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UNISCI Discussion Papers, Nº 33 (Octubre / October 2013) ISSN 1696-22061) Strengthening democracy, through an increased participation of minorities andvulnerable groups.2) Efficiency and transparency, thanks to the reduced distance betweengovernments and citizens that increases governments’ accountability and pushes themto be more effective.3) Economic development, through the local governments redistributive role andthe capacity of mobilizing local resources.4) Internal peace and stability, promoting local dialogue and control over publicprograms, and increasing state visibility and legitimacy at the local level.These governance, economic and security improvements are expected to come as aconsequence of well-designed institution-building or reform with a focus on technicalarrangements more than on political processes underlying local governments functioning.In the arena of conflict management and peace-building, decentralization can beconsidered a tool for addressing “latent conflict at national level” 13 through opening a broaderpolitical space for inclusion of groups previously excluded from the management of powerand granting greater autonomy to each group. Crawford and Hartman show that in a numberof African post-conflict settings, decentralization has indeed been chosen as a system ofgovernment. 14 However, Schlenberger’s contribution to their book also highlights the riskslinked with a particular design of decentralization policies of increasing conflict at the locallevel, reminding us that the actual impact of decentralization reforms is far from beingstraight-forward. 15South Sudan, as a newborn country that formally came out of the war less than 10 yearsago, is considered to be in dire need of all the four elements and therefore the internationalthrust towards a decentralized state-building is quite strong. UNDP, the World Bank, GIZ,USAID are implementing programs in partnership with local governments or aimed atstrengthening the decentralization process through reinforcing central coordinatinginstitutions. For example, the UNDP has a “Support to Decentralization Program” under itsDemocratic Governance Program, which is implemented in partnership with the LocalGovernment Board and aimed at increasing its planning and budgeting as well as coordinationcapacities. 16 An example of projects implemented directly in partnership with localgovernments is the World Bank Local Governance and Service Delivery Project, whichincludes grants delivery to Counties for Payam development 17 , and the Local Government13 Crawford, Gordon and Hartman, Christof (eds.) (2008): Decentralization in Africa: a Pathway out of Povertyand Conflict?, Amsterdam, Amsterdam University Press, p. 245.14 Ibid.15 Schelnberger, Anna Katharina: “Decentralization and Conflict in Kibaale, Uganda”, in Crawford, G. andHartman, C. (eds.) (2008): Decentralization in Africa: a Pathway out of Poverty and Conflict?, Amsterdam,Amsterdam University Press, pp. 169 – 190.16 Interview with UNDP Project Specialist of Democratic Governance Program. The project has a length of 2years and a total cost of 353.000$. For further information, see UNDP website:http://www.ss.undp.org/content/south_sudan/en/home/operations/projects/democratic_governance.html17 Interview with Under-Secretary General of the Local Government Board. The project has a length of 5 yearsand the Bank committed $98,50 million for its implementation. For further information, see the World Bankwebsite:http://www.worldbank.org/projects/P127079/local-governance-service-delivery-program?lang=en38
UNISCI Discussion Papers, Nº 33 (Octubre / October 2013) ISSN 1696-2206Fund created by USAID through the BRIDGE program for implementing small projectsrequested by Counties and community groups. 18Besides this external thrust to decentralization, there is also internal inclination towardssuch a form of governance, usually justified with the incredibly diverse socio-politicallandscape characterizing the country. Due to its particular history of internal ethnic divisions,the ruling party has always declared great commitment for the devolution of power to locallevels of government, in order to safeguard the right to self-rule of each and every communityin South Sudan. Even before the peace agreement was signed and the Government ofSouthern Sudan formed, in 2000 the SPLM released the document “Peace throughDevelopment in the Sudan” in which the relevance of the decentralized civil administrationwas directly linked with promoting peace and ensuring social and economic developmentthrough service delivery, democracy and human rights protection. This discourse was reaffirmedeven more strongly after 2005, and the way in which it is being applied into practicewill be looked at in the following pages.3. South Sudan Post-conflict Local Government3.1. The Current Legal Framework and its ImplementationThe current system of local government in South Sudan results from a process of formulationthat lasted some years, and its decentralized nature was stated in the Power-sharing Protocolof the Comprehensive Peace Agreement. 19 Although the latter did not officially foreseesouthern independence and was not specific on the local government structure, the InterimConstitution of Southern Sudan (ICSS) 20 instituted the current administrative units drawingfrom previous experiences of local government.In 2003, a team made of SPLM, UNDP and GIZ representatives started to work on theLocal Government Framework, which was completed in 2006. The Local GovernmentFramework (LGF) encloses SPLM commitment to a decentralized form of government, whichis believed to better fit with the country’s diversity and the people’s struggle for self-rule:“Throughout the struggle for liberation and self rule of the people of Southern Sudan, theSPLM/A as the leader of the struggle was always committed to decentralization and localgovernment as the most empowering and democratic tool of self-rule, as evidenced bytheir vision and mission. It also enshrined local government into the Interim Constitutionof Southern Sudan”. 2118 Interview with the Project Officer of Governance Sector in Bentiu, March 2013. See Winrock website:https://www.winrock.org/fact/facts.asp?CC=5998&bu= . Winrock is one of USAID implementing partners.19 The Comprehensive Peace Agreement - Protocol on Power-sharing, Part I, 1.5.1.120 The ICSS was in force between 2005 and 2011 and was replaced by the Transitional Constitution of theRepublic of South Sudan (TCRSS) after independence, but no major changes in local government structures areforeseen. On the other hand, there is perhaps a slight change in the political will of devolving power, as the newconstitution increases the powers of the national President at the expenses of States’ executive and legislativeorgans giving him the power to remove state governors and dissolve state legislative assemblies. TransitionalConstitution of the Republic of South Sudan, 2011, art. 101.21 Local Government Framework, 2006, 2.2.3, p. 30.39
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