Perceptions and Practices of Federation in South Sudan

By Acuil Malith Banggol, Juba, South Sudan

January 20, 2017 (SSB) — Dear Compatriots, Look and examine these quotes:

“… The Judiciary of Southern Sudan and the legal fraternity in Southern Sudan, as a whole, have the monumental task of developing our legal system, based on common law and our traditional legal heritage, which has to be researched into, ascertained, harnessed and made available for the purposes of sourcing our legislative process, among other things. Our governance must be well grounded in our traditional laws and customs. It must be borne in mind by all that this has been one of underlying causes in quest for freedom and human dignity. Our culture identification and development in all its forms must be unchained and facilitated to reach the same heights, as is the case elsewhere in our continent or the rest of the globe for that matter…” President Kiir, June 3, 2006

Another Quote:

“… Need I to remind anyone that among some of the underlining causes of our resistance must have been the need to maintain our Culture, Legal and other areas of identity… Apart from the normal Judiciary work assigned to judiciary authority in our government structure, I wish to remind ourselves: our government, the legal fraternity of Southern Sudan and our Parliament, that we in Southern Sudan are duty-bound and have unique opportunity to work hard at developing our legal system based primarily on our traditional law and customs, our way of life and ethos…” Justice A. Riny Thiik, June 3, 2006.

In their report: The Principles of Federalism (2012: 17-18), the experts on Swiss Federalism wrote:

“… Efforts to deny or suppress multiple identities within a diverse society have almost invariably let to contention, secession or civil wars. An essential element therefore in federation encompassing a diverse society has been the acceptance of the value of diversity and of possibility of multiple loyalties expressed through the established of constituents units of government with genuine autonomous self-rule over those matters most important to their distinct identity. Equally important has been the recognition of the benefits within a diverse society to be derived from shared purpose and objectives providing the basis for the parallel processes of shared rules…”

Our genuine autonomous self-rule like Wud in Dinka, Pac in Chollo and Cheng in Nuer. We should not cut-paste the federalism that emerged out of feudalism and kingdoms. Our federalism is Wud and is not relying on center assimilating or making others subsidiaries of the center. This is coped from colonization. We should not destroy Wud. Traditional Communal Federal System (TCFS) to create new artificial institutions that rely on exploitation like western style nation states. We are pleased with numbers of administrative states making greater three regions of Bahr el Ghazal, Equatoria and Upper Nile. I am pleased with trio-leadership brought about by CPA 2005 and ACRISS 2015.

Please try to read and not rely on hear-saying

Assess the following from your Constitution:

Constitutional Mandate on Communities and TALs and TCFS

Article 2 of SSTC 2011 mandates: Sovereignty is vested in the {P]eople[s] and shall be exercised by the [Nation] State through its democratic and representative institutions established by this Constitution and the law.

Article 33 of SSTC 2011 mandates: [Nationalities], Ethnic and cultural communities shall have the right to freely enjoy and develop their particular cultures. Members of such communities shall have the right to practice their beliefs, use their languages, observe their religions and raise their children within the context of their respective cultures and customs in accordance with this Constitution and the law.

Article 36(4) of SSTC mandates: The composition of governments shall take into account ethnic, regional and social diversity in order to promote national unity and command national loyalty.

Articles 47 on Decentralized System of Government, article 48 on Devolution of Powers and article 49 on Intergovernmental Linkages.

Article 167(1) of SSTC 2011 mandates: The institution, status and role of Traditional Authority, according to customary law, are recognised under this Constitution.

Article 168(2) of SSTC 2011 mandates: Legislation at the National and state levels shall provide for the establishment, composition, functions and duties of Councils for Traditional Authority leaders (COTAL).

Traditional Communal Federal System (TCFS) known as chiefdoms or kingdoms existed and continues to exist as a societal nation state whose main economic main stay was and continued to be a productive economy (livelihood) and collaborative economy of self-reliance founded on Communal land ownership, kinship and family labour.

Article 38(1)(f) of SSTC 2011 mandates: All levels of government shall protect, preserve and promote the cultures of the [P]eople(s) which enhance their human dignity and are consistent with the fundamental objectives and principles set out in the Constitution.

Section IV.11 of SPM Constitution 2008 principle of federation: The system of governance will be premised on

(a) restructuring of the power of the central government in a manner that would take into account the interests of all the [South] Sudanese, especially those of marginalized regions, [small population nationalities], and impoverished socio-economic groups, and

(b) a decentralized power structure redefining the relation between [Capital] and the regions [states] with a view to devolving more federal powers to the regions [states] and, where and when necessary, full autonomy.

Characteristics of Federation in South Sudan

South Sudan system of government is federation because it recognizes unity in diversity in accordance to articles 33 and 36(4) of SSTC 2011 and is explicitly composed of mandated three levels of governments as follow:

National Government (articles 50, 51, 52 and 53 of SSTC 2011}

State Government (articles 162, 163, 164 and 165 of SSTC 2011}

Local Government and Traditional Authority (articles 166, 167, 168 of SSTC 2011)

System of South Sudan Federal Powers is legislated under five Schedules as follow:

Schedule (A): 58 National Powers

Schedule (B): 42 Powers of State

Schedule (C): 33 Concurrent Powers

Schedule (D): Residual Powers

Schedule (E): Resolutions of Conflict in Respect to Concurrent Powers

Perceptions and Practices of Federation in South Sudan

Trio Leadership, Greater Regions, Greater States, Greater Counties, Greater Communities and Extended Families recognized in rotational leadership and apportioning of constitutional positions at national, state, county and payam crowned with a TCFS under a TAL, Big 5, Council of Elders, women and youth unions, people with special needs and veterans affairs.

Constitutional mandates and policy directives recognizing incorporation and involvement of TALs on peaceful coexistence, mutual recognition and matters of local interest.

Historical and common destiny collaborative federation in resistance BC, 1947 Juba Conference, 1955-1972, 1983-2005, 2005 to 2011 armed, political struggle and referendum

Jenuubeen, Presidency, Constitution, Judiciary, Polices, Currency, Defense, Custom, International Relation.

Oil proceeds from Paloch and Therjath in Greater Upper Nile

Juba, Capital Cities and Urban Lands and Water Ways and Trunk Roads.

Some Most Distinct Federal Systems in the World

The Ethiopian Ethnic Federation is a negotiated mixture of holding together and coming together of Nations, Nationalities and Peoples supremacy and sovereignty with House of Federation interpretation of the Constitution through consensus allowing the right to self-determination on governance.

Indian and Indonesia Ethnic Federalism founded on ethnic federalism and thousands of islands.

USA is coming together through civil wars to annex regions of States with unitary language, system of governance and diverse judicial jurisdiction with Supreme Federal Court interoperating the Constitution and a mixture of federal powers arrangement and Presidency.

Switzerland is coming together of administrative states known as Cantons and collaboration of four greater linguistic and ethnic groups of (1) Germans, (2) Italians, (3) French and (4) Romantich with Collegial Presidency and Direct Democracy through repetitive plebiscites regulated by law.

Belgium is holding together of linguistic, ethnic and political entities.

German Confederation founded on a treaty of 39 kingdoms and several ethnic groups with Federal Supreme Court.

In conclusion:

Trio Leadership, Greater Regions, Greater States, Greater Counties, Greater Communities and Extended Families recognized in rotational leadership and apportioning of constitutional positions at national, state, county and payam crowned with a TCFS under a TAL, Big 5, Council of Elders, women and youth unions, people with special needs and veterans affairs.

Constitutional mandates and policy directives recognizing incorporation and involvement of TALs on peaceful coexistence, mutual recognition and matters of local interest.

Historical and common destiny collaborative federation in resistance BC, 1947 Juba Conference, 1955-1972, 1983-2005, 2005 to 2011 armed, political struggle and referendum

Jenuubeen, Presidency, Constitution, Judiciary, Polices, Currency, Defense, Custom, International Relation.

Oil proceeds from Paloch and Therjath in Greater Upper Nile

Juba, Capital Cities and Urban Lands and Water Ways and Trunk Roads.

Let us have our own federalism by the communities and for communities. Build the capacities of our farmers to improve their cattle, goats, cereal, rice production and tree growing. Giving the technology not services. They need stability and not power sharing that I call looting sharing of some elements like you confusing our communities that we shall deliver services to them. SPLM call for emancipation from vulnerability. Our communities are not poor and they are not colonized to be confused with slogans of services delivery.

Please let help our communities with real meaning of Taking Towns To Rural Peoples. It is institutional structures and organizational culture that should give them skills and knowledge to start making wealth and paying taxes.

Our Peoples opted to fight for liberation. They were only organized by SPLM. Then SPLM champion their aspiration to wage the war of liberation. SPLM led them to 2011 Referendum. SPLM shall help them improve on their socioeconomic and cultural capacities through taking institutions of towns.

Please let us stop the misleading call by some of us the intellectuals that we are getting salaries and stealing on behalf of our communities. The idea of political pressurism through mutiny and defection or attacking J-1 or doing media war fare. The method of disgracing and washing our dirt in public has paid. But take a moment and go tell our People that it is the People who should be productive and powerful to make their country powerful.

Stop media war and start dialogue to give peace a chance so that our communities could develop themselves. Your war against leadership though is paying. It is only paying those who are seeking power sharing- Looting sharing

Your views on Taking Towns to Rural Peoples is confusing. In 2010 elections I participate in design and supervised Unity State and Warrap State. SPLM did not mention services deliveries. It was Referendum.

Now we are not going to follow suit and loot like those who have looted in name of our Peoples. SPLM message shall be Freedom, Peace and Prosperity. Peace through dialogue. Prosperity through wealth creation and services delivery. Go to U-TUBE and listen to John Garang on: What is the State?

Revolutionary Regards

You can reach the author via his email: Acuil Malith Banggol <rumbek_star@yahoo.co.uk>

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