South Sudan Nation State: A need for a right start with federalism

BY: Bor Gatwech Kuany*, SUDAN

JUNE 25/2011, SSN; The people of southern Sudan will declare their
independence within a few days after a bitter struggle that has
spanned for half a century and killed more than two million people.
The struggle was waged before the official independence of the Sudan
itself and fought by rebel movements that have allegedly accused the
northern riverine tribes of marginalization and racial and religious
motivated discrimination where power and resources are centralized in
Khartoum.

Alas, the south will be officially independent on July 9 come rain or
shine. But will the south prove the north wrong after the amicable
separation?

Will the south be able to establish a system that will avoid the image
displayed by the dead old Sudan? Or the ruling elite could probably
say we are a baby and must wait!

In the current debate of the transitional constitution designated to
guide the nascent state of the south for four years, some prominent
politicians and leaders from various sectors in the government have
argued that we need a government with power centered on the national
presidency in particular or executive in general because of the
following reasons:

1. We are too young for a federal democratic system.
2. South Sudan is an illiterate society that could not understand the
basic tenets of democracy.
3. The region is ripe with rebellions and armed insurrections that
need an iron-fist to quell.
4. The incumbent President is to be given the transitional period and
the people will do their own constitution after four years time.
5. We need dictatorship to unite the hostile south Sudanese tribes so
they become a nation state.
6. All governments or nation states formed after war must centralize power.

Firstly, I have to assert that I don’t agree with any excuse that will
deny the people of south Sudan total freedom and dignity. I therefore
like to affirm that I refute the above excuses with the following
responses:

1. We are too young for a federal democratic system:
I don’t totally agree with this argument. In fact I have some
questions for those who argue that we are too young to establish a
decentralized federal state: Is it the people or the nation who is
young? And who will run the other? Is it the people who will run the
state or the other way round?
The reality is that South Sudan will be the youngest nation at world
stage, but the people who will form it were in British colonial
government, the Arab dominated governments of the Sudan and all the
rebel movements that have been fighting successive regimes in
Khartoum.

So how come you tell me today that we are young to form a federal,
democratic nation state in the world with this immense experience at
our disposal?

What did the Irish and British convicts have to form a commonwealth
federal democratic constitution for Australia in 1901? What did
Christian converts have to form the federal democratic United States
of America 200 years ago?

For your information, the constitution of the United States of America
didn’t evolve over time, but drafted by the founders of that nation
right at the creation of it. So don’t adjourn things to later days
that we are too young to form a federal democratic nation now.

The people of south Sudan shall break away from the old Sudan and form
their own nation state because the Sudan was wrongly started. The
people who will form this nation state have immense experience within
and out of the Sudan that is now disintegrating.

We were Vice Presidents, Ministers, Members of parliament, Army
Generals and Ambassadors in the Sudan that we are walking away from.
And we walk away from the Sudan simply because it was insufficiently
established. So we need a better system that satisfies our aspirations
like what happened to those who found the free world.

And how can we say we are young now to establish the best system of
government in the world when we have that immense experience? Should
we establish something less than the Sudan that we are walking away
from by claiming that we are young? And so why do we waste time
walking away if we are still a baby as claimed by some politicians and
leaders? We have to be with our mother and father until we grow up to
walk away!

To my best knowledge, the only type of governance that could cement
our effort to establish a viable nation state is federal system. We
have been in a centralized system in old Sudan that we vehemently
rejected during our referendum. It doesn’t matter who is centralizing
power or resources, it all hurts. We have to allow our people to have
a say on how they could be governed to avoid failure. We have to prove
the north wrong by decentralizing our power and resources!!

2. South Sudan is an illiterate society that could not understand the
basic tenets of democracy:
I totally concur that many people in south Sudan cannot read and
write, though no tangible statistics has ever been recorded. But what
are those tenets of democracy that could only be understood by a
university professor? Did it take us to read and write for us as
people of south Sudan to know whether the north was treating us fairly
or not? If not, why do you want all of us to go to university first to
make south Sudan a democratic country?

The reality is that it does not need a human being to go to school to
know about his/her basic rights. Democracy is all about fairness,
freedom and upholding of basic human rights. Illiterate people know
about these basic tenets and so let's not adjourn democracy in the new
south Sudan until everybody is literate!

3. The region is ripe with rebellions and armed insurrections that
need an iron-fist to quell:
I agree that the south need to strongly confront all those who break
its laws and illegally run militia activities. But this cannot be a
license for dictatorship. Furthermore, it is important also for our
leadership to know that lack of freedom can be a recipe for rebellion.
We need to differentiate between dealing with criminals and legitimate
quest for freedom and fairness.

4. The incumbent President is to be given the transitional period and
the people will do their own constitution after four years time:
The incumbent President of the people of south Sudan is a man with a
legacy. He is one of the founders of the historic SPLM/A. He fought
side by side with our late leader, Dr. John Garang. He contributed
immensely to the struggle both through war and peace. He took his
scepter and smitten the sea so the people of south Sudan could go to
the other side of the Red Sea before the enemy could catch them.

He is now safe with his people in the Promised land. I don’t really
understand why he could beg the people of south Sudan who extremely
trust and revere him to be given power to take them back to Egypt
again. What do you want my president to do in the next four years
without your people?

If I were you, I would do the following towards, on or after July 9:
• Tell the people of the south to write their own constitution whether
transitional or permanent.
• Accept their offer for me to head their nation state during the
transitional period.
• After successfully establishing the Federal Democratic Republic of
South Sudan during the transitional period and having signed the
permanent constitution for them, requests my party SPLM to prepare
somebody else to take over.
• Start looking after my family. In this way, I would remain the
President of this country beyond life and another Mandela of south
Sudan.

5. We need dictatorship to unite the hostile south Sudanese tribes so
they become a nation state:
The people of south Sudan are typical in the world. It is a proven
fact that you cannot dictate them to adopt an ideology. Dr. Turabi is
a living witness to this fact. Southerners rejected Islamic state of
the Sudan. They rejected Western imperialist colonization. They will
also reject southern national state that is dictatorial.

The tribes are already a nation state. I learnt that one of the
reasons why leaders intent to concentrate power in the center is to
prevent tribes breaking away further to form their own nation states
or join other existing nations. I think this is completely outrageous
and delusional. The people of south Sudan have a living history that
unites them as a nation. There is no need to invade each tribe to form
a southern Union with the rest. They have already fought for it, so
there is no need for any aggression.

The people of southern Sudan just need freedom to develop their
cultures and languages to build a bigger Union of south Sudan in
diversity. I don’t think that there is any tribe who intends to form
its own state or join Uganda, Kenya or Ethiopia. And even if it may be
the case, dictatorship would not be the solution to such an issue.
Only democracy that makes unity attractive is the only solution to
everything for us to make a perfect Union and a viable state.

7. All governments or nation states formed after war must centralize power!
I totally disagree with this concept. There is no connection between
liberation struggle and concentration of power in the center. Of
course some argue that the south must have a centralized government at
the start to be able to establish a functioning bureaucracy. But we
have to learn from other people so we don’t commit the same mistake.

For example, the case of Eritrea. They have centralized power since
time of their independence with the pretext that they want to
establish an accountable and effective system.

But where are they now? A failed state!

And our bigger example should always be the old Sudan. Let's prove the
North wrong by establishing a free nation in the south.

* The author is a member of Sudan National Assembly and can be reached
at [email protected]

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