The Political Incivility and the Recognition of a South Sudan State from an International Prospectiv

By Daniel Abushery Daniel

“The French Republic no more needs recognition than the sun requires to be recognized,” Napoleon Bonaparte

May 21, 2010 (SSNA) — Surely, home’s really a sweet home. Indeed, after three decades long away from South Sudan, my first visit was both emotionally painful and politically motivated. To be living in a foreign country for as long as I had, was a great adventure. I had just about all that I wanted in life, make no mistake about that, but I was still feeling empty inside. I was truly missing something that was fundamental, precious, and unique. It certainly was the extended family members, childhood friends, relatives, you name it, but above all the city in which I was born, Nasir.

That emotional but exciting journey to the mother land took me to the capital Khartoum, Juba, al Renk and ended in al Nasir, my home town and the gallery of the Greater Upper Nile State, right at the bank of the great Sobat River.

Before my arrival, I had enough of all the bad news, only to find out that in the past five years since the signing of the Comprehensive Peace Agreement, also known as CPA, some amazing things have taken place, especially in the capital, Juba. The signs of development are seen in just about anywhere and everywhere I went, thanks to the government of South Sudan, under the leadership of one of the founding fathers of the SPLM, Lt. General Salva Kiir Mayardit and his Vice President, Dr. Riek Machar. 

By all means, South Sudan’s moving towards the right direction by fulfilling the requirements that are necessary to become an independent State. However, there remained so much work to be done in defining the best system of governance that fits with our culture and norms. To me, federalism is the answer.

On the one hand, we still have difficult days ahead, especially as the referendum nears. We all need to be watchful for those who are preying on our unity. Yes, money is a devil, and it can buy hearts and minds of some people, even in our own communities. But we must defeat them together. 

On the other hand, our focus must now be to convince the world community to see that we are indeed up to the task of becoming a nation. However, there are two theories to recognize a country: constitutive and declaratory theories. The constitutive theory may present difficulties sometimes, but most fashionable theory in the 21st century has been declaratory theory which is linked in the historical to the national law school and to the concept of the right of self – determination. According to this theory, a state exits prior to recognition and its act merely a formal acknowledgement or already established fact.

Most authorities agreed that before recognition can be granted, the community must possess certain essential characteristic of a state, these are generally regarded as being: a defined territory, effective government, and minimum population.

The capacity to enter into relations with other states usually deal with rubric of independence countries; to constitute the country; first of all, there must be people, but no minimum limit to size of a state population, a country must have territorial basis and thus to enjoy the territorial sovereignty, effective government is required, a political organization by which relations in the community are regulated and through which the rules are upheld. Also another characteristic is that; the capacity to enter into relation with others states referred to in the” Montevideo convention” means independence. State stability is not one of the requirements, but is necessary for the development of the state. It is not easy always to predict the stability of a new – born country with certainty.

In – conclusion, South Sudan has good relations with all its neighbors, a land bigger than Great Britain, has a population more than Togo, political organization (SPLM) a government with its all branches, and an national arms forces (SPLA). Therefore, South Sudan is a complete state by fulfilling the universal criteria without any doubt, and the freedom will rein in Rajaf Mountain, because of our commitment, dedication, and self reliance to build a nation. South Sudan is now an independent country, even before 2011 referendum announcement. Sometimes you need tomorrow to finish what you started today. South Sudan is an independence country.

The author can be reached at [email protected] or [email protected]

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