By: Concerned Jieng Community Elders, Juba, South Sudan. JUL/18/2014, SSN,
(Forwarded by D.M. Agok, JUBA);
People of South Sudan have not agreed on the system of governance they should adopt to rule themselves peacefully. The recent Agreement between the government and the Murle Community led by YauYau has revealed the tendencies of people of South Sudan to govern themselves through ethnic administrative set up like the choice of Murle for autonomous administrative unit away from greater Jonglei state.
This move is indicative of the rejection of the ten states inherited from the government of Khartoum as stipulated in the Comprehensive Peace Agreement (CPA).
It further suggests also that majority of people of South Sudan prefer ethnic administrative arrangements better than former greater regions of the provinces of Equatoria, Upper Nile and Bahr al Ghazal as a solution to tribal rivalry over the resources with the strongest dominating the ethnic minorities or minority making false claim of marginalization in the larger administration, thereby creating enmity between ethnic communities that eventually result into violence of the rivaling communities.
Given the above argument, the choice to opt for an ethnic administration, can easily be adopted from the past colonial administrative set-up of twenty-three districts, as they stood on 1st January 1956.
These districts were wholly or partially set up on ethnic arrangements, except in few cases where some minority communities were put together with larger communities for possible governing conveniences at that time which might have now negatively or positively changed with the change of communities’ attitude towards each other.
Therefore, a solution acceptable to such minority could be addressed in whatever suitable manner. In general therefore minorities must be accorded or facilitated chances of choices to remain in their current authority, form their own administrative unit when viable or choose to join another community or administrative authority they share borders with.
Many people of South Sudan are demanding for application of federal system as one of the solutions to govern the country peacefully. There is no problem with the federal governance except the fact that the country was marginalized by Khartoum and left without development.
Therefore, there was need for the country to consolidate itself for some reasonable period of time to use available resources for equitable development until suitable time to apply federal system where-after each administrative unit or state would have a chance to run its own affairs with available resources of that state without much difficulty.
But as things stand now, this step has to be skipped and the federal system be introduced because the demand for it is a wish of the majority.
There are many countries which are federal based. Some examples of nations with good federal systems are Germany, Canada, etc. These federal systems can be examined and improved for application that suit South Sudan.
For example in these federal systems, each Federal state depends on its resources except where government have the right of resources like customs, taxes and other specified rights spelt out in the federal constitution.
The rich states make contributions to the federal government pool fund for its budget and contribution to the poor states.
The federal government source of revenue comes from customs, VAT, etc., and other specified taxes in the constitution. These taxes are either collected directly by the federal government or by the state or Municipality on behalf of the federal government.
Other detailed power structures of federal arrangements are embodied in the federal system of governance depending on the model of choice from any federal arrangement and to be agreed upon and adopted by the people of South Sudan.
Constitutional Review for Permanent constitution preparation:
For the people of South Sudan to develop and adopt a system of federal governance, they have to go through established institutions of the Transitional constitution for governance if they believe in good governance that respects established systems.
Therefore, the current constitutional review process must be followed without resorting to short-cut initiatives to avoid future shortcomings that may result into poor definitions and wrong application of federal system in the constitution that would eventually fail good governance.
Hence, the application of a federal system must pass through a constitutional review process leading to permanent constitution.
The Three Provinces of Southern Sudan and Districts as of 1st` Jan. 1956:
Equatoria Provincial Districts:
1. Kapoeta; 2. Torit; 3. Yei River; 4. Juba; 5. Maridi; 6. Yambio; 7. Tumbura
Bahr Al Ghazal Provincial:
1. Yirol; 2. Lakes; 3. Jur River; 4. Raga; 5. Aweil; 6. Tonj; 7. Gogrial;
Upper Nile Provincial Districts:
1. Renk; 2. Malakal; 3. Nasir; 4. Pibor; 5. Akobo; 6. Bor; 7. Bentiu; 8. Pangak; 9. Kodok.
The above former twenty-three provincial districts can be developed into states to replace the current ones inherited from Khartoum.
Distinct cases that may require ethnic solutions could be resolved in direct consultation with the affected community wishing to either have its own administration, be joined to another community of their choice or remain within the same community. There shall be developed standards and criteria that can qualify an ethnic community to have a state in the consideration of population, resources and security.
Proposal for federal states:
The sub-committee charged with the purpose for structure of federal states agreed that the colonial districts are the best that can be used to structure federal states as this was based on the nationalities or ethic structure which was wholly in some cases and partial on others given realities on the ground.
This arrangement would allow nationalities to develop their languages with no serious problems, easy understanding of themselves due to illiteracy, backwardness and suspicion.
In this manner much would be achieved in the long run when education changes the attitude of suspicion and backwardness thereby coming together and embracing larger communities for better understanding, achievement in development and love for greater improvement of life.
The committee then went down to discuss the terms of references: population, economy, cultural affiliation, geographical alignment, security consideration or any other dictating realities on the ground like ethnics integration settlement for instance.
The committee was able to arrive at the following results after heated debate and reasoning as thus:
List of States, Counties and Headquarters (H/Q):
E1 Imatong State:Torit +Ikotos+ Lafon+ Magwi; H/Q Torit
E2 Lomurnyang State: Kapoeta S. + Kapoeta North + Kapoeta East + Budi; H/Q Kapoeta
E3 Maridi State: Maridi + Mundri West+ Mundri East + Mvollo + Ibba; H/Q Maridi
E4 Gbudwe State: Anzara + Yambio + Ezo + Tumbura + Nagero; H/Q Yambio
E5 Jubek State: Juba +Terekeka; H/Q Juba
E6 Yei River State: Yei + Kajo-keji + Morobo + Lainya; H/Q Yei
B1 Wau State: Bagari + Jur River; H/Q Wau
B2 Aweil State: Aweil South + Aweil Center; H/Q Aweil
B3 Lol State: Aweil West + Aweil North + Raga; H/Q Raga
B4 Aweil East State: Aweil East; H/Q Wanyjok
B5 Kiir State: Twic + Abyei; H/Q MayenAbun
B6 Gogrial State: Gogrial East + Gogrial West; H/Q Kuacjok
B7 Tonj State: Tonj North + Tonj East+ Tonj South; H/Q Tonj
B8 Lakes State: Yirol East+ Yirol West+ Awerial; H/Q Yirol
B9 Rumbek State: Cueibet + Rumbek East + Rumbek North + Rumbek Center + Wulu; H/Q Rumbek
U1 Liech State: Rubokona + Guit + Leer + Mayendit + Panyijar + Koch + Mayom; H/Q Bentiu
U2 Ruweng State: Panrieng + Abiemnom; H/Q Abiemnom
U3 Eastern Nile State: Renk + Maban + Melut + Baliet + Akoka + Pigi; H/Q Malakal
U4 Western Nile State: Panyikang + Kodok + Manyo; H/Q Kodok
U5 Jonglei State: Bor+ Twic East +Duk; H/Q Bor
U6 Bieh State: Fanjak+Ayod+Akobo+ Nyirol+Uror ; H/Q Ayod
U7 Latjoor State: Nasir+ Ulang + Maiwut+ Longuchok; H/Q Nasir
U8 Boma State: Pibor+Pachalla+Buma; H/Q Pibor
All the borders of these new states shall be based on 1956 borders of the three provinces of Southern Sudan by then.
1. Ramciel shall be the capital city of the Federal State.
2. Juba shall be the temporary seat of the Federal Government until relocation to Ramciel is determined.
3. The residents of Ramciel and Juba shall have full measure of self-government. Particulars shall be determined by law.
4. The Administrations of Ramciel and Juba shall be responsible to the Federal Government until relocation to new Capital of Ramciel is finalized.
5. Residents of Ramciel and Juba shall in accordance with the provisions of the Constitution, be represented in the National Legislative Assembly.
6. The special interests of Lakes State in Ramciel and Central Equatoria in Juba, regarding the provision of social services or the utilization of natural resources and other similar matters as well as joint Administrative matters arising from the location of Ramciel within Lakes State and Juba within Central Equatoria State, shall be respected. Particulars shall be determined by law.
*This is based on a thorough consultative study with various communities of South Sudan from September 2013 – June 2014.