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S

OUTH

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UDAN

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Jordy Janssen

MSc Thesis Political Science: International Organization,

Leiden University

First reader: Dr. Y. Kleistra

Second reader: Prof. Dr. F. De Zwart Student number: s1268821

Word count: 9997 12 January 2017

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Introduction

On 16 December 2013, the South-Sudanese president Salva Kiir announced that soldiers aligned with former vice president Riek Machar attempted a coup (BBC, 2013), accusations that Machar denied two days later. A few months earlier, he was dismissed, together with the rest of the cabinet, after stating that he wanted to challenge Kiir in the 2015 elections. Machar argued that Kiir tried to remove his political opponents by accusing them of staging coups and that he wanted to turn the country into a dictatorship (Blas, 2013a; 2013b; Al Jazeera, 2013). Three years later, the consequences of this power struggle became apparent. The country experienced a civil war between the ethnic communities Kiir and Machar belong to: Kiir has the support of the Dinka and Machar of the Nuer. Both tribes began killing civilians from the other tribe, which caused tens of thousands of deaths and almost 900.000 refugees (Economist, 2014; UNHCR, 2016; Al Jazeera, 2016).

In 2005, the situation in the country was different. After a civil war between northern and southern Sudan, a peace agreement was signed, and it was agreed that South Sudan could vote on its independence in 2011 (Kebbede, 1997; Medani, 2011). In 2010, South Sudanese citizens were allowed to vote in elections for the first time in their lives. This led to much enthusiasm among the citizens. In contrast to northern Sudan, UN diplomats believed that the South could organize free and fair elections (Lindijer, 2010a). The 2011 referendum result showed unity because 98,8 percent of the population voted in favor of independence (Christopher, 2011: 129). This peaceful referendum was conducted in accordance with the standards for democratic elections and the outcome appeared to be the true will of the people (Carter Center, 2016). Together with the statement from the South Sudanese government that it intended to democratize (Kiir Mayardit, 2011; Lindijer, 2010b), this gave the region a positive outlook. However, instead of becoming a functioning minimal democracy that brought political stability, South Sudan turned into a failed state (Loewenstein, 2015). The power struggle between the excessively powerful president and his former vice-president resulted in a civil war along ethnic lines. Hence, this thesis answers the following question: Why did South Sudan fail to build a politically stable democracy after its independence?

Literature Review

In the academic literature, different theories of democratization can be found. Some scholars explain democratization using factors such as a shared national identity (Rustow, 1970), or the presence of a ‘modern state’ (Rose & Shin, 2001). Some others use modernization theory, stating that economic development leads to democracy by causing social and cultural changes

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(Lipset, 1959; Inglehart, 1997; Inglehart & Welzel, 2009; 2010). Democratization is one of the most effective ways to keep domestic peace and to build stable political institutions, which reduce the likelihood of civil war (Hegre et al, 2001: 44; Halperin, Siegle & Weinstein, 2010: 93).

These are all relevant ideas about what matters in democratization processes, and probably all influence the creation of political stability. However, other scholars have shown that those factors are not necessary conditions for building politically stable democracies. Lijphart (1977) and Horowitz (1985) argue that it is possible to build consociational or centripetal democracies in ethnically divided states that do not have a strong shared national identity, a well-developed economy, or modern states. Examples of these states are Lebanon (1943-1975), Malaysia (1955-1969), and Nigeria (1979-1983). The theories of Lijphart and Horowitz dominate the debate on how to build a politically stable democratic state in countries that are ethnically divided. Lijphart argues that consociational systems need to be set up. This means a grand coalition, in which leaders of all important groups are represented; a mutual veto, to allow protection of minority rights; proportionality in elections and the allocation of public office; and segmental autonomy, which makes groups capable of dealing with their own internal affairs (Lijphart, 1977: 25). This consociational model is criticized by Horowitz. He argues that if ethnic parties in consociational system decide to compromise with other groups, they can easily be replaced by more extreme parties that argue that the compromising politicians sell out the interests of their groups. Hence, consociationalism can lead to extremism (Horowitz, 2000: 258). Instead, Horowitz argues that a system should be set up that enables moderates to come to power and build interethnic coalitions because of incentives given by the electoral system and federalism (Horowitz, 1985; 1991; 2000; 2008). This thesis will assess which of these theories can better explain the influence of the political system on political instability by applying it to South Sudan.

Theoretical Framework

The theoretical framework used, is based on two main prescriptive theories on how to build democracies that lead to political stability in deeply divided states: consociationalism and centripetalism. Political stability here refers to “system maintenance, civil order, legitimacy, and effectiveness” (Lijphart, 1977: 4). It is also necessary to note that while both scholars discuss the concept of democracy, this does not require perfect liberal democracies. Lijphart specified that he is not discussing “a system of government that fully embodies all democratic ideals” (Lijphart, 1977: 4). This theoretical framework consists of three sections. First, the

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ideas of Lijphart will be discussed. Second, the centripetal model of Horowitz will be covered. Third, both theories will be put in contrast and scrutinized critically.

Consociationalism

Consociationalism is the political system recommended by Lijphart to deeply divided societies. The idea of a consociational system is that diverging factors within a plural society are counterbalanced by the willingness of the political elites of the different groups within that society to cooperate. The cooperation between the different political elites is the most important condition for a system to be considered consociational (Lijphart, 1977: 1). A consociational democracy is based on four core characteristics: grand coalition, mutual veto, proportionality, and segmental autonomy.

First, a grand coalition means that leaders of different important groups within society work together to rule the state. This avoids minorities being constantly kept out of the government (Lijphart, 1977: 25-26, 30). Consociationalism does not require a specific government set up as long as all major groups are represented. However, Lijphart does state that parliamentary systems are more suitable for grand coalitions than presidential ones, because, in presidential systems, often one leader forms the executive and dominates over his ministers who merely serve as advisers, and in parliamentary systems there is a cabinet in which ministers form the executive together and are relatively equal in power (Lijphart, 1977: 33; 2008: 80-81). Nevertheless, Lijphart does not exclude a presidency and there are examples of consociational systems in which this is applied. Bosnia, with its three-member presidency and Switzerland, in which the presidency rotates between the members of the Federal Council, are such examples (Belloni, 2004: 345; Lijphart, 1977: 34).

Second, a mutual veto should be implemented in a consociational system, which safeguards vital minority interests. Grand coalitions ensure that minorities are represented in the government, but whilst a majority of the cabinet would be able to make decisions, the interests of minority groups would still not be respected. Hence, to protect the vital interests of minorities, a mutual veto is required (Lijphart, 1977: 36-37).

Third, proportionality is essential to build a democracy in deeply divided countries in two ways: firstly, the electoral system needs to be based on proportional representation, which helps with the representation of minorities; secondly, public office appointments and government subsidies need to be proportionally divided among different groups (Lijphart, 1977: 25, 38-40; 2008: 8). The idea of proportionality also refines the concept of a grand

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coalition, because it adds that the positions in the grand coalition needs to be divided proportionally (Lijphart, 1977: 38-39).

Fourth, segmental autonomy is requisite. This means, in policy areas that are relevant to all segments, decisions are reached together with every group having proportional influence, but where policies matter to only one segment, decisions should only be made by the leaders of this segment. Consociational democracy encourages division of society in clear segments that have their own organizations (Lijphart, 1977: 41-42). Additionally, when groups are living separately in their own regions, federalism is useful in carrying out the concept of segmental autonomy, because the different groups in society could govern their own segments through a government at the state level (Lijphart, 1977: 42-43).

Centripetalism

A contrasting model to build a functioning democracy in an ethnically divided state is Horowitz’ centripetalism. This is a decentralized presidential political system in which electoral and territorial incentives are created for moderates to come into power, make compromises on issues that divide ethnic groups, build interethnic coalitions, and create a government where an interethnic majority rules (Horowitz, 1985; 1991; 2014: 5).

Horowitz (2000: 259; 1985: 378-379) agrees with Lijphart that a government should be multiethnic, but instead of a grand coalition, a majority government should be formed consisting of moderate centrist politicians from different ethnicities: an interethnic coalition. When a society is deeply divided, compromises and accommodation are required to have a stable political system. There is a higher chance that moderates accomplish this than extremists (Horowitz, 2008: 1216). Horowitz argues that the idea of an interethnic coalition differs from consociationalism in that it does not need ethnic leaders to act on the basis of “conciliatory feelings that do not exist”, but they would merely act out of self-interest. This self-interest stems from electoral and territorial incentives (Horowitz, 2000: 259).

The first incentive is the adopted electoral system. In a centripetal democracy, ethnic parties are rewarded for attracting voters outside their own ethnic group. This happens most often because of coalitions with other ethnic parties (Horowitz, 2008: 1217; 2000: 260). The assumed mechanism is that to attract these voters and form interethnic coalitions, ethnic parties must show moderation and readiness to make compromises on ethnic issues (Horowitz, 2008: 1217). An alternative vote system is most ideal according to Horowitz. This is a majority system: a candidate in a constituency needs to win a majority, but the “winner-take-all aspects” of a plurality system are alleviated because voters need to rank their

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preferences for candidates (Horowitz, 1991: 166). This system rewards politicians and parties that try to win second and third preferences of voters, which encourages moderation. To make this system work, constituencies have to be heterogeneous. If this is not the case, vote-pooling will not work (Horowitz, 1991: 189, 195). These ideas demonstrate a main difference between consociational and centripetal democracies: consociationalists form post-electoral grand coalitions, while centripetalists build pre-electoral moderate centrist interethnic coalitions (Horowitz, 2014: 5-6).

The second incentive is federalism. Horowitz states, in contrast to Lijphart, that heterogeneous states can function well in a federal system. They can cause political socialization because different ethnic groups have to cooperate at the state level and learn about each other before working on more complicated national issues (Horowitz, 2007: 960). Homogeneous states can also be useful when they lead to subethnic differences, and stimulate political competition within an ethnic group (Horowitz, 2008: 1218). Additionally, decentralization makes it less important to be part of the national government. This is the case because parties that cannot secure power at the national level, can still influence decision making at the state level. Hence, politics becomes less of a zero-sum game (Horowitz, 1991: 221-222). Decentralization allows states to realize that they have disagreements or common interests irrespective of their ethnicity. Thus, interethnic cooperation can be practiced at a lower level (Horowitz, 1991: 222).

Another element of centripetal democracy is a presidential system, which can bring political stability in two ways. Firstly, a president can increase the likelihood of power sharing, because it is impossible for one ethnic group to dominate the whole country permanently by winning a majority in parliament. Secondly, the office of president provides another platform for conciliation (Horowitz, 1991: 205). These two features of a presidency can be performed best when the presidential electoral system is built on vote pooling (Horowitz, 1991: 205). This can be done by setting up an alternative vote system, or a system in which a presidential candidate does not only have to win the most votes, but these votes have to be geographically distributed. Such systems make it more likely that the president will be a moderate panethnic figure, and, hence, helps with reducing ethnic tensions (Horowitz, 1991: 206).

Two Theories Compared

It is apparent that both theories prescribe opposing models. Lijphart prefers a parliamentary system, while Horowitz supports a presidential one; Lijphart thinks that a proportional

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electoral system is the most suitable, while Horowitz favors a preferential one. They also have different ideas about federal systems, as Lijphart prescribes homogeneous states that cause segmental autonomy, and Horowitz wants heterogeneous states that lead to integration and moderation (McCulloch, 2009: 59; Caspersen, 2004: 571). Both authors doubt the effectiveness of each other’s model. Lijphart’s model is founded on the good intentions of elites to work together despite the cleavages in society, because they understand the drawbacks of the otherwise (Lijphart, 1977: 100; Caspersen, 2004: 571). Horowitz finds this unrealistic and argues that leaders act out of self-interest, which is why they need incentives to cooperate (Horowitz, 2000: 259). Lijphart, on the other hand, criticizes Horowitz’ model for failing to protect minority rights and argues that it is unlikely that these groups will accept being represented by moderates of other groups (Lijphart, 2002: 48-49). Another important divergence is that Lijphart’s model is built on experiences of western countries such as the Netherlands and after that applied and recommended to non-western countries (Lijphart, 1977). Horowitz, on the other hand, constructed his model on the experiences of non-western states such as Nigeria and Sri Lanka (Horowitz, 1985).

In practice, consociationalism has the most examples of application. An analysis of consociationalism in Rwanda, Burundi, and the DRC by Lemarchand (2006) shows that Burundi, in which consociationalism was well-applied, created political stability, while Rwanda and the DRC, which poorly implemented consociationalism, failed to create this. This provides some support for consociationalism, because a full implementation encourages stability. However, Lemarchand’s (2006: 19-20) analysis also shows that the success of consociationalism depends on the “socio-political context,” which consists of the identities of the different parties involved, the geopolitical context, and political state of affairs in a country. Another example is Bosnia. Caspersen (2004) shows that Bosnia implemented both consociational and centripetal elements and that due to the deep divisions in society, consociationalism has contributed more to creating stability. However, the centripetal institutions were functioning more effectively (Caspersen, 2004: 585). Examples of centripetalism are Fiji and Papua New Guinea. The case of Fiji does not support centripetalism – it had an alternative vote electoral system but this caused extremism instead of moderation (McCulloch, 2009: 89; Fraenkel & Grofman, 2006: 623). In Papua New Guinea, however, the alternative vote system caused the accommodative political behavior that Horowitz predicted (Reilly, 1997: 9). All in all, it can be stated that consociationalism has been applied in more cases than centripetalism, and that the results of both systems in achieving political stability are mixed.

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Research Method and Data Method and Case Selection

Strategies of state-building in Africa have been widely reported. Lijphart and Horowitz developed two well-established prescriptive models of how to build a democracy in divided states. They also specifically argue that their models are the best way to create politically stable states in ethnically divided societies in Africa (Lijphart, 1977: 164; Horowitz, 1991). Although such clear models exist, Africa is the continent in which failure seems more common than success. By looking at the world’s newest state, South Sudan, in which there was a strong desire to become a democratic peaceful state after getting rid of the repression and violence that was experienced before (Kiir Mayardit, 2011), this thesis hopes to add to the existing knowledge on why state-building often fails in Africa, and to what extent the theories of Lijphart and Horowitz can help explaining this.

In this thesis, a case study on the influence of the political system on the political instability in South Sudan, will be conducted. To achieve this, first, the political system that was set up in the transitional constitution of South Sudan will be analyzed. Second, this thesis will cover the functioning of the South Sudanese political system between independence on 9 July 2011 and the end of December 2013, the moment when the civil war started. Thirdly, the theoretical ideas of Lijphart and Horowitz will be compared in their explanatory power. The research method applied in this thesis is, thus, the comparative test of two theories.

Problems with the validity of the findings of a single-case study are recognized. Generalization of findings is difficult (Toshkov, 2016: 304). However, generalization is not the goal of this thesis. By explaining why the political system in South Sudan failed to maintain political stability, two well-established theories are tested, and the acquired knowledge will provide insights into the functioning of elements of both theories (Toshkov, 2016: 305). South Sudan forms a suitable case to apply to this debate. It has a deeply divided society and, on first sight, elements of both theories were implemented in its political system. For instance, a presidential system was set up, its first government consisted of members of different ethnic groups, and a decentralized system was built. From the perspective of both theories this creates expectations for political stability, which was not achieved. Hence, the case of South Sudan can provide insights into the applicability of both theories (Toshkov, 2016: 285).

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Data are gathered from different sources. Primary sources include the South Sudanese transitional constitution. Other sources refer to academic literature, reports of NGOs, and news articles from Dutch and international media, as well as local sources such as the Sudan Tribune – a nonprofit website that provides news from Sudan and South Sudan – and the South Sudan News Agency. The sources used are from or related to the period from independence on 9 July 2011 until the end of December 2013, when civil war broke out.

Analysis

In this section the political system of South Sudan will be analyzed. Firstly, a short introduction will be given on the 2011 transitional constitution and subsequently this will be critically discussed from both a consociational and centripetal perspective. Secondly, the same will be done for the political system in practice.

The 2011 Transitional Constitution

On 9 July 2011, South Sudan became an independent country and a transitional constitution entered into force. This was an amendment of the 2005 Interim Constitution, and it was drafted by a commission, consisting of members of the SPLM, the opposition, and representatives of civil society, within half a year (Auer et al, 2011: 24). There is no public record of the discussion within this commission, rendering the decision-making process opaque. The only public knowledge was that the president has changed its composition, and that it operated under a tight timeframe, because the constitution had to be finished before independence on 9 July (Auer et al, 2011: 24-25).

The transitional constitution was put in place until a new permanent constitution was adopted, however, despite guidelines were provided for the Commission that had to design it, there was no plan of when that would happen (Auer et al, 2011: 27; GOSS, 2011: 76). The transitional constitution contained general information about the constitution and the state; an extensive bill of rights; chapters on fundamental objectives and guiding principles; and set up the political system (GOSS, 2011; Auer et al, 2011: 23). Nevertheless, it contained several gaps and problems. For instance, the electoral system of the country was not decided yet; there was no term limit for the president; the president had powers to intervene in the judiciary and legislative power, and there was an unclear role for independent commissions (Auer et al, 2011: 31-34).

South Sudan adopted a presidential system with a dominant role for the president in the executive (Encyclopaedia Britannica, 2016; GOSS, 2011: 32). The legislative power,

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following a bicameral system, composed of the National Legislative Assembly as the lower house, and the Council of States as the upper house (Encyclopaedia Britannica, 2016). In the transitional constitution that was adopted in 2011, it was stated that “South Sudan is governed on the basis of a decentralized democratic government” (GOSS, 2011: 2). Therefore, local government should play a significant role in the political system.

The Transitional Constitution from a Consociational Perspective

The 2011 transitional constitution of South Sudan entrenches several consociational elements. The most critical element of consociationalism, the grand coalition (Lijphart, 1977: 25), is recognized by stating that: “the composition of governments shall take into account ethnic, regional and social diversity in order to promote national unity and command national loyalty” (GOSS, 2011: 11). Another constitutional provision – “ministers of the National Government shall be selected with due regard to the need for inclusiveness based on integrity, competence, ethnic and regional diversity and gender” – also demonstrates this (Goss, 2011: 38). Hence, it can be said that the South Sudanese constitutional idea of a government comes close to a grand coalition.

The South Sudanese system contains elements of proportionality, but they differ from Lijphart’s ideas. The exact electoral system is yet to be designed by a special commission. A degree of proportional representation in this commission was adopted on paper: “the Commission shall be established with due regard for gender, political, social and regional diversity of South Sudan …” (GOSS, 2011: 76). Additionally, government, civil service and National Security Service jobs were supposed to be divided among different groups in society as the transitional constitution mentions: “Civil Service shall be broadly representative of the people of South Sudan …” and: “in its composition, the National Security Service shall reflect the diversity of the people of South Sudan” (GOSS, 2011: 47, 56). Although these elements do not specifically mention proportionality, they show the intention that appointments are diverse and representative of all people. There is however no mention about how the civil service will be appointed in a way that is broadly representative of the population and no mechanism has been set up to create a proportional allocation of public funds.

Segmental autonomy is, to a limited degree, present in the transitional constitution. It splits the country up into 10 states (GOSS, 2011: 57). Most of these states are heterogeneous. However, one state is almost solely inhabited by Dinka and the three southern states are mostly inhabited by people from Equatorian tribes, which is a group of tribes among which

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regionalism is a uniting factor (OCHA, 2009; Wël, 2015; Paul, 2012). Segmental autonomy is more present at a local level. The transitional constitution delegates many functions to the local level, recognizes traditional authorities, and states that self-governance has to be promoted (GOSS, 2011: 60). The local county level matches to a reasonable degree with the distribution of ethnic groups. There are several heterogeneous counties, but in many places, ethnic groups have a county to themselves (OCHA, 2009). Hence, at the state level, the model diverts from what Lijphart prescribes, but at a local level a limited amount of segmental autonomy is provided by the constitution.

The problems with the transitional constitution according to consociationalism are in twofold. Firstly, there is no mutual veto. This is problematic concerning the protection of the vital interests of minority groups (Lijphart, 1977: 36). Secondly, the most important problem in the South Sudanese political system is the role of the president. The presidency that was set up in South Sudan does precisely what Lijphart (1977: 33; 2008: 80-81) opposes: it makes the president dominant, and as a consequence, one group can dominate. The president has the right to appoint and remove the vice president and all ministers (GOSS, 2011: 35, 38). Therefore, he can remove members of other ethnic groups from the government. Additionally, the president has much more power than the other members of the executive (GOSS, 2011: 33-34, 37), and possesses powers that are in contrast to the separation of powers, as the president can determine the agenda of the legislature and appoint all judges in the judiciary (Auer et al, 2011: 32).

The Transitional Constitution from a Centripetal Perspective

Horowitz prescribes a preferential electoral system, an interethnic coalition, a panethnic president, and decentralized governance (Horowitz, 1991). Preferential voting or territorial incentives are needed to create moderation (Horowitz, 1991: 202-203, 206). These are not incorporated into the constitution. The transitional constitution lacks an electoral system, which is already problematic. But if the 2010 electoral system, would be adopted, a combination of a first-past-the-post system and proportional representation would be used for parliamentary elections and a simple majority one for presidential elections (Carter Center, 2010: 17). These systems do not encourage moderation (Horowitz, 1991: 197-199). Some other moderating provisions are present in the transitional constitution, such as a separation between state and religion, to prevent a regime as in Sudan; and a provision that the government encourages national unity, reconciliation, and peace (GOSS, 2011: 3, 10), but these are not incentives that let politicians act moderately out of self-interest.

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Instead of providing incentives to build moderate interethnic coalitions, the transitional constitution prescribes grand coalitions (GOSS, 2011: 11, 38). Without moderating incentives, this means that governments should involve representatives of all groups and that their willingness to work together does not matter. This is problematic according to Horowitz, because these elites have to act on the basis of “conciliatory feelings that do not exist” (Horowitz, 2000: 259). Horowitz thinks that the function of president should be created because it prevents domination by one group and forms another platform for conciliation. However, without incentives to encourage panethnic presidents, it is unlikely that presidents will be stabilizing (Horowitz, 1991: 205-206). Instead, the president got powers to dominate the executive and influence the legislature and judiciary (Auer et al, 2011: 32). Hence, the South Sudanese presidency encourages domination and offers no platform for conciliation.

The only moderating incentive is decentralization. States got directly elected legislatures and executives and could raise their own taxes (GOSS, 2011: 57-59, 81). Most of the South Sudanese states were heterogeneous. Decentralization could facilitate representation of groups, unrepresented in the central government, in their states. This helps with the political socialization of interethnic cooperation and makes national politics less zero-sum (Horowitz, 2007: 960; 1991: 222). Furthermore, local governance consisted of urban and rural councils, that could also raise their own taxes, and traditional authorities. These local governments had important tasks of encouraging local communities’ participation in local governance, dialogue between them, and peace and reconciliation initiatives (GOSS, 2011: 59-60). Most local governance would take place in homogeneous societies, but the constitutional provision that local governance must promote dialogue and reconciliation could play a political socialization function.

All in all, the transitional constitution came closer to Lijphart’s prescriptions than to Horowitz’. The consociational elements, grand coalition, proportionality and segmental autonomy, were to some degree present, but a mutual veto was lacking and the presidency could become a dividing force. From the centripetal perspective, the political system contains on first sight a presidential system and decentralization, but the role of the president is too dominant, the idea of a grand coalition is unstable, and incentives for moderation are lacking at the center. However, the decentralized system provides some hope from the centripetal perspective.

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The context in which the South Sudanese state had to be built was difficult: the country was underdeveloped, illiteracy was present among public officials, ethnic violence was common, and the relations with Sudan remained tense (McConnell, 2011; Gettleman, 2011; Times, 2011). Nevertheless, there were also opportunities: citizens wanted peace; the country had economic potential for its oil reserves; there was a well-educated diaspora; and South Sudan received large amounts of development aid (McConnell, 2011; Dowden, 2011b; New York Times, 2011; Kulish, 2013; McLean, 2012; Kristof, 2011).

At independence, some public institutions were inherited. South Sudan possessed an army and some ministries, police and security services, a legislature, a judiciary, and an executive in the form of a president Kiir (Guardian, 2011; Woolf, 2011). The SPLM was the political party in power and could, hence, dominate. It consisted mainly of former rebels from all ethnic groups that had to learn to be politicians and it held 90 percent of the seats in parliament (Woolf, 2011; Baas, 2013; Freedom House, 2013). At independence, the multi-ethnic SPLM was a party that was still united. This could be seen in the appointment of a multi-ethnic cabinet (Sudan Tribune, 2011; Lupai, 2011; NRC Handelsblad, 2013b). After some time, it appeared that this cabinet was kept together by neo-patrimonialism (Tisdall, 2013). Due to the costs of maintaining this system, only a small budget was available for state development and the strengthening of local governance (World Bank, 2012). Hence, it was not surprising that new tribal conflicts, such as between Nuer and Murle, were not prevented (McConnell, 2012). When a new conflict with Sudan started about oil, which accounted for 98 percent of South Sudan’s income, and production was shut down, government spending was cut drastically (Woolf, 2012; McNeish, 2012; Starkey, 2012b). In July 2013, Kiir dismissed Machar and the whole cabinet (New York Times, 2013). Six months later, Kiir accused soldiers aligned with Machar of a coup attempt. Soon after this, Machar fled out of Juba. Other critics of Kiir, among whom 7 were former ministers, were arrested (Howden, 2013). This led to severe ethnic violence. Dinka soldiers started an ethnic cleansing campaign against the Nuer in Juba, and Nuer attacked Dinka elsewhere. Ethnic hatred between the Dinka and Nuer had returned and political stability had fully disappeared (Starkey, 2013; Gladstone & Cowell, 2013).

South Sudanese Politics from a Consociational Perspective

The transitional constitution gave some hope for political stability, but in practice South Sudan soon lost its limited stability. Proportionality, which was present in the constitution, was realized to some degree. The 2010 electoral system was 60 percent first-past-the-post and

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40 percent proportional (Carter Center, 2010: 17). The main difference with ideal consociationalism is that segments usually have their own party. In South Sudan, the SPLM was the main party that held 90 percent of the seats and consisted of representatives of all groups (Baas, 2013; Freedom House, 2013). The rest of the seats were held by the SPLM-Democratic Change – a split-off of the SPLM and the largest opposition party –, the National Congress Party – the party that rules Sudan –, and independents (Freedom House, 2013; Wël, 2011). Because the SPLM was multiethnic, the partial first-past-the-post system did not limit proportional representation as much as when all segments would have had their own parties. The fight against the north led to a united desire for independence, and, hence, the SPLM was multi-ethnic and had broad support at independence (NRC Handelsblad, 2013a; Dowden, 2011b).

The parliamentarians chosen in the 2010 elections, automatically transferred to the South Sudanese institutions after independence. The main issue regarding proportionality was that Kiir appointed 66 of the 332 MPs and 30 of the 50 members of the Council of States (Alic Garang, 2013: 4; Freedom House, 2013). Unfortunately, there is no information available on their tribal affiliation, but Kiir’s later behavior shows that, when possible, he appoints loyal fellow Dinka or members of other tribes that were eager to join his neo-patrimonial network (De Waal, 2014; Volkskrant, 2013; Awolich, 2016: 7).

Proportionality in the civil service was only realized in the army. During the Sudanese civil war, the SPLM was not always united. Riek Machar and his Nuer, and Lam Akol and his Shilluk left the party in 1991 but returned in the early 2000s. Equatorian tribes also formed their own militias because of fear for Dinka dominance (Baas, 2013; Lindijer, 2010b). Kiir integrated leaders of these militias into the high ranks of the army, and the lower members became part of the state’s military and security service (Baas, 2013). It is however questionable whether this proportionality was reached for good intentions, because this integration seems logical for someone that wants to protect his position. Proportionality in other civil service areas was however lacking. This was hard to create, but was also not tried, because nepotism was used for granting jobs (Smith, 2012). Because Dinka held the main government posts, many Dinka were appointed in the civil service. For example, more than 50 percent of the ambassadors were Dinka, which is more than proportional (Buay, 2012). The state was the main provider of paid jobs and an unfair representation led to unequal development among tribes (Baas, 2013).

Regarding segmental autonomy, the transitional constitution promised decentralization and local self-governance. Due to civil war many local government structures were destroyed

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and had to be rebuilt. Local councils were founded, but members were not elected by local communities, often without government experience, and did not know what to do. Financially they depended on the national government’s oil revenues, and local government income was limited to minor customs duties (World Bank, 2012; AWEPA, 2014). Cutting down local governance budgets by 85 percent and having barely any tax incomes, made local service delivery difficult (Agbor & Taiwo, 2012: 14). Therefore, governors lacked abilities to do their job properly. Moreover, to create segmental autonomy by decentralization, local leaders need support from their communities. However, local councils were fired and appointed by state governors, who were in 80 percent of the cases appointed by the president. Hence, public legitimacy was limited and local governors had to obey, and sometimes bribe, state governors (Awolich, 2016: 7). The only government level that had real local support were traditional authorities. But instead of building local councils around these traditional leaders, they were subordinated by people appointed by and loyal to state governors (Awolich, 2016: 7). Realizing segmental autonomy is hard when governors lack both financial means and public legitimacy.

The most important element of consociationalism, the grand coalition, was approached in South Sudan’s first cabinet. It consisted of members of different ethnic groups. Of the 29 ministers, 11 were Dinka, 7 were from different Equatorian tribes, 4 ministers and the vice president were Nuer, and the rest were from other smaller tribes such as the Shilluk (Sudan Tribune, 2011; Lupai, 2011; NRC Handelsblad, 2013b). The cabinet adhered to proportionality. The Dinka, approximately 36 percent of the population, held almost 40 percent of the ministerial positions. The Nuer, around 16 percent of the population, had control over 14 percent of the ministerial posts and the position of the vice president. Other positions went to members of other tribes (Sudan Tribune, 2011; CIA World Factbook, 2011). On first sight, the idea of a grand coalition was well-implemented, but the essence of a grand coalition is that representatives of different groups work together to rule the state. The grand coalition consisted of former rebels without proper education and governing experience. They appeared more occupied with enriching themselves and their networks than ruling the country, which was apparent from half the budget being spent on advancing personal gains for cabinet members and another 25 percent on the army (Tisdall, 2013), more than 4 billion dollars of government funds being stolen since 2005, and it failed to provide basic services such as education and health (Dowden, 2011a; 2011b; Smith, 2012; Chonghaile, 2012). The grand coalition was limited because of the president’s dominance. The transitional constitution empowers Kiir much more than other cabinet members, which is

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contrary to consociationalism. Consequently, governmental decision making was dominated by Kiir. South Sudan became ruled at the center by presidential decrees. Kiir, for example, replaced elected public officials by issuing decrees, and, hence, made sure that loyalists were present at important functions (Gatkuoth Gatluakn, 2014; Alier Akuot, 2013; Awolich, 2016: 7).

Furthermore, because the president was much more powerful than other government members and there was no mutual veto, it formed an opportunity for one group to dominate. This happened already when the mixed cabinet was still in place, but it worsened when Machar expressed his intention to compete in the 2015 elections. The Dinka essentially ruling the country, brewed anger among other ethnic groups (Eveleens, 2013b; Volkskrant, 2013; Howden, 2013). Thus, challenging Kiir was unsurprising. In July 2013, Kiir decided to fire his cabinet to remove his political opponents, and win the power struggle with Machar (Eveleens, 2013b; Nourhussen, 2013). The new cabinet would be the end of the grand coalition. The large majority of the ministers was now Dinka. Of the 18 ministers, 11 were Dinka, 4 were from Equatorian tribes, and 3 were Nuer (Sudan Tribune, 2013; Puok Baluang, 2014). Nevertheless, one must note that Nuer ministers were seen as traitors by fellow Nuer (Mayen Tut, 2015). Hence, the regime was sometimes called a ‘Dinkocracy’ by other tribes (Volkskrant, 2013; Howden, 2013).

South Sudanese Politics from a Centripetal Perspective

The transitional constitution lacked already moderating electoral and territorial incentives. However, lacking these incentives did not prevent Kiir from choosing Machar as his running mate, and forming a pre-electoral coalition between Dinka and Nuer in 2010 (Gatdek Dak, 2010). This happened because in 2010, the uniting prospect of independence formed a moderating incentive (Dowden, 2011b). Incentives for a panethnic president were also absent, but at independence, Kiir could count on broad support among almost all South Sudanese because of the independence struggle and, thus, did border on the idea of a panethnic president (Lindijer, 2010a). Nevertheless, the moderating independence incentive was temporary, because, since independence, unity progressively withered (NRC Handelsblad, 2013a; Dowden, 2011b).

The government however remained intact for 2 years despite that the desire for independence had disappeared. Horowitz argues that grand coalitions fail because ethnically divided leaders are self-interested and would not work together because they are good statesmen and have conciliatory feelings. They require incentives to collaborate (Horowitz,

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2000: 259). However, South Sudan did not provide such incentives. Cooperation between elites was based on incentives of enrichment. De Waal (2014: 361) puts this nicely by stating that “corruption is the system” and that “Kiir’s main instrument of governance was permitting members of the elite to join the kleptocratic club.” When unsatisfied rebel leaders went back to the bush, Kiir tried to appease them with high government or army positions and expensive villas. Hence, most of the government’s budget was spent on maintaining the system (Eveleens, 2011; NRC Handelsblad, 2013a; De Waal, 2014: 361).

This means that electoral and territorial incentives are not the only motives to stimulate interethnic cooperation: neo-patrimonialism can be too. However, political systems held together by incentives based on corruption are unstable (Fagbadebo, 2007: 29), which is logical considering when there are not enough financial means to maintain the system, it implodes. This was the case in South Sudan (De Waal, 2014: 365). In January 2012, South Sudan shut down oil production because of a conflict about oil revenues with Khartoum (Hills, 2012; Starkey, 2012a; Kushkush, 2013). This was disastrous, because it threatened the limited stability in South Sudan. South Sudan’s revenues relied for 98 percent on oil exports. The neo-patrimonial system that united political elites in Juba was fully built on these revenues (Lindijer, 2012; Trouw, 2012a). When Kiir’s presidency was challenged, he lacked the financial means to buy his opponents off (De Waal, 2014: 365). This worsened relations within the party and Kiir received more criticism, which made him more authoritarian. He increased his control over security forces and restricted the freedom of NGOs and media (Smith, 2014). The growing authoritarianism of Kiir divided the SPLM. Machar, for instance, stated: “To avoid authoritarianism and dictatorship, it is better to change” (Smith, 2014). Machar stated his intention to challenge president Kiir in the next presidential elections. A few months later, Kiir removed his opponents by firing them (New York Times, 2013).

The presidency reflects that although Kiir approached the idea of a panethnic president when he was elected, he did not perform the moderating functions Horowitz prescribes and he gradually became more Dinka-oriented. Firstly, as already predicted, Kiir was too dominant. Horowitz (1991: 205) prescribes presidential systems to prevent domination by enjoying a majority in parliament, but in South Sudan, one group could dominate by holding the presidency. Kiir confiscated lawmaking power from the legislature, and parliament only endorsed laws (Awolich, 2016: 8). Additionally, he could dismiss and appoint cabinet members and state governors, which he did when it suited him. He replaced 80 percent of the elected state governors by loyalists, and when other cabinet members became a threat, he dismissed them (New York Times, 2013; Awolich, 2016: 7). Secondly, the presidency was no

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platform for conciliation. This could only come true through elections which stimulate candidates to appeal to different ethnic groups (Horowitz, 1991: 205). Although Kiir did appeal to most groups in 2010, missing both strong opposition parties and an electoral system that encouraged cross-ethnical appeals, allowed him not to perform this moderating function. Hence, the presidency remains a possibility of unequal power-sharing when presidents move away from their panethnic orientations.

The decentralized system in the transitional constitution provided hope from the centripetal point of view. In practice, however, decentralization was very limited. Although state legislatures and executives were set up, Kiir determined who was in charge (Awolich, 2016: 7; Frahm, 2014: 204; World Bank, 2012). In January 2013, for example, Kiir replaced Lakes State governor Mayay, a close political ally of Machar (Frahm, 2014: 174). Furthermore, states were dependent on the national government for their revenues. They did not, or barely, set up their own tax systems, and often, the central government’s money would not arrive (World Bank, 2012; Frahm, 2014: 204). Because most states were ruled by appointed officials, loyal to Kiir, public legitimacy was lacking and state governments could not perform a political socialization function or make politics at the center less of a zero-sum game, because what happened at the state level was determined at the center.

Local governance was also expected to perform a political socialization function because of facilitating dialogue and reconciliation. An example shows that this was possible. In 2009, hundreds of civilians were killed through ethnic violence in Akobo. Together with the county commissioner, NGOs focused on the fundamental causes of local ethnic conflict. An important one was that raiding cattle was the livelihood of the youth (All Africa, 2011). To solve this, they were provided with brick making machines and taught to handle them. The local government agreed to buy these bricks for building facilities. Additionally, the county commissioner got communication devices to be able to communicate when intertribal relations would get tense (All Africa, 2011). Historically, conflicts were solved through meetings between elder tribesmen, the traditional authorities. They sat together and tried to solve divisive issues before civilians were killed (Woolf & Craze, 2011). These groups were also supported by NGOs and got better facilities. Therefore, the approach was economically supporting people and restoring conflict-resolution mechanisms that were severely damaged during decades of civil war. The result was significant reduction of intertribal violence (All Africa, 2011). However, local governance, when present, lacked funds to develop such initiatives in most of the country (Frahm, 2014: 210; World Bank, 2012) and reconciliation initiatives were set up at the center: the Committee of National Healing, Peace and

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Reconciliation started a spiritual healing campaign, and although it wanted local initiatives, it lacked funds to do so (Frahm, 2014: 272).

Conclusion

In this thesis, it has been discussed why South Sudan failed to build a politically stable democracy after its independence. Both Lijphart’s consociationalism and Horowitz’ centripetalism form part of the explanation. The consociational elements present on paper were poorly implemented in practice. Creating perfect proportionality and segmental autonomy can also not be expected in a short period in an underdeveloped country, but instead of attempting to create this, proportionality was only realized in the army and replaced by nepotism elsewhere, and segmental autonomy was very limited because local government was weak, it lacked public legitimacy, and traditional authorities were subordinated by Kiir’s loyalists. The poor implementation of these consociational elements was together with missing a mutual veto, however, maximally background influence on the end of limited political stability. There is no clear link between lacking proportionality or a mutual veto and the outbreak of ethnic violence. Moreover, it is questionable whether a fully implemented segmental autonomy could have been stabilizing, because hostile intertribal relations go back to the days when traditional authorities were not undermined by other state structures (Richardson, 2011).

The grand coalition is more important in explaining the failure to build political stability. Building a government that contained representatives from different tribes did however not cause stability, but as Horowitz predicted, leaders need incentives to cooperate, and for two years getting rich formed such an incentive. When economic problems diminished the incentive to cooperate, the system imploded. Another important element seemed to be the people that form the grand coalition. Power was in the hands of former rebels that fought for decades against the Khartoum regime. The case of South Sudan shows, not for the first time in history, that good fighters are not necessarily good political leaders (Eveleens, 2013a; Baas, 2013; Lemarchand, 2006: 19). These former rebels were so used to their military role, that the threat of using violence was a common means of bargaining (De Waal, 2014: 348). They also often lacked the required education to perform in the functions that they held. Well-educated South Sudanese from the diaspora, who were more qualified to build up the state, were often ignored (Broere, 2012).

The role of the president was another important factor. Kiir could dominate the whole political system by appointing and firing officials, ruling the country by decrees, and

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intervening in the legislature and judiciary. By being this dominant, the presidency formed the dividing factor that Lijphart’s ideas predicted. When a power struggle between a Dinka, Kiir, and a Nuer, Machar, erupted, the country was quickly divided along ethnic lines. Additionally, the poor implementation of a decentralized system, prescribed by Horowitz, also played a role. The Akobo example showed that state and local governance could play a political socialization function. The transitional constitution contained many elements that would set this up, but in practice it was implemented poorly.

This case study teaches us lessons about both consociationalism and centripetalism. Firstly, grand coalitions depend on what people are in it. This factor was not mentioned by Lijphart. This is understandable because his model was based on countries in which grand coalitions were not formed between former rebel leaders that lack education. This is supported by Lemarchand’s (2006: 19) and Baas’ (2013) findings that the identities of the parties matter. Secondly, this thesis provides support for Horowitz’ idea that incentives matter. The grand coalition only stayed together as long as its members benefitted. A system with moderating electoral and territorial incentives could have helped. Thirdly, it is questionable whether segmental autonomy is beneficial for political stability in Africa. The decentralized system proposed by Horowitz, in which contact between different groups plays an important role, seems better for resolving tribal animosities. Fourthly, although the presidential model that was set up is not what Horowitz prescribes, the change of Kiir, from a president that had national support and approached the idea of a panethnic one, into one that favored his own tribe, does not provide support for Horowitz’ advice to build presidential systems in divided societies. If a parliamentary system had been built, the problem of a dominating president would not have been there, and since the power struggle for the presidency was an important cause of the civil war, a parliamentary system would at least have prevented this cause. Hence, a parliamentary system is a better idea for divided societies. It is recognized that there are limitations to the conclusions reached in this thesis. Firstly, the political system provides only part of the explanation of why South Sudan failed in building a politically stable system. Factors such as economic development, only considered marginally here by addressing oil revenues, have certainly played a role. Secondly, information on the functioning of state and local governance is often lacking. Besides these limitations, the finding that some of the prescriptions of both Lijphart and Horowitz were not supported by this thesis, make it questionable whether these models are suitable for Africa. Hence, future research is needed on the influence of the effect of

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presidential/parliamentary systems, people’s identity, and segmental autonomy on the political stability of divided societies in Africa by doing comparative case studies.

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