Upper Nile Liberation Front

The Declaration of Causes of Separations of Greater Upper Nile

The people of Greater Upper Nile Region having dissolved their political connection with the Government of South Sudan, present to their confederates and the world the causes which have led to the separation. For the last five years we have had numerous and serious causes of destruction in Greater Upper Nile at large. The people of Greater Upper have endeavored one of the worse suffering throughout the region, mass destruction of the Cities, destruction of peace and tranquility, and masses murderous of our people across the Greater Upper Nile.

This hostile policy of Dinka Elders and Salva Kirr to our federation has been pursued with every circumstance of aggravation which could arouse the passions and excite the hatred of our people, and has placed the entire Tribes of South Sudan in the condition of virtual civil war. Our people, still attached to the Tribal habit and Tribal traditions, and averse to change, hoped that time, reason, and argument would bring, if not redress, at least exemption from further insults, injuries, and dangers. The current War imposed by Salva Kirr and Jieng Council of Elders follows by all events have fully dissipated all such hopes and demonstrated the necessity of separation.

We know that as we live in the 21st centuries that the public law of civilized nations requires every State to restrain its citizens or subjects from committing acts injurious to the peace and security of any other State and from attempting to excite insurrection, or to lessen the security, or to disturb the tranquillity of their neighbors. However, Salva Kirr and Dinka Council of Elders choses to punish the entire Citizens of Greater Upper Nile just to Maintain their Controlled over our Lands and Our resources in Greater Upper Nile.

We know that Salva Kirr and Dinka Elders are sound and just principles which have received the approbation of just men in South Sudan; but they are wholly disregarded by the people of the Greater Upper Nile, and the Greater Upper Nile Army will be ready to maintain them. For the last five years the Salva Kirr and Dinka Elders and their allies in the East Africa regions have been engaged in constant efforts to subvert people from their lands and to excite insurrection and servile war among us. They have sent emissaries among us for the accomplishment of these purposes.

Some of these efforts have received the Opportunistic and food loving of a majority of the leading men of the Greater Upper Nile in the Regions, the same men who are now proposed as our rulers. These efforts have in one instance led to the actual invasion of our Cities, Towns and destruction of Greater Upper Nile Regions, and those of the murderers and incendiaries who escaped destructions such as Taban Deng Gai, Lol Gatkuoth, Dr. Riek Gai Kok, Bapiny Nguen Montuil, just to named a few have found a fraternal protection from Salva Kirr and Dinka Councils in Juba. These are the same men who say the Republic of South Sudan shall be preserved.

For such are the opinions and such are the practices of those who have been called by their own masters in Juba, Salva Kirr and Jieng Council of Elders. We know their treachery, betrayal; we know the shallow pretenses under which they daily disregard its plainest obligations. If we submit to them it will be our fault and not theirs. The people of Greater Upper Nile have ever been willing to stand by this attacks, this contract; they have never sought to evade any of its obligations; they have never hitherto sought to establish any resolutions for peaceful solutions; they have struggled to maintain their positions that is only give them right of themselves and the people of Greater Upper Nile are sufferings. But people such as Ezekiel Lol Gatkuoth, Taban Deng Gai and Gony Beliew knows the value of parchment rights in treacherous hands, and therefore they commit their own to the rulers whom the South Sudan offers us.

Why? Because by their declared principles and policy they have outlawed and destructions of our property in the common territories of the Greater Upper Nile Regions; and put it under the ban of the Republic of South Sudan where it exists and out of the protection of Salva Kirr and Dinka Council of Elders everywhere; because they give sanctuary to thieves and incendiaries who assail it to the whole extent of their power, in spite of their most solemn obligations and covenants; because their avowed purpose is to subvert our society and subject us not only to the loss of our property but the destruction of our Lands, ourselves, our families, and our future children, and the desolation of our homes, our altars, and our firesides. To avoid these evils we are fully declared that the powers which our ancestors delegated to the people of Greater Upper Nile, and henceforth will seek new safeguards for our liberty, equality, security, and tranquillity of our Lands, our people and the future of Greater Upper Nile’s people.

 

 

A Relational Approach to Federal Democratic

Republic of Upper Nile 

The Federal Democratic Republic of Upper Nile. 

 

The Worker People’s Party of Upper Nile For the better of Upper Nile

 

By Gatluke Chuol Reat 

The Implementation of lasting peace in South Sudan. A case for Federal Democratic Republic of Upper Nile

This call focuses on the issue of implementing principles of people of greater Upper Nile to self-determination for the people of the great Upper Nile State. In order to capture core challenges related the current war and how to bring about peace and tackle the real issues concerning the great Upper Nile, the first section outlines the importance of adopting a relational approach to the people of greater Upper Nile to be an independent Country.

For the purposes of broader elaboration, this will be done by using the explanatory power of this approach, first and foremost, it is possible to understand modern people of Greater Upper Nile in South Sudan. The second section connects the concept of commonalities within Great Upper Nile in many stages in which the people of Great Upper Nile can be able to live in peace in their own Country.

 

First and foremost, the current Situation in South Sudan

Since South Sudan start making peace by itself was 2002 and later in the process South Sudan plunge into the current civil war in December 15, 2013, countless peace process were made. In this case, I will use the BBC’s South Sudan Chronological analysis of South Sudan peace process and it failure to achieve any peace. 

 

 2002 - Talks in Kenya lead to a breakthrough agreement between southern rebels and Sudanese government on ending the civil war. The Machakos Protocol provides for the south to seek self-determination after six years.

 

North-south peace deal

 

2005 January - North/South Comprehensive Peace Agreement (CPA) ends civil war; deal provides for a permanent ceasefire, autonomy for the south, a power-sharing government involving rebels in Khartoum and a south Sudanese referendum on independence in six years' time.

Abyei has been the focus of a smouldering dispute with Sudan

Why Abyei is crucial

2005 July - Former southern rebel leader John Garang is sworn in as first vice-president. A new Sudanese constitution which gives the south a large degree of autonomy is signed.

2005 August - South Sudanese leader John Garang is killed in a plane crash. He is succeeded by

Salva Kiir Mayardiit.

2005 October - Autonomous government is formed in South Sudan, in line with the January 2005 peace deal. The administration is dominated by former rebels.

 

 

Fragile peace

2006 Jube regime introduce a forcefully disarmament in particularly Nuer dominated areas such as Lou Nuer killings 800 people and burning down villages. Hundreds die in fighting centred on the southern town of Malakal - the heaviest between northern Sudanese forces and former rebels since the 2005 peace deal.

  1. March - Tensions rise over clashes between an Arab militia and SPLM in the disputed oilrich Abyei area on the north-south divide - a key sticking point in the 2005 peace accord.

Independence was backed by 99% of South Sudanese in the 2011 referendum

South Sudan vote confirms split

  1. July - North and south Sudan say they accept ruling by arbitration court in The Hague shrinking disputed Abyei region and placing the major Heglig oil field in the north.

 

Independence referendum

2009 December - Leaders of North and South reach deal on terms of referendum on independence due in South by 2011.

Numerous rebellions arose in the run-up to South Sudan's independence

 

South Sudan's enemy within

 

2011 January - The people of South Sudan vote in favour of full independence from Sudan. 2011 February - Clashes between the security forces and rebels in southern Sudan's Jonglei state leave more than 100 dead.

New state born

2011 9 July - Independence day.

2011 August - UN says at least 600 people are killed in ethnic clashes in Jonglei state. 2012 January - South Sudan declares a disaster in Jonglei State after some 100,000 flee clashes between rival ethnic groups

2013 June - President Kiir dismisses Finance Minister Kosti Manibe and Cabinet Affairs Minister Deng Alor over a multi-million dollar financial scandal, and lifts their immunity from prosecution.

2013 July - President Kiir dismisses entire cabinet and Vice-President Riek Machar in a power struggle within the governing Sudan People's Liberation Movement.

Civil war

  1. December - Civil war erupts as President Salva Kiir accuses his former vice-president, Riek Machar, of plotting to overthrow him.

Rebel factions seize control of several regional towns, thousands are killed and many more flee.

Uganda troops intervene on the government's side.s sacked in 2013

  1. January - A ceasefire is signed but broken several times over subsequent weeks, and further talks in February fail to end the violence that displaces more than a million people by April. 2014 August - Peace talks begin in Ethiopian capital Addis Ababa and drag on for months as fighting continues.

  2. August 17, peace was finally signed by South Sudanese parties

  3. April - Riek Machar finally returns to Juba and is sworn in as first vice-president in a new unity government - but is sacked in July after further conflict and goes back into exile.

2016 July War break out in Juba killing more than 300 people and Riek machar was

Once again push out from Juba 

July 23, 2016  MACHAR REMOVED AGAIN

 November 11, 2016 UN warns that South Sudan is at risk of “outright ethnic war.”

 

2016 November - UN sacks Kenyan commander of its peacekeeping mission over the failure to protect civilians in Juba during July violence. Kenya withdraws its troops from the peacekeeping mission.

Japanese peacekeepers arrive South Sudan, the first time in nearly 70 years that Japan has deployed its soldiers overseas with a broad mandate to use force if necessary.

  1. December - A UN commission on human rights says a process of ethnic cleansing is underway in several parts of the country, a claim that President Salva Kiir denies.

  2. February - A famine is declared in parts of South Sudan in what the UN describes as a man-made catastrophe caused by civil war and economic collapse.

2017 May – Salva Kiir declares unilateral ceasefire, launches national dialogue, but failed days

later.

  1. August - The number of refugees fleeing violence in South Sudan to Uganda passes the one million mark, according to the UN.

  2. 23, February  UN Human Rights Commission collects evidence to hold more than 40 South Sudanese officials accountable for war crimes and crimes against humanity

 

201 8The Commission’s report chronicles appalling instances of cruelty against civilians who have had their eyes gouged out, their throats slit or been castrated. Children have been recruited by all sides in the conflict and forced to kill civilians; in many cases they have watched loved ones raped or killed. Children are also thought to make up a quarter of the sexual violence victims in a conflict where rape has reached grotesque levels. If the fighting continues unabated, only one in thirteen South Sudanese will finish primary education, blighting a whole generation.

 

What left for South Sudan to remain one? 

  • Simple answer is-Nothing and another Chapter must be open.  

 

Solution? South Sudan must be break into three Countries: 

  • Great Equatoria

  • Great Upper Nile

  • Great Bhar El Gazal 

 

A Relational Approach to Federal Democratic Republic of Upper Nile  

This relational approach will helps to capture the core challenges related to the current situation in South

Sudan toward self-determination for the people of greater Upper Nile. Inspired by the break away from Sudan in 2011, it is important for the people of Great Upper Nile to envision this possibilities. This envision can be seen through two analytical normative spaces such as political participation and governance.

The first space is governed by the Great Upper Nile peoples themselves through forms of autonomy and self-government. Self‐trust government is a necessary condition of personal autonomy and self-respect compared to what we have in South Sudan today. Self‐government involves a positive sense of the motivations and competence of the trusted person; a willingness to depend on him or her country by putting the interest of the people first; and an acceptance of vulnerability of other. However core self‐government is essential for functioning as an autonomous human society

through advance social justice, through political legalism. Liberty, equality, brotherhood, justice, security, freedom. This is a core purpose as to why we need to have an Upper Nile State for the people of the greater Upper Nile to live in peace. 

 

The second space encompasses the political system of the state as a whole. The perceived size and nature of the respective spaces vary and may depend on such factors such as livelihood, cultural background, and territory (for instance, the Nuer, Shilluk, or Murle or Anyuak could be either a minority or majority within a given region). 

At the stage of these two spaces of political participation and governance are the leading objective and common political, legal, economic, and ethical shared that will governed the new nation of great Upper Nile Federation. This is the space where citizens of great Upper Nile, must exercise their autonomy through participation in shared political processes. In this shared space, they be able to articulate their interests, values, and rights in their own region such as that of Ethiopia (Federal system). In this way, the inhabitants of that regions will be able to negotiate their own shared concerns and issues of that particular region, such as their differences. This will include the issue of land rights, cultural protection, and languages based on a deliberative and procedural understanding of politics aimed at achieving consensus in collective decision-making of their own terms. 

Hence, the process of encompassing people of great Upper Nile’s perspectives and participation into their own affairs can be described as a combination of powers. This will be done though relational approach to self-determination for the Federation of Upper Nile as a country. This also will captures and brightens the potential of focusing on the incorporation of powers due to the approach’s normative force in explaining complex interdependence between the policies, interests, and rights of the people of great Upper Nile region. 

In practical terms, a relational view of people of great Upper Nile to self-determination focuses on the ways in which the people of great Upper Nile can extend political influence beyond the traditional domain of by elite’s politics that plunge South Sudan into the current war and beyond self-government in autonomous regional institutions. This can be done by incorporating regional’s perspectives into decision-making bodies at local, regional, and national levels of greater Upper Nile. As a result, the people of greater Upper Nile will increase their influence through their increased ability to collaborate within their regions which is lacking now due to confusion from other regions such as Bhar El Gazal and Equatoria.  

The wider political community through closer relationship within the great Upper Nile region will be easy to understand each other. Equally important is the need on all regions of South Sudan to develop the same feelings of respect and trust through their own regions. Building trust depends, in large part, on building political influence through autonomous institutions lead by sons and daughters of the same region. This will be done the same way as former Yugoslavia, Ethiopia, and many countries who went through the same thing. Europe was one, but they went to the same process which lead it to the current stabilities in the entire Europe. Therefore, the next segment will focus on some of the steps that will restore and maintain trust between the people of Federal Democratic of Upper Nile.

How to develop a sustainable and Political Engagements in Great Upper Nile

As a multicultural society 

The Upper Nile Federation under the federal approach, the central objective of negotiations will be to reach agreements on self-government as opposed to legal definitions of the inherent right of every person in greater Upper Nile. The Government will realized that local governments and institutions will require the jurisdiction or authority to act in all of areas in order to give practical effect to the inherent right of self-government across greater Upper Nile. As a federal State, the government will grant the possibility of people of Upper a jurisdiction or authority as likely extending to matters that are internal to the group, integral to its distinct to culture, and essential to its operation as a government or institution. Under this approach, the range of matters that the federal government of Upper Nile would see as subjects for negotiations could include all, some, or parts of the following:

  • establishment of governing structures, internal constitutions, elections, leadership selection processes

  • marriage

  • Child welfare, education, health  and social services

  • Languages, culture and religion

  • administration/enforcement of local laws, including the establishment of locals courts or tribunals and the creation of offences of the type normally created by local or regional governments for violating of their laws

  • policing

  • property rights, including succession and estates, land management, including: zoning; service fees; land tenure and access; and expropriation of local land by local governments for their own public purposes

  • agriculture, natural resources management, hunting, fishing and trapping on local  lands

  • taxation in respect of direct taxes and property taxes of members

  • transfer and management of monies and group assets

  • management of public works and infrastructure

  • housing

  • local transportation

  • licensing, regulation and operation of businesses located on local lands

Once the government of Upper Nile is Stabilize, detailed arrangements will be required by the parliament of Upper Nile to ensure harmonization of laws, while in others, a more general recognition of local jurisdiction or authority may be sufficient to a local government within geographic region.

 

Although the final arrangement will be done once the country is achieved, the frame-work will be develop based on exemplifies how political compromise and legitimate decisions for by the

people of greater Upper Nile themselves. On the surface, what the people of greater Upper

Nile need is a democracy which will encompass all social ideals and appears to be the epitome of political government. The motivating principle asserts the inherent right of all to participate in government and determine public policy. But with unquestioned power invested in popular opinion, democratic idealism deteriorates rapidly into government by organized majorities. On the one hand, system of law will be drafted that will constitute the country, land rights, issue concerning former misunderstandings, policies, and approaches. We have to be mindful too that like many other countries that has a multicultural societies around the world, the people of Federal Democratic of Upper Nile have a long-standing history of adaptation. However, the official policy of integration will be done collectively by both government of Upper Nile as Country and people of Upper Nile. As free moral society, individ-

uals should be free to seek justice through values that represent the right of individual, (s), while individuals acting collectively seek favoritism through deliberate applications of political injustice. Individuals must laboriously ponder justice through conscience, while political majorities have only to embrace an ideology to have it automatically proclaimed morally correct regardless of the injustice it may inflict. 

Despotism, no matter by what name it masquerades, is quick to exploit this human infatuation with group motivation, which has destroyed South Sudan. Human progress depends entirely upon the intrinsic moral judgment of self-governed individuals, politically controlled in the minimum degree that prevents infringement on the human rights and opportunities of others. For that reason, despotism must not be allow in the Greater Upper

Nile by level of the government in Upper Nile

Constitutional legalism must be the core governing system within Upper Nile because constitutional system is both the ancient and modern political solution for democratic societies. But no matter how eloquently it defines the rights and virtues of individuals or how boldly it affirms opposition to majority injustice, it is still only a document of public intention. As a standard internationally, constitutional legalism may accurately recognize the basic differences in human desires, initiatives, and capabilities, and assure that the fruits of human effort will be equitably divided in direct proportion to contribution. It may also impartially administer justice. But as soon as the legal system appears less than perfect to a majority that lacks the human energies necessary to utilize its perfections, the endless search for the golden mean of political mediocrity resumes, then the people of greater Upper Nile parliament can add or amend any clauses that might be needed by the people of Upper Nile.

 

In 1990-1992, Yugoslavia was set up as a federation of six republics, with borders drawn along ethnic and historical lines: Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Serbia and Slovenia. In addition, two autonomous provinces were established within Serbia: Vojvodina and Kosovo. This happened because there were varied reasons for the country’s breakup ranged from the cultural and religious divisions between the ethnic groups making up the nation, to the memories of WWII atrocities committed by all sides, to centrifugal nationalist forces. However, a series of major political events served as the catalyst for exacerbating inherent tensions in the Yugoslav republic. So, this will applied to Greater region, such as Equatoria, Upper Nile, and Bhar El Gazal. 

Future Economic of Upper Nile: Must be command economy

Command Economy is free market, an economy which is mostly under the command of the government where for the first 50 years of greater upper existence, government must play a role in order to modernize, advanced and stabilize the economic of Upper Nile.

Here is Fifteen (16) points explanation about Federal Democratic Republic of Upper Nile

 

 

  1. The people of Greater Upper Nile call for the Federation that will be inclusive for all people of

Greater Upper Nile on the basis of the principle of self-determination.

  1. Federal Democratic Republic of Upper Nil, shall be the name of the Country

comprised with 10 states,  Malakal shall be the Capital of Upper Nile, States will be as follow,

Adar, Sobat, Phow, Bibor, Fashoda, Jonglei, (Bieh will be divided into two States Akoba and Bieh States), and (Bentiu also will be divided into two States, Bentiu North (Capital Bentiu which will comprised Mayom, Mankien Abiebnom, Guit, Rubkoni  and Bentiu South Capital Leer which will comprise Leer, Koch, Adok, Mayendit, Panyijiar and Nyal. However, mapping will be details later)

  1. The people of Greater Upper Nile call to the full ownership of the lands and territories for the preservation of the people and the settlement of the surplus population in Greater Upper Nile.

  2. Only those who are our fellow in Greater Upper Nile can become citizens and only those who have

Upper Nile blood, regardless of creed, can be our Citizens.

  1. The people of Great Upper Nile call that the Upper Nilians people have rights equal to those of other nations.

  2. People of Upper Nile have right to choose the government and determine the laws of the State that shall be belong only to citizens of Upper Nile. This will include, therefore the call that no public office, of whatever nature, whether in the central government of Upper Nile, the States, or the Counties, shall be held by anyone who is not a citizen of Upper Nile.

  3. All citizens of Greater Upper Nile must possess equal privileges and responsibilities of the Upper

Nile.

  1. We call for the eradication of the SPLA and the creation of a national army (Upper Nile Army)

 

  1. The primary obligation of every citizen must be to work rationally or physically for or to the interest of the Greater Upper. No individual shall do any work that affronts against the interest of the community to the benefit of all.  

  2. The job of the government would be to promote higher education, and thus the opportunity to reach into positions of leadership, the State must assume the responsibility of shaping systematically the entire cultural system of the people of Upper Nile.  

  3. The State has the duty to help raise the standard of national health by providing maternity welfare centers, by prohibiting juvenile labor, by increasing physical fitness through the introduction of obligatory sports and by the greatest possible encouragement of associations concerned with the physical education of the youths.

  4. We call that the official language of Greater Upper Nile, which serves as an official language of the Federal Democratic Republic of Upper Nile, shall be from Greater Upper with a second language within the Upper languages. 

  5. The call for the nationalization of all profits and call for profit-sharing in large industries.

  6. The call for freedom for all religious faiths in the state, insofar as they do not endanger its actuality or affront the moral and ethical sense of the Upper Nile challenges

  7. Call for the creation of a strong central authority in the State, the unconditional authority by the political central parliament of the whole State and all its organizations.

  8. Call that the State shall above all commence to ensure that every citizen shall have the prospect of living courteously and earning a livelihood the Citizens deserve

 

As standard internationally, the Federal Democratic of Upper Nile’s structure-of-government will be as follows: 

 

THE STRUCTURE OF GOVERNMENT of Federal Democratic Republic of Upper Nile  

The Executive

The Judiciary

The Legislature

 

The Executive

The executive consists of the President, the Deputy President and the Cabinet ministers at national level, and the Governor and Members of the Executive Councils (MECs) at State level. It also includes government departments and civil servants.

The responsibility of the Executive is to run the country and to make policy in the best interests of its citizens and in terms of the Constitution. They are empowered to implement legislation, develop and implement policy, direct and co-ordinate the work of the government departments, prepare and initiate legislation and perform other functions as called for by the Constitution or legislation.

The Executives cannot pass laws, however, but may propose to the Legislature new laws and changes to existing laws.

The Structure of the National Executive:

The President

The President is Head of State and head of the national Executive or Cabinet. S/he is entrusted with maintaining the supremacy of the Constitution as the guiding law of the country, and is also required to promote the unity and interests of the nation. As head of the national Executive, the President is also the Commander-in-Chief of the defence force.

Election of the President

The election of the President, the President will be elected by the people through national election, and he/she must be a member of his or her own political party. Once elected as President, the President ceases to be a Member of political party and must be sworn into office within a period required by the constitution of the Federal Democratic Republic of Upper Nile. 

Duration of the Presidency

A person may serve as President for no more than two terms. Appointments as acting President are not included in this period.

Removal of the President

If the President is found to have seriously violated the Constitution or the law, or has been engaged in serious misconduct or is unable to perform his/her duties, the National Assembly may remove him/her from the position of President. Such a resolution would have to be adopted with a two thirds majority - that is two thirds of all of the Members of Parliament would have to agree to this.

On the other hand, a motion of no confidence in the President (that is, a proposal that s/he is not governing the country satisfactorily) requires only a majority vote (over 50% of all Members) by the National Assembly. If this was successful, the President would have to resign and his Deputy will be sworn in as a President and the entire Cabinet, as well as the Deputy Ministers, would have to remains unchanged. However, the new President would have a right to appoint/remove any member of the cabinet. 

 

Acting President

If the President is out of the country or unable to perform his/her duties, the following people, in order of priority, are required to serve as acting President:

  1. the Deputy President

  2. a Minister designated by the President

  3. a Minister designated by the Cabinet

  4. The Speaker of the National Assembly until it elects one of its Members of Parliament.

Powers and functions of the President

The President is responsible for

  • appointing the Cabinet;

  • appointing judges after consulting with the Judicial Services Commission;

  • appointing the Public Protector, the Auditor-General and members of the various Commissions on the recommendation of Parliament;

  • appointing the Military Command of the Defence Force;

  • appointing commissions of inquiry;

  • assenting to and signing Bills passed by Parliament so that they can become laws, or referring Bills back to the National Assembly or to the Constitutional Court if there are concerns over their constitutionality;

  • calling special sittings of the Houses of Parliament;

  • calling a national referendum;

  • receiving foreign diplomats;

  • designating Federal Democratic Upper Nile’s representatives abroad;

  • conferring honours;

  • pardoning or reprieving offenders; and

  • Declaring a "state of national defence" with the approval of Parliament.

The Deputy President

The President appoints the Deputy President from amongst the Members of the National Assembly and may also dismiss her/him. The President assigns particular powers and functions to the Deputy President who must assist the President in the running of government (section 91 of the Constitution).

The Cabinet

The Cabinet comprises the President (as its Head), the Deputy President and Ministers who are appointed by the President from the National Assembly or from the private sector. 

The President assigns powers and functions to the Minister and may dismiss them.

Responsibilities of Ministers

The President allocates specific responsibilities known as a "portfolios" to each Minister to supervise. 

There will be 26 portfolios. These are:

  1. Agriculture and Land Affairs

  2. Arts, Culture, Tourism

  3. Communications

  4. Correctional Services

  5. Defence

  6. Education

  7. Environmental Affairs 

  8. Finance

  9. Foreign Affairs

  10. Health

  11. Interior

  12. Housing

  13. Intelligence

  14. Justice and Constitutional Development

  15. Public Works, Labour

  16. Commence 

  17. Minerals and Energy Affairs

  18. Science and Technology 

  19. Public Enterprises

  20. Public Service and Administration

  21. Safety and Security

  22. Sport and Recreation

  23. Trade and Industry

  24. Transport

  25. Water Affairs and Forestry

  26. Welfare and Population Development.

Each Minister has a Ministry which consists of a small team of advisors. The Ministry and a Department, headed by a Director-General, assist the Minister in developing and implementing policy and laws.

Accountability

Ministers are accountable to the National Assembly for their actions and for those of their departments and they must act according to government policy. They must also provide Parliament with regular and full reports about matters for which they are responsible.

Members of the Cabinet must act according to a code of ethics, created by the portfolio’s job description, and president pursuant to the principles and framework established by the Executive Members' Ethics Act role (will be stabilize). This Act says that they may not do any other paid work, have conflicts of interests between their official and private capacities, must not act in any way that is inconsistent with their offices, or use their position or any information entrusted to them for the improper enrichment of anybody.

Term

After the dissolution of Parliament, the Cabinet continues to function until the next National Assembly elects a new President and a new Cabinet is appointed.

If the majority of Members of the National Assembly passes a motion of no confidence in the Cabinet then the President must establish a new one. If the majority of the National Assembly Members passes a motion of no confidence in the President, not only the President but his Cabinet and the Deputy Ministers must also resign.

Deputy Ministers

While Deputy Ministers are not Members of the Cabinet, they are required to assist the relevant Ministers in the execution of their duties.

The President, in consultation with the Deputy President, is responsible for the appointment of Deputy Ministers from amongst the Members of the National Assembly.

Despite not being Members of the Cabinet, Deputy Ministers would have to resign along with the entire Cabinet if a motion of no confidence in the President was successful.

 

The Structure of a State Executive

The Executive in each State is called the Executive Council and is headed by the Governor. Members of Executive Councils (MECs) are accountable to their Legislatures in the same way as the Cabinet is accountable to Parliament.

The Governor

The Governor is elected by the people of that State through a State wide or might be by the country wide elections. The Candidate must have their own political party affiliation.

The Executive Council

The Governor appoints the Members of the Executive Council (MECs) from among the Member of State Legislative (MSL). There may be up to ten MECs in each State required by the constitution of the State or of the Country. 

Responsibilities of MECs

MECs are accountable to their Governor. Like Ministers, MECs are responsible for departments. These State departments deal only with those matters that States are allowed to control or those over which they share control with national government.

There is still no formal structure to facilitate intergovernmental relations between the national and State executive. Ministers and MECs do meet informally, however, in what is known as MIN-MEC. This is a meeting between the Minister and the State MECs who deal with the same portfolio. MINMEC plays a meaningful role in the process of co-operative government.

Non-compliance

It is the responsibility of national government to build the administrative capacity of the States. If a State is not performing properly, national government can take over a State's responsibilities to maintain established service standards, economic unity or national security or to prevent a State from acting in ways which harm the interests of another State or the country as a whole.

If Cabinet intervenes in a State, it must table notice of this in the National Council of State (NCOS) within 14 days of having intervened. There will be a number of provisions (outlined in section of the Constitution) that ensure that national supervision of a State administration is strictly monitored by the

NCOS, State.

In the same way, State governments are allowed to administer the affairs of local governments that are not performing properly. Here, too, the NCOS is responsible for monitoring such an intervention.  

 

The Judiciary

Judicial authority is vested in the courts, which are independent and subject to the laws of the Constitution. The courts are:

  • the Constitutional Court

  • the Supreme Court of Appeal

  • the High Courts

  • the Magistrates Courts and      various other Courts.

The Constitutional Court

The Constitutional Court is the highest court for constitutional matters. Will be located in Malakal and presided over by a maximum of 9 judges.

The Court guarantees the basic rights and freedoms of all persons. Its judgements are binding on all organs of government, including Parliament, the Presidency, the police force, the army, the public service and all other courts.

It is also the only court that may decide upon disputes between organs of Federal government in the national and States spheres. The disputes may concern

  • the constitutional status, power or functions of any of those organs of state;

  • the constitutionality of any national or provincial Bill or Act;

  • the constitutionality of any amendment to the Constitution;

  • the possible failure of the Parliament or the President to fulfil a constitutional obligation; or           certifying a provincial constitution.

Supreme Court of Appeal

The Supreme Court of Appeal is the highest court of appeal except in constitutional matters, and may hear only

  • appeals;

  • issues connected with appeals; and

  • other matters that may be referred to it in circumstances defined by an Act of Parliament.

When people are not satisfied with the decision of a High Court, they may take the matter further to the Supreme Court of Appeal.

The Supreme Court of Appeal is located in Bloemfontein. It is presided over by five judges.

High Court

High Courts are primarily intended for more serious criminal and civil cases. They may hear some constitutional matters - with the exception of those matters that only the Constitutional Court may decide.

Each State has a High Court which is usually situated in the capital.

 

Magistrates’ Courts

Magistrates’ Courts are the usual entry point for the majority of people who go to court. There are two kinds of magistrate courts: regional courts and district courts. Regional courts are higher in rank which means that they hear more serious cases than the District Magistrate Courts and may impose heavier sentences.

Magistrates’ courts and other courts may decide on any matter determined by an Act of Parliament, but may not enquire into or decide about the constitutionality of any legislation or any conduct of the President.

 

Other Courts

There are various other courts which are located at varying levels in the court hierarchy:

  • the Small Claims Courts which look at minor cases involving sums of (amount to UNP 5,000, country’s currency) or less;

  • the Electoral Court which deals with electoral issues, for example when there is a dispute among political parties concerning the elections;

  • the Labour Court which deals with issues pertaining to labour relations; and    the Land Claims Courts which deal with matters of land redistribution.

The Legislature

The term "legislature" means a body of elected representatives that makes laws. The prime function of legislatures, therefore, is to formulate, debate and pass legislation which is needed for the government and the country to function. The legislature also provides a forum in which the public can participate in issues and watch over the executive arm of government.

In Federal Democratic of Upper Nile, the national legislature is Parliament and each of the State also has a legislature. These States legislatures function autonomously and co-operatively within the framework provided by the Constitution which outlines the obligations of co-operative governance.

Parliament

Parliament has two Houses: the National Assembly and the National Council of States (NCOS).

The National Assembly

The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. It does this by:

  • Separate body from the President,

  • providing a national forum for public consideration of issues,

  • passing legislation and

  • Scrutinizing and overseeing executive action.

Members of the National Assembly can change the government by passing a vote of no confidence in the President and/or the Cabinet.

Membership

The National Assembly must have a maximum of 250 Members and a minimum of 150 Members of Parliament (MPs).

Members are elected to the National Assembly through an electoral system based on proportional representation. The Constitution makes it clear that the current electoral system can be changed by a new law, provided that the new electoral system results, in general, in proportional representation. This means that candidates are appointed from party lists in proportion to the number of votes the party wins in the elections. So if a party wins half the votes it will hold half the seats in the National Assembly.

State Legislatures

Each province has a legislature, the size of which varies depending on the population levels in the State.

According to the Constitution the minimum size of a Legislature is 30 members and the maximum size is 80 members. Members are elected from State election on the basis of the number of votes received by a political party.

A State legislature is responsible for passing the laws for its State as defined in the Constitution. These laws are only effective for that particular State. Parliament may intervene and change these laws if they undermine national security, economic unity, national standards or the interests of another State.

Like Parliament, State legislatures have the responsibility of calling their Members of their Executive to account for their actions.

 

Office bearers of legislative institutions

Parliament: National Assembly
          The Speaker and Deputy Speaker are the Presiding Officers and they manage the National

Assembly's affairs.

  • The Leader of Government Business is appointed by the President from the Cabinet, s/he is responsible for organising and synchronising the legislative work programme with government business.

  • Chief Whips (representing the majority party and largest minority party)

The Presiding Officers together with the Chief Whips and Leader of Government Business decide on the programme for Parliament.

Other office bearers are:

           the Whips;
  • the Chairperson of Committees who presides at the sittings of a House when the Speaker and Deputy Speaker are not available and approves the budget and expenditure of Committees, in consultation with the Chief Whip of the majority party; and

  • the leader of the largest opposition party who is recognised as being the official Leader of the

Opposition.

 

State Legislatures

Like Parliament, office bearers in the provincial legislatures comprise

  • the Speaker

  • the Deputy Speaker,

  • the Leader of the House,

  • Chief Whips (representing the majority party and largest minority party)

  • the Whips,

  • the Chairperson and the Deputy Chairperson of Committees, and        the Leader of the Official Opposition.

Functions and responsibilities of office bearers

Presiding officers

The Speaker in the National Assembly and in the provincial legislatures is the person who presides over the proceedings of the House and is responsible for running the legislature subject to the policy laid down by the Joint Rules Committee of Parliament.

In the NCOP s/he is called the Chairperson and has the same powers as a Speaker. In the NCOP there are two deputies, one permanent and one rotating. The position of the second chairperson rotates amongst the provinces on an annual basis.

These presiding officers and their deputies are elected from amongst the Members of each legislature and are expected to be fair and impartial in the execution of their duties.

They are responsible for:

  • presiding over meetings in the House and taking charge of debates, making sure that Members can participate freely while keeping to the rules;

  • Interpreting the rules. S/he may also give a ruling or make a rule on a matter for which there is no provision in the current parliamentary rules;

  • regulating public access to meetings and ordering members of the public to leave the House, where necessary;

  • Censuring Members, ordering them to leave the House and even ordering the offending Member to leave the precincts of Parliament until they have decided what action to take against the Member. In the event of serious disorder at a sitting, they may suspend the proceedings or adjourn the sitting.

The National Assembly may remove the Speaker or Deputy Speaker from office by resolution. A majority of the Members of the Assembly must be present when the resolution is adopted.

Chairperson of Committees

The Chairperson of Committees is appointed by the Members of a legislature. His/her primary functions are

  • to preside at meetings of the Committee of Chairpersons;

  • to approve the budget and expenditure of Committees, in consultation with the Chief Whip of the majority party; and

  • to preside at the sittings of a House when the Speaker and Deputy Speaker are not available.

Leader of Government Business (Leader of the House)

The Leader of Government Business is chosen by the President (with the consent of the Cabinet) from amongst the Members of the Cabinet and represents Cabinet in Parliament.

The Leader of Government Business, in consultation with the Chief Whip of the majority party, plays a crucial role in deciding on the programme of the legislature and ensuring that government business is dealt with and properly synchronised.

In provincial Legislatures, the Leader of Government Business is referred to as the Leader of the House and is appointed by the Premier. The Leader of the House serves as a link between the Executive Council and its Legislature and s/he performs the same functions as the Leader of Government Business.

Chief Whips and Party Whips

Whips contribute to the smooth running of a legislature. At the same time whips represent their party's interests and ensure the discipline of their members and the effective functioning of their party, both within the legislature as well as within the organisation.

There are two Chief Whips who are the official office bearers. One represents the majority party and the other is from the largest minority party. The other parties have Senior Whips assisted by a number of other whips. The Chief Whips are formally appointed by the Speaker, based on the recommendations of the respective political parties.

The Chief Whip of the majority party, in consultation with the Chief Whip of the largest minority party, is responsible for the detailed arrangement of the legislative business, that is, the programme of the Legislature. S/he is also responsible for approving the budget of Committees in consultation with the Chairperson of Committees.

 

Committees

Much of the work of legislatures is delegated to Committees. This means that

  • issues can be debated in more detail than is possible in a full sittings of the House;

  • public hearings can be held on specific matters;

  • Members assigned to a Committee can develop expertise and in-depth knowledge of the field covered by that Committee; and

  • internal arrangements, proceedings and procedures for the legislature can be devised and monitored.

The responsibilities of Committees include:

  • initiating legislation (rules for which have recently been established);

  • debating and amending legislation and policy documents;

  • monitoring the departments they oversee;

  • investigating and making recommendations on the budgets of these departments;

  • holding public hearings or asking for submissions on important bills; and

  • investigating any function of the executive and its department, which includes summoning ministers and any department official to appear before them to supply information;

Committees do not take decisions but make recommendations to the legislature. Usually these recommendations are expressed in the form of reports to the House.

Each Committee elects its own chairperson. Each Committee is supported administratively by a Committee secretary/clerk.

Portfolio and Select Committees

In the National Assembly there are "Portfolio" Committees which shadow government departments - for each government department/portfolio there is a portfolio committee. For example there is a Portfolio

Committee on Housing which addresses issues which relate to the Department of Housing. The National

Assembly has equivalent Committees, known as "Select" Committees. For example the Security and

Justice Select Committee deals with the portfolios of Justice, Safety and Security as well as Defence.

Committees in the State legislatures

State legislatures also have committees. Like the national portfolio committees, they shadow the area of responsibilities of Member of Executive Council (MECs) - but unlike the national committees, there is not always one committee per MEC or government department/ issue.

Ad hoc committees

Both Parliament and State legislatures have temporary Committees, known as "Ad Hoc" Committees, which are formed to consider specific issues. They cease to exist once they have completed their mandates.

Standing Committees

Some committees are permanent structures and are known as "standing committees" such as the Public

Accounts Standing Committee. Some permanent committees have members from both the National Assembly which are called "joint" standing Committees such as the Joint Standing Committee on Defence.

 

Legislative Authority

Legislative authority is vested nationally in Parliament (section of the Constitution). State legislative authority is vested in the State legislatures (section of the Constitution).

National

The national legislative authority, as vested in Parliament, gives the National Assembly the power

  • to amend the Constitution;

  • to pass legislation with regard to any issue, subject to certain provisions; and

  • to pass on any of its legislative powers to any legislature in the other spheres of government

(except the power to amend the Constitution).

Parliament may intervene in State legislation and make or change laws dealing with exclusive State matters (listed in will be section of the Constitution) only in the following cases (section of the constitution):

  • to maintain national security,

  • to maintain economic unity,

  • to maintain essential national standards,

  • to establish minimum standards for rendering of services; or

  • to prevent unreasonable action by a province that might be detrimental to the other provinces.

 

State

State legislatures are bound only by the national Constitution and by their own Constitution.

The legislative authority of State as vested in State Legislatures gives them the power

  • to pass a constitution for the province, or amend any constitution passed by it (sections of the will be the Constitution);

  • to pass legislation for the State with regard to any matters

  • within a functional area listed in the Constitution;

  • outside those functional areas that are expressly assigned to the State by national legislation; and

  • for which a provision of the Constitution envisages the enactment of State legislation; and           to assign any of its legislative powers to a Counties Council in that State.

A State legislature can, with a two-thirds majority, request Parliament to change the name of that State.

A State legislature may recommend to the National Assembly legislation concerning

  • any matter outside the authority of that legislature; and

  • Where an Act of Parliament prevails over a State law.

 

Capital of Federal Democratic Republic of Upper Nile

  • Shall be Malakal

Conclusion

A relational perspective on implementing a lasting peace in South Sudan is to divide the country into three regions, namely Bhar El Gazal, Equatoria and Upper Nile region. In this case Upper Nile people must work toward self-determination and inspires the view that peoples of Upper Nile must seek influence in a variety of different political forums to manage the complex issues arrives toward this goal. This relational approach makes the case that establishing an autonomy for the greater Upper Nile and selfdetermination through self-governing engagements by the people of Upper Nile through their own perspectives and participation into their own affairs. However, the experience of seeking political influence and gaining self-governance for the people of greater Upper Nile will only be realize by the people of greater Upper Nile themselves. 

For that reason, it is necessary to respond to the uncertainty of political decisions formulated through changing the current system in South Sudan. Therefore, political and rational approaches to reforms are needed for actual collaboration to come about by better managing the complex attached to this topic. The case of the former Yugoslavia explains one example of how people of three regions of South Sudan and people of Upper Nile in particular can encourage self-determination for the people of Upper Nile.

 The relational aspects of Upper Nile toward independence have grown through four years of oppression by confuse forceful relationship of the people of South Sudan. To end this suffering, this procedural outlined above, and the institutional aspects of rights and political participation by the people of Upper Nile is the only way to achieve the lasting peace in South Sudan. The people of Federal Democratic of Upper Nile people themselves have to push the perception of their own rights into the public political awareness by appealing to their own way of traditional way of living and the standards and international law. 

Finally, in order to succeed with an expansion of powers to achieve a country, a relational approach to self-determination is required because the solidification and empowerment of the people of great Upper through political participation that depends on greater traditional understandings and shared values.

 

Gatluke Chuol Reat 

Tel. +1-613-600-3841

Worker People's Party of Upper Nile (WPP/UN),

Upper Nile Army (UNA)

Holds BA in Philosophy at the University of Western Ontario, Canada.

Please note: this document is still under construction and some words or phrases are subject to changes