Sudan - The Lengthy Journey to the Southern Independence

Sudan: The Lengthy Journey to the Southern Independence

Paper Presented By:

Laguya Kenyi Lupai, BA (Hons), MA (Cand) School of Postgraduate Studies & Research

Kampala International University

To:

The Kampala International University Sudanese Students’ Association and the Wider South Sudanese

Community in General

On the Occasion of:

The Inaugural Independence Celebration of the Republic of South Sudan

Saturday, July 9, 2011

© Laguya J.S. Kenyi Lupai, 2011

All rights reserved. No part of this paper may be reprinted or reproduced or utilized in any form or by any means electronic, mechanical or other means now known or hereafter invented, including copying and recording, or in any information storage or retrieval system, without permission in writing from KIUGESSA and/or the author.

Comments and/or inquiries may be directed to: [email protected]

This paper is presented under the auspices of:

The Kampala International University Sudanese Students’ Association (KIUSSA) and the Kampala International University Greater Equatoria Sudanese Students’ Association (KIUGESSA)

Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai

Sudan: The Lengthy Journey to the Southern Independence Written at the Eve of the South Sudanese Independence*

By Laguya Kenyi Lupai, B.A. (Hons), M.A., PAM

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just

powers from the consent of the governed,--That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new

Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.1

Abstract

It is no doubt that South Sudanese throughout the world are celebrating the birth of their own sovereign nation today. Over the past years, however, the true ownership of the revolutionary narrative has been hijacked by certain individuals and sections of the country’s ethnic diversity. This has led to the subsequent marginalization of the vast majority of the other ethnic groups. The government established in Southern Sudan during the interim period was but a mere dramatization of this hijacked reality. Consequently, the core values of the revolution which kept Southern Sudanese together irrespective of their diversities were compromised, resulting into bad governance. This yielded resource mismanagement, unequal ethnic and regional representation, continuous gender imbalance, and security lapses among others. The independence being joyously celebrated today would not mean anything significant if the new republic does not relive the core values of unity and ethnic cohesion that characterized the decades of the struggle. Central to any reform must of necessity include meaningful decentralisation and federalism, agricultural revitalization, and the inclusion of women in public affairs. Public policies must now be geared towards promoting foreign investment and an open and fair platform for political participation. Fiscal policies must be pro-poor, involve pro-poor planning, promote pro-poor investment, characterized by pro-poor spending and pro-poor accountability. The new nation must build roads, including much needed health and educational facilities among others. Until then, today’s celebration would be meaningless, and the emerging new nation might continue being an exact replica of the Sudan it has triumphantly seceded from, bearing the same odd conditions that initially led to the South’s revolt.

Introduction and Significance of this Day

aturday, July 9, 2011 shall go down and remain in the history of mankind and South Sudanese in particular as the day of independence for the long-sought-after and overly-awaited Republic of South Sudan. It will forever be reckoned as the day in

which the people of South Sudan attained their own political sovereignty and statehood. It

* Article written prior to 9 July 2011 in Kampala in commemoration of the South Sudanese independence

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai will, in this same footing, be remembered as the day in which the people of South Sudan triumphantly chose to dismantle the political marriage between what was northern and southern Sudan. It will now and forever symbolically represent the successful culmination of our long walk to freedom. It is a rebirth of the South Sudanese polity; so that, behold, we are politically born again. It is the day Southern Sudanese altered or abolished their union with Khartoum in pursuit of liberty, happiness and other inalienable rights as endowed upon the entire human family by its sacred creator. It is the birthday of this political bride known as the “Republic of South Sudan.”

The Multiplicity of Actors in the Quest for our Independence It must often be remembered, though, that the attainment of this new republic was never at ease; nor at such a manner as the blink of the human eye. Indeed it was not a walkover for the people of South Sudan. It was a tiresome, frustrating and demanding journey that involved an intricate cluster of different interdependent selfless units and personalities. It drew together Sudanese from all walks of life: students, teachers, farmers, traders, housewives, children, intellectuals, politicians, soldiers, drivers, Christians, Muslims, animists, pagans, hunters, fishermen, doctors, and nurses, among all others. It drew together all regions and tribes. Similarly, it involved the role of local and international political, religious and civil society organizations in the same spirit as were friendly countries within the African Union, the European Union and the Americas, among others. Undeniably, the independence of South Sudan is much a success of the refugee abroad and the internally displaced person as it is of the combatant in the frontline; of the farmer who fed the forces as it is of the envoy who lobbied for support in foreign lands; of the widow and orphan as it is of the commander in the warzone; of the peace-loving Arab comrade who joined efforts with us in the liberation struggle as it is of the Southerner himself; of Christian evangelicals in the United States who sometimes pressurized their government into adopting certain specific policies towards the Sudan and Southern Sudan in particular as it is of the South Sudanese national; of all South Sudanese tribes and ethnic groups collectively as it is of no-specific group among them. Deduced from this truly selfless combination of efforts, it would therefore be a huge mistake for any section of the South Sudanese society to unilaterally or single-handedly claim and declare itself, whether in public or private, as the sole architect of our commonly earned statehood. Our independence is the collective effort and success of all South Sudanese regardless of individual, tribal or sectional groupings; of northern peoples who supported or sympathized with our struggle; of East Africa; of the United States and indeed of the wider international community. Our rich texture of ethnic, religious and political diversity should be a unique blessing for us in the new republic and not a cause for division. May great political and moral rewards come upon those politicians and other calibre of individuals who can foster ways for our citizens to truly live together, learn together, work together, and forge new peaceful ties that bind us together for the betterment of the whole nation. History will often hold this to be self-evident, that all South Sudanese were united irrespective of their profession or ethnicity in the course of their liberation struggle - for it will not forgive those who may adhere to think otherwise in their quest for self-gratification and undue monopoly of the new nation’s affairs and resources.

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An Overview of the Reasons leading to the Struggle for Our Independence It is fitting, while we celebrate our independence, for us to critically bring into focus the reasons why we deemed it necessary and thus within our inalienable rights to alter and effectively demolish the superficial national ‘union’ that was once the Sudan. What went wrong to warrant this secession? What ought to have been done to avoid this irreversible occurrence? Who or what is to blame? Generally, a number of reasons have been put forward to justify the necessity of the liberation struggle for our independence, although as Wani Igga (2008) argues, “if we were to start from [the 1956] pre-independence period transversing through the post-colonial era, counting the causes [of the Southern grievances] would be like counting sand.”2

Politically, several factors made the liberation struggle and the call for southern independence very inevitable. According to Peter Adwok Nyaba (2000),3 in his book entitled “The Politics of Liberation in South Sudan: An Insider’s View,” South and North Sudan were administered as separate entities with formal travel and consular arrangements between them by the colonialists during the Anglo-Egyptian Condominium, but were only annexed together in 1947. This means that what was referred to as the “Sudan” before 9 July 2011 was of a recent loose creation. Politically and administratively, the South was never really part of the northern establishment. It is partly for this reason that southern politicians, students, civil servants and intellectuals therefore conceived and propagated the idea of having a sovereign state of their own in the South.

Still within the political domain, the British concentrated all manner of political development in the north during the colonial era. The few political positions and entitlements given to non-Europeans in the country went to the Arabs, much to the further exclusion of the native Blacks. The resultant effect of this policy was the political development of the northerners more than their southern and other regional counterparts. Consequently, when the country gained independence in 1956, the northerners immediately became the new rulers and assumed the status of ‘first class citizens’ in the country following the departure of the British. The notorious nature of governance that was once overseen by the colonialists to the detriment of nationals also immediately became the only example there was for the various post-colonial administrations to emulate. The new guards of the system became the Arabs; and, the non-Arabs; the victims. In fact Alfred Sebit Lokuji (2011)4 argues that “among postcolonial countries on the African continent, Sudan can be described as the “most violent state towards its own citizens.”” Almost all political and administrative posts throughout the country were henceforth manned by Arab northerners. This, too, further necessitated the revolutionary struggle and aggravated the call for the southern independence.

Within the same political arena, another factor is that of the ‘divide-and-rule’ policy adopted by politicians and governments in Khartoum in their quest to silence the South over the country’s political processes. Due to the fear of the unity among Southerners, politicians and various governments that have come and gone in Khartoum adopted a policy of splitting the southerners into parts (regions or provinces), not for the sake of improving governance, but for purposes of effective northern control under the disguise of decentralisation and federalism. Whereas the policies of decentralisation and federalism are currently some of the most highly adopted and encouraged political reforms worldwide, the manner in which Khartoum adopted and introduced them in the country and particularly in the south was primarily derogatory, as the main objective was the exertion of absolute political control over Southerners by way of destroying their unity and participation in politics to the advantage of Arab supremacist tendencies.

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Another domain significantly constituting the cause of the war is that of unequal development between the North and South. In colonial Sudan, most developmental projects were concentrated in the North to the detriment of the South. After independence in 1956, most regions of the country, including the South, hoped to see a change to the status quo. They hoped the post-colonial administration in Khartoum would this time round pay attention to and promote equitable regional development across the country in its entirety. On the contrary, such hopes were all unsuccessful since the government that immediately took over from the British and its successors further marginalized and underdeveloped the South even the more.

According to Nyaba, central to this uneven development was education. He argues that two distinct sets of educational systems evolved during the colonial era and continued thereafter. In his argument, he says “the South had no access to education facilities except from Christian missionaries, who were as a matter of policy assigned the complete monopoly of running the school system in addition to their Christian proselytization.” The Christian education given to Southerners stressed the separation of the state from the church, and thus lacked the incentive for engaging in political activity which could challenge the authority of colonial administration or the ones that came after independence. This particular educational indoctrination ensured that Southern Sudanese did not participate in politics, and that anyone seen practising political dissent was punished and dismissed from either the school or their jobs. It is for this reason that Nyaba argues that “the education system dispensed to South Sudanese during the colonial rule and after independence retarded the evolution of their national consciousness and awareness.”

Northern Sudan, on the other hand, was not subjected to the same educational and political indoctrination. The school syllabi that existed in the North were either secular or Islamic in nature. In any such system, effective political consciousness or awareness falls within the core of education. In addition, the North’s closer proximity to Egypt and the Arab World meant that it was in fairly equal immediacy to Egyptian education, political awakening and Islamic culture. “As a result,” so argues Nyaba, “they acquired political skills in organization, agitation and action,” while adding in contrast that “the South Sudanese remained trapped in political backwardness.” Despite this oppression, though, Southern Sudanese political consciousness developed and continued to flourish day-by-day.

Within the unequal development causative, the provision of other public services and developmental projects were formulated and carried out in a similar manner, one that deprives Southern Sudanese of their legitimate right and access to the country’s wealth and providence. Road, air and rail transport, for example, were accorded more government attention in the North than in the South and other similarly marginalized regions. Hence, the need for a revolution – and indeed liberation - determined to improve governance and enhance the respect for basic human rights and freedoms - grew more and more. To a large extent, we were also encouraged in our protracted struggle by certain aspects of international law, perhaps most notably the Universal Declaration of Human Rights,5 which clearly argues that the “will of the people shall be the basis of the authority of government,” and that “everyone has the right to take part in the government” of his or her country.

Furthermore, differences in and observance of religion, especially in the early 1980s, is yet another fundamental reason why a grassroots’ revolutionary movement, in the name and form of the Sudan Peoples’ Liberation Movement/Army (SPLM/A), was formed to challenge the Khartoum political establishment. While the North almost predominantly comprises followers of the Islamic faith, the South almost entirely comprises Christians, with some pockets of Muslims and followers of other religions. Over the years, however, ruling political

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai and juridical Khartoumers have been reluctant to work towards unity amidst this religious diversity. Under a conventional and truly peaceful endeavour, the best practice would have been the adoption of a secular state, one where the forces of religion do not form the basis for or the means of jurisprudence and public policy. Accordingly, the adoption of Islam in September 1983 as the state or official religion of the Sudan; and the subsequent promulgation of Shari’ah as the supreme law governing the country, further aggravated the call for a revolution by Islamic moderates, non-Muslims and especially Southerners and other marginalized peoples. For peace and tranquillity to prevail in a society of religious multiplicity, there must be religious tolerance by members of all groups. There must be acceptance and appreciation of each other even as there might be differences in the tenets that comprise each conviction. Therefore, for a particular religion to be singled out among many as the official dogma governing society in general, and adopting its principles as the basis for public judicature, is to segregate on an otherwise peaceful society and deliberately institute hatred amongst its members while establishing strong foundations for a potentially destructive conflict that would be unhealthy to the nation in general. In dealing with religious tolerance and freedom of conscience, the Universal Declaration of Human Rights has a wonderful helpful principle:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.6

In addition, cultural variation between Northerners and Southerners also places the two regions into two broadly distinct categories. In the main, Southerners practice the African way of life whereas Northerners practice Arab culture. While the Southern culture is shaped by Christianity, African religion and traditions, the Northern culture is influenced by Islamic and Middle Eastern traditions. But above all, the tendency by the North to culturally and linguistically arabize the South became an unwelcome move and strategy, and hence drew a steadfast opposition from Southerners manifested through the courage and form of a revolutionary military engagement.

Immediately after independence from the British colonialists, the Northerners sought to redefine the Sudan as an Arab Islamic state. This yielded a negative identity effect amongst the African Christian people of Southern Sudan and other parts of the country. According to Fr. Hiiboro (2008), “the South is socially, geographically, culturally, and economically orientated toward the bulk of Africa south of the Sahara” than to the Arab Islamic world. He further emphasizes that the South’s “ethnic communities, split by colonial borders, still maintain their expanded family interaction.”7 Lokuji concurs with this analysis by arguing that “since independence, the GOS† has denied being “African,” and has tacitly chosen to portray Sudan as Arab and Muslim, preferring classification as a North African or Arab and Middle Eastern nation due to its affiliations and associations with Arab Countries.” The redefinition by Khartoum brought a serious conflict of identity and belonging. It is for this reason that Hiiboro thinks there “was no genuine unity between the South and North,” therefore adding, in part, to the necessity for independence.

† That is, The Government of the Sudan

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The Cost of Our Struggle for Independence While we joyously celebrate this truly historic occasion, we also take time to recall and contemplate the immense cost that we had had to incur in the course of our liberation struggle. We genuinely recall that the journey to today’s occasion had not been easy at all. We remember the millions of innocent lives that we had to sadly lose in order that we may be liberated today. We remember the brothers and sisters who had had to part with certain parts of their bodies or had them mutilated in the quest for our peace and liberty. We equally commit to our sacred memory the guiltless women and children who succumbed to death at the hands of indiscriminate aerial bombings both in the frontlines of and in zones far away from military combat. All the lost lives are our highly revered heroes and heroines, and are the most expensive and painful price for our struggle for sovereignty and statehood. We salute their gallant courage and selfless sacrifices with the greatest manner of respect and humility.

Apart from costing us our lives, our independence also cost us our property. It led to the destruction of our farms, our schools, our hospitals and other health facilities, our roads, our shops, and even more, our livelihoods among others. Over the course of our struggle, we had to part with our means of living and were but just marginally surviving. As a result, the quality of our lives deteriorated considerably. Our children had to grow up without proper education and healthcare; our mothers suffered miserable lives because they could not have access to or afford better healthcare, and thus we often sadly lost them to high child and maternal mortality rates.

In the social spectrum, the course of the liberation struggle saw an ever increasing number of orphans and widows, as were the injured or wounded heroes. Homelessness and psychological trauma even continued to silently kill us the more. Indeed the whole experience was not easy at all. However as we enjoy its fruits today, our spirits are exalted for a work well done and for a revolutionary course of action well led and undertaken. Today is our day; the South Sudanese day; and the whole world is with us witnessing this festive day as we make our giant footmark on the inerasable sands of time and history.

Tribute to Khartoum – The North

As a tribute to what may now be referred to as North Sudan, I often humbly submit to the principle that we “give Caesar what is Caesar’s and to Jesus what is Jesus’s, i.e., that we treat each other according to what each one of us truly deserves. It therefore must often be remembered by all that the maintenance of national unity and cohesion had often been the cry of the Sudanese people in general and Southerners in particular. Equally, it must often be recalled that the liberation struggle and the subsequent secession and independence of the South from the rest of the Sudan were really necessitated by the constant lack of genuine, peaceful and transparent political will on the side of those who controlled politics and government in Khartoum in seeking a truly harmonious Sudan that is respective of all its peoples, cultures and territories.

Even as we South Sudanese celebrate the divorce of the political marriage with the North, we should be uprightly conscious remembering and holding it as truthful that not all northern citizens agreed to or approved the policies of underdevelopment, marginalization and politicking adopted by Khartoum towards the South and other similar regions. We should be aware that only a sizeable minority in the northern establishment – the political and

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai military elites, who could have done things differently for the sake of national unity or cohesion – led the country to this separation. It is them that led to this occurrence; it is them that are to blame for not being conscious of the genuine and reasonable wishes and aspirations of marginalized peoples in the Sudan. It is them that Northerners must hold accountable if they deem it necessary to inquire into what went wrong in the Sudanese political process that led to this breakup. There has been loss of national pride in the North over the separation of the South. Indeed people in the North are bitter that the South broke away. They wished in vain that the South remains part of the Sudan. History will blame or hold them partly responsible for not having protested against the mistreatment and marginalization of the South by their sons, daughters, brothers, sisters, mothers and fathers in government. They should at least have had a say over the manner in which public affairs were being run in Khartoum.

However, despite the independence of the South and the several years of military confrontation, the ordinary citizen in the South is really a friend of their counterpart in the north – it was only the lack of proper oversight by politicians in Khartoum that really inevitably led to this occurrence. Let our mutual understanding with the ordinary citizen in the north continue to flourish even when Khartoum decides to stab us on the back. True peace must be cultivated at all cost for the common good of our peoples.

Diagnosing Our Own System: Substantive Problems of Our Contemporary Polity - Challenges of the New Republic

It is no doubt that with the advent of the Comprehensive Peace Agreement in 2005, a new era was ushered into the Sudanese political process. Undeniably, that period created a mark on its own right in the pages of history. It led to the establishment of a semi-autonomous government in Southern Sudan, a somewhat fifty-fifty share of the oil revenue with the North, the maintenance of the SPLA as a separate national army of the Sudan, and above all, the opportunity and right to conduct the referendum on independence among others. Over the past years of the peace accord, a number of developmental endeavours were conceived, instituted and implemented by the Government of Southern Sudan under the presidency of our current leader, General Salva Kiir Mayardit. Considering where we initially started, there have been considerable advancements in the sectors of education, health, security, trade, social life, telecommunications, employment, as well as road and air transport among others. Nonetheless, there are still what I would rather refer to as substantive problems of the Southern Polity, or now perhaps even most appropriately, challenges of our new republic. In my humble opinion, these include; but not entirely limited to; the fundamental issues alluded to below:

First and foremost, there is the substantive grand challenge of bad governance. When the Government of Southern Sudan was established in 2005, it was highly hoped that governance in the South would be reformed so that it becomes one that truly mirrors and subsequently represents the wishes and long-sought-after ambitions of the people of Southern Sudan. The CPA, the Constitution of the Government of National Unity, the Constitution of the Government of Southern Sudan and the ten state constitutions of the South all had in their pronouncements articles and clauses that concern the betterment of governance. Despite these legal frameworks, however, there have been significant practical shortcomings within our polity.

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Our decentralisation policy, for example, has very serious loopholes, as it falls short of encouraging citizens’ participation in politics, nor has it led to the establishment of local governments whose actions mirror the interests of their respective local populations. The essence of decentralisation in governance is the effective devolution of powers from the central government to lower level units far away from the centre but closer enough to the citizenry. It is supposed to encourage democratization within a political system and especially within the grassroots’ level. But because up to this day the political leaders at the local level, namely the boma and payam administrators, the county commissioners, and to certain extent the state governors are but appointees of the central government, our decentralisation policy has not achieved its fullest credible meaning. As a result, the institutions of local government in our polity have remained deconcentrated units of the central government that almost have nothing similar or related to the notion of decentralization. Of course, an individual reading this treatise might argue that deconcentration itself is one of the forms or manifestations of decentralization. But even then, the status of deconcentration as a representative form of decentralisation has often been disputed as it lacks the inner characteristics of decentralization. It is to that effect that politicians and academicians alike often regard devolution (the complete transfer of some political, administrative and fiscal powers from a central to a lower level government closer to the citizens) as the truest and only representative form of decentralization. It is this typology that will work in our context. It is this typology that is enshrined in the spirit of our supreme constitution.

There is ambiguity in our political system, especially when analysed in view of the federal school of thought. While certain aspects of federalism have been adopted, such as the division of the country into states headed by governors, it has not positively transformed governance. While we envy some of its characteristics, we have not yet formally adopted it. Problems emanating from this critical lack of clarity are most likely to militate against the reputable working of governance processes in the new republic. The current pseudo-federal policy is not only ineffective, but also does not represent a federal system in any significant way. It is not real and it is deceptive. In both classical and modern political thought, a federal system is one where a sovereign state is divided into semi-autonomous regions (provinces or states), and each state is constitutionally obliged to establish its own administration without interference from the national government. Each state administration manages the affairs of its own territory under the guidance of a state constitution that is legally a part and extension of the supreme (or national) constitution. Its broad array of duties also includes the maintenance of law and order in the state by having the state police force responsible to the state authorities. The military, however, remains under the control and political command of the national government. In such a system, the state administration comprises all the three arms of government, namely the executive (headed by a popularly elected but not appointed governor), the legislature (headed by a state parliamentary speaker) and the judiciary. Here, the executive branch of the state government comprises all the ministers of the state ministries. The state legislature, among other duties, is responsible for law and policymaking in the state and its parliamentarians are directly elected by the voters in their respective constituencies or electoral colleges. In this system, any popularly elected representative, be they the governor or state parliamentarian, cannot be removed from office except only by a vote of no confidence by the legislature of that respective state and not by any member of the executive in the national government. In other words, not even a popularly elected president can evict a state governor, parliamentarian or dissolve a state parliament or cabinet. The jurisdiction of the presidency does not include the removal of popularly elected state

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai representatives. Hence, our national constitution lacks democratic clarity and respect for the legality of administrative boundaries.

Another governance challenge concerns itself with the lack of willingness to encourage political pluralism, in enhancing the role and wellbeing of political parties, be they in the opposition or in government. Despite our desire at all levels for democratic political reforms, a culture of political pluralism is yet to be cultivated and nurtured. We have not yet developed the will to accept as normal and healthy the existence, role and active participation of multiple political parties in our polity, whether those in opposition or aligned to government.

Secondly, there are also substantive problems within our public service - that sector which concerns itself with civil governmental employment. I would like to venture into a brief explanation of how our public service came to be in the condition described above. The agony, so to speak, started right from the time when the movement formed what were referred to as the “secretariats.” These were the ministries performing the duties of public service during the war. There were secretariats for finance, commerce and supply, cooperatives and rural development, and so on. The ministers who headed those secretariats were referred to as “commissioners,” and were all SPLA military commanders. When they were appointed by the late Dr John Garang, they had in their utmost discretion the appointment and management of all their respective secretariats. They solely chose whosoever were to be undersecretaries, directors and all the other key positions in their respective ministries. Those who immediately found favour in these lines of appointment were those closest to the commissioners, and mostly included bodyguards and other closer military personnel.

But as it was often the case, military commanders usually surrounded themselves with their own relatives as bodyguards, adjutants, and other military personnel of immediate help. Thus upon their appointment as commissioners to form the secretariats, these military officials automatically established a form of public service based almost entirely on tribal and semi-competent appointments. Because the qualification that really mattered was that of the military, closeness and relation to the commissioners only, education and other sound competencies or requirements did not play a part at all. When the peace accord was signed, the public service workforce that immediately emerged in the Government of Southern Sudan was but a mere transformation of names from the former secretariats to the current ministries. Thus, for example, the former Secretariat of Finance and Economic Planning became the Ministry of Finance and Economic Planning, the former Secretariat for Cooperatives and Rural Development became the Ministry of Cooperatives and Rural Development.

Except in the names as I have explained above, the new ministries that emerged in 2005 were an exact maintenance of those same secretariats with roughly the same management formation and nature. Even though some changes were done to these ministries over the last six years, not much really transformed. Most of the changes were in the persons holding ministerial portfolios and, in some few cases, those of undersecretaries. When the GOSS was formed, the former civil service workforce in the South under Khartoum was dismantled, and its occupants were demoted, retrenched, or forced by unbearable conditions to resign. It is with humble respect that I rather beg to say the truth about the unrepresentative nature of our public service. For when the movement was started on 16 May 1983, most of the members of the two battalions that initially rebelled comprised mainly of individuals from greater Upper Nile and Bahr el Ghazal, and were hence not balanced on regional basis. With the concern of seniority and protocol often high in the military, the same found their silent way into the political and social sphere of contemporary Southern Sudan. As a resultant effect, the shadow

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai ministries that were formed during the liberation struggle, including the leadership and their personnel, sadly came to be characterised by this unbalanced aspect, namely the domination by a particular section of our ethnic diversity. On a rather sad note, the same public service we have today is an exact replica of those same conditions.

Thirdly, another substantive problem in our contemporary polity is that of insecurity and the growing culture of impunity among those who consider themselves to be the country’s “nobles.” Within the insecurity point of view, there is the problem of the Lord’s Resistance Army (LRA), the renegade General George Athor’s faction and other militias opposing the government and people of the new republic. On the other hand, the new republic will continue to face the growing culture of impunity among its elites that is preventing the Government from upholding the rule of law and the maintenance and furtherance of peace. The Human Rights Watch has identified inter-communal fighting, abuses by security forces and weakness in the rule of law as some of the reasons for the growing culture of impunity within our system.8

Fourthly, our new republic is also faced with the challenge of gender imbalance and a culture of low attitude towards women and their role in society. From schools to colleges and universities; from the police and army to civil service; from politics to international relations and diplomacy, our women are significantly marginalised.

Sixthly, there is the growing countrywide dependence on foreign food supplies. Immediately following the signing of the peace agreement, most farmers left cultivation for better lifestyles in urban centres, leading to decline in domestic food production. In addition, the return of Sudanese refugees and internally displaced persons back to their areas of origin, coupled with the large influx of foreigners, further led to food insufficiency. In turn, South Sudan has become a dependant country on foreign food production even when we have some of the most fertile and arable lands on planet Earth with sustainable rainfall and other sources of water all year round.

Seventhly, the challenge of no or poor infrastructure will significantly derail the efficacy of governance in the new republic. The successful working of any system depends in part on the health of its constituent parts, inputs and subsystems. The insufficiency of sound transport, communications, agricultural, educational and other similarly important facilities will until established negate on the performance and image of our polity.

Eighthly, the Republic of South Sudan is faced with the challenge of instituting appropriate control mechanisms to combat the seemingly increasing mismanagement of public resources, the practice that has been responsible for denying the provision of social services to our impecunious citizenry.

Which Way Forward? Recommendations on Consolidating Peace and Stability in the New Republic

Recommendation 1: Introduction of Good Governance Practices The United Nations9 has identified eight main characteristics of good governance (herein indicated in italics) which in my humble opinion would be very instrumental in shaping our newfound republic.

First and foremost, good governance is consensus-oriented. For governance to be improved in the Republic of South Sudan, our officials must take decisions after they have

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai been thoroughly assessed and generally agreed upon by most citizens and stakeholders concerned. Practically, this means that our executive arm of government must only take major decisions after they have been debated and passed by parliament, i.e., they should be taken for implementation after soliciting popular support.

Secondly, good governance is participatory in nature. It involves the participation of civil society, stakeholders, and even opposition political parties in decision-making. This means that leaders or political parties do not take decisions alone; but participate together with all stakeholders in making and implementing decisions. Of important concern are the citizens, who should participate in public decision making by way of elections, referenda; or better still, through their representatives in parliament, or in civil society groups.

Thirdly, good governance is bound by the supreme law governing a country – that is, it follows the rule of law. Good governance promotes the observance and respect for legal jurisdictions. It recognizes and upholds the limits within which administrative processes must function and beyond which they cannot. It respects people’s civil liberties – religion, privacy, life, etc. - as purely individual matters. In the courts of law, for example, offenders are judged according to the constitution and not in accordance with any emotional feelings of the jurists or political influence by those in power. When our new republic practices good governance, all of us get equal treatment before the law, and elements such as one’s tribe, ethnicity, political affiliation and the likes become permanently absent in influencing the direction of justice. Indeed good governance within our polity would uphold that, “all South Sudanese are born free and equal in dignity and rights…, endowed with reason and conscience and…act towards one another in a spirit of brotherhood.”10 Further commentary on this matter is discussed below in recommendation 4 entitled, “Encourage the Rule of Law and the Respect for Human Rights.”

Fourthly, good governance is one that is effective - able to set goals, mission and objectives and achieve them within meaningful timeframes. This is especially in the area of service provision to the public, such as education, electricity, healthcare, and security, among others. In addition, it is efficient - one that minimizes wastage of meagre or scarce resources for the benefit of the population in its entirety and, therefore, does not encourage a system that illegally benefits some exclusive few to the detriment of the citizens in general. In ensuring this noble course, it establishes regulatory frameworks that help monitor loopholes in the system. Put in another expression, such an administration is one where there is no corruption, but the existence of pro-poor service delivery. In order for us to effective and efficient, the Republic of South Sudan must employ individuals with the requisite qualifications who possess the appropriate ethical standards and background. Until we are able to establish such a government structure, however, our system would continue to be highly ineffective, inefficient and; at its best description; a sorrowful collection of incompetent tribesmen who glorify nepotism and therefore have nothing civil to offer but the private accumulation of public wealth and power for selfish individual and tribal gratification.

Fifthly, good governance is characterized by the aspect of accountability. In such a system, those in power become accountable to the citizens for the decisions, actions and inactions they take. This generates a sense of responsibility in whosoever participates in the administration of the country because any defaults will have to be answered, no matter how long it may take, and no matter how dim the prospects for such a culmination might seem at the time specific decisions, actions and inactions were done. For governance to be improved in our newly found republic, our government and its officials alike should have to embrace this aspect of good governance. Otherwise, the lack of accountability will continue to mean

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai that public officials persist to do things as they wish, continuously negating the popular wishes and aspirations of the citizenry.

Sixthly, good governance is transparent in nature. This means that there is openness in the making and implementation of policies in favour of the public in general; and so the government does not hide anything from the citizens; or at least consents to telling the truth when required to do so. When the new republic practices good governance, then there would be transparency or honesty in all that it does, whether in entering into contractual obligations with companies or in the manner in which public resources are used. This way, the South Sudanese citizen would continuously become more and more aware of the performance of his government, and would as a result have more say in how the nation’s affairs should be managed by those in power. But as with accountability above, one could not certainly assert that there exists a considerable degree of good governance until and unless there is transparency in the manner in which government business is conducted.

Seventhly, good governance is responsive in nature. This means that the government directs its decisions, policies or actions towards the achievement of certain interests or needs of the public, and not based on the mere private motives of individual public servants. In other words, good governance exists when the government is able to direct and succeed in its policies and actions towards solving the problems faced by society or the public in general. Being responsive in this sense denotes being able to respond to the fundamental needs of the citizens so that their lives could be improved for the better. Until our public resources and energies are directed towards the alleviation of poverty among our citizens, and; unless there is a massive reduction in the embezzlement of public resources for the benefit of everyone in the country by way of alleviating their anguish and destitution, good governance would be a distant concept to our polity, deliberately not introduced by our politicians and technocrats due to personal and sectional conflicts of interests.

Eighthly, any administration exercising good governance is equitable and inclusive in both its practice and nature. In this endeavour, it observes even-handedness‡ in the provision of public utilities or services, as well as in the regional provision of appointments, scholarships and investments, among others. Similarly, such government is also inclusive or all-encompassing in nature. That is, it tries to bring in all necessary partners for effective development and administration. It avoids such old-fashioned, absurd and ill-practices as nepotism and/or favouritism. Such government believes in the spirit of teamwork and networking, and avoids all sorts of bias – regional, religious, political or otherwise – that might potentially jeopardize the success and good name of its operations. The Republic of South Sudan must very much embrace the characteristics of equity and inclusion if it must save the country’s already worsening image from further destruction, and indeed enroot and sustain the very principles upon which the South Sudanese revolution and independence were essentially promulgated. For the state to treat each citizen with equal concern and respect, Ronald Dworkin11 advises us as follows:

Government must treat those whom it governs with concern, that is, as human beings who are capable of suffering and frustration, and with respect, that is as human beings who are capable of forming and acting on intelligent conceptions of how their lives should be lived. Government must not only treat people with concern and respect, but with equal concern and respect. It must distribute goods or opportunities unequally on the ground that some citizens are entitled to more because they are worthy of more concern. It must not constrain liberty on the ground that one citizen’s conception of the good life… is nobler or superior to others.

‡That is to say, equity, impartiality or fairness!

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai Deduced from this analysis, and while drawing inspiration from the tenets of the American Declaration of Independence, we must wake up to hold these truths to be self-evident, that all South Sudanese are created equal, that they should all equally share the very same inalienable rights endowed upon humanity by its sacred Creator, that among these are Justice, Liberty and Prosperity. That to strengthen these rights, the government must always derive its just powers from the consent of the South Sudanese masses, that whenever it is seen to be inadequate in any particular capacity, it is the right of our people to ask those in authority to modify it, and to institute a version that encompasses all amendments perceived to be necessary, as to the new nation shall seem most likely to inspire and promote continued wellbeing and liberty of its citizenry.

Figure showing a Summary Nexus of the Characteristics of Good Governance

Source: UNESCAP§

Recommendation 2: Introduce Political Federalism It is one of South Sudan’s most significant long-term historical expectations that the country be made a federal state. In line with this ambition, and to promote genuine democratization, it is highly recommended that our young nation permanently adopts political federalism. In my opinion, the current ten states are enough, although should the region of Abyei later be resolved in South Sudan’s favour, it may have to be made as the eleventh state. According to Andreas Føllesdal (2003),12 “federal arrangements are seen as interesting solutions to accommodate differences among populations divided by ethnic or cultural cleavages yet seeking a common, often democratic, political order.” Federalism will be good for South Sudan because it will help foster peace, both by preventing war and preventing fears of war. It will also promote economic development across the country, as the state governments would have the powers to strategically plan for the growth of their regions, and employing state resources for the furtherance of priority areas unique to them. Basing on the philosophical arguments of Føllesdal, the introduction of a federal system would also protect states against central authorities by securing immunity and non-domination for minority groups in the country. It will also help maintain national unity or cohesion by bringing on-board minority and/or territorial based groups who might aspire to secede from the country.

§ The United Nations Economic and Social Commission for Asia & the Pacific

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Our leaders at all levels must therefore urgently work to achieve this ambition, by promulgating appropriate constitutional or legal framework to introduce and govern the much expected federal policy. This requires that the government nullifies the current deceptive “pseudo-federal” policy, which purports to take away powers and decision making authority from Juba to the ten states. The expected federal framework must of necessity avoid constitutional overlaps, or; put in a different context; prevent or effectively deter deliberate and non-objective encroachment by the central government in Juba into the reserved affairs and responsibilities of the states. This requires that there be constitutional clarity in the boundaries of legal jurisdictions and respect for the existence of the state and central levels of government. The recent elections, being the first in our country, are a good starting point, which should in the immediate future be aimed at yielding popularly elected leaders for popular governance, although it is advisable that county commissioners, including all payam and boma administrators, be directly elected by the citizens rather than appointed or disappointed at the mercy of state governors.

Nonetheless, now that the members of our state legislatures and governors are directly elected by voters, it is no longer within the jurisdiction of the national executive or the presidency to remove them. Because he no longer appoints them, he should no longer disappoint them. If at all the removal of any such member becomes necessary, then the state legislature should be objectively lobbied into considering whether or not to pass a vote of no confidence against an elected individual. Alternatively, it should be the jurisdiction of the national legislature to pass a vote of no confidence against a popularly elected state official, or better still, the president may, but only on the recommendation of the national legislature, evict any such official on democratically concrete grounds. This way, the constitution would be able to guard the system and the nation at large from any personal bias against state officials that might result from the actions of the presidency. Indeed it is one of the most celebrated and accepted wisdoms of political science and conventional democratic thought that a president does not have the authority for removing popularly elected state or local government officials, except by a vote of no confidence in an appropriate legislature attended by its requisite quorum.

Recommendation 3: Improve the Policy and Practice of Decentralisation In order to consolidate its decentralisation practice and augment good governance in the country, the Republic of South Sudan has to meaningfully transfer some of its powers from the central government to local level governments in the states, counties, payams, bomas and villages. These powers should include political, administrative and financial roles capable of transforming South Sudan’s local governments into institutions that can introduce and sustain good governance. In order to have a realistic transfer of such powers, there must be legal or constitutional basis establishing certain specific duties and responsibilities that effectively lead to clarity in the functions of various levels of government. There must be clarity in what the central government does and does not do. This should equally be the case with the state and other lower levels of government. When this is achieved, there would be no or minimal interference on the work of a particular local government by a superior level. Consequently, each of the different levels of government would mutually coexist without perceiving another as a threat or hindrance to its normal functioning and survival.

In addition, the Republic of South Sudan has to improve its decentralisation and local governance policy by introducing popular elections throughout all the local government

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai levels. The current practice of the policy is contrary to the conventional doctrine of decentralisation and local governance which requires that local people freely elect their representatives who serve them at various levels. The fact that political leaders at the county, payam and boma levels are often appointed by state governors most often with significant influence from the central government in Juba means that our decentralisation policy is not comprehensive enough. For it denies our citizenry their very right of freely choosing whom they want to represent them in their local governments. As witnessed in some cases, those that are appointed as county commissioners are often individuals who have close personal ties (and perhaps even similar interests) with their respective appointing authorities, without even being cadres recognized by the local populace as being true champions of their genuine interests and demands. Whilst in their unpopular tenure of office, such appointees usually serve the state governors and other superior politicians rather than their local populations. Their appointing governors and other senior politicians in their immediate association become their ‘constituencies’ and beneficiaries much to the exclusion and unjustifiable detriment of the local masses. Yei River County’s agony under David Lokonga’s commissionership following the signing of the Naivasha accord up to the year 2010 is one of the best case studies eloquently illustrating the need for local decision over local political leadership in our republic.**

Furthermore, one would like to emphasize, once again, that whatsoever the circumstance and conflict of interests, our new republic and its administrators in various capacities must always respect the wishes and aspirations of the citizens. The fulfilment of their interests must often form the foundation for public decision-making and action. When they make their choice on whom to lead them, whether in gubernatorial, parliamentary or other elections, their decision must not be tempered with. It must not be suppressed in favour of personal interests, connections or propaganda. The supremacy of their choice and interests must be upheld at all cost, by all means and by all individuals regardless of suppressive forces.

More so, our decentralisation and local governance policy must emerge to encourage more citizens’ participation in politics. In addition, it must be able to institute constitutional term limits for office bearers at the state, county, payam and boma levels so that an interplay of different actors is achieved and consistently maintained in the administration of public affairs at all levels. Any seemingly undemocratic aspect of our constitutions that discourages our democratic ambitions must be reviewed and rectified. Until then, however, the practice and policy of decentralisation and local governance in our republic would even continue to be less of a mere shadow of what we actually need and rightly deserve.

Recommendation 4: Encourage the Rule of Law and the Respect for Human Rights The new Republic of South Sudan is born into an environment highly filled with a culture of impunity and gross human rights violations. Henceforth, one of its fundamental reforms would be to augment the respect for the rule of law. It has to specifically focus on getting rid of the culture of impunity among its security forces, notably the police and the army. In this same respect, the new republic also has to undo the growing culture of cattle rustling among its pastoral communities in the greater regions of Upper Nile and Bahr el Ghazal which have since time immemorial been engaged in deadly illegal exchange of livestock. This practice

** At one point, Commissioner David Lokonga ordered the unlawful arrest and detention for several days of all the chiefs in the county. They were only released after mounting pressure on the Central Equatoria State governor from the youth, the citizens and local opinion makers in Yei.

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai has often led to the death of hundreds of innocent civilians, including women and children, and has sometimes led to massive displacement of communities from their places of usual residence in the search for harmonious living.

Deducing from this problem as I have explained above, it should be the prerogative of the new republic in Juba to take into its utmost concern the upholding of the rule of law, the reduction in the culture of impunity among the armed forces and the overall respect of people’s human rights across the country. Until we are able to achieve such a peaceful South Sudan, our post-independence government would still be bearing the same old, odd and ugly image that has characterized and defined it since the establishment of its former predecessor, the Government of Southern Sudan. It is therefore very imperative that all those in government, especially politicians and security officials, take it sacredly upon themselves to change the way things are handled in this country. Conventional thinking today emphasizes a very intricate link and interrelatedness between the respect for human rights and development. It is often not easy for true sustainable development to be taken without the emphasis for human rights at all levels. For this reason, the way people (both Sudanese and outsiders) view the prospects for sustainable peace and development in South Sudan would very much depend on how our new republic refurbishes itself in view of the conventional wisdom relating to the respect for people’s human rights and civil liberties. It is therefore in good faith that we beseech President Salva Kiir Mayardit to pledge all his strength and every power in his office and personality to ensure the attainment of good governance and democracy in this destitute peace-thirsty young nation whose overly-awaited inaugural birth we finally celebrate today.

Recommendation 5: Promote Gender Balance and Girl-Child Education The new republic must emerge to promote the active participation of women in public affairs. Achieving this will require that we employ both women and men in all sectors of public service, including the army, the police, the judiciary, the national security service and the legislature, as well as in entrepreneurship and in education. It also requires the election and/or appointment of women into political positions: as ministers, as members of parliament, as state governors, as county commissioners, and as ambassadors, to mention but a few. Uplifting women in our societies would also primarily entail the promotion of girl-child education across the new nation in its entirety. It means the enrolment and retention of female learners at schools and colleges, and the discouragement of forced and early marriages. It entails preventing, by way of appropriate and enforceable policy frameworks, cultural or traditional practices and believes that undermine women’s progress and participation in public life. In his take on women emancipation, Tajudeen Abdul-Raheem has this to say:13

Therefore general public education and mass awareness must be sustained at various levels. This will not just be about laws but also confronting certain received wisdoms, and cultural and social practices that encourage violence against women and disempower them from voicing their pain, let alone seeking legal redress.

In the quest to achieve this, the new republic must institute suitable punitive measures against men and boys who abuse or undermine women and girls. Policies must necessarily encourage “gender-diversity” and “gender-sensitivity” in the home, the school, the church and at the work place. There must be equality in pay for equal work done irrespective of one’s sex. The government must discourage and punish rape, and enlighten or sensitize communities against

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai the abuse of women and girls so that a culture that is positive towards them and their participation in society is cultivated and maintained throughout the country. The attainment of such state of social affairs would very much promote the chances of and the call for good governance in South Sudan, and instil in our populace some of the most fundamental tenets and roots of democracy.

Now that there is a republic of our own, and management by individuals from within us, there is an urgent need to help propel the role of our women into greater heights in society. Until then, the fruits of the peace and independence that we are celebrating today would mostly be enjoyed by men, much to the impairment of our other highly significant half. If the current status quo continues, there would not be a meaningful peace of diversity inasmuch as feminism is concerned.

Recommendation 6: Introduce an Effective Mechanism for Combating Corruption It is imperative to emphasize and bring to the forefront that President Salva Kiir’s post-independence South Sudan would probably be judged more according to how it handles the mismanagement of public funds and the endemic tribal nepotism in public recruitment than by any other combination of critical factors in his administration. There is plenty of evidence suggesting and reinforcing the perception that South Sudan’s pattern of corruption is intricately linked to tribal nepotism, favouritism and the likes, so much so that in the words of the late Nigerian Pan-Africanist Dr Tajudeen Abdul-Raheem (2009),14 “corruption [in our contemporary polity] is more omnipresent than God.” In order to introduce a commendable policy in our polity as this new nation kicks off, there is an urgent need to dismantle the tribal linkages and tendencies in public recruitment that have been responsible for promoting corruption in the public sector. Employees recruited through tribal means may usually tend to pay allegiance to their “appointers” rather than to the betterment of the system as a whole. Such appointment may involve ‘illegal mutual benefits’ between the appointees and their appointers. Moreover, tribal or family ties may tend to be stronger than formal work ties, resulting into lack of accountability by subordinates, as well as lack of appropriate punitive measures by superordinates on those individuals who commit crimes. This entails that combating the country’s endemic graft requires an equal and simultaneous fight against public recruitment based on tribal and/or other non-meritorious lines.

There must be clarity of duties, clarity of accountability, clarity of consequences, as well as clarity of punishments to deter the embezzlement of public funds. It is also urgently recommended that there be an introduction of continuous genuine regular audits, monitoring and evaluation of funds and financial records across all government departments at the national, state, county, payam and boma levels. For these measures to be effective, there is an urgent need for high level political and administrative commitment, from as far above as the President and Vice President, supervised by the Parliament and Judiciary, towards a new and heated national warfare against graft. To further strengthen this fight, the new nation should consolidate the establishment of an independent watchdog, in the form and nature of an anti-corruption commission, manned by tough and correspondingly independent selfless individuals to render service in the implementation of anti-corruption policies. These should be followed by the establishment of special courts in the form of anti-corruption tribunals to effect this noble course. Preferably, these tribunals should make all investigations and trials public, and institute tough punitive measures for culprits found to have dipped their hands into public coffers.

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Recommendation 7: Introduce Wide Ranging Public/Civil Service Reforms Policy-level The Republic of South Sudan should promulgate policies that will foster effective and efficient provision of public services to our destitute and war-ravaged population. The policies to be embarked on must of necessity be pro-poor, ensure pro-poor budgeting and involve pro-poor spending of public funds. Putting these in place ensures that policies are geared towards the achievement of the common good of the ordinary South Sudanese person.

To ensure sustainability of policies, it is also recommended that the government consults with and involves all necessary stakeholders in the policy-making process. This creates an avenue for multiple perspectives and ensures conclusions based on informed decisions on what to be done, when and how about a particular situation and course of action. Once this is done, there must also be serious and continuous monitoring of the implementation process, in addition to an objective evaluation of the overall undertaking to ascertain as to whether or not its initially intended outcomes have been achieved. Recruitment-level For us to usher in a truly remarkable transition, it is imperative that we introduce recruitments and public appointments based on merit in all governmental departments, be they at the national or state levels. Workers must be employed basing on their set of skills and competencies derived from their educational and working experiences. There should be introduced minimum levels of qualifications for all levels of work. This would guard against the system being misused by unscrupulous individuals for their selfish gains. Those to serve in higher positions must necessarily be holders of advanced university degrees, in addition to a well track record of experience at a similar or related level. Putting such measures in place would ensure that a tendency of recruitment based on tribal or ethnic lines is avoided. Similarly, these measures would go ahead in further ensuring that administrative positions are not politicised, adding value to the expected wellbeing of the new republic.

Apart from the positions of ministers and undersecretaries, whose appointments are often, even though less in the latter, politically motivated, fundamental reforms are urgently needed to the rest of the positions downwards. In other words, the appointments to the positions of directors-general, directors, deputy directors, senior inspectors, inspectors, and so on, including all technical and unclassified staff, have to be reconsidered in view of professionalism, educational qualification, technical competence, and above all, regional balance. Until that measure is achieved, our public service workforce would remain ineffective, inefficient, incompetent and above all, a dramatization of wrongly perceived selfish ethnic or tribal elitism at such a critical historical moment when our very own republic needs the cultivation of genuine peace from within the totality of its ethnic diversity. Establish and Consolidate a Smaller more Technocratic Government In order to be effective and efficient in the post-conflict reconstruction and development of the new nation, we should establish and consolidate a smaller government manned by highly skilled and knowledgeable individuals. It is advisable that recruitment should be done only

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai and when necessary. This way, the government would be able to part ways with current factors – such as nepotism, favouritism and corruption - which grossly negate the establishment of such a system of efficacy. To paraphrase Bill Clinton (1993),15 a society prospers when its political and other forces indulge in peaceful competition among themselves.16 To uphold such a smaller technocratic government, those in position of authority should not only respect it, but must themselves be subject to continuous legal scrutiny to ensure compliance. Failure to ensure such a system would cause us to drift astray, eroding our resources, fracturing the growth and wellbeing of our yet developing economy and shake our confidence in working and upholding ourselves as a united people. Like Clinton said, “we have to face hard truths and take strong steps.”

Recommendation 8: Encourage Political Pluralism and Build Capacity of Parties To set a commendable momentum for the way forward, it is urgently recommended that the government discourages unhealthy political dominance by any party or individual, and promote a more cohesive and more participatory political system. All political parties, and especially any that comes to power, must not unfairly dominate others to the detriment of the nation. Our parliamentarians should create constitutional provisions deterring individual dominance of any political process, whether within a political party or in the broader context of the South Sudanese political system. Accordingly, all constitutional post holders should desist from the issuance of illegal non-constitutional decrees. Family and/or other completely private matters must not be settled by way of a public political process. In other words, those in positions of power must not use any political process or activity to derail those perceived or seen to be opposing them or enemies in private circles. For the good of the South Sudanese society in general, there should be capacity building of opposition political parties, the citizenry in its important totality, including, most importantly, civil society groups. While congratulating the leadership of Southern Sudan for the successful conduct of the referendum on self-determination, the Washington-based Human Rights Watch also had a clear message to us concerning governance. It said:

Sudanese leaders deserve congratulations for a peaceful referendum but now they need to cement this process. South Sudan should move quickly to show its commitment to democratic governance, transparency, and human rights.17

Meanwhile, the International Crisis Group (ICG)18 gave us South Sudanese yet another brilliant peaceful advice. It hinted that critical decisions taken now and immediately after independence would define the health and trajectory of democracy in the world’s newest state. It emphasized that “the degree to which the South’s ruling SPLM allows an opening of political space in which a vibrant multi-party system can grow” and “the will to undertake democratic reform within the SPLM, as intra-party politics continue to dominate the political arena in the near term [or future]” would shape the coming post-independence transition period more than any other. The ICG further stressed that:

embracing [political] pluralism now – both inside and outside the [SPLM] party – would lay a foundation for stability in the long term. Failing on either front would risk recreating the kind of overly centralised, authoritarian and ultimately unstable state South Sudan has finally managed to escape.

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai It further warned that:

the SPLM must recognize that meaningful opposition participation – including in defining the transition and in a broad-based government – is not a threat to its power but an investment in stability and legitimate rule. A politics of exclusion may in the long run undermine the very power some party hardliners are trying to consolidate.

Recommendation 9: Introduce a Sound Land Ownership and Distribution Policy As things currently stand, there is a tendency by almost all local communities across the country to deny land to individuals from other communities, probably for possible fear of assimilation and a perceived sense of tit-for-tat for inability to acquire land from other communities. This has led to untold discrimination in the distribution and acquisition of land, especially residential plots, in urban centres. The prevailing status quo means that only rich people are able to access land, in addition to people of status in society, such as high ranking government officials. It is therefore highly recommended that the country’s law makers introduce a sound land ownership and distribution policy that encourages fairness and transparency, access to all, including the poor and destitute in society, and do away with the prevailing nepotism in its distribution and access.

Recommendation 10: Improve Agriculture and Food Security South Sudan is often not only described as an agriculturally fertile land, but also as having the capabilities of being the breadbasket of Africa in addition to being a future area of great economic importance for Africa.19 With the vast array of arable land, agriculture can serve as the economical backbone of this young nation and help us avoid our absolute dependence on oil. It is important that the government encourage investment in this sector. It should promote both small-scale and large-scale farmers to cultivate crops, with produce sufficient enough to cater for local consumption and the export of surplus produce. In doing this, the new republic must introduce modern agricultural techniques and promote the establishment of credit schemes for farmers at convincing and affordable terms.

Recommendation 11: Build Physical Infrastructure Physical infrastructure, such as roads, airports, classrooms, hospital wards, telecommunications facilities etc., plays a pivotal role in the economic development of a country. Roads help ease the movement of not only people but also goods and services. Classrooms provide an environment for learners to be educated. Hospital wards and other medical buildings help facilitate the treatment of patients. In short, good physical infrastructure helps propel a country’s progress into further heights. Although the country is still young and therefore starting from scratch, particular efforts must be exerted onto the building and improvement of road networks to ensure food security. Connections to the village, boma, payam and county levels would be appropriate, as is the need for schools and health centres in the immediate and medium terms.

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Recommendation 12: Introduce a Sound Foreign Relations and Diplomacy Policy Our movement, the SPLM/A, was able to start and steadily grow from a humble beginning to its revolutionary glory thanks, in part, to the employment of steady diplomatic efforts. Not only was it able to gunner the region and the wider international community, but also individual donors, aid agencies, activists and academicians, such as Professor Eric Reeves, among others. But our sound diplomatic efforts seemed to have immediately dwindled with the signing of the CPA in 2005. Internal development and administrative efforts seemed to have drifted away our anxiety from diplomacy, so that one would probably be right in saying that our foreign relations policy was better and healthier during the liberation struggle than at the present moment.

It is imperative to survey the terrain of our contemporary diplomacy and revitalize our foreign policy for better recognition, association and cooperation within the regional and wider international communities, primarily ensuring better representation and communication, which; according to Geoffrey Allen Pigman (2010); are some of the “interlocking central functions of diplomacy.”20 The young nation should be able to use the tools and opportunities of diplomacy to seek and acquire much needed foreign investment in the country in order to boost the young but promising economy. Important focus must necessarily be placed and/or directed on the Republic of the Sudan, the People’s Republic of China, the sisterly countries of the East African region, Ethiopia, Djibouti, the United States, the European Union, as well as the United Nations amongst others. Although we have been at odds with Khartoum, although we have annulled our marriage with the Sudan, it is a critical neighbour with whom we deserve and should have good relations. For whether we like it or not; whether we admit it or take it otherwise; the Sudan shall always be our neighbour, and shall always be within this relatively same geographical region, in this relatively same geo-political context.

Lessons for Africa and Other Similar Scenarios At its best, the split of what was once the mighty Sudan has been the resultant effect of draconian and unscrupulous policies - of segregation and discrimination among others - by successive regimes in Khartoum. Not only has this significantly militated against the Sudanese economy, it has also reduced national pride amongst that country’s nationals. For other countries with relatively the same problems to avoid the occurrence of such split, it is important for their governments to critically examine their policies, especially in view of true, genuine and therefore not superficial national unity and identity. The treatment of all peoples and regions as equal and constituent ingredients of a country’s citizenry is gravely important.

With advances in technology and communications, with increasing migration and movement of people from one place to another, and with progresses in literacy across the African continent, more and more marginalized peoples are opening up their eyes, and therefore becoming aware of their rights and duties – be they human or civic in nature. If they are not truly integrated into their respective national systems and institutions, attempting to secede may not be a distant decision for them to undertake should prominent individuals volunteer to provide leadership. Important lessons had therefore better been learned from the Sudanese experience.

The remaining Sudan must of practical painful necessity revisit its policies towards its regions of Darfur, Southern Kordofan and Blue Nile to avoid the manner as it did towards

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Sudan: The Lengthy Journey to the Southern Independence Laguya Kenyi Lupai Southern Sudan. Nigeria should take conciliatory policies towards its region of Biafra and other northern states, as should Kenya towards Mombasa, Uganda towards its northern and West Nile regions, Ethiopia towards Ogaden, Morocco towards Western Sahara, China towards Tibet, and Spain towards Catalonia among others. If any serious lesson must be learned from the painful balkanization of the Sudan, it is that states must treat their integral regions and peoples equally, that government, including its formation and functions, must necessarily be based on the genuine and free consent of the citizenry, that the State must at its best be secular, that there be an equitable distribution of resources, that there be uniformity in the provision of infrastructure – soft or physically – and above all, that the poor man may be able to find true solace in the work of his government and governors.

Conclusion The nation whose creation we celebrate today is born out of a long and protracted revolutionary struggle. Today’s celebration is the culmination of very many long years of hard-work, brought about by a remarkable multiplicity of actors, and not by the work of a single individual or ethnic group. Our honest tribute must first and foremost be addressed to the Inter-Governmental Authority on Development (IGAD), to East Africa, to the United States of America and indeed to the wider international community at large for helping us reach thus far. Efforts must now be strategically focused by our leadership at various levels on rebuilding and consolidating national unity or cohesion. There should be no unfair dominance of public affairs and resources by any particular section of the country’s diverse ethnic composition. We must realize that our better future lies on our ability and willingness to work together and foster better ties together. We should immediately embark on building a culture of political pluralism, avoid unfair political and ethnic dominance, and encourage true and genuine democratic reforms for the collective good of everyone in this newly found state.

The Government should focus on soliciting and promoting foreign investment, especially in the exploration of natural resources. It should fight the endemic graft taking place in the public service, and improve the economy, build roads, schools, hospitals and other infrastructural facilities.

The SPLM and our political leaders should open up the political space for appropriate participation and competition with other political parties, and promote the respect for people’s human rights and civil liberties, including the freedom of expression and association, and promote the rule of law in the country.

This way, we would be able to improve the livelihood of the common man. But, unless these substantive reforms are made, the independence being celebrated today would be meaningless for the vast majority of our masses. Our lengthy journey to independence does not end here with today’s festivities. It ends somewhere in the common man’s being able to have a better standard of living. It ends somewhere in our children’s being educated and the youth’s being able to secure for themselves better jobs. It ends somewhere in the retardation of the high child and maternal mortality rates. It ends somewhere in our being able to institute and promote democracy. It ends somewhere in our being able to freely and willingly change governments without resorting to war or violence should the citizenry deem it so.

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References

1 Excerpt from the United States Declaration of Independence, July 4, 1776 2 Igga, W. (2008): Southern Sudan: Battles Fought and the Secrecy of Diplomacy, 2nd Ed., Roberts and Brothers, Kampala, Uganda. 3 Nyaba, P. A. (2000): The Politics of Liberation in South Sudan: An Insider’s View, 2nd Ed., Fountain Publishers, Kampala, Uganda 4 Lokuji, A. S., “Beyond the North-South Dichotomy in Sudan”, in Understanding Obstacles to Peace: Actors, Interests and Strategies in Africa’s Great Lakes Region (2011): International Development Research Centre, Ottawa. 5 Article 21 of The Universal Declaration of Human Rights, 1948 6 Article 18 of The Universal Declaration of Human Rights, 1948 7 Hiiboro, K.E. (2008): Human Rights, the Church and Post-War Sudan, Paulines Publications Africa, Nairobi, Kenya 8 The Human Rights Watch: South Sudan: Improve Accountability for Security Force Abuses, 8th February 2011. 9 United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) 10 A paraphrase of Article (1) of The United Nations Universal Declaration of Human Rights; for more information visit: www.un.org/humanrights 11 Dworkin, R. (1977): Taking Rights Seriously, Harvard University Press, in Hiiboro, K.E. (2008): Human Rights, the Church and Post-War Sudan; Paulines Publications Africa, Nairobi, Kenya 12 Føllesdal, Andreas, "Federalism", The Stanford Encyclopedia of Philosophy (2003 Edition), Edward N. Zalta (ed.), URL = <http://plato.stanford.edu/archives/spr2014/entries/federalism/>. 13 Abdul-Raheem, T. (12 March 2009): Ending violence against women, Pambazuka Press. 14 Abdul-Raheem. T. (19 March 2009): Corrupt leaders are mass murderers, Pambazuka Press. 15 A paraphrase from a portion of President Bill Clinton’s First Inaugural Address, 20 January 1993 16 A paraphrase from a portion of President Bill Clinton’s First Inaugural Address, 20 January 1993

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http://www.un.org/humanrights


17 The Human Rights Watch: South Sudan: Improve Accountability for Security Force Abuses, 8th February 2011. 18 International Crisis Group: Politics and Transition in the New South Sudan, Africa Report No. 172, April 4th, 2011 19 See, for example, the public comments made by the then U.S. Special Envoy to the Sudan, Andrew Natsios, published on the digital Sudan Tribune Website on 14 February 2007 titled: “South Sudan a potential breadbasket for Africa – US envoy” – http://www.sudantribune.com/spip.php?article20272 as accessed on 14 February 2007. 20 Pigman, G. A. (2010): Contemporary Diplomacy: Representation and Communication in a Globalized World, Polity Press, Cambridge.

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http://www.sudantribune.com/spip.php?article20272

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Sudan - The Lengthy Journey to the Southern Independence

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