PROPOSAL FOR A CONFEDERAL SYSTEM OF GOVERNMENT IN SOUTH SUDAN
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<http://www.nyamile.com/2016/08/31/proposal-for-a-confederal-system-of-government-in-south-sudan/#respond>

BY Dr. WESLEY BOKATI NATANA ABRAHAM,

A Concerned South Sudanese elder,

Nairobi, Kenya

*August 31, 2016(Nyamilepedia)* —— *Background:* At independence on 9 July
2011, South Sudan was at war with at least seven armed groups. According to
UN figures, the various conflicts affected nine of its ten states, with
tens of thousands displaced. Joseph Kony’s Lord’s Resistance Army (LRA)
also operates in a wide area that includes South Sudan. The fighters accuse
the government of plotting to stay in power indefinitely, not fairly
representing and supporting all tribal groups while neglecting development
in rural areas.

President Salva Kiir alleged that on 14 December 2013, a (largely Nuer)
faction of the Sudan People’s Liberation Army loyal to former vice
president Riek Machar attempted a coup d’état and that the attempt was put
down the next day. However, fighting broke out, igniting the South Sudanese
Civil War. Machar denied trying to start a coup and fled, calling for Kiir
to resign. Ugandan troops were deployed to fight on the side of the Kiir.
In January 2014 the first ceasefire agreement was reached. Fighting still
continued and would be followed by several more ceasefire agreements.
Negotiations were mediated by “IGAD +” (which includes the eight regional
nations as well as the African Union, United Nations, China, the EU, USA,
UK and Norway). Following a ceasefire agreement in August 2015, known as
the “Compromise Peace Agreement”, Machar returned to Juba and was sworn in
as vice-president. Following a second breakout of in Juba, Machar was
replaced as vice-president and he fled to Sudan.

There were ethnic undertones between the Dinka and Nuer in the fighting.
The conflict has killed up to 300,000 civilians, including notable
atrocities such as the 2013 Nuer Massacre in Juba and 2014 Bentiu massacre.
More than 1,000,000 people have been displaced inside South Sudan and more
than 400,000 people have fled to neighboring countries, especially Kenya,
Sudan, and Uganda, as a result of the conflict.

The best solution to have a permanent and lasting peace in South Sudan has
not yet been found till today. However, as a concerned South Sudanese
citizen, I am now convinced that the best solution to end the current
conflict and ensure lasting peace in South Sudan is to introduce a
Confederal System of Government in south Sudan.

Under this Confederal System of Government, three Confederal States will be
established as follows:-

   1. Greater Equatoria Confederal State
   2. Greater Bahr-el-Ghazal Confederal State
   3. Greater Upper Nile Confederal State

*But what is a Confederal System of Government?*

A confederal system is a mode of government in which a number of smaller
states choose to delegate some of their policy making rights to a central
body. In this way, the collection of the smaller states of Greater
Equatoria, Greater Bahr-el-Ghazal and Greater Upper Nile can be thought of
as a country.

*How does a confederal System of Government work?*

In a confederal system, these smaller states of Greater Equatoria, Greater
Bahr-El-Ghazal and Greater Upper Nile will make up South Sudan as a country
but will have the right to pull out from under the central government at
any time. Some of the services that they will cede to the central
government will include foreign affairs, internal security issues, military
defense, and in some cases, health services. The states that will form
South Sudan as a country will retain their legislative rights, which will
give them more power and resources.

*What are some of the examples of a Confederal System of Government which
South Sudanese can learn from?*

A good example of this is the former Soviet Union, which was a
conglomeration of a large number of smaller states. Another good example of
a modern confederal system is the Swiss canton system, in which each of the
cantons make most of the policies they need.

*What are some Advantages of a confederal System of Government?*

As you are all aware, the polity of a country is reflected by its
government. Each country adopts a different kind of government, or
authoritative system, considering the needs of the nation. Governments
around the world are mainly defined by the role and relations between the
center and the states or political divisions. Countries of the unitary type
have very powerful central governments.

   1. In a federation, power and resources are shared between the center
   and the states. However, a confederation is one kind of government
   characterized by an inverse center-state relation, where the states are
   more powerful than the center.
   2. A confederate government is one where individual nations or states
   have united to form a confederation. It is also known as an alliance.
   Confederation implies cooperation among the member states over significant
   issues. This type of government symbolizes a centripetal action, where the
   individual units coalesce to form a league.
   3. The most important feature of a confederate government is that, the
   center derives its power from the states or provinces. Although there may
   be a common constitution or document specifying the soul of a nation, it
   does not stand as the source of power for the central government, which is
   true for the majority of constitutional governments. Rather, in a
   confederation, for the center to decide upon any important issues, it would
   require an agreement of all its confederates.
   4. Government Confederacies are a unified body of individual states or
   provincial units. These peripheral units are stronger than the union. They
   coexist, but maintain their

separate identities. Each region, canton, or province is considered equal,
and has a say in shaping the nature of central authority.

   1. Decentralization of Power: States being the decision makers, this
   governance is completely contrary to the unitary form of government. Thus,
   legislation and execution is divided among the provincial and local
   governments. Local governance minimizes the growth of the center, and
   reduces the risk of it turning into a dominant union or tyranny. Democratic
   Republics, particularly, are known for the principle of sovereignty.
   2. In a confederation, the citizenry is focused more; their needs are
   better addressed. Thus, the concept of ‘citizens being the real sovereign
   of a nation’ is realized in this type of government.
   3. Cooperation: Every state is an independent and sovereign unit of the
   federation. Agreement among these equals makes decisions over common issues
   easier. The flow of power is from the periphery to the center, which
   ultimately rests on the principle of cooperation among the confederates, at
   least over common concerns.
   4. Speedy development of the Confederal States
   5. No tribal conflicts or tribal domination of a national governance
   system
   6. It will prevent South Sudan from total disintegration
   7. It will prevent South Sudan from becoming a failed Country

* Articles of Confederation for the States*

Articles of Confederation will be developed. The main purposes of these
Articles are

   1. To unite the Confederal states of Greater Equatoria, Greater
   Bahr-el-Ghazal and Greater Upper Nile.
   2. Give the three Confederal states of Greater Equatoria, Greater
   Bahr-el-Ghazal and Greater Upper Nile a united foreign policy
   3. Under the Articles of Confederation, every confederal state will have
   equal representation and a single vote in the unicameral legislature at the
   Central government
   4. Under the articles of Confederation, the Central Government will be
   left with Defense, Foreign Policy and printing of national currency.

Therefore, the new proposed Confederal System of Governance in South Sudan
will look like this:-

[image: confederal]

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