Co-author Makuel Wie and Lance Weidenhammer
After our long, hard years of war, it was upon. The Sudanese Transitional Constitution that our founding nation, South Sudan's, new independent government system was formed
If the tribally diverse people of South Sudan could work together to achieve victory in war, every one of us was optimistic that together we would be even more productive in peace, working together within our own government, ruling our own nation. We believed that in no time we would achieve great things and benefit our nation and all of our people. We would show the entire world that we were not war mongers and fools who would make the same mistakes of so many others; we would prove we were a responsible, respectable people.
Instead in a very short time, our South Sudan government, formed upon a horribly inefficient constitution, (its very title was “transitional,” meaning just temporary,) that failed to achieve, even remotely the faintest dream that our people had long suffered to make a reality. It was a betrayal of every living South Sudanese and a betrayal of over two million dead citizens.
Where is our democracy?! Where is our fair representation? Where is our future?
Why were we such fools to have ever thought it might be any different?
Our government leadership was born from the Sudanese People's Liberation Movement, a diverse and heroic organization that leads the rebellion in a bloody fight against the unjust Sudan government for so many years. After our victory, this same leadership of war attempted to transform themselves into legitimate leaders of a peaceful, efficient national government.
Perhaps the skills of the best leaders in war seem very comparable to the best skills for leading a government in peace. But our leadership has proven otherwise.
In war you only cooperate with your closest likeminded allies, for only your cause and your cause alone can be allowed to exist. Always you seek to destroy your enemies, to scatter them, steal from them, and destroy their supporters. And it’s only through victory that you reap real rewards. This mentality does not work in peace time.
In truth it eventually motivates the downtrodden to return to war. For if a life of peace is only misery, and then the misery of war is no threat if it might offer more.
Thus in less than two years after our declaration of independence, our new hopeful nation is mired in the old mentality and hopelessness of Civil War, with our citizens inflicting terrible crimes upon each other, murder, destruction, rape, stealing, etc. Brutalities being inflicted upon man, woman and child.
Not only is our national government failing to restrain this growing tragedy, but it is actively participating in promoting criminal activities that give advantage to our shameless governmental leadership. Perhaps this is our just punishment for our rashness to accept such a governmental system.
We all hear people in our communities declaring that if only the leader they support gained control then everything would be resolved and we could all go on our merry way. These people are fools! For anyone or any group that takes control under our flawed system of government, will end up doing like their criminal processors, grabbing for themselves whatever they can, to secure their position and power, hoarding wealth, weapons, prestige, and benefitting only those who can benefit them. And soon they too will prove to be like the rest, “let the rest of the nation's citizens, and be damned!”
So right now, whoever you support, you had best hope it benefits them to benefit you. So you can call these criminal leaders oppressing people other than you, heroes.
The way we are going, no nation, no company, no individual will want to take the risk of significantly investing in our tumultuous nation. At best they will each want to just take what they can, as quick as they can and run. And our dictators will be happy to take what they will pay to do so, as quickly as he can. Meanwhile our citizens will wallow in poverty.
I cringe at the very real possibility of us still waging our self-destructive civil wars and tribal wars for another hundred, even two hundred years from now. If that's really the best we have to offer, then we had best just fence off our nation and turn it into a wild animal preserve, with us as the wild animals.
Perhaps what I say, offend a great many, but I declare the citizens of our nation and the people throughout so much of Africa, have the mentality of children. Yes children! Not only do far too many we live a virtual hand to mouth physical existence in Africa, but far too many of us choose to live a hand to mouth existence on our intellectual side too. Far too many think only of the immediate. We grab for ourselves whatever we can, mindless of the long term repercussions for others or ourselves. And likewise we willingly do the bidding of others who can benefit us immediately. The future be damned! If we gain now, why think about the consequences. What concern is the repercussions when it occurs next week, or in the next town, or next month, or in the next county, or next year, or in the next state. God forbid anyone seriously contemplating the whole of our nation or planning for where we could all be ten years from now. We are indeed too quick to act and too slow to think, now a days, even if it means poisoning our own well tomorrow.
In the west, manufacturers produce child proof caps on medicine bottles to protect children from opening it and unintentionally poisoning themselves. That is the same sort of logic we need to use in replacing our old government system. We need to produce for South Sudan, a “child proof “system of government under which our people and our children are protected and flourish into the future.
To achieve a good future for our nation and our people, I believe a democratic federalist government system is the best choice. Unfortunately for those whom thoughtless obedience to a dictatorship is preferred, the more intelligent system of government I suggest involves actually thinking and participating by the citizens who are worthy of such a government.
This governmental system has proven to be an intelligent, durable and progressive system that can survive and thrive even through periods of extreme hardships. The world's oldest continuous government, for over 225 years, is built upon this system, the United States. And so too are so many of the world's greatest economic powers, and peaceful progressive nations. The majority of western nations have similar governmental systems, many using newer forms of the same basic democratic Federalist governmental system concept.
No it’s not perfect, nothing is, and we are dealing with humankind after all. But it’s as fair, functional as we can hope for. The great British leader during their desperate World War II years, Winston Churchill proclaimed Democracy is the worst system of government there is, except for all the rest.
South Sudan's existing government is structured in a similar fashion to a Federalist system, but it is obviously an absolute sham. But this existing structure will help us far more easily implement a true constitutional democratic federalist government upon its framework, creating fewer complications and less upheaval, which we seem so prone to.
The most crucial aspect of forming a good Democratic Federalist Government System for our nation is to first hammer out the complex details of an intelligent and far sighted national constitution, establishing not only the frame work, but the very heart and soul of a government designed to function to benefit the citizens of our nation.
In a cursory explanation, a true Democratic Federalist Government System, when it is properly constitutionally organized, creates a governmental system of Checks and Balances which tries to place power into the hands of those, who are at the necessary levels to wield it from the bottom up. Thus restraining the overreaching of corrupt power grabbers.
Although I am using America as an example, for I have lived here for many years, there are many versions implemented by many great nations that can also be used as models. Many are based on later evolutions of political thought, with some times dozens of political parties that must cooperate to achieve their goals.
And let us be honest with ourselves, we could likely photo copy any of these nation's Constitutions and ratify it as South Sudan's own and our nation's people would be far, far better off than they are now.
To do this in America the federal government is constitutionally divided into 3 branches.
The largest by far is the legislative branch, which is a bicameral system of two houses. The politicians of both houses are elected by the citizens of their home districts and states whom believe they will best represent them and their needs.
The lower house of the Bicameral, the congress, is much, much larger. Its number of elected representatives is based on each state's population size, divided up according to districts. In this way regions with large populations will have a large number of representatives in order to better represent each citizen, ensuring the people have a voice in the government.
The higher house of the bicameral, the senate, however has the exact same number of representatives from each state. This helps curb the favoritism that occurs in governments towards more populous, thus more influential regions, over others such as rural areas. Whether it’s about taxation, trade, financing, etc. In this way the concerns of the citizens of every state in the nation can best be equally represented in the higher house.
Any laws that are proposed to be rules of the land are presented as bills within both houses, which must gain a majority vote of approval within both.
In this way the politicians of both the congress and the senate must cooperate and compromise with each other within their own houses, in order to obtain the majority vote required to achieve what they, or rather what the people they represent, want.
Through debate and rationality they negotiate, no matter how much each representative might hate each other, no matter from what tribe they might be from. In this way no extreme laws are made, only those that the majority deem proper and necessary and publicly vote for.
Any bill the bicameral passes, comes before the nation's president next, who can reject it with a veto. However if both houses of the bicameral vote again, and each has at least a 2/3rds approval, it becomes law, despite the president's will. He cannot become a dictator.
By working together these two houses can manage the nation's federal budget, the powers of taxation and spending, borrowing money and payments of debts, the minting of money and its valuation. It regulates commerce between the states and between the nation and foreign powers.
It also advises and gives consent to presidential appointments, making it more difficult for a president to pack his administration with his likeminded cronies.
This diverse group of representatives is responsible for official declarations of war and the support and regulation of the military. They cannot prevent a president from taking a military action on his own in an emergency, such as repelling invaders or suppressing insurrections, because there may be no time for debate. However if the houses disagree with the president's action, they can greatly restrict how long a president has to accomplish his goal, before soldiers no longer receive pay and if necessary, their equipment, including bullets and fuel are no longer replaced.
The two houses can impeach and remove from office high government officers, including the President himself, for criminal activity.
After which judicial punishment can follow, a threat that tempers any want-to-be dictator from over reaching.
If the politicians in the bicameral prove to be corrupt themselves, abusing the nation’s resources, wasting national treasures, unjustly raising taxes or any other unjust act, the citizens vote these bad officials out in disgrace when their term ends. They can even hold recall elections if they cannot wait for the regular election cycle to arrive. Hopefully then the voters will elect a more intelligent replacement. But in a democracy if the majority of voters endure a fool then a fool must be endured.
But in this system it’s much harder for a national President to turn so many representatives of the two houses into his toadies, who obediently do his bidding, whether through favors or intimidation to make him a dictator, for they do not owe anything to the president for their office, the influence of it or their income from it. Instead they owe it to their constituents, the citizens who voted them in and who will vote them out if they are bad.
Another crucial branch is the Judiciary. A Supreme Court sits in judgment to interpret whether the laws of the land or actions of the government are in violation of the rights or responsibilities as stated in the constitution.
Even issues brought to the attention of the lowest courts within a city, can be presented to the next higher court in the state, then the next, until it reaches the Supreme Court who make the final decision.
Its judgments include on how police make arrests, how testimonies are compelled from crime suspects, how evidence is handled, whether it’s being contaminated or falsified as evidence, how prisoners are treated and the uniform application of policies throughout the criminal justice system. In this way every citizen is equal in the eyes of the law, regardless of their race, religion, political beliefs, tribe, clan etc.
The final house is the Executive Branch the President. Not only is the president the single most powerful individual in the nation, but is the national figure head of the nation to the world over. Often, if your President is respected, your nation is respected. If your president is a sad joke then your nation is a sad joke.
In a time of crisis, whether imminent war or a natural disaster, action can be rapidly performed via the president without prolonged debate. But it’s at the risk of the President's own office, for an unpopular action during states of emergency can be very controversial.
Because of human nature a single dynamic leader is needed to help keep the whole government moving. However one of the president's primary duties is executing the instructions that congress has made through its majority votes.
The president as a nation's figure head can most readily engage with leaders of other nations in debates and sign treaties, treaties that the upper house of the legislation must ratify with a 2/3rds vote.
The President can make certain appointments, which at times can be problematic. However many of these must first be approved by the bicameral houses.
The President is also commander-in-chief of the nation's military. This properly makes the military subordinate to the civilian government. In fact the members of the nation's military swears an oath of allegiance to the nation's constitution, to defend the nation against any enemies, both foreign and domestic. They make no oath of allegiance to their leaders, not to the President and Commander in Chief
Thus if military or governmental leaders violate the laws of the constitution, intelligently established to protect the nation and its citizens, it is every military member's sworn duty to safe guard the constitution by whatever means is required. To again make safe the constitutional law of the land. Thus if the citizens of the nation are at risk of harm from their own military, then something is desperately wrong.
To the office of president, one can only be elected to two terms in a life time. In America a single term is four years, however if the office is inherited from a predecessor 2 terms plus 2 years can be served, up to 10 years, no more. This time frame prevents a president from so consolidating power that he can become a dictator.
This also help prevents the president's subordinates from performing radical acts in support of any radical agenda, potentially sacrificing everything, with the prospect that by serving a life long dictator they will be untouchable by anyone, no matter their crimes.
There does tend to be an unofficial fourth branch of the government which is referred to as the Administrative state. These are the civil servants that keep the day to day activities of government running, heading up important departments in charge of important aspects of keeping the nation running, building the nation, maintaining its infrastructure, manning its educational and environmental systems and so much more.
These civil servants and their jobs tend to not be directly influenced by politics, thus they can better use commonsense rather than heed the changing whims of politicians or outspoken voters. By making important decisions at the lowest necessary levels, they keep the nation moving forward. However they do remain subordinate to the other branches of government, therefore can be pressured to fall into line and be submissive.
Even so they have formed yet another level of governmental checks and balances, all be it unofficial.
And so each branch stands as a separate power, able to exercise only their areas of specific responsibility. This prevents other branches from maneuvering to usurp greater power in an attempt to ultimately dominate and control all others.
Thus for each to achieve what they want, they must actually cooperate together.
The powers that the constitution does not specifically give to the federal government, by their very exclusion fall to the governmental powers of the states. And those powers that each state's constitutions does not specifically delegate, by their very exclusion than fall to each county, and these by their exclusion will fall to each local governmental powers.
Each state with constitutions of their own has a great deal of autonomy, defining their government’s role and its protection of its citizens from injustices. The governor and the representatives within each state's government are elected by the citizens of their state and their individual districts within. Only the citizens of each state, by following the laws of their state can remove them.
Thus the federal government is very limited as to how it can pressure obedience from state representatives. The national President cannot make a toady out of a state governor unless that governor submissively submits to curry favor. And if the majority of the state, both governmental and citizens eligible to vote, rather than ousting him, also submissively accepts his poor leadership.
This system also has a benefit of turning each state into a mini poetry dish of experimental democracy. Each is able to try their own theories and methods by passing different laws & liberties in an attempt to better their state's citizen's lives. In this way, when better solutions are found by one state, other states seeing the wisdom will tend to adopt it. This actually accelerates the progression of a society. State rights such as these, can be exercised just as long as they are not in violation of the federal constitutional.
However if the states deem the federal government archaic or out of touch with the transitions needing to take place to better represent the will of their state's citizens, the nation's states can change the federal government itself. This is done by a significant majority of the states voting for the national constitution to be modified, in an effort to better everyone's life.
Just like the federal government is restrained from getting too out of control so too are the states, every state is restrained from discriminating against certain groups or enacting unjust laws. For although the state's constitutions may not stop it, if the federal constitution opposes it then it is forbidden, for the federal constitution is in dominance over all others in the nation.
That is another reason why a democratic federalist constitution needs to be so carefully written, for it is the Bible of each echelon of the whole nation's governmental system.
An effective and intelligent federalist constitution outlines a nation's division of sovereignty and powers, between federal and state authority. Permitting sharing in democratic thought and rules of law, but still keeping them separated, in a constant prevention of any governmental entity from becoming too powerful, for power corrupts and absolute power corrupts absolutely.
This is what best benefits the citizens of a nation. For with a functional democratic Federalist government built upon a solid legitimate constitution, the great many injustices against our nation’s citizens would face instead significant democratic repercussions.
That is why I call upon the thinking citizens of South Sudan, the communities in the homeland and in diaspora, to begin the difficult effort of debating and drafting out the next, hopefully the last and finally a legitimate intelligent constitution of South Sudan.
There are many constitutions the world over from which we can draw wisdom and inspiration from, for they too were formed only after long hard debates. There also exist numerous historical debates as to how to create a proper government from which we can draw wisdom and insight.
If we fail to seriously debate the nuances and instead simply and lazily hand the raw, undigested thoughts of what our constitution should be, over to our political leaders to debate and decide, they will hotly debate what benefits them most. They will make back room deals; they will use intimidation and bribery. A great many promises will prove false. And ultimately a new constitution that is flawed and shows favoritism is all that will be created. And when it is ratified, we are all to blame for our failure. And South Sudan and its fool citizens will rightly continue to be damned.
That is why the diverse citizens of South Sudan, including the common layman must intelligently debate the countless and at times seemingly insurmountable issues that a diverse nation like ours that has a long history of volatile issues to address.
Issues that can only be resolved if we stir the waters of thoughtful debate and thinking to bring them to the surface in order to best strive to resolve them. This process will also make widely dispersed community come to better understand each other. These debate groups must be diverse, different tribes, different trades, different regions, different educations and so forth.
All in order to best establish the purpose and pillars of the new constitution upon which our newest governmental framework will be built.
The diaspora have lived in “exile” in many different nations and have a great many different experiences permitting the most insightful of us to be able to step back and see our national issues from a new perspective, distanced from our old cultural biases.
In this way we have perhaps the most world diverse and wise group of people any nation has ever had to debate and decide on a new intelligent constitution to establish our new legitimate democratic federalist government system.
Thus it is our absolute duty to do our best to provide South Sudan a good future that is rightly deserved, if not by our present population than hopefully by our more deserving descendants.
Unfortunately, even if we create a perfect constitutional frame work, there may remain likely the highest hurdle of all, persuading our present national leaders to release their unjust, but very profitable grip on our government.
It’s necessary to accomplish in one way or another, in order for a true South Sudanese Constitutional Convention to convene and not just another carnival show. Permitting proper representatives to come together not under threat, proposing and finalizing the details and ratify, a finally effective democratic federalist constitution to usher in a new and better government creating a nation we can be proud of and respected for.
To do this, not only do we need our fellow citizens to demand and cry out for a just government, but we need to ask and even plead if necessary, for the greater world to support us in our just cause.
We need the East African Community Members of the United Nations to mobilize their influence on our behalf
We, the SPLM/A Chapters need to lead the way in calling on the many nations in which we live to help, such as America, Canada, Australia and England and all the other European countries and places around the world where we live. Calling on IGAD countries, the International Community and the United Nations
And we need the United States, its government and its people, who have invested billions of their tax dollars into aiding South Sudan, in hopes of our success.
We need to rally this vast array of help in order to expedite the facilitation of that necessary constitutional convention by the representatives of South Sudan. We must ask for help but we must lead the way, we cannot stand aside and let others try to do what we should all be doing just so we can blame them if it does not succeed.
Yes, at such a convention there will remain major obstacles and unresolved issues that only compromising and final ratification votes can resolve. But through our efforts to intelligently hammer out as much of constitutional details as possible will permit our representatives at the convention to focus all their efforts on resolving the real issues, instead of wasting time & patience on minor often old disputes.
For those committed instead to revenge, and not to the betterment of all the citizens of South Sudan, rather than speak of the need to commit ever more hostility yet hide in foreign nations, should return home now and fight on the front lines of the civil war.
It is with optimism we must believe our citizens can lay down their weapons at long last, and take up the mantle of citizens of a peaceful, progressive and productive nation that can functionally proudly amongst the civilized world. And it is for that day we must all strive to achieve.
For the rest of us, in diaspora and at home, we must not become discouraged. Although we are dealing with the real world with very flawed real people, we can still create a world that is so very much better than what we have ever achieved before.
