Constitution and Concept of ‘House of Nationalities’ Revisited "So the humble Tilapia and other smaller fish variety ended up in the same net with the avaricious Nile Perch, Tiger Fish, Cat Fish and the likes – not to mention aliens like Crocodile and Snake!" 08 March 2012
By Jacob J. Akol There has been much confusion about what ‘House of Nationalities’ was intended to mean and what it actually means. The first and important misunderstanding has come from members of larger ethnic communities such as the Dinka and the Nuer - and probably the Bari-speaking group as well as the Zande. It has been widely advocated that the ‘House of Nationalities’ would only be in favour of minority ethnic communities and would marginalise the larger ones. This is false. Let’s look at it closely under the microscope of what took us to war with Northern Sudan; the turbulent ethnic history of post-colonial Africa and how other more stable nations have managed to accommodate minorities as well as the more populous in their constitutions; but let’s take a glance back: The first glaring mistake made by most African nations soon after independence was to assume that the arbitrary colonial borders meant more than mere superficiality to the variety of ethnic communities caught in the same net by colonial fishermen, who threw their nets far and wide; for the greater the variety of fish in the net the happier the fishermen. So the humble Tilapia and other smaller fish variety ended up in the same net with the avaricious Nile Perch, Tiger Fish, Cat Fish and the likes – not to mention aliens like Crocodile and Snake! While they remained suspended and relatively peaceful in their corner of the net through colonial period – contained by a better organised and superior power – the lifting of the colonial net at independence left most African nations ill-prepared for a constitution that should have endorsed the reality that the so-called “African tribes” should have been better redefined in the constitutions in more dignified terms such as “nationalities” with small ‘n’ and accepting that all those with a living language have cultural values. Once this notion is accepted, it follows that cultural values are equal, no matter how large or small an ethnic community. This notion is inclusive and does not in any way discriminate anyone but communicate the noble notion of ‘Unity in Diversity’. It did not happen that way in most cases in Africa. What happened was that the larger ethnic communities stepped into the colonial shoes by taking advantage of their greater numbers in an attempt to control and govern over the colonial geographical boundaries, assuming that the smaller ethnic communities would be all ‘patriotic’ and would understand the good intentions of those in power. It seemed to work for a while following the euphoria of having got rid what was commonly seen as an alien power over the common pool; but it soon felt apart due to either greed for wealth or power or both by elites of the larger ethnic communities who found themselves in power. The result has been coups and counter-coups, civil wars, famine and general instability throughout much of Africa. These are sad facts about Africa which those with blinkers on and eyes focused on a blanket and wishful constitution, will not entertain. Sudan is one good example of what has gone wrong with post-colonial Africa, with extreme case of marginalisation of the periphery, which led to the long wars, some which are continuing today after over 50 years of independence. Can the same marginalisation become a reality in South Sudan now that we are independent? It depends on how our constitution is crafted. This sad history of Africa, and in particular our own in Sudan, I thought, was the reason why some South Sudanese intellectuals -I was not one of them - including many who are now in power in Juba, got together in Kenya to explore the concept of “House of Nationalities” in order to come up with a constitution which is representative and reflective of all the faces of our ethnic communities to avoid marginalisation of minorities. This has now been watered down to “Traditional Leaders Authority”. Whether this will be democratic and comprehensive enough to represent all our ethnic communities remains to be seen. Also, much defend on the level of authority, legislative or otherwise, given them and the influence this group will wield in the national affairs. The reality of South Sudan, in spite of exceptions here and there, is that we remain basically a tribal or ethnically oriented society. When it comes to elections or employment, few will cross the borders of their ethnic communities to vote or engage in business with members of another ethnic community, no matter how better qualified compared to a member of his/her own community. Nevertheless, if electing the President were left to a school elected/educated South Sudanese, there would be a possibility of a member of a smaller or even the smallest ethnic community being elected to the highest office of the land. Were that to become a reality in our constitution, that a college of elected members would have the legal right to elect the president, members of minority ethnic communities could be reassured of the chance to ascend to the highest office. Leaving it to the general electorate through the ballot box may simply end up endorsing all the time a member from the larger ethnic communities. The constitution may include a condition that a successful president of the Republic of South Sudan must, for example, win in at least 7 states of the ten states of the republic of South Sudan or win some fraction that will reassure all citizens from the smallest to the largest. A sense of justice for all should guide the constitution in practical ways. The Swiss have a simply way of resolving the differences between their three tribes/ethnic communities: German, French and Italians: The position of the President is proportionally rotated, so that the German-speaking Swiss who are the majority hold the presidency much longer than Italian-Speaking Swiss who are the minority and the French-speaking Swiss in between. But, then, how many people around here – indeed around the world – have ever heard of the name of the name of a Swiss President? Real power is invested in Kantons (counties or councils). It certainly would not work here with so many ethnic communities. Maybe basing the rotation of the post of presidency on the Greater Regions of Equatoria, Upper Nile and Bahr el Gazal, may be more practical and certainly fairer. How long each region would hold the presidency would defend on the population. Professor Akolda Tier who is heading the Constitutional Commission, has a very tough job in front of him. There is of course no likelihood that his efforts will in the end satisfy everyone; but he must be open now to listen to as many varied opinions as possible. Only then will he and his commission be able to get anywhere near a constitution the majority of our people can live with. Jacob J Akol is editor/director of Gurtong Trust-Peace and Media Project. -- You received this message because you are subscribed to the Google Groups "South Sudan Info - The Kob" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/SouthSudanKob?hl=en.
