The Recognition Of South Sudan State From An International Prospective
By: Daniel Abushery
Daniel, Arizona - U S A
Quote: "The
French Republic no more needs recognition than the sun requires to be
recognized," Napoleon Bonaparte.
MAY 21/2010, SSN;
Surely, home's really sweet home. Indeed, after three long decades away
from South Sudan, my first visit was both emotionally painful and
politically motivating. To be living in a foreign country for as long as
I had, it was a great adventure. I had just about all that I wanted in
life, make no mistake about that, but I was still feeling empty inside.
I was truly missing something that was fundamental, precious, and
unique. It certainly was the extended family members, childhood friends,
relatives, you name it, but above all the city in which I was born,
Nasir.
That emotional but
exciting journey to the motherland took me to the capital Khartoum,
Juba, al Renk and ended in al Nasir, my home town and the gallery of the
Greater Upper Nile State, right on the banks of the great Sobat River.
Before my arrival, I had
enough of all the bad news, only to find out that in the past five years
since the signing of the Comprehensive Peace Agreement, also know as
CPA, some amazing things have taken place, especially in the capital,
Juba. The signs of development are seen in just about anywhere and
everywhere I went, thanks to the government of South Sudan, under the
leadership of one of the founding fathers of the SPLM, Lt. General Salva
Kiir Mayardit and his Vice President Dr. Riek Machar.
By all means, South Sudan's
moving towards the right direction by fulfilling the requirements that
are necessary to become an independent state. However, there remained so
much work to be done in defining the best system of governance that fits
with our culture and norms. To me, federalism is the answer.
On the one hand, we still have difficult
days ahead, especially as the referendum nears. We all need to be
watchful for those who are preying on our unity. Yes, money is a devil,
and it can buy hearts and minds of some people, even in our own
communities. But we must defeat them together.
On the other hand, our
focus must now to convince the world's community to see that we are
indeed up to the task of becoming a nation. However, there are two
theories to recognize a country: constitutive and declaratory theories.
The constitutive theory may
present difficulties sometimes, but the most fashionable theory in the
21st century has been declaratory theory which is linked
historically to the national law school and to the concept of the right
of self-determination. According to this theory, a state exits prior to
recognition and its act is merely a formal acknowledgement or already
established fact.
Most authorities agreed
that before recognition can be granted, the community must possess
certain essential characteristics of a state, these are generally
regarded as being: a defined territory, effective government, and
minimum population.
The capacity to enter into
relations with other states usually deals with the rubric of independent
countries. To constitute the country, first of all, there must be
people, but no minimum limit to size of a state population. A country
must have territorial basis and thus to enjoy the territorial
sovereignty, effective government is required, a political organization
by which relations in the community are regulated and through which the
rules are upheld.
Also, another
characteristic is that the capacity to enter into relation with others
states referred to in the Montevideo Convention means
independence. State stability is not one of the requirements, but is
necessary for the development of the state. It is not easy always to
predict the stability of a new “born" country with certainty.
In conclusion, South Sudan
has good relations with all its neighbors, a land bigger than Great
Britain, has a population more than Togo, a political organization (SPLM),
a government with its all branches, and an national armed forces (SPLA).
Therefore, South Sudan is a
complete state by fulfilling the universal criteria without any doubt,
and the freedom will rein in Rajaf Mountain, because of our commitment,
dedication, self reliance to build a nation.
South Sudan now is a
independent country, even before 2011 Referendum announcement. Sometimes
you need tomorrow to finish what you started today.
South Sudan is an independence country.
The author can be
reached at
nyang19@yahoo.com,
or
ddaniel575@yahoo.com.