CONCERNED SOUTH SUDANESE POSITION PAPER ON PROPOSED TECHNOCAT TRANSITIONAL GOVERNMENT IN SOUTH SUDAN

Submitted to the HIGH LEVEL REVITALIZATION FORUM (HLRF) SECRETARIAT,

Wednesday, January 31, 2018,

Feb 4th, 2018(Nyamilepedia) —– Centralization and concentration of powers in hands of the President particularly after the independence in 2011, is central in the socioeconomic and political conflict in South Sudan. The central government in Juba usurped all constitutional powers undermining the lower levels of governments: States and local governments. This is contrary to the spirit and principles of the Comprehensive Peace Agreement (CPA) 2005 that clearly stipulated a decentralize system of governance in South Sudan. This created incoherent working relationship between the different levels of administration as well as the three tiers of government: executive, legislature and judiciary.

Chauvinist and ethnocentric official particularly at the central government level exploited the situation to pursue selfish and ethnic interests than the national goals. This extremely affected the performance of the government in delivering peace and public goods. Such chauvinistic attitudes and behaviours have encouraged bad governance, ethnic rivalry and political disorderliness simultaneously. State security organs were tremendously facilitated to oppress and commit gross human rights violations against the peaceful citizens. These constitute major causes of socioeconomic retardations and security lawlessness. Indeed, the lack of constitutionalism and governance institutions is tantamount to State failure.

The High Level revitalization Forum (HLRF) should go beyond just restoration of the status-quo and promising illusive reforms of the governance and security sector – the challenge is to put into place sustainable governance and democratic liberalization. How can we establish a governance system capable of winning back the trust of the humiliated citizens? What are the governance incentives and security guarantees that can ascertain voluntarily disarmament, demobilization, return and integration of refugees and internally displaced persons (IDPs)?  How quick can socioeconomic recovery packages be realized? Honestly, this time round, only Federal system of governance in South Sudan has the potential to address the contemporary socioeconomic and political challenges. It will create the level platform to articulate the dimensions of the political conflicts and together work for the desired peace during the transitional period.

Federal system of governance so far is a popular demand in South Sudan. Intrinsically, it will restore hopes and aspirations to the most aggrieved and humiliated citizens. This will consolidate the people’s participation in the HLRF new political and governance dispensations. Hence, federalism as a viable form of governance must commence at the beginning of the HLRF transitional period. Therefore, it is necessary to envisage a Transitional Technocrat Government that will make such dreams become real.

2.0 Problem Statement

Mal-administration and mal-practice is rampant and extremely discredited the civil services and other institutions of government; Tribalism, nepotism and favoritism is deeply anchored in the public service recruitments and excreted ethnic hegemony and inequalities; Institutions of public oversight and justice cheaply compromised their roles and became incredible and untrustworthy;  Lack of transparency and accountability led to loss of billions of U.S. dollars through impishly mismanagement of the public finances and money laundry; Plundering of natural resources by senior officials and unscrupulous businesspersons (nationals and foreigners) has extremely depleted the environment and denied the citizens of economic benefits. Over 9.5 million South Sudanese population who are forcefully send to refuge as well as those within the country lives in abject poverty, social squeamishness and uncertain future particularly to the young generation; It saddens that the survival of once self-reliant citizens who are in the towns including Juba the Capital city now depend on international relief handouts. The private sector is hijacked and controlled by few high profile influential figures who greedily collaborated with foreigners and denied the local to participate in the microeconomics growth and transition to prosperity.   The national army and security apparatus lost their national character, became tribalized and deeply involved in pursue of ‘scorch earth policy’ – killing, raping, looting properties, grabbing lands and destruction of human settlements; Gross violations of Human Rights, ethnic cleansing and genocide are perpetrated with impunity; The mushrooming of the armed groups and proliferation of arms into the hands of civilians has exacerbated the political and security crises. This reality subjected the citizens to distrust their government, and consequently, they opted for resistance and popular uprisings.

3.0 Policy Statement

The socioeconomic and political solutions to the contemporary South Sudan crises require a paradigm shift towards constitutionalism, institutionalization and democratic liberalization. The desired HLRF should envisage transitional governance as a continuum approach to usher resilient democratic governance and socioeconomic development. Return to peace necessitates strategies to overcome the enormous sociopolitical challenges and prejudices which are deeply rooted amidst various ethnic groups and conflicting parties. As such, the commencement of genuine forgiveness, reconciliation and healing processes should take-off immediately to pave way for transitional justice and accountability necessary for consolidating state-nation-building.

The HLRF should envisage a pro-people constitution that embraces federal system of governance capable of efficient dispensations of democratic principles.  It is fundamental to prioritize effective social reconstruction and microeconomics recovery programmes that encourage economic and security stabilization. Effort to win the citizens trust and confidence during the HLRF transitional period is vital.  Thus, the challenge entrusted on HLRF is to deliver a transitional technocrat government that is fundamental in ensuring nationalistic sociopolitical transformation required to enhance sustainable political tolerance and sociocultural coexistence.

4.0 Rational for Technocrat Government

The call for a National Transitional Technocrat Government (NaTTGo) is popular, realistic and a consolidation of state-nation-building process. It possesses the potentialities to overcome the recurring socioeconomic and political problems facing South Sudan. It is a realistic approach capable to restore strong foundation that returns the nation to constitutionalism and governance institutionalization. It will ascertain civility and resilient democratic transformation. However, the National Transitional Technocrat Government has the following critical contribution to the success of HLRF:

• Respect and fully implement the HLRF in letter and spirit.
• Promulgate a comprehensive citizenry driven constitution and carryout the required constitutional and institutional reforms.
• Focus on pro-people socioeconomic recovery programmes.
• Prioritize rural vitalization to generate employment and improve per-capita income.
• End impunity and promote the rule of law without fear or favor.
• Zero tolerance to corruption, ensure transparency and accountability.
• Promote federal form of governance that empowers all levels of government.
• Efficient cooperation with all stakeholders in conflict for vital security stabilization and disarmament.
• Ensure democrats rights for all political parties, civil societies and the citizens.
• Consolidate mutual cooperation with the regional and international community.
• Create robust framework for development of political organizations and democratic processes.
• Efficient attraction of international technical assistances and knowledge sharing.
• Restructure and reform security sector to ascertain the national character, professionalism and ethics as well as securing each state’s participation.
• Audit the civil servant to assure competency and guarantee equitable representation of the States.

5.0 Structure of Transitional Technocrat Government

5.1 Supreme Council (optional)

Ceremonial Supreme Council comprise of representative of the peace stakeholders ‘political parties’, perhaps, could be essential. Its responsibilities shall be limited to receiving of visiting Head of States, officiating credentials of foreign Ambassadors, advancement of the discourse of national healing and reconciliation, and encouragement of peaceful coexistence. It would be expedient that the presidency of the supreme council if performed on rotational basis. This will largely consolidate the concept of ownership of supreme council decisions by the all. Also, it will promote a shared responsibility in addressing unforeseen issues with regard to the HLRF. It is necessary ‘rule of thumb’ that whoever assumes membership of the Supreme Council shall not contest the next elections or become a member of post-elections’ cabinet. However, constitution of supreme council is optional and subject for debate.

5.2 National Transitional Technocrat Government (Executive)

The national Technocrat Government shall be an executive and runs day to day affairs of the government. Work hard to promote nationalism and democracy definition, eligibility a south Sudanese Citizens with moral turpitude. In case of crimes or gross mismanagement, the candidates must adhere to prosecution under the national laws without external interference from the country of second citizenship. Work experience of not less than 15 years in profession, administrative and political affairs. It would be expedient for the National Transitional Government to have 5 years terms of office to create the enabling environment for effective post-war reconstruction, socioeconomic transformation and sustainable political democratic landscape.

Nonetheless, whoever assumes a position in the National Transitional Technocrat Government shall not contest the subsequent elections or occupy a constitutional post at any level of government for a period of 6 years at the end of transitional period.

Figure 1: Structure of proposed Transitional Technocrat Government

5.3 Composition of Transitional Technocrat Government

The executive of National Transitional Technocrat Government shall comprise of:

5.3.1 Prime Minister (Executive), Deputy Prime Minister and the Council of Ministers.

5.3.2 The Council of Ministers shall comprise of the Prime Minister, The Deputy Prime Minister and Ministers.

5.3.2.1 Governance Cluster, nine (9) Ministers: Cabinet Affairs; Foreign Affairs and International Cooperation; Defense and Veterans’ Affairs; Interior; Justice and Constitutional development; National Security; Parliamentary; Information, Communication Technology and Postal Services; Ministry of Federal Affairs;

5.3.2.2 Economic Cluster, thirteen (13) Ministers: Finance and Economic Planning; Petroleum; Mining; Agriculture and Food Security; Live Stock and Fisheries; trade and Industry; Energy and Dams; Transport, Roads and Bridges; Environment and Forestry; Land, Housing and Urban Planning; Water Resources and Irrigation, Wildlife Conservation and Tourism;

5.3.2.3 Service Cluster, seven (7) Ministers: Education and Guidance; Health; Labour and Public Services; Gender and Integrity; Culture, Youth and Sports

5.4 Advisors

The Prime Minister shall have two (2) advisors who are competent academically, professionally, technically, politically and sound.

6.0 States of the Republic of South Sudan

Although several models of Federal States could be presented, however, it is the conviction of Concerned South Sudanese that the HLRF adopts ten (10) states formation in accordance to the Transitional Constitution of South Sudan 2011. This will strengthen the transitional Government to meet the socioeconomic and political aspirations of the South Sudanese masses and consequently support the desired Federal System of Governance.

Figure 2: Map of South Sudan showing 10 States

Source: FAO- South Sudan

7.0 Devolution of Powers to States during Transition Period

It is vital for the HRLF to embrace federal system in which functions of the governance will be performed by the lower levels of government which are capable of performing that effectively. The realization of effective social reconstruction to stabilize microeconomics and security is crucial. As a result, devolution of powers from national to lower levels of governance will extremely enhance the delivery of public goods, institutional transformation and resilient democracy. In this scenario the national government’s major responsibilities can rest on print of national identification documents, number plates, telecommunications, and currency, manage trade and borders, conduct foreign policy and provide for the national defense.

Estimated percentages of devolution of powers to the lower levels of government are presented in table 1 below:

Table 1: Devolution percentages

Key:

Devolution of power more than 75%

Devolution of powers between 30% – 75%   

No devolution of powers

 

• Governance Cluster

No	Institutions	Percentage	Remarks
1	Cabinet Affairs	100% Devolved	Scraped
2	Foreign Affairs and International Cooperation	0% Devolution
3	Defense and Veteran’s’ Affairs	0% Devolution
4	Interior	81% Devolution
5	Justice and Constitutional Affairs	80% Devolution
6	National Security	70% Devolution
7	Parliamentary Affairs*	100% Devolved	Scraped
8	Information, Communication Technology and Postal Service	43% Devolution
9	Federal Affairs	100% Devolution	Scraped

* Replaced by parliamentary service commission

 

• Economic Cluster

No	Institution	Status	Remarks
1	Finance and Economic Planning	72% Devolution
2	Petroleum	85% Devolution
3	Mining	90% Devolution
4	Agriculture and Food Security	91% Devolution
5	Live Stock and Fisheries	100% Devolution
6	Trade and Industry	83% Devolution
7	Energy and dams	88% Devolution
8	Transport	60% Devolution
9	Roads and Bridges	100% Devolution
10	Environment and Forestry	89% Devolution
11	Land, housing and Urban Development	86% Devolution
12	Water Resources and Irrigation	90% Devolution
13	Wildlife Conservation and Tourism	100% Devolution

© Service Cluster

No	Institution	Status	Remarks
1	Higher Education, Science and Technology	30% Devolution
2	General Education and Instruction	100% Devolution
3	Health	70% Devolution
4	Labour, Public Services and HR Develop.	92% Devolution
5	Gender, Child and Social Welfare	100%Devolution
6	Culture, Youth and Sports	100%Devolution
7	Humanitarian Affairs & Disaster Manage.	60%Devolution

Figure 3: Powers Devolved to the States

Upon implementation of Federal System 75% of the National Powers expected to be devolved to the lower levels of government. Hence, the Concerned South Sudanese envisages only 13 Ministries at the Federal Government as follows:   

1. Foreign Affairs and International Cooperation;
2. Defense and Veterans’ Affairs;
3. Interior;
4. Finance and Economic Planning;
5. Information & Communication;
6. Attorney General;
7. Trade and Industry;
8. Housing and Physical Planning;
9. Higher Education, Science and Technology;
10. Health;
11. Environment;
12. Labour and Public Services;
13. Gender and Integrity

7. State Technocrat Transitional Government

HRLF should embrace the return to 10 states in spirit of rejuvenating the ARCSS 2015 as well as restoration of the decentralized state in accordance to the CPA 2005. Each State shall have the prerogative to review the status of their counties based on the required eligibility criteria. However, the State Technocrat Transitional Government shall be an executive organ that runs day to day affairs of the State government. It shall be headed by Governor appointed by the Prime Minister of the National Transitional Technocrat Government. He/ She shall be a South Sudanese citizen with moral turpitude who shall work hard to promote nationalism, reconciliation and democracy. Nonetheless, he/ she shall ensure that the HLRF deliverables are implemented in letter and spirit.

The Governor of the State Transitional Technocrat Government must be a technocrat with not less than 12 years in profession, administrative and political affairs In case of crimes or gross mismanagement, the candidates must adhere to prosecution under the national laws without external interference from the country of second citizenship. It would be expedient for the National Transitional Government to have 5 years terms of office to create the enabling environment for effective post-war reconstruction, socioeconomic transformation and sustainable political democratic landscape.

Whoever assumes a position in the State Transitional technocrat Government shall not contest the subsequent election or occupy a constitutional post at any level of the government for a period of 6 years at the end of the transitional period.

1. The Executive of Transitional Federal State Government (TFSG) shall comprise of Governor, Deputy Governor and the Council of Ministers.
2. The Council of Ministers shall comprise the Governor, Deputy Governor and the Ministers.

Composition of the State Government

Governance Cluster four (4) Ministers:  

• Local Government;
• Justice and Constitutional Affairs;
• Information and Communication;
• Administration and Law Enforcement

Economic Cluster, seven (7) Ministers:

• Finance and Economic Planning;
• Commerce, Industry and Mining;
• Agriculture and Animal Resources;
• Transport and Roads;
• Water and Electricity;
• Environment, Wildlife Conservation and Tourism;
• Land, Housing and Physical Planning.

Service Cluster, five (5) Ministers:

• Education and Guidance;
• Health;
• Labour and Public Services;
• Gender and social development;
• Culture, Youth and Sports

Advisors

Advisor on Political Affairs

Advisor on Economic Affairs

Figure 4: Structure of State Transitional Technocrat Government

The under signed are representatives of Concerned South Sudanese:

Name: Signed: Date:

1. Alikaya Aligo _______________________ _________
2. Anjelina Daniel Peter _______________________ _________
3. Clement Maring Samuel _______________________ _________
4. John Lo-mariata _______________________ _________
5. John Pasquale _______________________ _________
6. Oyella Sarah Ben _______________________ _________
7. Sebit Sabasio _______________________ _________
8. Zino Emmanuel _______________________ _________

Contact person:

Mr. Sebit Sabasio

Email: giloref@gmail.com