18 Sep 2018

 

Call For South Sudan Tricameral House

"King Wilson Gbudue has consistently been saying: “…When chiefs are gathered, they will discuss issues that are affecting them and settle issues that can bring conflict among the people. That was the policy of our beloved leader Dr. John."

 
By Acuil Malith Banggol (MATLC)
 
Juba, Republic of South Sudan, February 24, 2018
Pronouncement of sovereign nation state of Republic of South Sudan, on July 9, 2011 inspired enthusiasm for freedom, peace and prosperity for all. For centuries, there were sufferings due to injustice, inslavery, marginalization, exploitation, destruction, looting, exclusion, social disharmony and no development.
 
Sadly though, by 2003 to no end in sight, despite modern nation state having sons and daughters of South Sudan in helm of leadership, the former revolutionary cadres suddenly have turned looter elites, military and political oligarchs. There is now more social disharmony, more wanton killing, bad governance; corruption and acute lack of an envisaged citizenry-nation state social contract. The bicameral house of National Legislative Assembly and Council of States has excluded the traditional governance system of mutuality and peaceful coexistence.
 
There came in a chronic acute ethnic tension, hate, poor governance characterized with exclusivity and lack of trust. The noble goals envisaged of regional and social diversity was being eroded. There was no mechanism to enhance citizenry-nation state social contract, national unity in diversity with a command national loyalty as Jenuubeen.
 
SPLM’s manifesto 2008 called for decentralized power structure redefining the relation between capital and the regions, now 32 federal states; with a view to devolving more federal powers to the regions, states; and, where and when necessary, full autonomy. To sustainably achieve these noble goals, the paper calls for institutionalization of a South Sudan Tricameral House.
 
This could be a consultative forum institutionalized and operated by adding, the constitutionally mandated National Council of Traditional Authority Leaders (COTAL) in accordance with article 168(2) of SSTC 2011, to existing National Legislature. This agenda could be added in Phase III of ACRSS 2015 revitalization. This is to institutionalize a routinized consultative annul/biannual meeting and collaborative mechanism to buffer the roles of current National Legislative Assembly and Council of States consisting of oligarchs.
 
Since the British colonial era, during the recent past, even now and possibly in the foreseeable future such consultative forums could institute an organizational culture expected to play positive roles.
 
The proposed practice should include efforts to incorporate and involve Traditional Authority Leaders (TALs) to enhance mutual dialogue and peaceful coexistence amongst the rural Peoples of South Sudan and improve citizenry-modern nation state social contract.
 
To reiterate, the envisaged Tricameral House is visualized as an annual or bi-annual meeting that could bring the existing bicameral house of National Legislative Assembly and Council of States on one hand and on other the (COTAL) to form a consultative House of the Peoples. This could instrumentalists a national level dialogue for wider ownership and inclusive collaborative decision-making process for wider ownership and actions.
 
In phase three of ACRSS 2015 revitalization, there could be furthermore discussion to institutionalize and operate the Boma Administration, as mandated by section 19(3) of Local Government Act (LGA) 2009, is recognized as the third layer and a domain of the TALs. This could instill in the envisioned twining between Political Nation State (National, State, County and Payam) together with the history long Societal Nation State that is the Traditional Commune Federal System (TCFS).
 
Honest and genuine South Sudanese nationals must now wake up to stop this dishonesty ploy through IGAD and Troika purporting to bring peace to South Sudan. Mediators through help of opposition are now institutionalizing a state of chronic transitional governance. South Sudan is being most likely subjected to chronic state of anarchy or it might end up being dismembered or become an extension of Congo tragedy.
 
In reality, South Sudanese political, military and elites oligarchs, joined by former revolutionaries turn looters, have become the classical agents of neo-colonization to dehumanize and loot the riches of South Sudan. Why this proclamation? There is a desperate attempt to create South Sudan as an extension of Congo tragedy. The fertile soil to achieve this dirty game is founded in extending the out-of-place perceptions of transitional mechanisms of CPA 2005 through ACRISS 2015 justifying separate armies and power sharing. This was clear in the so call balanced of forces against all odes that security is the monopoly or a viable modern nation-state.
 
In contrast to the oppressive, exploitative and exclusive colonial state, Johari (2010: 47) suggested that: “…there are four elements that constitute a people-centered modern nation-state. Firstly, the people – population – that live in peace, security. Secondly is the land and territorial integrity that is enabling productivity to meet the basic needs and production. Thirdly, the government that is able to protect the life and the property including protecting territorial integrity against any aggression. Fourthly, the sovereignty and supreme power and authority that is unchallenged in safeguarding the internal and external socio-political economic and cultural sphere of the citizens...”
 
So what was the source of the theory of balanced forces and power-sharing arrangement that was imposed on South Sudan? It was a design to create South Sudan to be still born into transition. It has happened. More death shall occur with these two conspiracies.
 
It is a mistake to allow military, political and elites oligarchs now in opposition to call for separate armies to undermine the sovereignty of South Sudan beyond July 9, 2011. This ploy should be stopped.
 
The next phase of revitalization should include the elements of Traditional Authority Leaders (TAL) as mandated by articles 2, 4, 33, 36(4), 166, 167, 168 and 169(3) of SSTC 2011. New agenda is needed. This could be through home grown approach to incorporate TALs and Council of Traditional Authority Leaders (COTAL) as mandated by article 168(2) of SSTC 2011.
 
Hence, while going to the Third Phase of ACRSS 2015 the governance agenda should include two issues:
(a) Tricameral House by ways and means to discuss how to institutionalize article 168(2) of SSTC 2011 to become the Third Chamber.
(b) South Sudan National Dialogue to make it inclusive and allow international observers to ensure that all political divides are allowed to participate at all levels.
 
This paper cherishes the declared goals of the South Sudan National Dialogue as came and perceived and means to include:
(1) To end all forms of conflict in South Sudan: restitution, mutual recognition, rule of law, sustainable retirement support and sustainable DDR and adherence to article 37 of SSTC 2011…
(2) To redefine and reestablish stronger unity in diversity: mutuality, collaborative existence, shared values, a routinized consultative forum for listening and harmonization…. And
(3) To strengthen social contract between citizen and the nation-state: rights and dues and inclusivity.
 
So if there is a genuine search of sustainable and peaceful coexistence to be brought in by the revitalized ACRSS 2015, then, why ignoring such an opportunity.
 
The fiction of Troika and IGAD is now obvious in their hidden agenda by ways of sleep walking South Sudan into disharmony and total dismembering of its Jenuubeen social contract. Encouraging the opposition to suggest unbelievable terms like separating armies, power sharing and dissolution of 32 states is institutionalizing this.
 
Let me be clear here. I am ready to discuss the issue of 32 states, if needs be. My position is that I do not want my Twic Stat to be abolished. I have reasons to assume that more states agenda is a demand and is a popular view in Twic State. I could claim to advocate in asking my Twic Community to decline from seeking any transfer of money coming from Juba.
 
To have sustainable governance, Twic State is ready to explore its Traditional Communal Federalism (TCFS) of wuts, which are many and are well established in Twic State. An Executive Chief heads each wut, according to our traditional governance system.
 
Twic State has Twic East and Twic West subsections which are peacefully coexisting in harmony, mutuality, and we are interdependent. Twic State has six counties but they could be more if they so which. We could establish new public administration founded upon our traditional governance system.
 
Twic State could afford to maintain its TCFS and a modern Public Administration that could efficiently facilitate roles of individual and communities through its traditional elements to sustainably create wealth and develop its resources.
 
We shall have Twic State Legislative Assembly, which is now accommodating military, political and elitist oligarchs, I am included. Twic State COTAL as the second chamber mandated by article 155 of Twic State Transitional Constitution could be institutionalized.
 
This paper is not inventing new theories. There has so far been honest observation on possible roles of TALs and COTAL abilities to bring a lasting peace into South Sudan. Let me give some examples. JMEC chair Festus Mogae convincingly stated in one of his observations that TAL leaders have been effective as mediators and adjudicators in implementing peace and conflict resolution. Speaking during a meeting with Chief Council of South Sudan in Juba in 2017. Mogae said:
“…We can all agree that traditional leaders have historically been effective mediators and adjudicators in their communities by implementing positive traditional forms of peacekeeping, conflict resolution and intervention on behalf of victims of injustice,”
 
He said traditional leaders and institutions play a key role in facilitating the process by which hostilities can be brought to an end…) Mogae explicitly expressed that: “…I appeal to you [TALs] as I have done to the rest of the leaders of this country to go all out and bring peace and reconciliation by extending friendship to all including estranged members of the opposition, offering assurances of safety…” This is attainable with help of mediators while mandating upon a South Sudan nation state, its constitutional obligations.  
 
Interviewed by Jacob J. Akol, Gurtong, March 2008, Prof. Alfred Lokuji stated: “…First and foremost, they [TALs] are the only institution many of us in traditional localities know. The district commissioner and any government official from the towns are visitors and often have to be introduced even to the way the communities they are visiting think. In spite of the fifty years of independence, the governance we inherited from colonialists has not penetrated our cultures and still remains strange to the vast majority of our Peoples. I believe that the majority members of our rural household could never talked to a government official without consent from their community leaders...”.
 
King Wilson Gbudue has consistently been saying: “…When chiefs are gathered, they will discuss issues that are affecting them and settle issues that can bring conflict among the people. That was the policy of our beloved leader Dr. John. During the conference in 2004, he mentioned that it would be very important for the chiefs to meet every year at all area administrative levels...”
 
Pechter Polls Resultsof South Sudan Public Opinion, September 6-27, 2011 by International Republican Institute (IRI) on who the respondents think actually has primary responsibility for managing (Solving Local Disputes):Traditional Leaders scored 42%.Local Government scored 26%. Members of the Community scored 11%. State Government scored 10% and National Government 10%.
 
Political will in recognition and need to incorporate TALs could be read from President Kiir, May 21st, 2010: “…Rural transformation with a view to Taking Towns to the Rural Areas shall be the number one priority in my economic agenda. Every department in my government shall, therefore, be guided in its performance and operations by this priority of priorities: TAKING TOWNS TO RURAL AREAS…” and, “…Government officers who do not know enough to know that our real wealth is in the renewable natural resources of South Sudan: land, water and forests and in the industry of our people: farmers, herdsmen and fishermen, shall have a short life in my government…”
 
With this I was helped by South Sudan nationalist philanthropic and businessman, Makiir Gai Theip, to publish my thesis on this matter.http://africaworldbooks.com/roles-of-traditional-authority-leaders-by-acuil-malith-banggol.html

Elsewhere, outside South Sudan, there are exceedingly successful twining models in Botswana Model where the Kgotla (The National House of Chief) is the second chamber in the National Legislative Assembly and there are National, Provincial and District Houses of Chiefs on public admin, judiciary and land.
 
The Ethiopian Peoples’ Federalism mandated by the constitution to be recognized incorporated and is involving each of the 75 Nations, Nationalities and the Peoples of Ethiopia in the House of Federation of the Federal Democratic Republic of Ethiopia. It is the second house of the Ethiopian Parliament to ensure mutuality, unity in diversity and peaceful coexistence.
 
Martina Santschi (2012) recommended that: “…Chiefs have important roles in humanitarian, state building development, and peace building endeavors in South Sudan. External actors must take them into account in policies and programme implementation, for instance in service delivery and social protection. Chiefs play a key role in local government in South Sudan. They provide vital services and enjoy considerable local legitimacy. They act as a bridge between communities and government institutions. Nevertheless, their functions vary from place to place, and local government bodies, the formal judiciary, and community members sometimes contest their roles...”
 

Article 166(6)(c) of SSTC 2011 mandates all level of government in South Sudan to encourage the involvement of communities and community based organizations in the matters of local government, and promote dialogue among them on matters of local interest. 

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