Posted: 12 January, 2022 | Author: AfricLaw | 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 |
Author: 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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Posted: 6 December, 2021 | Author: AfricLaw | 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 |
Author: 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.
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