Peril of ethnic federalism in the Republic of South Sudan

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By Stephen Par Kuol

April 16, 2013 - United by common struggle against common oppression,
the people of Southern Sudan’s three provinces of Bar-El -Gahzal,
Equtoria and Upper Nile had been clamoring for federalism since the
sudanization period. They had been exacting that with protracted
tenacity until a sort of quasi federalism was introduced with the
signing of the Addis Ababa Accord in March 1972 granting the three
provinces regional political autonomy. Although such a federal
arrangement temporarily resolved the South- North Conflict, it ushered
in another conflict (South – South Conflict) transpiring into Kokora.
The Kokora (re-division) as we knew it then meant different things to
different political factions of Southern Sudan. To its proponents, it
was meant to introduce a more meaningful federal system with equitable
sharing of power, resources and employment opportunities. To its
opponents, it was a malicious project to politically fragment the
South as one geopolitical entity.

Whether the Kokorists meant well or not, the unfortunate truth was
that it brought about vicious infighting resulting in the eventual
loss of the very hard won regional autonomy in 1983. Uncle James Agor,
one of the veteran politicians and intellectuals of that generation
described it in one of the recent discussions on SPLM-Diaspora Network
as a politics of greed and tribalism. Both General Joseph Lagu and Mr.
Abel Alier, the key players of that game also confessed it in writings
and public pronouncements as a life time political blunder. The only
progressive experience out of that federal arrangement( regional
autonomy) in my own view was that it helped shaping the Southern
region into a separate and distinct sub-national entity within the
Greater Sudan setting the stage for the next round of the national
liberation struggle that culminated in CPA and Independence on July 9,
2011 .Other than that, the politics of the High Executive Council set
in motion an extremely divisive political tribalism which eventually
brought to the fore the intra-Southern factional politics that
manifested itself during the last round of our national liberation
struggle spearheaded by the SPLM/A.

Despite all the political infightings and divisions, the SPLM
leadership upheld the historical aspiration for self- rule.
Ironically, the NCP system of federalism that divided the southern
region into ten states was confirmed. In practice, this federal
arrangement for the most part created ethnic based states and counties
calling for ethnic boundaries. This federalism system is characterized
by highly localized politics that tends to take bitter sectional
divisions from boma level up. Along this direction, the tribes, clans
and sections have been demanding more counties and ethnocentric
states. Every section demands its own small administrative entity in
the name of federalism and devolution of powers to the grass roots. As
the history repeats itself, the Juba politics of the day is dreadfully
gathering regional and ethnic streams. Regional conferences have been
convened not only to express ethnic and regional solidarities but also
to table ethnic political demands in a very divisive tone. In those
regional and ethnic platforms, national fraternities are clearly
subordinated. Prominent national political figures take the stage to
stoop low and sound like tribal demagogues. Evidently, the raw tones
of those forums have created a negative sentiment that tends to
further polarization of the national politics along ethnic and
regional lines. Cheap unity of purpose to promote localism has thus
prevailed over timely issues such as food security, human resources
capacity building and national security.

The political science scholars who contend that every politics is
local have gotten it more than right in the case of South Sudan.
Presently, local political voices call the shot even in affairs that
are supposed to be exclusively national. Everything political affair
is openly influenced by the tribal chiefs and the so called community
leaders. “It is our turn to eat” is the name of the game. Merits
matter less in such matrix-es as the voices of the communities
override them. Public posts whether at civil service or constitutional
levels are allocated to tribes, not qualified and competent
individuals. Federalism is scientifically defined as a system of
government in which political powers are decentralized and devolved to
the peripheries. This way, the peripheries become autonomous centers
of political powers in their own right. I lived the beautiful
experience of that in the United States and enjoyed the benefits that
come with such system. The peril in our case is the ethnic nationalism
behind the drive for it as things stand now. What is even more
perilous at the core is the politics of ethnic boundaries which has
been violent by the day since the year 2005. Any astute observer of
the current political affairs in South Sudan can easily agree with the
author that the prevailing intra-tribal boundary politics is a ticking
time bomb clock hanging over us at the time of this writing.

In blatant violation of their constitutional right to move, settle and
own properties anywhere in their vast country, South Sudanese are
treated like illegal aliens in their own land by their own fellow
citizens as citizenship rights are politically confined to ethnic
enclaves. Borders conflicts have then been raging every since. The
last eight years in South Sudan has witnessed a war of man against
every man over the land issues in the entire country. It has been
tribe against tribe, county against county, clan against clan.
Thousands of people have been killed or displaced as results of those
intera- tribal or inter clans’ conflicts. In Upper Nile State, it was
Dinka of Baliet versus Shilluk of Panyikang counties over Malakal,
Nakdier and Lul Payams. Lou Nuer of Akobo County in Jonglei State and
Jikany Nuer of Ulang and Nasir Counties over Barmach and Wanding
Payam. In Jonglei State: Uror county and Duk County over Pajut Payam.
Shilluk of Panyikang versuss Dinka of Piji/ Korfolus counties over
Piji area. Shilluk and Lou Nuer over Obel Payam. Even in one ethnic
community of Twic East County a conflict erupted between Ayuaal and
Dachuek clans over Wangeli Payam. In Greater Fangak, it is the
prevailing border dispute between Piji and Fangak counties on one hand
and Ayod and Piji on the other over Kolanyang and Bielewiech
respectively ·

There is also Ker or Aker conflict between Ayod and Duk counties . In
Central Equatoria, it was Mundari and Bari community at Jebel Lado
Payam. Dinka Bor of Pariak and Mundari of Jamaza Payams. In Juba Bari
community has been fighting constantly against unlawfully land
grabbers. In Eastern Equatoria, the counties of Parajok, Budi, Numle
and Kapeota have also been experiencing several fighting over land
issues between the communities of Acholi, Madi, Didinga and Taposa and
Dinka Bor settlers. In Lakes State, different Dinka clans have been
fighting among themselves over land issues which resulted in lootings
of livestock and death of people on both sides. Rumbek County in Lakes
State and Morobo County in Western Equatoria over land issue in which
several people died. Most recently, it was Balanda Community against
the Government of Western Bar Elghazal over Wau town.These mini
inter-communal conflicts are not storms in a tea cup. They can quickly
plunge this country into the state of Somalia. It is very unfortunate
that our people have misconceived federalism as a creation of
independent tribal states and that is where comes what I call peril of
ethnic federalism in South Sudan. It is a menace that could sinks the
ship of the new republic if not treated with the diligence and
vigilance it deserves.

True, federalism is a globally the accepted trend but my own humble
observation is that South Sudan has had a false start with federalism
from the word go! It is not creation of ten states and 79 counties
that bring about true federalism. It is rather the practical
application of democratic federalism that goes to the bottom of
issues, not quasi federalism whose constitution contradicts the basic
tenets of federalism (decentralization). You can call it anything but
in my book; it is ethnic federalism which is not only divisive but
also expensive to run. A traumatized and young nation like ours should
have started small with democratic unitary system with strong central
government that regulates land issues to serve the best interest of
the national public security, not loose empowerment of tribal chiefs
to run the countryside like their private backyards. Excising their
absolute domain over the land, the ethnic groups have gone as far as
interfering with town surveys and allocation of plots for development
in several capitals throughout South Sudan.The mockery of the whole is
illustrated by the fact that the same people who blame Bari Community
for not allowing other South Sudanese ethnic groups to settle in Juba
are practicing the same thing in their home state capitals.

Depending on what we want to achieve with this loose ethnic
federalism, we will ripe what we have sawn so far. Experiences
elsewhere have proven that “Ethnic Federalism has not dampened
conflict, but rather increased competition among ethnic groups over
the land, natural resources, administrative boundaries and government
budgets. The case in point is the experiment of the Ethiopian People’s
Revolutionary Democratic Front (EPRDF), led by Prime Minister Meles
Zenawi which transformed the previously centralized state into the
Federal Democratic Republic in the 1990s, redefining citizenship,
politics and identity on ethnic grounds. The stated intent was to
create a more prosperous, just and representative state for all
citizens. The economic aspect of that project might have been achieved
as planned but it has resulted in deep polarization of the national
politics. That is exactly what is unfolding now in South Sudan. Take a
deep look into the trend of regional alliances of today in South Sudan
to see where we are heading to.

Too often, analysts in South Sudanese media confuse democratic
federalism with ethnic federalism. There is also a naïve belief that
democracy can be attained only through federal constitutional making.
Writing from a practical experience, I respectfully differ. A very
personal journey in my previous career as a diplomat took me to the
United Republic of Tanzania which happened to be the most democratic
and politically stable unitary state in this region. It is also the
only country without tribal chiefs in the continent. So democratic
federalism does not have to be ethnic to perfect or maximize its
benefits. It can still work even better if we all share Juba, Malakal
and Wau as multi-ethnic counties.
As we move inexorably towards a permanent national constitution, South
Sudanese must reflect again on the federal character enshrined in the
existing transitional constitution. It is important to note that
although the country is structurally federal at the moment, the
sentiments and passions behind the drive for it has a tribal character
that needs to be remedied through a creative and accommodative
political mechanism, which must include encouraging multi
ethnic-states and counties for the best interest of peace, security
and national integration. Otherwise, we can continue with the course
charted so far, but at a very high peril.

The author is the current State Minister of Education in Jonglei
State. However, the views expressed in this article do not represent
the official view of Jonglei State Government but his own as citizen
of South Sudan trying to contribute to the ongoing constitutional
making.

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