What type of federalism should South Sudan adopt and why?

Joseph-Geng-AkechAuthor: 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.

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Did the recently concluded South Sudan’s fifth Governors’ forum address the elephants in the room?

Joseph-Geng-AkechAuthor: Joseph Geng Akech
South Sudanese human rights lawyer and PhD candidate, University of Pretoria, South Africa

Garang-Yach-JamesAuthor: 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.

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Natural resources: The cause of the permanence of armed conflicts in Africa?

Boubakar-A-MahamadouAuthor: Boubakar A. Mahamadou
Graduate, Swiss Umef University

Africa is undoubtedly a continent rich in natural resources thanks to its subsoil which abounds in 30% of the world’s mineral resources. However, these resources have not allowed the long-awaited development of the continent to be achieved. These resources have also become the main sources of conflict on the continent. Indeed, the presence of significant natural resources on the territory of a State increases the risk of armed conflict. They can motivate secessionist demands, finance rebellions or even stir up violence. According to the United Nations Environment Program (UNEP), natural resources are associated with 40% of internal conflicts around the world. It is in this sense that in Africa, we have been witnessing for some time now, the development of an economy of armed conflict.

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Human rights and democratisation in Africa

Sheriff Kumba JobeAuthor: Sheriff Kumba Jobe
2014 Graduate, Faculty of Law, University of The Gambia

The globalisation of human rights and democratisation has gained significant momentum in the 21st Century. It has proved to be the linchpin of progressive and sustainable socio-economic and political development for other continental organisations such as European Union and Inter-American Organisation. It is unfortunate that the African Union (AU) has done little or nothing in the actualisation and application of these universal principles in its member states. There are plethora legal frameworks geared toward promoting and protecting human rights and democratisation in Africa. However, they have translated meaningless because their practical applications are neglected.

The establishment of the AU inter alia is anchored on the promotion and protection of human rights and democratisation in Africa. This is as a result of the inhuman and undemocratic experiences of the continent under the so-called colonial masters’ bad governance. In an attempt to correct the human rights catastrophes perpetrated by colonial institutions, the AU was created. Thus, the sole intent of the drafters of the Organisation’s legal framework and indeed the yearning and aspiration of the people of the continent was to create a continental institution to promote and protect human rights and democratisation which are essential for the development of Africa.

However, legally construing the AU Charter, it creates no legal binding obligation on state parties for promotion and protection of human rights and democratisation in Africa. Although, it requires member states to have due regard for human rights and democratisation as enshrined under international law; and also promulgated plethora continental laws aimed at mandating state parties to promote and protect these concepts.

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A true glimmer of hope or a mere mirage? Term and age limits in the ‘new’ Ethiopia

Author: Adem Kassie Abebe
Doctoral candidate, Centre for Human Rights, Faculty of Law, University of Pretoria

After spending more than 21 years at the helm of Ethiopian politics, Meles Zenawi died of an unannounced sickness in August 2012. The absolute dominance of the ruling party, the Ethiopian People’s Revolutionary Democratic Front (EPRDF), facilitated the smooth transition of power to the former Deputy Prime Minister, Halemariam Desalegn. Following the confirmation of Hailemariam as the new Prime Minister, the EPRDF announced that it has imposed, as part of its succession policy, two five-year term limits on all ministerial positions, including the position of the Prime Minster.The Party has also set a maximum age limit on the same positions. Henceforth, a Minister cannot be more than 65 years of age.

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Restrictions on the operation of civil society organizations in Africa violate freedom of association

Esete B FarisAuthor: Esete B Faris
LLM (Human Rights & Democratisation in Africa) student, Centre for Human Rights, University of Pretoria

The role of civil society cannot be underestimated in Africa. Despite the fact that several governments are suppressive, there is widespread circulation of information on human rights abuses and successes. This is attributable to the immense role that civil society plays. Without a civil society in Africa, the world would not hastily recognise the shortcomings of African leaders’ regimes.

It is undeniable that an independent and effective civil society contributes to the protection and promotion of democracy and human rights in a country. The role of Civil Society Organisations (CSOs) is to serve as a watchdog at the domestic level and international level. This implies that the right to freedom of association is essential for CSOs to operate effectively and efficiently.

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