THE NEW FEDERAL SYSTEM IN THE SUDAN: SOME MAINASPECTS AND IMPLICATIONS FOR PLANNING1

J. P. de Campos Guimaraes*

Abstract: The paper describes the main aspects of the recently introduced 'federal' system in the Sudan and discusses some of its implications, particularly for development planning at the sub-national level. The scarcity of human and financial resources in the country, the maintenance of tight political control over the new state organs and the recent increase in the number of states do not augur well for the capacity of the new states to deal effectively with their own development problems. Recent trends in regional planning - towards identification of opportunities, mobilisation of resources and development promotion at the local and regional levels - add to the challenges that the newly created decentralised administration will face.

1. INTRODUCTION

With its 2.5 million square km, the Sudan is not only vast in size but also extremely diverse, in terms of ethnic composition, population density, culture, climate, landscape and distribution of natural resources, to mention only a few main aspects. Both the scale and the diversity of the country constitute strong arguments in favour of some form of decentralized administration, capable of formulating and implementing adequate responses to widely different sets of problems, needs and constraints in different parts of the country. In addition to this, a number of basic ethnic, cultural, religious and political divisions in the country, most notably - but not only - between the South and the North, have played an important role as the source not only of tensions and conflicts but also of requirements and constraints that no decentralization scheme could afford to ignore.

2. BACKGROUN DECENTRALIZATION IN THE SUDAN BEFORE FEDERALISM

A detailed examination of past administrative structures and of the conditions and motivations that led to their creation is beyond the scope of this paper. It seems, however, useful to indicate at least the broad outlines of the system that preceded, and formed the context for, the recent federal reforms.

3. THE RECENT FEDERAL REFORMS: A DESCRIPTION

3.1 Pre-1995 Reforms

In February 1991 the Command Council of the National Salvation Revolution issued the Fourth Constitutional Decree which introduced a new administrative structure for the country, designated by the decree itself as 'federal'. The territory of the Republic of the Sudan was divided into nine states and these were in turn sub-divided into provinces and local government areas. According to the Government, the new structure would lead to greater regional autonomy, a key issue in the civil war. Each State was to have its Governor, Deputy Governor and Council of Ministers, and to take responsibility for regional administration, supervision of local administration and the collection of a number of taxes. The Federal Government retained control over foreign policy, military affairs, security, the national economy and other main areas of administration.

3.2 The Latest Reforms

The most recent steps in the construction of the federal system followed the adoption, in 1995, of the Twelfth Constitutional Decree and the Local Government Act 1995. The Twelfth Constitutional Decree replaces the Fourth and Tenth Constitutional Decrees. It maintains the division of the country into 26 states, amends the distribution of powers between the federal and the state levels and apportions sources of revenue among the three main levels of administration, namely federal, state and local.

4. SOME IMPLICATIONS OF THE NEW SYSTEM FOR REGIONAL PLANNING

4.1 Some General Comments

The recent reforms aim at combining a substantial degree of administrative decentralization - to both the State and local levels - with the maintenance of tight political control over the State and local organs. This control is exercised by the President of the Republic and by the Government, either directly or indirectly through the hierarchy of village committees and local, provincial and State congresses.

4.2 The new Federalism and the New Regional Planning

Since 1975 the economy of the Sudan has been in a state of persistent decline. Per capita income is estimated to have fallen by 18 per cent between 1975/76 and 1988/89 and, despite a spurt of growth during 1991-92, the economy does not seem to have freed itself of the stagnation experienced in preceding years. Other indicators, including for example the widespread poverty and shortage of basic consumer goods, the very high rate of inflation or the deteriorating productive capital stock and basic infrastructure confirm this impression. Particularly important from the point of view of this evaluation is the fact that an estimated 10 per cent of the population in Northern Sudan (mainly in North Kordofan and North Darfur) suffers from chronic food insecurity, and on any one year close to another 38 per cent suffers from either transitory food insecurity or the threat of falling into that situation.

5. CONCLUSION

The problems and challenges that the new federal system poses to regional planning may be representative of the situation of other sectors of state administration as well, particularly those which require well-trained professionals active in the preparation of policies and plans with significant potential impact on the long-term state development. From the point of view of such sectors, the chances of success of the federal reform would have been enhanced if they had been preceded by a sustained effort of preparation, including significant investments in training staff, creating and improving facilities in the proposed new state capitals, strengthening the normative, supervisory and backstopping functions of central ministries, creating incentives for staff to move from the capital to peripheral areas of the country, etc.

NOTES

1. The term 'federal' is used by the government of the Sudan to describe the political and administrative structure which it has been putting into place since 1991. As will become clear in the course of this paper, that structure lacks some important characteristics of federalism as it is usually defined - indeed most people would probably question whether federalism is at all compatible with a one-party system. Since the present paper is primarily focused on administrative matters, such a discussion would be out of place here. The terms 'federal' and 'federalism' are used in this paper purely as a convenient shorthand designation, which does not imply any judgement as to their adequacy.

2. The Addis Abbaba agreement, signed in March 1972 between the Government and the Southern Anya Nya rebels, gave the three southern provinces a considerable measure of autonomy. The Southern Region was responsible for its own internal security and the regional executive controlled the Police, Fire Brigade, Prisons and Wildlife Protection. A regional assembly was established in Juba, and the Southern Region's chief executive was directly elected by the Assembly. The success of the experience with decentralization to the south was one of the main arguments adduced in favour of extending the regionalization to the northern part of the country.

3. In addition to directly elected members, local councils included representatives of functional organizations of the Sudan Socialist Union and a 'reasonable' representation of women. Provision was also made for 10 per cent of the council to be appointed on the basis of 'talent' (Norris, 1983: 217).

4. This measure had the opposition of many Southerners, afraid that this would weaken their collective position in relation to the north. The fact that it is widely considered to have played an important role in re-igniting the civil war in the South illustrates well the political pressures and constraints under which successive Sudanese governments have been forced to consider matters of decentralization and administrative reform.

5. The Act contains a list of activities prohibited to the regions, another of matters in respect of which regional bodies should not exercise any power except with the permission of the national government, and a third one enumerating the region's functions and competencies. It is interesting to transcribe the first and last of those lists here in order to facilitate their comparison with the equivalent lists in the latest Constitutional Decree setting up the federal system.

6. Of the elected members of the regional assemblies, over sixty per cent were directly elected in single member electoral constituencies (geographical constituencies). Other members were elected by "... special constituencies reserved to members of workers' trade unions, farmers, the women's association, the army etc. which are Sudan Socialist Union functional organizations. Voting in these special constituencies is reserved for their officially registered members." (Alassam, 1983: 116). It must also be pointed out that, as Al-Teraifi and Idris (1987: 61) say, "... the election process was completely under the direction and control of the Sudanese Socialist Union (the only legal party in the country). Under these circumstances we can hardly talk about free and democratic elections".

7. The Eleventh Constitutional Decree (Section 11 (1)) made all members of the State Government members of the State Council by inherence of functions; the Twelfth Constitutional Decree (Section 17) amended this rule to read 'the members of the State government, to the exclusion of the Governor (Wali), shall, by virtue of their offices, be members of the State Council'.

REFERENCES

Al-Teraifi, A. A. (ed.) (1987). Decentralization in Sudan. Khartoum: Khartoum University Press.

Al-Teraifi, A. A. and M. S. Idris (1987). Decentralization: Origins and Development. In Al-Teraifi (1987).

Al-Teraifi, A. A. (1994). Decentralization in the Sudan: Characteristics, Challenges and Opportunities. Paper presented to the Conference on Major Federal Experiences with special reference to the Sudan. Khartoum: Friedrich Ebert Foundation (mimeo).

Alassam, M. (1983). Regional Government in the Sudan. Public Administration and Development, 3: 111-120.

Federal Government Bureau (1995). The Constitutional Decrees Covering the Federal System in The Sudan. Khartoum: Government of the Sudan (mimeo).

Government of the Sudan (1995). Provisional Order: Local Government Act 1995. Khartoum: Government of the Sudan.

Government of the Sudan (1995). The Twelfth Constitutional Decree (Re Federal Relations & Amendment of the States Systems) 1995. Khartoum: Government of the Sudan (mimeo).

Moharir, V. and S. Kagwe (1987). Administrative Reforms and Development Planning in the Sudan (1956-1975). Khartoum: Development Studies and Research Centre, University of Khartoum.

Norris, W. (1983). Local Government and Decentralization in the Sudan. Public Administration and Development 3: 209-222.

Rondinelli, D. A. (1981). Administrative Decentralization and Economic Development: The Sudan's Experiment with Devolution. Journal of Modern African Studies. 19(4): 595-624.

ANNEX 1

Division of Functions Between the Federal and State Governments

(Twelfth Constitutional Decree 1995, Sections 6 to 8)

Section 6:

The federal organs shall have power to legislate, execute or generally to plan in relation to the following affairs:

Section 7:

The States organs shall have power subject to federal plans to legislate, execute or generally plan, within the limits of the State, in relation to the following affairs:

Section 8:

(1) The Federal and State organs shall have the following powers subject to federal provisions:

(2) There shall be established by federal Acts, National Councils to undertake the reallocation to the federation and States of lands, forests, means of transportation and animal wealth. (Government of Sudan, 1995)

ANNEX 2

Federal, State and Local Revenues

(Twelfth Constitutional Decree, Sections 13 to 15)

Section 13:

The federal revenues shall consist of the following:

Section 14:

The States revenues shall consist of the following:

Section 15:

The revenues of local councils shall consist of the following:

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