To Make Unity Attractive: A Framework for State- and Power-Structures and Electoral Systems in the Sudan's Post-Conflict Transition
Schuepp, Martin
2006
- Submitted in partial fulfillment of the degree Master of Arts in Law and Diplomacy at the Fletcher School of Law and Diplomacy. Abstract: To make unity attractive is the stated task for all political actors as the Sudan finds itself at a crossroads. More than a year after the signing of the so-called Comprehensive Peace Agreement (CPA), about three years ahead of the first post-conflict elections, ... read moreand with the crucial referendum over the independence of the South in 2011, making unity attractive is a last attempt to avoid the fragmentation of Africa's largest country. While the stated task requires action on many levels, this thesis addresses two macro-level issues that can potentially have a large impact on the attractiveness of unity: the state- and power structures in the future Sudan and, as part of this broad picture, the electoral system by which the representatives are to be elected. First, given that the past 50 years have brought the Sudan to the brink of disintegration, it is argued that the constitutional obligation for a comprehensive constitutional review should be used to radically rethink the state- and power structure in the Sudan, in order to build a new Sudan on fresh foundations. The framework presented in this thesis as an example of such a radical restructuring suggests the creation of large, clearly heterogeneous federal entities with an internal power balance between the communities that are on different sides of the deepest Sudanese divides. This is intended to reduce the interests in some of the most contentious issues at this point -- as for example the exact delineation of the border between the North and the South -- problems which continue to fuel tensions rather than making unity attractive. Such states, vested with significant autonomous powers, will also be well situated to counter the historical dominance of the center, which marginalized many communities and has rendered unity an unattractive option for them. Yet, the unwillingness to engage in such a discussion by leading Sudanese is discussed, and some proposals for more modest adaptations of the current system are proposed. Second, the 2009 Sudanese elections represent a major event in creating and assessing the attractiveness of unity. They therefore need careful preparation, which should include a thorough consideration of different electoral systems that could help to promote peace and unity. As a contribution to this discussion, this thesis suggests an adapted proportional electoral system for the legislative elections, which can provide an incentive for integrative behavior through the distribution of bonus seats to parties with a nationwide outreach. Unfortunately, the interim constitution has pre-determined that the new president shall be elected in a two-round majoritarian system, before an integrative discussion on this topic has been held. In light of this, the adoption of a strong code of conduct among the competing parties for the presidency could be used as a flexible tool to commit the candidates to run on a national platform and on an integrative message. Together, it is argued, the proportional and the majoritarian aspects with an integrative spin in the two elections could help to make unity attractive. Mindful that the decisions on these matters will finally have to be taken by the Sudanese politicians, and that the process of decision-making will crucially impact the legitimacy of the adopted solution, it is hoped that this academic contribution can help foster discussion on these topics in the Sudan.read less
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