Opinion | South Sudan a contested state in search of nationhood

By Prof. Simon El hag Kulusika

OPINION – In order for South Sudan to move forward in search of Nationhood based on modernity there are needs for the political elites, academicians, theorists of all walks of life Clergy Mosques leaders, traditional leaders and any persons who engage in any discourses about Nationhood and perfect governance to begin to rethink about their conceptions regarding those central issues of nation building in South Sudan and the reciprocity between government and citizens (the people).

This article tries to consider those matters for purposes of debates. A preliminary proposition is that South Sudan as a State is under threats by contests between the rulers in Juba and various armed groups challenging the authorities of the rulers in Juba. This raises the question whether South Sudan exists as sovereign State as defined under international law. A question that I answered in my previous article in the affirmative, but doubts have creot upon it.

The other proposition is that South Sudan is facing not a single nation but several nations: the Dinka are a nation as is the Bari, Zande, Annuak, Ma’di, etc, so that it’s difficult to speak of Nationhood. As such the thinkers referred to above must rethink these matters for South Sudan achieve real national integration and avoid divisive arguments and armed confrontations.

There are 249 countries in the world. All claim to enjoy all the attributes of states as defined under international law. (Those attributes were examined by the same author in two separate articles). By such claims these countries are stressing the attribute of Sovereignty as well as that of nationhood. That is they are independent unfettered by internal or external constraints and capable of acting as one people or nation. They can do or undo what their Constitutions do not prohibit or outlaw.

These states can be categorized into many classes: some are referred to as Unitary. Others as Monarchies. Then there are those called as Federal States, or Quasi – federal States. And there are some very few that style themselves as Confederal States. All of them without exception have witnessed within the last five years series of protests, demonstrations, civil unrest, violence and outright armed insurrections. Such sad events that have caused deaths and mass damages and destruction to public and private property are or may be attributed to the erosion of effective governance solid sense of nationhood, belonging to the same and the absence of reciprocity between government and citizens.

What do we mean by effective governance? (Assuming that one understands what nationhood entails). Governance is derived from govern. That’s to rule, reign over, command, manage, or in slang one may say, ‘call the shots’. Governance may be effective where those tasked to rule have capabilities to deliver services to the citizens across the country without favour to particular classes of people or ethnic groups. Governance may also be characterized by habhazardness resulting in discontent and loss of confidence in the governing elites. Governance in a state is carried on by officials of governmental institutions and agencies. This can be done according to state or public laws where the rule of law prevails. In some cases officials act contrary to the provisions of the supreme law of the land – the Constitution, that might arouse protests and lead to violence; the world community had witnessed in USA, France, Spain and recently in South Africa (SA), for example. Such protests and unrest are indicators that new conceptual tools must be found to articulate workable conception of effective governance.

Reference to democracy, socialism, Communism etc is no longer satisfactory. For example, in Sudan President Nimeiri called his regime as Democratic far from reality. In Easy Germany the communists called their state as German Democratic Republic (known as DDR), where Citizens were shot like rats as they attempted to flee atrocities in DDR, in contradiction to Democratic values, as understood in legal modernity.

If France, Spain, Italy or USA should address the problems of Governance and Nationhood, then one could claim that South Sudan is in a much perilous situation regarding effective governance and collective nationhood. Just over ten years in existence one should not expect South Sudan to fare much more robustly than the countries refereed to for purposes of illustration. But the scholars of South Sudan, in particular political scientists, anthropologists, economists, constitutional experts and professional lawyers must begin to rethink the concept of good governance and nationhood for South Sudan.

The political and economic systems prevailing in South Sudan are more or less adopted from Khartoum, Kampala, Nairobi and coloured by borrowing from Britain and to some extent the USA. All these are proving unfit for South Sudan. A country like South Sudan bogged down by years of tragedies and held under the shackles of rigid ethnicity and the glorification of traditions which are challenges to Democratic and economic transformation cannot be governed under the political and administrative rules inherited from Khartoum, because that system perpetuates despotism and favoritism a danger to nation – state building.

The stance of this article is that South Sudan must be ruled on the basis of perfect or viable Federalism or Confederalism (this for a transitional period of ten years followed by a referadum to find out its suitability for South Sudan). Because any one of them promote equality, solidarity and unity.

Federalism is desired for South Sudan as it affords the people of the state chance to partake in governance matters and also reduces cries of domination. To make this a reality the number of states must be increased to 21 states: 6 for greater Equatoria; 7 for Greater Upper Nile and 8 for Greater Bahr Al Ghazal. Each state shall have the three branches of government. The head shall be elected and can be removed by impeachment to guarantee political stability in the state. The national government is ruled by an impeachable Executive president. The president appoints all senior officials of national government including superior justices who are only removable by impeachment or on recommendation of committee investigating misconduct of the justice in question. Other matters remain equal.

As regards  Confederal system comprising Equatoria, Bahr Al Ghazal and Upper Nile or any viable numbers, it has to be studied by a panel to detail its formal shape. There should be a Confederal council as a supreme governing body to dispense with Executive president. The members of the council shall hold the chair in rotation for the duration of the term of the council. Within each Confederal states there shall be self – ruled provinces along with a legislature but no separate judicial organs. Head of province may be referred to as governor or first minister, etc.

The current system of Devolution of power negates the principles of participatory democracy, respect for the wishes and aspirations of the people of South Sudan. In fact Confederalism accords with the political organizations of all the ethnic groups in South Sudan (consult Prof F. Deng books on the Dinka).

The only reservations that would be made are about the political and social organizations of the Ma’di, Zande and Sheilluk. Federalism or Confederalism offers better opportunities for setting the people of South Sudan free from their traditional mind set and allow them to open up to modernization. It fosters a stronger nationhood bonds and progressive coordination and collaborative interactions between and among ethnic groups a facilitative and firm foundation for nation – building.

The author is a professor at the Zambia Open University. Reach him via: simonkulusika@gmail.com.

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