Vision for Asymmetric Federalism in Sudan -Hatim Elmadani

Hatim Almadani

I propose a system of regional decentralization in Sudan similar to the model applied in the United Kingdom. Here’s how it would work:

Regional Parliaments: I support establishing regional parliaments for each historical area in Sudan, similar to the devolved parliaments in Scotland, Wales, and Northern Ireland.

Election Timing: I suggest that regional parliamentary elections precede national elections by two years. This could allow for a gradual political process and greater focus on regional issues.

Criminal Law Autonomy: I propose granting these regional parliaments the right to adapt their criminal laws according to local customs and traditions. This is a significant level of autonomy, more comprehensive than in most federal systems.

Universal Rights: Emphasizing the maintenance of a common basis of universal rights and citizenship rights across all regions, in coordination with the central government. This is crucial for maintaining national cohesion and protecting individual rights.

Collective State Presidency: I suggest that the elected heads of these regional parliaments collectively form Sudan’s state presidency. This is an innovative proposal that would create a unique power-sharing arrangement at the national level.

This proposal aligns with some aspects of the UK’s decentralization model but goes further in some respects, especially in criminal law autonomy. It’s a form of asymmetric federalism that could address Sudan’s diverse regional needs and cultural differences.

However, implementing such a system would face several challenges:

1. The need for a new constitution would be essential to establish this new governmental structure.
2. Balancing regional independence with national unity could be complex.
3. Ensuring fair distribution of resources between regions could be challenging.
4. The transition period could be complicated, especially in a country experiencing ongoing conflicts.

While this model could address some of Sudan’s governance challenges, its implementation would require careful planning, broad consensus, and likely a period of transition and adaptation.

Challenges Facing the Establishment of Regional Parliaments in Sudan

Several key challenges face the establishment of regional parliaments in Sudan:

1. Ongoing internal conflicts: Civil war and conflicts between various parties make it difficult to establish stable political institutions at the regional level.

2. External interventions: The presence of external parties with conflicting interests in Sudan may hinder the process of establishing independent regional parliaments.

3. Economic challenges: Poor economic conditions may make it difficult to effectively fund and manage regional parliaments.

4. Lack of political consensus: Ongoing conflicts between various political parties may hinder agreement on a mechanism for establishing and managing regional parliaments.

5. Security and stability challenges: Difficulty in ensuring the necessary security for the operation of regional parliaments given the deteriorating security situation in some areas.

6. Transitional justice issues: The need to address transitional justice issues may affect the formation and work of regional parliaments.

7. Fair distribution of resources: Ensuring fair distribution of resources between different regions may be challenging given existing economic disparities.

8. Ethnic and cultural diversity: Ensuring fair representation for all ethnic and cultural groups in regional parliaments may be challenging.

9. Capacity building: The need to build the capacities of political and administrative cadres to efficiently manage regional parliaments.

10. Coordination with the central government: Defining and organizing the relationship between regional parliaments and the central government may be complex.

To address these challenges, it will be necessary to develop a comprehensive and integrated plan that takes into account all these factors, focusing on building national consensus and promoting reconciliation between various parties.

How Regional Parliaments in Sudan Can Provide Peace and Stability

Regional parliaments in Sudan can contribute to providing peace and stability in several ways:

1. More accurate representation: Regional parliaments can provide a platform for more accurate representation of different tribes and ethnic groups in each region, helping to address local grievances more effectively.

2. Focus on regional issues: Regional parliaments can focus on issues specific to each area, such as resource distribution and local development, which may help alleviate tensions.

3. Promote dialogue and reconciliation: By providing a platform for dialogue between different parties at the local level, helping to build trust and promote reconciliation.

4. Develop local conflict resolution mechanisms: Regional parliaments can develop and enhance traditional and local mechanisms for conflict resolution and mediation.

5. Improve coordination with the central government: By acting as a bridge between local communities and the central government, helping to improve communication and implement policies more effectively.

6. Support reconstruction efforts: By contributing to the planning and implementation of reconstruction and development projects in conflict-affected areas.

7. Enhance accountability: By providing a mechanism for oversight of local authorities, helping to combat corruption and improve good governance.

8. Contribute to transitional justice: By helping to develop and implement transitional justice mechanisms at the local level.

9. Ensure fairer resource distribution: By ensuring a more equitable distribution of resources within the region, which may help alleviate tensions arising from economic inequality.

To achieve these goals, it will be necessary to ensure the independence of these parliaments and provide them with the necessary powers and resources, while maintaining effective coordination with the central government. It will also be important to ensure fair representation for all groups in these parliaments and build the capacities of their members to deal with the complex challenges facing Sudan.

How Regional Parliaments in Sudan Can Promote Cooperation Between Different Tribes

Regional parliaments can promote cooperation between different tribes through several mechanisms:

1. Provide a platform for dialogue: Regional parliaments can be a platform for direct dialogue between representatives of different tribes, allowing for peaceful and organized discussion of contentious issues.

2. Develop local conflict resolution mechanisms: Parliaments can adopt and enhance traditional and local mechanisms for conflict resolution and mediation between tribes, adapting them to fit the current reality.

3. Enact legislation to promote coexistence: Regional parliaments can enact laws and legislation that encourage peaceful coexistence and protect the rights of all tribes.

4. Fair resource management: Parliaments can establish mechanisms to ensure fair distribution of resources among different tribes, reducing conflicts over natural resources.

5. Fair representation: Ensure fair representation of all tribes in the regional parliament, enhancing the sense of participation and belonging.

6. Reconciliation programs: Organize and implement reconciliation programs between tribes with a history of conflicts.

7. Education and awareness: Support education and awareness programs that promote mutual understanding and respect between different cultures.

8. Joint committees: Form joint parliamentary committees including representatives from various tribes to work on specific issues.

9. Support local initiatives: Provide support for local initiatives that promote cooperation between tribes.

10. Economic cooperation: Encourage joint economic projects between different tribes to promote shared interests.

Through these mechanisms, regional parliaments can play a vital role in building bridges of communication and cooperation between different tribes, contributing to long-term peace and stability in Sudan.

Best International Practices That Can Be Applied by Regional Parliaments in Sudan

Given the general context of the situation in Sudan, several best international practices can be identified that could be applied by regional parliaments in Sudan:

1. Clear and impartial legal framework: Establish a clear and enforceable legal framework for electoral and political processes at the regional level, enhancing transparency and integrity.

2. Enhance public participation: Develop mechanisms to increase public participation in regional democratic processes.

3. Ensure judicial independence: Work to enhance the independence of the judiciary at the regional level to ensure the rule of law.

4. Promote transparency and accountability: Apply high standards of transparency and accountability in the work of regional parliaments to enhance public trust.

5. Protect human rights: Ensure respect for human rights in regional legislation and practices.

6. Conduct regular and fair elections: Ensure regular and fair regional elections that freely express the will of the people.

7. Coordinate with the central government: Develop effective mechanisms for coordination between regional parliaments and the central government.

8. Promote national reconciliation: Work to promote reconciliation between different groups and factions within the region.

9. Build institutional capacity: Develop the capacities of regional parliaments and their members to improve their performance.

10. International cooperation: Leverage international expertise and support in developing regional parliamentary practices.

Applying these practices can help enhance democracy and stability at the regional level in Sudan, while taking into account the country’s specific circumstances and unique challenges.

Citations:
[1] https://www.idea.int/sites/default/files/publications/dialogue-on-federalism-managing-diversity-and-the-practice-of-fiscal-federalism-in-sudan-en.pdf
[2] https://www.cmi.no/publications/6974-the-paradox-of-federalism-and-decentralisation-in-south-sudan
[3] https://www.unifr.ch/federalism/fr/assets/public/files/Working%20Paper%20online/21_Justin%20Laku.pdf
[4] https://www.idea.int/news/federalism-peaceful-transition-and-sustainable-democracy-sudan
[5] https://riftvalley.net/publication/federalism-history-south-sudanese-political-thought/
[6] https://constitutionnet.org/news/system-governance-reform-sudan-challenges-and-opportunities
[7] https://peacekeeping.un.org/en/debate-over-federalism-and-power-sharing-south-sudan-heats-unmiss-supported-workshop
[8] https://academic.oup.com/publius/article/54/1/6/7152467

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