinese response would be now that oil is shut down. Did you notice how quickly they reacted when Khartoum dared to shut down the pipeline but opt to look the other way when Khartoum was stealing our oil? That is not friendship; it is Neo-colonization! Oil wells, economically speaking, can be used as mortgages, to borrow from the international community as the new pipeline route is being constructed. The borrowed money could be used to run the government till things settle down.

PaanLuel Wel (January 23rd, 2012)

What is unclear though is who has been affected the most between the poor and the rich, and who in particular should be celebrating the most about the grand re-opening of the oil pipeline? Is South Sudan different from its pre-independence state? Besides the National Flag, the National Anthem and the prestigious seat at the United Nations in New York City, are South Sudanese now better off economically than they were during the war of liberation?

These are seminal questions considering the state and the nature of corruption, tribalism and nepotism in South Sudan. The oil that is kept underground till our house is properly put in order is much preferable to the one flowing to enrich only the ‘chosen few’ whose ‘national headache’ do not go beyond the horizon of their stomachs’ appeal.

The second major worry is this: what course of actions would Juba take should Khartoum, basking in the full knowledge that Juba won’t dare to shut down the oil, start pilfering the oil again? What guarantees are already secured to ward off such eventualities? How does one go about guaranteeing the guarantees when one is confronted with a belligerent pariah state as the Sudan is?

By all measures, it seems South Sudan is only advancing, sorely unprepared and ill informed, to phase two of the circus, where it has, just like in the first phase, none of the plausible solutions on its fingertips. Caution, rather than celebration, should be our guiding salutation to the grand re-opening of the oil pipeline, should it materialize this time round.

PaanLuel Wël (paanluel2011@gmail.com) is the Managing Editor of PaanLuel Wël: South Sudanese Bloggers: He can be reached through his Facebook page, Twitter Account or on the blog: https://paanluelwel2011.wordpress.com/


Sudan and South Sudan completed troops’ withdrawal, JPSM member
Sudan Tribune
March 17, 2013 (KHARTOUM) – Sudan and South Sudan armies completed the withdrawal of their troops from the disputed border areas, announced a Sudanese high ranking officer on Saturday evening. Speaking from Addis Ababa to the Sudan TV Lt 


Sudan border rebellion risks unravelling South Sudan deal: UK envoy
The Star Online
JUBA (Reuters) – Sudan’s simmering border rebellions could yet unravel a freshly signed deal withSouth Sudan and jeopardise the expected resumption of the South’s oil flows through Sudan, a British envoy said on Friday. Sudan and South Sudan
South Sudan Orders Oil Companies to Resume Production
AllAfrica.com
Juba — South Sudan ordered oil companies and pipeline operators to immediately resume production of crude oil for delivery to international markets through Sudan on Thursday, a move seen as part of its commitment to implement an agreement signed this South Sudan to Truck Oil Through Ethiopia, Djibouti for Export

Nazret.com (blog)
South Sudan’s government said it signed an agreement with Ethiopia and Djibouti that may enable the East African nation to export oil by truck from July, while a study on a pipeline linking the three countries is completed. An accord signed on March 12 

Oil the Focus of South Sudan Listeners’ Comments
Voice of America
If you’d like to comment on a story that affects you, email us atsouthsudan@voanews.com or send a text message to 09 55 58 44 07, if you’re insideSouth Sudan. If you’re outside the country, dial the international dialing code, followed by (211) 955 

 


THE EASED AFRICA I WANT

Government spokesman Barnaba Marial Benjamin said the investigation into Awuol’s assassination was ongoing and rejected Biar and Ngong’s harassment claims. “It is mud-slinging on the government. It is not true. If it is true, bring it to the police,” Benjamin said.

About his police that he believes in to handle our security cases, we remain suspicious that some of the elements of this law-enforcing organ are behind the terror witch-hunt against our citizens. This is seen in one of my previous conflicts with an ‘investor’, who was shielded by Marial himself and the police to the extent that he got away with my magazine, South Sudan Business Review, a reformed business branch of The Younique Generation Magazine, its first sequel, The Liberator, having been commandeered by the SPLA 4 years before.

This response to Reuters’ journalist by our official government spokesman, who is equally my Minister for Information (and Broadcasting), came to me as shocker news…

View original post 1,666 more words


South Sudan to Truck Oil Through Ethiopia, Djibouti for Export
Bloomberg
South Sudan is considering building two pipelines, one via Ethiopia and another across Kenya to the port of Lamu, as an alternative to the conduit that runs through neighboring Sudan. South Sudanhalted oil production in January 2012 after accusing 
After a long fight for freedom, South Sudan cracks down on dissent
Reuters
Unwrapping the parcel, the South Sudanese poet-cum-activist found a jawbone, a bullet and a death threat signed by a group that called itself the Committee for the Operation to Restore Patriotism inSouth Sudan – CORPSS. The handwritten note warned him 
Educating South Sudanese Students with MP3s
Huffington Post (blog)
Having recently emerged from nearly four decades of conflict in which two 2 million people were killed and four million displaced, everything in South Sudan needs to be built or rebuilt. As the world’s newest country, it also has the world’s lowest