To whom it may concern: South Sudan may not be ready for elections, yet democracy cannot wait
Posted: 25 July, 2022 Filed under: Joseph Geng Akech | Tags: African expert, challenges, democracy, democratic future, Election Commission, election readiness, elections, Humanitarian relief, International Institute for Democracy and Elections Assistance, legislation, permanence of transitions, political transition, public perceptions, Revitalised Peace Agreement, security stabilisation, South Sudan, Transitional Period, United Nations Mission in South Sudan, unprepared 2 Comments
Author: Joseph Geng Akech
Assistant Professor of Law, University of Juba, and independent researcher in human rights & constitutional designs
Introduction
Early this year, Yach Garang, political science PhD student at the University of Juba authored a blog piece asking ‘will South Sudan be ready for its first democratic elections come 2023?’ According to him, certain benchmarks are critical for South Sudan’s democratic election readiness. These include security stabilisation, enactment of electoral laws, adoption of a new constitution and conduct of population census. While I agree with his ‘benchmarks’, I contend that South Sudan may not be ready for elections, but it is imperative to note that democracy cannot wait for a perfect environment.
This piece, therefore, is addressing those to whom the democratic future of the country remains a priority.
What type of federalism should South Sudan adopt and why?
Posted: 12 January, 2022 Filed under: Joseph Geng Akech | Tags: Administrative Areas, constitution, constitution building process, ethnic federalism, federalism, governance, governance framework, International IDEA, International Institute for Democracy and Electoral Assistance, Ministry of Federal Affairs of the Revitalised Transitional Government of National Unity, Republic of South Sudan, Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan, Revitalised Transitional Government of National Unity, RTGoNU, South Sudan, territorial federalism 1 CommentAuthor: Joseph Geng Akech
South Sudanese human rights lawyer and PhD candidate, University of Pretoria, South Africa
Summary
This article spotlights existing debates under the on-going constitutional design process on the type of federalism South Sudan should adopt. It is a debate with varying and potentially divisive perspectives. Dominant proposals in these debates are territorial and ethnic federalism. I join this debate with an open mind, and I therefore try to refrain from taking sides. This article thus tries to bring to fore, the underlying arguments in both perspectives and makes three recommendations to break the impasse. The first option is to conduct a referendum for the public to decide while the second calls for a scientific comparative study on performances of both territorial and ethnic federalism. The third calls for open and transparent public debates on the type of federalism South Sudan should adopt.
Did the recently concluded South Sudan’s fifth Governors’ forum address the elephants in the room?
Posted: 6 December, 2021 Filed under: Garang Yach James, Joseph Geng Akech | Tags: Administrative Areas, ‘Permanent’ constitution building, Chief Administrators, democratic governance, economic reforms, governance, Governors’ Forum, Humanitarian relief, internally displaced people, law reforms, peace, R-ARCSS, refugees, Republic of South Sudan, Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan, Revitalised Transitional Government of National Unity, RTGoNU, social services, sustainable peace, Transitional justice mechanisms, Transitional security arrangements, UNDP, United Nations Development Programme 1 CommentAuthor: Joseph Geng Akech
South Sudanese human rights lawyer and PhD candidate, University of Pretoria, South Africa
Author: Garang Yach James
South Sudanese Political and security analyst and PhD Student, University of Juba, South Sudan
Summary
The government of the Republic of South Sudan recently organised a week-long conference of its 10 State Governors and Chief Administrators representing the three Administrative Areas. The aim was to discuss the role of States and local governments in the implementation of the Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS). After a week of intense deliberations, the Forum released resolutions and recommendations on various aspects of peace, governance, social services and economic reforms. This paper critiques the Forum’s outcome arguing that the Forum failed to address the ‘elephants in the room’. For instance, the resolutions and recommendations did not articulate and in some instances, failed to mention, as priorities, aspects of the transitional security arrangements, transitional justice, permanent constitution building, humanitarian assistance and the return of internally displaced people and refugees as well as institutional and law reforms.
The transitional national legislature is to be transformed into a constituent assembly to adopt the ‘permanent’ constitution of South Sudan, but what does this mean?
Posted: 25 October, 2021 Filed under: Joseph Geng Akech | Tags: Constituent Assembly, constitution building, constitution making processes, Constitutional Drafting Committee (CDC), Draft Constitutional Text, legislation, National Constitutional Conference (NCC), National Constitutional Review Commission (NCRC), Preparatory Sub-Committee, R-ARCSS, Republic of South Sudan, Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan, Unelected national legislature Leave a commentAuthor: Joseph Geng Akech
South Sudanese human rights lawyer and LLD candidate, University of Pretoria, South Africa
Introduction
The Republic of South Sudan embarked on its ‘permanent’ constitution building process which is a critical part of the peace process. The Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS) puts forward mechanisms and institutions for achieving such ambition. These institutions include the Constitutional Drafting Committee (CDC),[1] National Constitutional Review Commission (NCRC), Preparatory Sub-Committee, National Constitutional Conference (NCC) and the reconstituted transitional national legislature (Council of States and Transitional National Legislative Assembly) acting as a constituent assembly. The R-ARCSS establishes the above institutions with varying powers and degree of influence on the constitution building process.
This article focuses on the role of the reconstituted national legislature – bicameral chambers composed of Council of States and Transitional National Legislative Assembly. According to the R-ARCSS, these two houses of parliament are to be transformed into a Constituent Assembly to adopt, in a joint session, the Draft Constitutional Text passed by the National Constitutional Conference.[2]
Reflecting on the South Sudan we want: 10 years on after independence
Posted: 23 July, 2021 Filed under: Joseph Geng Akech | Tags: 10 years, accountability, Armed Struggle, Commission for Truth, Compensation and Reparation Authority, conflict, constitutional democracy, corruption, dream nation, human rights, inclusive, independence, justice, liberty, non-violent, peace, pluralistic, prosperity, Reconciliation and Healing, rule of law, silencing the guns, South Sudan, South Sudan we want, SPLM/A, Sudan, Sudan People’s Liberation Movement/Army, underdevelopment, war 1 CommentAuthor: Joseph Geng Akech
South Sudanese human rights lawyer and LLD candidate, University of Pretoria, South Africa
Summary
New nations struggle to find their route to stability, and they have the opportunity to learn from those which have already travelled the path towards nation-building. The birth of South Sudan was received with joy, far and wide, as it emerged out of decades of sacrifices for principles that every South Sudanese believe in – justice, liberty and prosperity. The hard-won new State was born with much hope, but it rapidly became a monster of its own making. Consumed by senseless wars, endemic corruption and underdevelopment – iniquities which fomented popular resistance and drove the need for secession.
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