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Conference |
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Modern Government and
Traditional Structures: An open consultation on present challenges
in the South Sudan
April 14 – 16, 2005, Hotel “Beau
Lac”, Neuchâtel /Neuenburg, (Switzerland)
Objectives and Programme
1. Introduction
The successful conclusion of the peace agreement for Sudan
in January 2005 brings not only new opportunities, but also
new challenges to the people and authorities of the South
Sudan. One of the challenges is to rebuilt the war-torn society
of the South, which got seriously damaged in social and political
terms by two decades of armed conflict. There is an obvious
need for an institutionally supported healing process.
Another challenge lies in the accommodation and integration
of its immense cultural and ethnic diversity. Since the social
fabric of the South Sudan consists of more than sixty distinct
communities (nationalities), there is no unity without respecting
its diversity. The latest UNDP report on human development
is very relevant in this respect. It rebukes a number of "destructive
myths" about nation building, which were aiming at culturally
homogenous states with single identities. The UNDP report
makes clear that countries do not have to choose between national
unity and cultural diversity, and that policies recognizing
cultural identities and encouraging diversity to flourish
do not result in fragmentation or conflict.
Furthermore, both modern and traditional institutions of
the South Sudan were severely weakened by the war, and this
has led to a critical "institutional vacuum" inside
the South. It is therefore important to rescue whatever is
left of legitimate institutions, and to rehabilitate and to
adapt them to a new environment.
In this light, Switzerland has been supporting a project
that aims at establishing a forum for the representatives
of all the ethnic communities (known under the name of House
of Nationalities) in the South Sudan, where they can meet
and consult each other on a regular basis. Rehabilitating
traditional authorities does not prevent modernisation. In
fact, through a number of workshops, the women and the youth
have emerged as the most active supporters of the House of
Nationalities in the South Sudan, since it gives them a platform
for an open and public dialogue with the traditional leaders.
They see it as a forum for change.
With the implementation of the peace agreement, the establishment
of the ten states in the South as well as the introduction
of new institutions, the new political order of the South
Sudan is slowly taking shape. Establishing a tribal leaders'
forum in the South Sudan is also to be seen in the context
of strengthening the peace agreement in the South Sudan. The
question is how to rehabilitate traditional institutions,
and how to create a harmonious integration and cooperation
between the traditional and modern institutions in the South
Sudan.
2. Why This Conference?
Traditional structures are present throughout Africa and
still occupy particularly in rural areas an important place
in peoples social and political life. This phenomenon, whether
we like it or not is a reality that has to be acknowledged
in one way or the other; a tribal leader’s forum could
be one.
However establishing a traditional leaders’ forum in
the South Sudan raises delicate issues. The first question
is whether traditional institutions can successfully be rehabilitated,
and how this could possibly be done. Another line of questions
deals with the functions such a forum should or could have,
the political role it should (should not) play, and the kind
of working relation it has to forge with the political authorities.
There are other issues related to the proper functioning of
such a forum that need to be addressed: how would members
get selected, how could the forum work, what competence should
it have?
The goal of this workshop
is to mobilize African and international knowledge to address
these issues. What do other African experiences tell us about
the benefits and risks of establishing a traditional leaders’
forum? How can African and international experts assist the
South Sudanese along that road? How does such a project relate
to other governance challenges in Africa, such as legitimacy
of the state, state failure, cultural diversity and nation building?
The objectives of the workshop can be summarized as follows:
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To develop and
clarify further the concept of traditional leaders' forum
in the South Sudan with the assistance of African and international
experts;
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To address the
fears and concerns of those critical towards such a forum;
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To mobilize and
structure international support for the project;
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To encourage and
assist the South Sudanese in its implementation.
3. Background
The concept of a traditional leaders’ forum was developed
by Sudanese intellectuals during two workshops held in 2000
and 2001. In January 2003, more than seventy leaders of the
South Sudanese Civil Society and representatives of various
ethnic groups met for three days in Nairobi and came up in
strong support of the project, agreeing that all communities
should decide themselves on the implementation of a House
of Nationalities (HoN) during a national conference to be
held inside the South Sudan.
Through a number of workshops organized during the years
of 2003 and 2004, the idea of creating a traditional leaders’
forum spread all over the South Sudan. Of great significance
was also the first women conference on the same issue held
in Lokichokio in November 2003 when the seventy participants
agreed that a forum of traditional leaders would provide them
with a most efficient platform for improving the status and
role of women in the South Sudan.
In June 2004, the SPLM invited over 300 kings, chiefs and
spiritual leaders of the South Sudan to a historical conference.
Though the SPLM leadership made there its scepticism towards
the HoN publicly known, it eventually ended up endorsing the
recommendations of the conference wherein the chiefs were
calling for a forum for regular meetings of traditional leaders
representing all the ethnic communities (el-Mazalla el-kawmiya)
in the South Sudan.
Quotes from the Kamuto Declaration
“WE, the Traditional
Leaders and Chiefs of New Sudan having met at Kamuto, Kapoeta
County, New Sudan, from June 29th - July 10th, 2004, do hereby
(extracts):
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Call upon the
SPLM and Government of South Sudan to assist with establishing
county, state and national forums for the Traditional Leaders
and Chiefs,
and to continue organising such an event at least once every
year, where they shall meet at county level once every three
months and at a state level once every six months.
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Establish peace-building
networks and institutions, devoted to popularising the sentiments
and values of peaceful coexistence within and among communities.
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Commit ourselves
to resolving all disputes amicably and peacefully through
our established legitimate institutions.
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Enhance the role
and responsibilities of Traditional Leaders and Chiefs in
all aspects, particularly as regards the tenure and ownership
of land and other resources belonging to their respective
communities.
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Conduct meetings,
discussions or studies between various Traditional Leaders
and Chiefs to acquaint themselves with each others’
customary laws.”
4. The Possible Role of a Traditional Leaders' Forum
In view of the consultations conducted so far, the House
of Nationalities, as the project is known, is expected to
perform at least five functions, all of them contributing
in their own way to help stabilizing the political situation
in the South Sudan. The first two tracks may be more urgent
than the others, but the remaining ones are no less important
in a long-term perspective.
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To create an institutional
space for the cultural and ethnic diversity – and
a symbol for it at the same time. The preservation of their
culture was a driving force of the armed resistance against
the various governments in Khartoum. But cultural diversity
will remain vulnerable to manipulation by political actors
without an institutional protection. On the other hand,
change is necessary for the survival of cultures. When neglected
or met with contempt, cultures tend to turn defensive, aggressive
and reactionary. In creating awareness of the culture and
its importance, the forum is paving the way for a culture
of change.
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To function as
a forum where the traditional leaders are consulted on issues
of land and customary law. Traditional leaders have an uncontested
know-how and legitimacy to address those issues, and their
forum provides an ideal forum for such consultations.
If the traditional leaders are not consulted on the issue
of communal land, new conflicts will break out. In addition,
customary law cannot be successfully reformed without the
traditional leaders’ support. To institutionalize
a political dialogue between the traditional leaders, the
women and the youth is the most effective instrument to
facilitate change on the ground.
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To solve possible
conflicts among the South Sudan's communities, and to settle
disputes before they escalate into violence. In view of
the war-torn society and the easy access to fire- arms in
the South after 20 years of civil war, its function of settling
conflicts is both very urgent and important; its success
or failure may make or break the implementation of the peace-agreement.
Moreover, a successful integration and demobilization of
the militias requires a sustained support by the traditional
leaders. A traditional leaders’ forum can provide
the natural platform to this end.
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To give to the
political culture of transparency and consensus in the South
Sudan an institutional expression. Without effective recognition,
this culture will be lost in the midst of new political
and administrative structures, which are established for
speeding up development and for absorbing foreign assistance.
The deeply rooted sense of open consultation and legitimate
authority has to find an institutional expression, and a
House of Nationalities can provide exactly this.
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To protect the
independence of the judiciary. Traditional leaders are the
custodians of culture and traditional justice. In the traditional
leaders’ forum they have to settle the disputes among
the communities. Therefore, traditional leaders have a strong
sense for justice. There is no other force in the South
Sudan that has comparable strength and incentives to protect
the independence of the judiciary from the executive. The
election of judges by traditional leaders is an option to
be explored. Historically, the respect of individual property
rights (for rich and poor) has been the single most important
factor for long-term development. The independence and the
integrity of courts and judges are indispensable to this
end.
5. Operational and Procedural Issues
There are many procedural issues that need to be explored
and evaluated carefully:
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Accreditation:
How are the representatives of the nationalities
to be selected?
Different nationalities may have different procedures. Who
shall intervene in case of misuse or conflict of representation
within one community? Is the list of about 90 communities
an appropriate basis to start with? Since a tribal leaders’
forum is a non-partisan institution, should leaders involved
in active party-politics have to be excluded?
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The forum was
tentatively given the name of House of Nationalities, not
House of Chiefs. The difference may seem minor, but some
South Sudanese thought it was politically important to always
remind its members that they represent the communities,
and not the chiefs. This approach may also open the way
for a more democratic selection of those who represent their
nationality in the House. The name does not matter, and
some South Sudanese call the forum already al-Mazalla al-kawmiya.
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Competence:
a traditional leaders forum is expected to have mainly a
consultative competence. Are there areas where a binding
competence should be considered, beyond purely internal
matters? Some issues of customary law?
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If there are different
layers of traditional leaders’ forums, one on the
national level of the South Sudan, another one on the level
of the ten states (and possibly even on the local), what
will be the relation between them?
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Frequency
of meetings: the more meetings are taking place, the
bigger the risk that the members of the forum loose
contact with their own community, and that they fail
to assume their proper role at home. The traditional
leaders conference suggested to have a meeting once
a year at the level of the South Sudan as a whole, and
twice a year at state level, with a duration of about
2-3 weeks each. Is that a realistic proposal?
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Rotation of
places for meetings: whether the meeting place of the
traditional leaders’ forum within the states of
the South Sudan should rotate is an open question. As
far as the annual meeting is concerned one can assume
that a rotation among the different states would be
politically important. The hosting community would also
assume the chairmanship (like the European Council today).
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Role and place
of the women and the youth: how can a traditional leaders
forum operate as an avenue for an institutionalized
dialogue between the traditional leaders on the one
hand, and the women and youth on the other and?
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Internal procedures
of the forum: how is the chairman being selected? Should
there be a “committee” that organises and
runs the meetings? Meetings of the forum would be chaired
by its members, not by politicians.
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Financing:
after an initial period, the forum of the traditional
leaders has to be financed by the South Sudan itself,
without international support. On state level, the costs
for two annual meetings should not be prohibitive, since
there are only 10-20 nationalities to be represented.
On the level of the South, the hosting nationality would
have to bear quite some costs, but due to the rotation
of places that would happen only once in a few decades.
6. The Programme
The programme is structured around three parts. A first part
intends to put the concept of House of Nationalities into
its wider context, namely the role of traditional structures
in Africa. At the same time the concept will be explored in
relation to the social and political challenges of a post-war
situation.
A second part will be dealing with five different functions
of a traditional leaders’ forum: A first function concerns
the conflict resolution potential of such a forum. The second
will address the issue of customary law, it’s importance
and potential to bring about social change. A third function
to be discussed is the issue of cultural diversity and its
institutional expressions. The forth function concerns the
political culture in the South Sudan and its potential for
consensual decision making while the last function that will
be discussed shall address the judiciary as possible intervention
area for the forum.
The third part of the programme is dedicated to operational
questions. Based on the discussions and debates on the different
function the participants are invited to explore concrete
options as to how these functions could be best put into practice.
If possible the conference will end with concrete recommendations
with regards to the way forward in establishing a traditional
leaders’ forum in the South Sudan and how best such
a forum could function
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