8 Allow sufficient time for trans<strong>it</strong>ionThe SSDP calls for international donors to move away <strong>from</strong> „nongovernmentaid‟ and to channel <strong>the</strong>ir funds increasingly throughgovernment systems and inst<strong>it</strong>utions. In <strong>the</strong> long term, <strong>the</strong> governmentrequests donors to provide assistance through „general budget support,sector budget support and project support‟, and to provide „projectsupport that is directly managed by GoSS.‟ 65‘Phasing trans<strong>it</strong>ions <strong>from</strong>human<strong>it</strong>arian aid is … animportant part oftransforming inst<strong>it</strong>utions. Incountries where currentstresses overwhelm nationalinst<strong>it</strong>utional capac<strong>it</strong>y by alarge margin, nationalreformers often draw oninternational human<strong>it</strong>ariancapac<strong>it</strong>y to deliver earlyresults. … a difficult trade-offoccurs in deciding on <strong>the</strong>time needed to shift <strong>the</strong>sefunctions to nationalinst<strong>it</strong>utions. … For health,education, water andsan<strong>it</strong>ation, <strong>it</strong> means reducinginternational roles step bystep over time as <strong>the</strong>capac<strong>it</strong>y of national or localinst<strong>it</strong>utions increases…’World Bank, World DevelopmentReport 2011, 19.The government‟s desire to see development assistance channelledthrough government inst<strong>it</strong>utions is in line w<strong>it</strong>h good developmentpractice, as reflected in <strong>the</strong> Paris Declaration on Aid Effectiveness, <strong>the</strong>Accra Agenda for Action and <strong>the</strong> Fragile States Principles. In <strong>the</strong>context of South Sudan, however, <strong>it</strong> is essential that such a shift bebased on a realistic assessment of <strong>the</strong> government‟s capac<strong>it</strong>y tomanage aid funds in a manner that is transparent, accountable andmost importantly ensures uninterrupted service delivery to <strong>the</strong> people ofSouth Sudan.The GoSS has not as yet had full responsibil<strong>it</strong>y for <strong>the</strong> management ofany aid funds. The establishment of <strong>the</strong> World Bank-administered Multi-Donor Trust Fund (MDTF) was a shift in this direction – however evenin <strong>the</strong> case of <strong>the</strong> MDTF <strong>the</strong> procurement process has been onlypartially government-managed. And even w<strong>it</strong>h this arrangement, <strong>the</strong>inefficiencies of <strong>the</strong> fund – which failed to deliver timely assistance to<strong>the</strong> people of South Sudan – provide an indication of what can happenwhen trans<strong>it</strong>ion is rushed. 66 It‟s in everyone‟s interest to see <strong>the</strong> GoSSassume responsibil<strong>it</strong>y for <strong>the</strong> management of human<strong>it</strong>arian anddevelopment assistance, but <strong>it</strong> won‟t happen overnight.NGOs are currently responsible for <strong>the</strong> delivery of an estimated 80 percent of health services in South Sudan. 67 As acknowledged by <strong>the</strong>GoSS, „if support is w<strong>it</strong>hdrawn, <strong>the</strong>se services could collapse veryquickly‟ 68 – w<strong>it</strong>h disastrous implications for South Sudanese.Evaluations have shown that technical projects implemented byexperienced international agencies have been more effective thanthose driven by state building objectives or which „have to contend w<strong>it</strong>hdivided or inefficient national structures‟. 69 W<strong>it</strong>h this in mind, <strong>it</strong> isessential that human<strong>it</strong>arian and development assistance, channelledthrough and delivered by international aid agencies, be allowed tocontinue alongside efforts to build government inst<strong>it</strong>utions and capac<strong>it</strong>y– w<strong>it</strong>h a view to creating an environment whereby developmentassistance can be wholly delivered through national inst<strong>it</strong>utions andsystems in <strong>the</strong> years to come.In add<strong>it</strong>ion to support for government inst<strong>it</strong>utions, <strong>the</strong> continuation ofhuman<strong>it</strong>arian and development assistance by and through internationalaid agencies will require developing and implementing an appropriateregulatory framework aimed at facil<strong>it</strong>ating <strong>the</strong> work of NGOs. There iscurrently a lack of clar<strong>it</strong>y regarding <strong>the</strong> bureaucratic requirementsapplicable to NGOs operating in South Sudan – including issues suchas registration, taxes, work perm<strong>it</strong> and visa requirements for26
international staff and social insurance for national staff – and <strong>the</strong>re issome concern that <strong>the</strong> operating environment could become morerestrictive post-independence. Such a shift could jeopardise <strong>the</strong> cr<strong>it</strong>icalrole played by NGOs in <strong>the</strong> provision of human<strong>it</strong>arian and developmentassistance – and particularly <strong>the</strong> delivery of basic services – to <strong>the</strong>people of South Sudan.Recommendations• Direct significant financial and technical resources towards building<strong>the</strong> capac<strong>it</strong>y of government inst<strong>it</strong>utions, particularly <strong>the</strong> MoFEP, tomanage aid funds; as well as <strong>the</strong> capac<strong>it</strong>y of civil society to engagein <strong>the</strong> budget development process and to mon<strong>it</strong>or governmentspending.• Support <strong>the</strong> GoSS to establish benchmarks for determining whe<strong>the</strong>rnational systems and inst<strong>it</strong>utions provide satisfactory assurance thatgovernment-managed aid brings maximum possible benef<strong>it</strong> to <strong>the</strong>people of South Sudan. 70 Benchmarks should measure <strong>the</strong>government‟s capac<strong>it</strong>y to ensure transparent management of aidthrough an appropriate legislative framework, and to mon<strong>it</strong>or andreport on <strong>the</strong> use of funds. The passing of (and subsequentadherence to) <strong>the</strong> Public Financial Management Act, <strong>the</strong> ProcurementAct and <strong>the</strong> Aud<strong>it</strong> Act, and <strong>the</strong> roll-out of <strong>the</strong> Financial InformationManagement System across all states, provide examples of minimumbenchmarks upon which such a trans<strong>it</strong>ion could be based.• Ensure that funding mechanisms for <strong>the</strong> delivery of basic servicesare designed so as to facil<strong>it</strong>ate eventual trans<strong>it</strong>ion to governmentmanagement. External oversight must be retained, but governancearrangements should allow for a gradual increase in governmentinvolvement as benchmarks are met. The establishment ofappropriate safeguards to m<strong>it</strong>igate fiduciary risk (and at <strong>the</strong> sametime to streng<strong>the</strong>n public financial management systems) will be animportant component of any such trans<strong>it</strong>ion strategy. 71• Recognise that <strong>the</strong> design of new funding mechanisms will taketime. W<strong>it</strong>h current funds coming to an end and new mechanismsonly in early stages of discussion, donors must ensure anuninterrupted flow of funds for basic services. In this regard, <strong>the</strong>proposed extension of <strong>the</strong> Basic Services Fund (BSF) is welcome,however <strong>the</strong> details of <strong>the</strong> extension must rapidly be finalised so asto ensure appropriate continu<strong>it</strong>y of service delivery.• Support <strong>the</strong> GoSS to develop and implement an appropriateregulatory framework for NGOs operating in South Sudan – aimed atfacil<strong>it</strong>ating, not restricting, <strong>the</strong> provision of human<strong>it</strong>arian anddevelopment assistance. Such a framework should be informed byconsultation w<strong>it</strong>h NGOs, and should clarify in particular: whichgovernment ministry is <strong>the</strong> primary interlocutor for NGOs; NGOregistration requirements; immigration requirements for internationalstaff and employment requirements for national staff; and applicabletax exemptions.27