The proposal by South Sudan’s President Salva Kiir to create 28 new states in place of the 10 existing states requires practical as well as legal changes before it can become a reality. The government has already discussed internally some of these necessary steps, but there has been little public discussion of the matter.
Radio Tamazuj takes a look at some of the measures that would be needed:
Division of state assets: Committees in several states have already discussed how they would divide state government assets among the successor states, including vehicles, computers, etc.
Division of states debts/obligations: Related to the division of states assets, guidelines would be needed on how the successor states would handle financial obligations of the previous state government, for example, unpaid salaries or dues to government contractors.
Division of state civil service: Positions for civil servants such as teachers, ministries’ staff and state health workers would need to be reapportioned among the successor states. This is a matter that has already been discussed by state governments but the process itself has not started. Not only would this entail administrative actions such as division of payroll lists, but it would also directly impact the lives and families of many civil servants who may need move from an existing state capital to a new state capital, for example.
Determining state boundaries: Kiir’s proposal was presented with only a rough map of the new state boundaries, based on an earlier proposal by the Dinka Council of Elders. More detailed maps and grassroots sensitization about the new administrative boundaries would be needed. Kiir’s proposal addresses the likelihood of boundary disputes by creating a State Border Dispute Resolution Committee, which is not yet formed.
Changing the system of block transfers: Each of South Sudan’s states receives from national oil revenues regular ‘block transfers’ to fund its state budget. These transfers are based on state population. The transfers would need to be reconfigured by the National Finance Ministry to account for changes in state sizes.
State-level budgets and reports: South Sudan would need to establish and staff 18 new state-level finance ministries. Additionally, each state would need to create its own budgets and financial reports.
Creating new state bank accounts: Each of the successor states would need its own bank accounts at commercial or national banks. Considerations would have to be made for how to manage state finances in areas that do not have any functioning banks.
Creation of state constitutions: According to Article 3.5 of President Salva Kiir’s Establishment Order, each new appointed state parliament would need to create its own state constitution.
Appointment of MPs: Article 5 of the proposed Constitutional Amendment No. 2, 2015 gives the president the power to appoint the members of state assemblies. Kiir envisioned appointing not more than 21 MPs per state, according to the Establishment Order, which means he will need to issue decrees appointing up to 588 MPs.
Appointment of new governors: Article 6 of the proposed Constitutional Amendment No. 2, 2015 gives the president the power to appoint state governors “after consultation with the citizens of the concerned state.” This would mean appointment of 28 governors if Kiir’s 28-states proposal is to take effect.
Setting up new state legislatures and governors’ offices: Offices are needed for 18 new state governments. Jubek State with its capital at Juba would be able to use existing Central Equatoria government buildings, for example, but there is no infrastructure for the proposed Terekeka State government. Successor states would need to appropriate existing county-government infrastructure or to build new buildings.
New taxes: South Sudan would move from a system of 10 state-level tax collection systems to 28 systems. Article 177 of the Transitional Constitution gives state governments the power to collect taxes on land, property and personal income. Each new state would need to establish rules or laws and appoint personnel for the collection of taxes.
2% oil revenues for oil-producing states: Oil-producing states are entitled to 2% of national oil revenues, according to the Transitional Constitution. This 2% would need to be reallocated among successor states of the oil-producing states. For example, Ruweng and Southern and Northern Liech states would divide the 2% earnings of the Unity State oilfields. But other successor states would potentially no longer be entitled to oil earnings. For example, all the oil wells in Upper Nile State fall within the boundaries of the proposed Eastern Nile State; Western Nile and Latjoor states would be cut out of the 2% earnings.
State liaison offices in Juba: Each of the ten existing state governments has a liaison office in the national capital Juba. In order to implement the 28-states plan, these offices would either need to be shared or up to 18 new liaison offices would need to be established.
Restructuring of national security services: The National Police Service and National Security Service have state-level branch offices and command structures based on the existing division of states. Decisions would need to be made about whether to redeploy personnel and adapt command hierarchies to the new administrative boundaries or to keep existing structures.
Overcoming legal and political challenges: Some members of Kiir’s own party have claimed that the constitutional amendments bill proposed by Kiir failed to secure the required 2/3 majority during a controversial vote on 19 November. Prior to this vote, Kiir’s initial attempt to create the 28 states by decree was challenged in court by a coalition of opposition parties. Other opponents of the plan have claimed that it contradicts the peace agreement. Political and legal challenges to the 28-states plan could hinder implementation if not addressed.
Follow-up legislation or decrees: Article 1 of the proposed Constitutional Amendment No. 2, 2015 would give the president the power to divide the country into new states “in accordance with the procedures prescribed by law.” Article 6 of the same bill refers to “the law that may create new states.” This implies that additional legislation would be needed in order to create the 28 states.
File photo: A map of the 28 states proposed by Salva Kiir
Related:
Full list of Kiir’s proposed new 28 states in South Sudan
Map analysis: Ethnic balance to change if Kiir’s 28 states approved
Has South Sudan’s constitution been changed or not? (Podcast in Arabic)