The quality of institutions and policies in South Sudan

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By Luka Biong Deng

December 4, 2013 - South Sudan, unlike other countries that are still
struggling to get accepted to the UN, was unanimously accepted to the UN.
Such acceptance came as a result of the long political struggle of the
people of South Sudan for their independence but importantly it came as a
result of the commitment of the international community to the Sudan
Comprehensive Peace Agreement.

Undoubtedly, the birth of this new state came with optimism that South
Sudan will not only be a viable state but it will contribute in promoting
peace and stability in the region. This optimism is based on the fact that
South Sudan stands better chance to succeed because of the strong will of
its people and the commitment of the international community to making
South Sudan a success story. The real question is whether South Sudan
living up to this optimism and putting itself on a path that would minimize
the risk of being prone to the traps of conflict, bad governance and
economic policies and resource curse?

There is compelling empirical evidence that came with conclusion that the
quality of institutions is decisive in determining whether natural
resources endowment is a blessing or a curse. As such, the presence of the
resource curse is attributed to policy failure and bad institutions. For
example the outstanding performance of Botswana as resource rich country is
attributed to the presence of good institutions. Also Norway as one of the
Europe’s poorest countries in 1900 is now one of the richest after the
discovery of large natural resources because of its successful policies and
good institutions. There are also examples of resource rich countries that
failed to perform well because of weak and dysfunctional institutions such
as Nigeria, Venezuela, and Mexico.

The performance of South Sudan as resource-rich country can only be
assessed in the context of its institutions and policies. The Country
Policy and Institutional Assessment (CPIA) of the World Bank provides the
most reliable and robust tool for assessing the quality of institutions and
policies of every country. The overall CPIA score of South Sudan (2.1) in
2012 was not only below the average score of Sub-Sahara (3.2) but the
lowest score in Africa. In particular, South Sudan has been less performing
in economic management, public sector management and institutions clusters.
In particular debt policy, monetary and exchange rate policy, revenue
mobilization and fiscal policy are the worst performing clusters.

The real question is why South Sudan is performing so poorly in terms of
institutions and policies after its independence? I would like to shed some
light on the performance of some institutions and quality of some policies
adopted after the independence in 2011. The performance of SPLM as a ruling
party is important in explaining the poor performance exhibited by the
government of South Sudan. The SPLM as the ruling party has not been able
to provide guidance for the policies being adopted by the government of
South Sudan.

Most of the policies adopted by the government of South Sudan are policies
formulated by individuals in various ministries without any political
guidance and direction. Even the current constitution of the country was
not internalized within the structures of the SPLM before it was passed by
the parliament. The SPLM as a ruling party seems to be focusing more on
leadership than providing direction and right policies for the government
to meet the aspirations of the people of the South.

It is even not known now whether the SPLM exists as some of its leaders
cast doubt with rather conflicting statements on the legitimacy of the
current structures of the SPLM. While the SPLM Secretary of Foreign
Relations and ironically the Minister of Information confirmed that the
structures of the SPLM are null and void as allegedly directed by the
Chairman of the SPLM or by an order to be issued, the SPLM Second Deputy
Chairperson indicated that the SPLM structures are not dissolved and the
long awaited meeting of National Liberation Council will be convened on 9th
December. One wonders how such a meeting will take place without the
meeting of the SPLM Political Bureau.

Whatever the case, a serious damage has been done to the image of the SPLM
as a ruling party that is expected to set a good example in respect of its
institutions and constitution. Dissolving the structures of the SPLM will
not only be unconstitutional but it will be a political suicide that may
create political unrest and instability. With tainted image and the
dysfunctional institutions of the SPLM, the people of South Sudan are right
to indicate in the opinion poll that their country is not heading to a
right direction.

The recent outcry about the devaluation of the currency shows vividly the
weak institutions and unstructured decision making process in South Sudan.
There is wealth of evidence that suggests the flexible exchange rate policy
is the appropriate policy option for the resource-rich countries as that
would ameliorate the negative impact of weak fiscal discipline and the
volatility of government expenditures that are currently experienced by the
economy of the South. It does not require a sophisticated economic
reasoning to figure out that the fixed foreign exchange policy adopted by
the Central Bank has been hurting the economy. As mentioned earlier, the
quality of monetary and exchange rate policy adopted by the Bank is one of
the worst performing policies.

In fact this fixed exchange rate system has resulted in well-connected
individuals to benefit from the premium between official and market
exchange rate and led to a substantial redistribution of oil wealth and
rent-seeking. Some reliable sources estimated that what the South is losing
from this discrepancy between official and market exchange rates may exceed
its aggregate foreign aid and assistance. Although the timing of the
decision might have triggered nationalistic concerns, the Bank was right in
its much-awaited decision to devalue the currency.

The way the decision of the Bank was reversed raises fundamental question
of how institutions function and decisions are made in South Sudan? The
Constitution provides for the establishment of the central bank as an
independent corporate legal entity responsible for the formulation, conduct
and implementation of monetary policy. The Constitution also provides for
the establishment of the Board of Directors of the Bank as the highest
policy-making body and to be responsible to the President. The wisdom of
having central banks as an independent corporate legal entity is to ensure
their decisions are guided by rigorous economic analysis and rationale
rather than political interests.

Regardless whether the decision of the Bank to devalue the currency was
right or wrong, it was unconstitutional to force the Bank to reverse its
decision. The Parliament has not only passed the Constitution and the Bank
of South Sudan Act that established the Bank but it also approved with
two-third majority the appointment of its Governor and two deputy
governors. In fact the parliament did not question their competence and
expertise when entrusting them to head the Bank. This intervention by the
Parliament in the affairs of the Bank raises fundamental question of how
will the Bank function in the future as an independent corporate legal
entity. The Parliament has almost assumed the role of the Board of
Directors of the Bank in formulating monetary policy as mandated by the
constitution.

As the issue of exchange rate policy is technical, the parliament would
have subjected this issue to an in-depth scrutiny by its specialized
committee before taking any decision. It seems the decision making process
by the Parliament as provided for in the conduct of business regulations
has not been followed. This reminds me the way the current Speaker was
overwhelmingly elected by the Parliament but without adherence to the
process provided for in the conduct of the business regulations. As
parliament represents the will of the people, it is expected more than any
other institutions in South Sudan to uphold constitution, protect
institutions and respect of rule of law.

With this account, one is afraid that the Country Policy and Institutional
Assessment (CPIA) score of South Sudan will deteriorate further in 2013.
The optimism about the future of South Sudan is gradually fading away. The
leadership of the SPLM, in the name of the selfless sacrifices of its
martyrs, has a national obligation to reverse this trend by upholding the
structures and constitution of the SPLM as the basis for consolidating
unity and nurturing democratic culture within the party. It is then, the
SPLM will be able to take the lead in democratic governance, strengthening
of institutions and adopting right policies that will put South Sudan on
the path of stability, good governance and prosperity.

*The author is a Fellow at Harvard Kennedy School, he can be reached at
[email protected] <[email protected]>,
[email protected] <[email protected]>*

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