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UNISCI - Universidad Complutense de Madrid

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<strong>UNISCI</strong> 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. 18Besi<strong>de</strong>s this external thrust to <strong>de</strong>centralization, 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 <strong>de</strong>clared great commitment for the <strong>de</strong>volution of power to locallevels of government, in or<strong>de</strong>r 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 <strong>de</strong>centralized civil administrationwas directly linked with promoting peace and ensuring social and economic <strong>de</strong>velopmentthrough service <strong>de</strong>livery, <strong>de</strong>mocracy and human rights protection. This discourse was reaffirme<strong>de</strong>ven 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 <strong>de</strong>centralized nature was stated in the Power-sharing Protocolof the Comprehensive Peace Agreement. 19 Although the latter did not officially foreseesouthern in<strong>de</strong>pen<strong>de</strong>nce 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 ma<strong>de</strong> 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 <strong>de</strong>centralized 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 lea<strong>de</strong>r of the struggle was always committed to <strong>de</strong>centralization and localgovernment as the most empowering and <strong>de</strong>mocratic tool of self-rule, as evi<strong>de</strong>nced 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 in<strong>de</strong>pen<strong>de</strong>nce, but no major changes in local government structures areforeseen. On the other hand, there is perhaps a slight change in the political will of <strong>de</strong>volving power, as the newconstitution increases the powers of the national Presi<strong>de</strong>nt 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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