THE UNITED PEOPLE’S ALL
IANCE (UPA) REFLECTIONS AND PROPOSED SOLUTIONS TO THE ROOT CAUSES
The United People’s Alliance (UPA) believes that building a peaceful, democratic, inclusive and prosperous society requires addressing the root causes of the conflict in South Sudan. The following are proposed solutions:
GOVERNANCE AND LEADERSHIP1. The failure of governance in South Sudan cannot be disputed. The current governance system is repressive, completely alienating the citizens from public decision making that affects their lives. In this dysfunctional system, state institutions are weak and incapable of effectively delivering on their mandate.
The UPA proposes that all the stakeholders should agree to develop a unified vision and strategic direction to establish an effective governance system for the country that will be pursued and implemented by the leadership during the Transitional Period to unite and inspire the citizens to take the country out of the current crises.
The UPA proposes that the parties and stakeholders agree on the establishment of a federal system of government during the transitional period. The final type of federalism shall be decided by the people of South Sudan and enshrined in the permanent constitution.
The UPA proposes that the parties and stakeholders agree to adhere to and adopt the principle of separation of powers between the different branches of government, namely the legislature, executive, and judiciary which will also be enshrined in the permanent constitution. The bureaucracy shall be professional and based on merit.
1.2 Leadership is at all levels of governance, however the responsibility to make strategic decisions lies with the top leadership.
1.3 The political and military elites have failed the people of South Sudan since Independence. It is time to deliver a democratic people-centered system of governance, build strong institutions, make and adopt the permanent constitution, and prepare for the conduct of peaceful and credible elections.
1.4 The multiple extensions of R-TGONU are evidence of failure of the implementation of R-ARCSS trapping the country in a vicious cycle of failed transitions and continued violence.
The UPA proposes that the parties and stakeholders agree to lean, implementable programs leading to the holding of elections.
1.5 Since 2012, the NCRC has failed to produce a permanent constitution and the National Election Commission( NEC) has failed to conduct elections.
The UPA proposes the restructuring of the NCRC and NEC to deliver a permanent constitution and conduct elections at the end of the transitional period.
2. POWER STRUGGLE2.1 Focusing on power sharing as per the R-ARCSS, is not a solution to power struggle even though it attempted to ensure inclusivity. Unfortunately, it has led to the creation of a bloated, expensive, and dysfunctional government that has created political deadlock and failed to deliver sustainable peace and transition to democracy.
The UPA proposes that the solution to the bloated government is establishment of a lean government that can deliver its mandate.
On judicial reforms, the UPA proposes that the Parties and Stakeholders shall agree to adopt and implement JRC recommendations upon signature of the peace agreement.3. TRANSITIONAL SECURITY SECTOR REFORM
3.1 The parties to the R-ARCSS have been systematically obstructing the process of security sector reform. The unification of forces is undermined due to leadership failure, power struggle, lack of political will and mismanagement of resources earmarked for the implementation of security sector reforms. All these are done with the intention of retaining factional armies and affiliated militias to create advantage over “peace partners”.
Context of security sector reforms
The militarization of South Sudanese society and the politicised and tribalized security sector requires a multifaceted approach that involves strengthening governance and the rule of law, economic development, social cohesion, disarmament, security sector reform. By implementing these solutions, South Sudan can pave the way for lasting peace, stability, and prosperity for its people. This militarization of society and the politicization and tribalization of its security sector pose significant challenges to peace and stability in the country. These issues have deep roots in the country’s history of conflict, socio-political dynamics, and the legacy of civil war.
Addressing these challenges requires societal, political, and institutional reforms. This can be achieved through:
1.Encouraging communities to voluntarily surrender their weapons in exchange for incentives such as development projects and conducting forcible disarmament when necessary.
2.Enforcing strict gun control laws to regulate the possession and use of firearms.
3.Working with local leaders and organizations to raise awareness about the dangers of proliferation of firearms in the society and the benefits of disarmament.
4.Investing in infrastructure projects, agriculture, and industries that can create employment especially for the youth.
5.Enhancing educational opportunities and offering vocational training programs to equip individuals with skills for gainful employment and building social cohesion and trust among different communities to reduce
resorting to violence.
6. Facilitating inter-communal dialogue and reconciliation processes to address
conflict, historical grievances and build mutual trust in the society.
7. Promoting a culture of peace that fosters unity and a sense of shared identity.
Reforming the Security Sector
1.Establishing clear guidelines and codes of conduct that mandate political neutrality for security personnel, with strict penalties for violations.
2.Providing comprehensive training programs that focus on human rights, the rule of law, and ethical conduct for security personnel.
3.Strengthening institutions within the security sector to enhance transparency, accountability, and oversight.
4.Implementing recruitment policies that promote diversity and inclusion, ensuring representation of all ethnic groups in the security forces.
5.Encouraging inter-ethnic cooperation and joint training exercises to build trust and camaraderie among security personnel from different back- grounds.
6.Implementing democratic reforms that ensure the conduct of free, fair, credible and transparent elections to end political violence and the use of arms in political life.
7.Strengthening the judiciary to ensure independence, impartiality, and efficiency in the administration of justice.
8.Enhancing the capacity of law enforcement agencies to uphold the rule of law.
9.Promote good governance.
Immediate Security Sector Reform (SSR) Introduction
The Security Sector Reform (SSR) is a critical aspect of the country’s journey towards lasting peace and stability. Since gaining independence in 2011, South Sudan has faced numerous challenges, including civil wars, political instability, and economic crisis. To address these issues, it is essential to reform thesecurity sector to restore stability in South Sudan. Before delving into solutions, it is important to understand the challenges that faces the security sector in South Sudan:
1.The South Sudanese security forces are highly fragmented, with various factions and tribal militias operating independently. This lack of cohesion undermines the effectiveness of security institutions and fuels ongoing conflicts.
2.Political interference in the security sector is weakening its impartiality and professionalism. Security forces are often used to serve the interests of political elites rather than ensuring the protection of citizens and the territorial integrity of South Sudan.
3.The security sector suffers from lack of resources, including funding, equipment, and training. This hampers the ability of security personnel to perform their duties effectively.
4.Reports of human rights abuses by security forces, including extrajudicial killings, arbitrary arrests, and torture have eroded public trust in these institutions. Addressing these abuses is crucial for building confidence in the South Sudan security sector.
Proposed Immediate Solutions for Security Sector Reform
The primary objective of Security Sector Reform (SSR) is the immediate unification of the various armed factions into a single, cohesive national security force. This process should be inclusive in the establishment of national security institutions.
The establishment of a unified command structure will enhance effective coordination to address the aforementioned challenges. The UPA proposes the following solutions:
1.Immediate screening, unification, and organization of the Government and Opposition forces into the National Army Units before training and other transformative activities could take place.
2 Immediate screening, unification, and organization of the Government and Opposition security agencies and other organized forces into the national security institutions such as the National Police Service, National Prison Service, National Wildlife Service, National Civil Defence Service and
5 National Security Service before training and other transformative activities
could take place.
3.The name SSPDF shall be reserved for the Unified National Army. The
unified opposition and ITGONU forces shall be integrated into the
SSPDF.
4.A unified Command shall be formed at the levels of Battalions, Brigades,
Divisions, Area commands, Land forces HQ, Riverine forces HQ, Air forces HQ and National Army GHQ with the distribution of staff and command positions based on fair percentages for the officers of the government and opposition.
5.The unified leadership and staff positions for the heads of the security agencies and other organized forces shall be formed at the county, state and national levels.
6.The unification of the respective components of the Government and Opposition forces at all levels of command and departments shall be done according to the agreed percentages by the parties upholding the principle of inclusivity and diversity.
7.The unification committee shall be formed from all the parties according to the agreed percentages of their respective members to unify the forces.
8.The commanders-in-chief of the armed groups shall hand over their forces to the unified command and the single commander-in-chief, who is the President of the Republic of South Sudan to continue with the training and transformation of the unified security forces into the Professional National Security Forces.
9.The transformation of the Professional National Army is a long term process implemented by the unified command through training, professionalization, equipment and redeployment according to the national annual plans.
10.The inflation of ranks of officers and NCOs in the establishment of units shall be addressed, based on merit and qualifications at the end of the screening and organization of the security forces.
11.The excess officers who are not fit for duty in the Security Forces shall be retired and provided with retirement packages.
12.The defection from one armed group to another shall not be allowed upon the signing of the peace agreement and during the implementation of security sector reform.
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13.All the tribal militias shall be disbanded and disarmed as part of general disarmament of civilians.
14.Depoliticize the security sector by ensuring that appointments and promotions within the security forces are based on merit and professionalism rather than political affiliation.
15.The Ministries of Defence, Interior and National Security shall establish various National Colleges and academies to invest in professional training and capacity-building of security personnel.
16.Engaging the public in the Security Sector Reform process to build trust and ensure that security forces are responsive to the rights and needs of the citizens.
17.Ensuring adequate funding to implement the security sector reform process. The government shall seek support from the development partners.
18.The government shall implement Disarmament, Demobilization and Reintegration (DDR) programs in collaboration with development partners.
19.Ensuring fair treatment of all the security forces, including remuneration and logistical services during the unification process.
4. ECONOMIC AND RESOURCE MANAGEMENT
4.1. This is an undisputed fact. Over the past six (6) years the R-ARCSS has not been able to produce economic dividends in the form of basic services to the suffering people of South Sudan. Instead, the elites and associated business cartels have captured the state and consolidate their grip on power and resources to advance their interests. Thus, the citizens are left to endure dire, declining economic conditions, unemployment, hyperinflation, rampant corruption leading to non-payment of salaries.
The UPA proposes an immediate end of state capture by implementing and operationalizing a transparent resource and financial management system to protect public resources to be only allocated and disbursed strictly based on fiscal budget. This will address the crippling economic crisis, pay salaries, deliver social services, create employment and development
4.2 The promulgation of laws and establishments of dysfunctional structures do not necessarily entail adequate implementation of the R-ARCSS to ensure reforms of the state institutions.
Inlight of this, the UPA proposes that there is a need for all South Sudanese stakeholders, including the entire leadership of the country, to commit to combat the endemic corruption. It is important to evaluate the enforcement of these laws based on their material impact on the people in the form of services and regular payment of salaries.
4.3. This is an undisputed fact. However, the engagement with the international financial institution on its own has not been translated as a material solution to address financial management and fiscal discipline. Despite this collaboration with international financial institutions, South Sudanese still suffer from unpaid wages, unemployment due to rampant corrupt practices in the country.
The UPA proposes that evaluation and assessment of the implementation of any provision of the R-ARCSS be based on achievement of effective financial management and adherence to strict fiscal discipline.
4.4. Restating the provision of R-ARCSS does not suffice as a solution because transparency and accountability remains a challenge.
Thus, the UPA proposes strict implementation of economic and financial reforms ensuring transparency, accountability and strict fiscal discipline to spur economic growth and improve the lives of the people of South Sudan.
4.5. This is still echoing rhetoric and citing provisions of R-ARCSS intended to address economic and financial management issues. Instead, this demonstrates leadership failure, and lack of political will to implement the agreement in order to improve the living conditions of the citizens of South Sudan.
The UPA proposes the implementation of sound economic and financial management systems with the commitment of the top leadership of the country andthe necessary political will to ensure it delivers dividends to the people of South Sudan.
4.6. The issue of land has not been extensively addressed, it remains a major root cause of conflict in the country, it still persists, even six(6) years after the signing of the R-ARCSS. Today, communities are fighting across the country due to conflict over land. Tabling laws on land that are not implemented before the legislature does not constitute a solution to land conflict. The UPA therefore cites this as another unresolved key root cause of conflict.
The UPA proposes that all South Sudanese stakeholders agree on the parameters of land policy, reforms, management, and legislation and ensure full implementation. The resolution of current land disputes shall be addressed based on the borders of South Sudan as they stood on 01/01/1956.
The UPA further proposes that immediate traditional authority conferences shall be organized to curb the current land conflicts across South Sudan as the initial steps in resolving land disputes.
4.7. The issue of environmental degradation and pollution in South Sudan has not been addressed, especially in oil-producing states causing oil spills, toxic waste, gas flaring, deforestation, water resource depletion, soil and water contamination, biodiversity loss, air pollution, public health crises, and livelihood disruption. Addressing environmental degradation and pollution facing many challenges, including conflict legacy, economic dependence on oil, and weak regulations.
The UPA proposes solutions to environmental degradation in South Sudan’s oil-producing states, including strengthened regulations, technology investment in modern extraction techniques and spill response infrastructure, community engagement, international support, and ecosystem restoration. These solutions aim to address issues such as oil spills, toxic waste, deforestation, and climate change, while also addressing public health crises, livelihood disruption, and conflict dynamics.4.8. The leadership of South Sudan has failed to implement and establish a transparent, accountable system of resource management despite numerous agreements and enactment of many financial bills by the parliament.
The UPA proposes that all South Sudanese Stakeholders in the Tumaini Initiative to agree on a strategic departure from the current economic mismanagement crisis to establish a system of good governance and generate necessary political will and popular support to implement this agreement, which will usher in a transparent, accountable resource management system in order to strengthen financial oversight and integrity and to achieve fiscal discipline essential for economic growth, creation of wealth, and delivery of prosperity for our people.
The UPA further proposes the leadership commitment to empower and respect the independence of the National Revenue Authority (NRA), Anti-Corruption Commission, the Auditor General Chamber, respect the independence of the Bank of South Sudan (BOSS), implement fiscal federal system during the transitional period with strict adherence to implement approved budgets.
The UPA proposes the accession to all of these regional and international conventions and instruments should be followed with compliance to enhance domestic policies.
5. STRUCTURAL AND INSTITUTIONAL WEAKNESS
The UPA is of the view that reviewing the laws and enacting them through parliamentary process without implementing them has undermined the process of transition to democracy.
5.1 The report of the judicial committee which is shelved at the presidency does not provide judicial reforms in the country. The control of the judiciary by the executive or political elites remains.
5.2 Failure to address the root causes in South Sudan have led to the obstruction of the process of transitional justice, reconciliation and healing in the country.
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5.3 Failure of leaders to reconcile and demonstrate unified leadership in public has undermined and denied the much-needed spirit and commitment to the process of reconciliation and healing across South Sudan
5.4 Leaders obstruct the establishment of the hybrid court for South Sudan for fear of being held accountable for gross human rights violations and war crimes committed during the 2013 and 2016 conflicts.
5.5 Leaders who have not reconciled and continued to engage in power struggle have tended to use public resources to undermine the process by hiring lobby firms and paid OP-ed published in renowned international media outlets.
5.6 All of these steps that have been taken in the R-ARCSS with review of laws in security, anti corruption, and constitution making process have not resulted in the independence of the judiciary, effective fighting of corruption or the transparent and accountable management of public resources that would have led to the delivery of basic services to the people.
6. SOCIAL COHESION
6.1 The enactments of laws and the establishment of commissions, though necessary, do not in themselves restore social cohesion in South Sudan. This requires a visionary, reconciled and united leadership to spearhead the process of mending the torn social fabric and restore peaceful co-existence, social harmony and cohesion.
6.2 Gender balance and youth empowerment are not achieved by only enacting laws without practical implementation
6.3 Identifying programs of healing and reconciliation or dialogue without practical implementation does not address ethnic divisions and deep rooted hatred in the country.
6.4 Focusing on power sharing alone does not address power struggle, for example, since the R-TGONU was established, it has never addressed the crises in the country.
6.5 Not implemented, the nation is not reconciled, the wounds are not healed, and grievances are not addressed.
6.6 Discrimination, ethnic domination, appointments based on loyalty than merits is still the other of the day in the government of South Sudan.
6.7 The repatriation, resettlement and the rehabilitation of the IDPs and returnees have not been given priority or implemented. The Compensation and Reparation has never been carried out.
7. EXTERNAL AND GEOPOLITICAL INFLUENCE
7.1 The foreign policy of any nation is a reflection and an extension of its domestic policies mirrored externally. The duty of a sovereign state is to fulfill its obligations in both regional and international arenas. This is critical in maintaining credibility and respect. Treatment of the diaspora is another reflection of how a responsible government takes care of its citizens. Foreign interference in the internal affairs of a country is attracted by weak leadership and government not taking responsibility to protect its national interest and sovereign borders.
7.2 The foreign policy pursued by the regime has undermined South Sudan’s national interest, territorial integrity, and tarnished its image.
7.3 These conventional legal frameworks and normative documents have been terribly implemented resulting in the closure of foreign missions, humiliation of diplomats, and isolation of South Sudan.
7.4 The government has never been interested in securing regional and international support for the implementation of peace agreements or the facilitation of the voluntary, safe, and dignified return of internally displaced persons and refugees to their respective homes. Rather South Sudanese are now flocking to internally displaced persons and refugee camps. 7.5 This is a very important point, but the government is not appreciative of the efforts and support by friendly countries and organizations, including those requested by its leadership to mediate the conflict in South Sudan in order to achieve sustainable peace and reconciliation. Rather, the regime in Juba is aggressively accusing these very friendly countries and organizations of meddling in the internal affairs of South Sudan.
7.6 It’s evident that the consequences of leadership failure in South Sudan has greatly impacted the quality of life for all of our citizens in education, health, food security and infrastructure. As a result, there is no quality educational and health services as they are underfunded and the little provided is being funded by the NGOs and donors. According to our budget, South Sudan is spending less in education compared to other countries, leading elites to choose to educate their children abroad instead of providing leadership to build a quality and modern educational and health system for all.
7.7 The subsistence farming that was the backbone of food security and livelihood for the majority of the people of South Sudan has collapsed because of lack of leadership and failure to invest in agriculture and infrastructure and diversify the economy away from dependence on oil and foreign aid.