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The Journal of North African Studies

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South Sudan: institutional legacy of colonialism and the making of a new state
Christopher Zambakari
a a

College of Professional Studies, Northeastern University, Boston, MA, USA Version of record first published: 26 Apr 2012

To cite this article: Christopher Zambakari (2012): South Sudan: institutional legacy of colonialism and the making of a new state, The Journal of North African Studies, 17:3, 515-532 To link to this article: http://dx.doi.org/10.1080/13629387.2012.671996

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The Journal of North African Studies Vol. 17, No. 3, June 2012, 515 532

South Sudan: institutional legacy of colonialism and the making of a new state
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Christopher Zambakari
College of Professional Studies, Northeastern University, Boston, MA, USA

The paper argues that the post-colonial crisis of citizenship demands a rethinking of the paradigm of viewing colonialism simply as a system of economic exploitation to viewing colonialism as a political project that is anchored in law. The paper provides a historical and post-referendum analysis of the political division between North and South Sudan. As South Sudan seeks to build a state that accommodates diversity, it faces the same question faced in many African countries, namely how to build a nation that embraces diversity within the country and transcends the urban rural divide and the ethnic divisions that threaten to undermine the process of nation-building. In Africa, the law has emerged as the tool that distinguishes and divides between those regarded as natives and thus entitled to political rights and access to resources and those considered non-native for whom political rights and access to resources are withheld. The paper discusses the challenges that South Sudan faces in building a nation that will take into consideration diversity within the country and accommodate the different nationalities that live in South Sudan and in the border regions. It also explores whether there are ways to accommodate internally displaced persons, migrant workers, immigrants, and refugees within the current model of building a nation. The paper presents the New Sudan Framework as an alternative model and antidote to the colonial legacy of politicising race and ethnicity, enforcement of a legal dualism in governance, and a bifurcation between civil and customary law. In view of the history culminating in the split of Sudan into two countries, North and South Sudan are reective of Africas crises and promises in the twenty-rst century. Keywords: North/South Sudan; colonialism; crisis of citizenship; political violence; nationbuilding; New Sudan Framework

Introduction tat, 108 failed coup attempts, and In a continent which has experienced 80 successful coups de 139 reported coup plots between 1956 and 2001 as noted by McGowan (2003), the greatest threat to Africa in the twenty-rst century remains the problem of political violence. According to the Global Peace Index (GPI) published by The Institute for Economics and Peace (2011), Sub-Saharan Africa remains the region least at peace with 40% of the worlds least peaceful r countries being in Africa. Despite the decrease in interstate conicts (Peter 2001, Themne and Wallensteen 2011) and declining deaths from civil wars (World Bank 2011) over the last

Email: Zambakari.c@husky.neu.edu

ISSN 1362-9387 print/ISSN 1743-9345 online # 2012 Taylor & Francis http://dx.doi.org/10.1080/13629387.2012.671996 http:/ /www.tandfonline.com

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two decades, the greatest threat to peace and the socio-economic wellbeing of the people of Africa is violence (Geneva Declaration Secretariat 2008). The challenges for Africa in the twenty-rst century are how to: (i) stop violence in places where it is costing lives, (ii) build stronger institutions that are capable of containing violence and resolving disputes, (iii) successfully engage in nation-building projects that respect the diversity of nationalities, religions, genders and races, and (iv) build developmental states that are equipped to spearhead economic development for the benet of the African peoples. This paper seeks to contribute to the on-going debate on political reform and nation-building projects in Africa by focusing on the question of citizenship and its relationship to fuelling violence in the post-colonial period. The objective of this paper is to contribute to the debate on democratic nation-building projects in Africa by focusing on post-conict reconstruction in South Sudan. By understanding what gives rise to ethnic violence, the new state in South Sudan can pre-empt the rise in future violence, control local conicts, and stabilise the horn of Africa while engaging in peaceful nation-building that is democratic, transparent, and inclusive of the diversity within the country. The main research question is: What is the institutional legacy of late colonialism in Sudan with regard to fuelling of civil wars and ethnic violence? With the aid of theoretical works on political violence, the paper locates the crisis of the post-colonial Sudan in a historical context and endeavours to make sense of the intractable nature of the conict in Sudan by focusing on the dynamic of state formation and the institutional legacy of colonialism in Africa (Ekeh 1975, Hountondji 1990, Martin 1991, Mamdani 1996a, Falola 2009). The post-colonial crisis of citizenship demands a rethinking of the paradigm of viewing colonialism simply as a system of economic exploitation to viewing colonialism as a political project that is anchored in law. The crisis of citizenship, the question of belonging, the role of the state in institutionalising political identities, and the problem of natives versus settlers have been widely studied in Africa (Abdullah 2003, Nzongola-Ntalaja 2004, Mamdani 2005, Neocosmos 2006, Geschiere 2009). The rst study to look at the question of citizenship in the post-referendum South Sudan from the perspective of international law comes from the Open Society Initiative for Eastern Africa (Manby 2011). The study did not adequately cover the institutional legacy of colonialism in shaping the debate on citizenship in Africa or in South Sudan. It did not address the problem of political identity in fuelling and sustaining political violence. In the study of Sudan, the focus of many studies has been on North Sudan with little scholarship on the manifestation of the citizenship crisis in South Sudan. South Sudan thus has been studied as an extension of the North. There is a greater need to extend the study of citizenship, the effect of colonialism as a legal project to the study of South Sudan by connecting it to that of the history of state formation in North Sudan. This requires that study of South Sudan be historicised, contextualised, and situated in the African experience. This paper seeks to contribute to this debate by going beyond the socio-economic analysis that dominates scholarship in both North and South Sudan. In Sudan, the Comprehensive Peace Agreement (CPA) of 2005 brought an end to the brutal, intermittent civil war (1955 72; 1983 2005) which engulfed Sudan well before its independence in 1956. It ultimately created a new political dispensation and landscape in South Sudan. An estimated 2.5 million people have died and more than 5 million have been uprooted due to the civil war (Bechtold 2009, UNMIS 2009, IDMC 2011). In fullling the mandate of the CPA, a referendum on self-determination1 was conducted in January 2011, and 98.83% of South Sudanese effectively voted to secede from North Sudan (SSRC 2011). The General Assembly of the United Nations admitted the Republic of South Sudan into the community of nations as the

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193rd member of the United Nations on 14 July 2011 (UN News Centre 2011). The challenges ahead for South Sudan are the same as those faced by all African states; it must build a more inclusive political community that respects unity in diversity, upholds the rule of law, practices democracy in governance, and undertakes economic development. Given that Sudan2 is the microcosm of Africas promises and problems (contained within its boundaries are all major African language groups and nationalities), the problems of Sudan are reective of the larger continental political crises facing all African countries in the twenty-rst century (Beshir 1968, Deng 1990, Garang 1992, Zambakari 2011). As South Sudan looks forward to building a state of diverse nationalities, the question facing most African countries is also facing South Sudan. How does South Sudan build a nation that will take into consideration diversity within the country? What is to be done with all the different nationalities that live in South Sudan and in the border regions? Is there a way to accommodate internally displaced persons (IDPs), migrant workers, immigrants, and refugees within the current model of building a nation? On a larger point, does Africa have a model of a successful nation-building project which has proven to be durable, stable, and peaceful? The theoretical model available in Sudan to resolve the problem of political violence comes from the conceptual framework of the New Sudan (Garang 1992). This paper will argue that the most progressive attempt to reform the colonial state in Sudan was articulated by John Garang, the late Chairman and Commander in Chief of the Sudan Peoples Liberation Movement/Army. This model offers the way forward, an antidote to the colonial legacy of politicising race and tribe, enforcement of a legal dualism in governance, and a bifurcation between civil and customary law. The next section sets to locate the genesis of indirect rule in the historical context of colonialism in the USA, the institutionalisation of law to deal with the Native American problem. The section will show how law came to play a role in the conquest of the New World and was later exported to colonise Africa. New world and the genesis of indirect rule The study of colonialism and the effect that it had on Africa have been widely studied by notable scholars (Amin 1990, Said 2001, Abdullah 2003, Muiu 2010). There is ample scholarship on the political economy of colonialism and its effect on development and retardation of socio-economic progress (Rodney 1972, Arrighi 1979, Amin 2000, Mkandawire 2001). There are, however, no writings that trace the genesis of indirect rule to its historical origins. Studies focus on the socio-economic, political, and intellectual legacy of colonialism (Ekeh 1975, Hountondji 1990, Nzongola-Ntalaja 1997), while neglecting one of its more powerful institutional legacies: law. Of all the tools at the disposal of settlers in the New World, the most powerful was the rule of law. Law played an integral part in the conquest and later domination of the ethnic groups that inhabited the Americas (Williams 1990). It was through the power of law that the American Indians were framed, later dispossessed of rights to property and citizenship, and collectively exterminated. In trying to make sense of the post-colonial struggle, instability, political violence, and social fragmentation in former colonies in Africa, this paper looks at the technology of governmentality employed in conquering the New World through the eyes of law. The crises that plague former colonies today and the difculty of reform lie in a particular mode of rule and the institutions erected to carry out the policy of conquest and colonisation. America is the context which shows that the greater the settler population, the greater the violence unleashed against the native population. This single fact would be repeated in Africa wherever there was a larger settler population. The closest example in Africa of what happened in America

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with the arrival of Europeans on the continent is found in the modern-day country of Namibia, which used to be part of German West Africa. In 1904, Germans annihilated over 80% of the Herero population (Mamdani 2001b). To truly understand the genesis and genocidal impulse of colonialism, its institutional apparatuses that enabled indirect rule in Africa, one has to return to America and see how settlers dealt with the Indian question from a legal perspective. The treatment of Amerindians by the Supreme Court in the United States set a historical precedence which has been observed in the post-colonial period, setting aside a targeted group for extermination by framing the group rst in law. In a series of three rulings,3 the US Supreme Court reduced Native Americans to the status of subjects, deprived them of fundamental rights of citizens, expropriated their properties, and set them apart for genocide. The cases dened Native Americans collectively, tied their identity to land, which was dened to be customary and belonging to the tribe. Thus, individuals could not access land, which had become the prerogative of the tribe. Land belonged to the collective membership and was accessed as a customary right. The Amerindians came to be seen as creatures dened by geography rather than by history. The Native American was a creature of habits and customs, while the settler was dened by history. Law was and has always been an integral part in the conquest and domination of others. Through law, the native was reduced to a subject of colonial power. Today in Africa, the institutional legacy of indirect rule, developed in America, theorised by Sir Henry S. Maine in post-Mutiny India (Maine 1914, 1960), manifests through the customary authorities and the institutions of the colonial state. At the heart of the system is discrimination based on membership in an ethnic homeland. In Africa, it is a system that privileges those considered natives and discriminates against those considered alien, foreigners, and non-natives. In America, the settler found it practical to exterminate the native for land, while Africa is where the legacy is most enduring, where the settler has to live side by side with the native and nd a way to dene a common future that does not involve the genocide of the other. More at the core of post-colonial violence than land is the political question: who has right to participate in the political system; who has the right to rights? Political violence and the question of citizenship After the New World had been conquered, India was the next territory under European rule to be subjected to the concept of indirect rule, pioneered by the British. This mode of governmentality was rened in India after a major crisis of Empire: the Sepoy Mutiny of 1857 before being exported for the conquest of Africa. In attempting to think through the reasons leading to such an uprising, the British Crown turned to its leading intellectuals. It is in this context that Sir Henry Sumner Maine was called upon to work as the legal member of the Viceroys Cabinet in India after the Great Mutiny. In a series of lectures, published manuscripts, and his seminal work (Ancient Law 1960), Maine dismantled the ideological foundation that undergirded the Utilitarian and Christian Evangelical mission to civilise and proselyte Indians (Mamdani 2008, Mantena 2010). He would later lay the groundwork for what would be known as indirect rule, a method of ruling native races. Maine later argued that it was a failure to come into terms with the natives agency and historicity that led to the rebellion. It was in other words, an epistemological failure (Mantena 2010). It was a failure of analysis by the Utilitarian and Christian Evangelicals to understand the nature of the Indian, his customs, his practices, his religions, and social beliefs. In Ancient Law, the Roman legal code emerges as the linchpin to the development of progressive societies in the Westan accomplishment of great signicance, given the paucity of

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such societies in a world where inertia has tended to govern (Dante 2002). In the European racist view of history, the native represented a triumphant geography over history (Mamdani 2008). In this skewed version of history, the West was an exception in the course of human evolution; stagnation was the norm, progress the exception reserved for Western societies (Maine 1960). Maines contribution was a mode of rule undergirded by set of institution: racialized and tribalized historiography, bifurcation between civil and customary law (Mamdani 2008), an administrative apparatus that distinguished between natives and non-natives; privileges the natives and discriminates against non-natives. From this point onward, the central feature of the British colonial policy was simple: rst dene and remake the subjectivity of the ruled, and then divide in order to effectively rule (Mamdani 2008). By the time one comes to the late nineteenth century, this Eurocentric view of the world was the dominant paradigm governing how Europe ruled Africa. While nding its genesis with the discovery of the New World, indirect rule was fully realised in Africa. The post-colonial period in Africa has been marked by an acute crisis of citizenship that unleashes political violence and takes a terrible toll on civilians. The main issues that link te dIvoire, Nigeria, Liberia, Sierra Leone, Ethiopia, Burundi, Rwanda, Democratic Republic Co of Congo, Uganda, Kenya, South Africa and Zimbabwe, all the way to the event that led to the breakup of Africas biggest country, Sudan, are those of citizenship and nativity, the institutional legacy of the late colonialism, and numerous failures to reform the political system in the postcolonial period (Taiwo 1993, Mamdani 1996a, Said 2001, Nzongola-Ntalaja 2004, Young 2006). The dilemma and political challenges for post-colonial Africa is the question of who has the right to participate in the political system. These questions centre on the legitimacy to have a Native Authority to advocate for ones rights. They revolve around the issue of belonging and the rights and entitlements that go with civil citizenship (Sall 2004). Every post-colonial African state deals with the question of building an effective plural society and managing diversity within an inclusive framework. Failure in this respect has led to the proliferation of ethnic violence/cleansing and numerous civil wars in Africa. The violence experienced in the postcolonial period, based on the demand for citizenship, rests on a colonial edice inherited at independence, which was not successfully reformed. From this vantage point, the colonial legacy must be understood as a legal project.

Colonialism: a legal project While there is abundant scholarship on the social, economic, and political effect of colonialism in Africa, there is a gap in academic writing on colonialism as a legal project. Mamdani (2011c) has argued that colonialism began with a program of ethnic cleansing. In order to make sense of the post-colonial crisis of citizenship, it is imperative to go beyond the paradigm of viewing colonialism simply as a system of economic exploitation to viewing colonialism as a legal project. This expands the scope of inquiry and enables one to understand how the colonial state uses law to de-nationalise individuals, thereby depriving them of political rights. The conceptual framework of political economy does not provide adequate tools to fully grasp a political crisis primarily rooted in law. Scholars need to go beyond the socio-economic analysis of the crisis of citizenship. A look at the post-colonial crisis of citizenship reveals that law remains the instrument used to de-nationalise individuals, thereby depriving them of two key rights: right to participate in the political system and the right to access land. This plays out at the national and local levels and generates crises that are observable throughout institutions of

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governance. The study of the role of law in the post-colonial state is instructive for a number of reasons highlighted by Mamdani (2001a):
The modern state stands up to time by giving itself both a past and a future, both history and laws. Between the two quests, there is a connection. The modern state seeks to dene the future through laws which dene group identities, and which are enforced on individual subjects, thereby institutionalizing a group life.

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The post-colonial state in Africa enforces political identities,4 inscribed in law through its institutions. Political identities then are enforced as legal identities. The outcome is that identities cease to be consensual and become exclusionary (Mamdani 2001a). Law is the instrument of choice for the modern state. Those who are penalised by the colonial state are IDPs (IDMC/Norwegian Refugee Council 2009), refugees, migrant workers, and immigrants (Mamdani 1990, Abdullah 2003). The next section analyses the dilemma of citizens that are deprived of political rights: IDPs and refugees.

Citizens without a country: the plight of IDPs and refugees A number of countries in Africa have citizenship laws that discriminate against certain segments of the population. The discrimination is legal and enshrined in the constitution. In Sierra Leone, te dIvoire, the state has enacted laws that mandate that persons of Liberia, Malawi, and Co negro descent or of African race can be citizens by birth; in Liberia, people not of negro African descent cannot be citizens at all (Manby 2011). In Kenya, Sudanese (Nubians) and Somalis who ended up in the country during the colonial era have found it difcult to get identity cards. They are not considered natives or indigenous to Kenya. The basis of discrimination is inscribed in law. The creation of ethnic federalism, a constellation of tribes with corresponding local governments, can be seen in the case of Nigeria (The Federal Republic of Nigeria 1999), which has a provision in its constitution, called the federal character,5 in addition to the Ethiopian constitution (Haile 1997, Mamdani 2005), which stipulates that each tribe must have a homeland. In South Sudan, this is referred to as One County-One Tribe Rule (Zambakari 2011). In all these cases, law has emerged as the tool that distinguishes between two types of persons: those said to be natives and thus entitled to political rights and access to resources and those considered non-native for whom political rights and access to resources are withheld. For those forcefully displaced by conict (IDPs and refugees) or those who move in search of a better future (migrant workers and immigrants), the modern state is less accommodating. IDPs, refugees, migrant workers, and immigrants often nd themselves outside the realm of protection and legal framework of citizenship because they do not have the right to protection and entitlements that accompany civil citizenship (Manby 2011). The challenge in Africa is how to handle the growing number of IDPs, which was estimated to be 11.1 million at the end of 2010 (IDMC/ Norwegian Refugee Council 2010). In a global context, 40% of the worlds IDPs are in Africa, with Sudan accounting for 40% of the total for Africa. The problem of statelessness is more acute in Africa given its large number of IDPs and refugees, who are deprived of basic political rights and access to land. Sub-Saharan Africa, the region most plagued by conict, is home to an estimated 2.2 million refugees, one-fth of the global population of all refugees6 (UNHCR 2010). The cases of the Banyarwanda in Uganda and in Eastern Congo (Mamdani 2011b), the Ghanaians in Nigeria, and the Burkinabe in Ivory Coast are illustrative of these tendencies in the post-colonial period (Mamdani 1990, Said 2001, Abdullah 2003). In each of the mentioned

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cases, violence has been the outcome as those dened as natives and indigenous confront those branded as non-natives and non-indigenous. Every colony since 1492 has been subjected to a technology of penetration, which is mediated by law. Conquest always began with a discourse, which was translated into laws and later the law was translated into institutions that ruled over the colonised mass. At the heart of the colonial system of governance was a duality in how the colonised were organised and how those deemed civilised were governed.7 It was a project enforced by law, where the urban civilised were governed under common law; the natives were governed under customary law. Customary law in turn discriminated based on membership in an ethnic homeland (Mamdani 1996a). The most effective instrument of penetration was law. The relationship between the colonised society and the colonial state was mediated through law. Law thus penetrated every strand and fabric of society. Despite the enduring legacy of colonialism in Africa, there has been successful attempt to reform the state, e.g. Tanzania, Senegal (Manby 2011), South Africa (Pillay 2010), and Sudan (Garang 1992). New Sudan: a conceptual framework The current study of Sudan suffers from an epistemological weakness, lack of familiarity with the history of the country, and too much emphasis on political systems rather than critical analysis of the foundation upon which the post-colonial institutions are built (Idris 2005). The notion that the conict in Sudan is one between Arabs and Africans, Muslim and Christians, North and South8 is pervasive in Sudanese historiography. Since the colonial period in Sudan, race has been systematically written into history (Idris 2005). The effect has been a bastardised history, racialised and enforced through state institutions: tribalised historiography, bifurcation between civil and customary law, administration that distinguishes between natives and nonnatives, privileges the natives and discriminates against non-natives (Mamdani 2008). In the post-CPA period, the emphasis in the north of Sudan has been placed on the Arab/Islamic character of the state. With the secession of the South, the tendency in the North has been to consolidate the Arab identity while silencing all marginal identities within the North.9 The opposite phenomenon is taking place in the South, where the elites have moved quickly to shape the identity of the country as African, secular and Black. Sharif Harir noted that this struggle for national identity has been one of the contributing factors to the violence in Sudan. He wrote: This multiple denial of a Sudan which is uniquely Sudanese and not an appendage to Arabism, Islamism or Africanism lies at the root of the political problems of the Sudan(Harir and Tvedt 1994). Most scholars dismiss the easy and simplied answer, which is characteristic of the way the problems in Sudan have been reported in the media.10 Norman Anderson rightly dismissed the notion that the problem is Arabs against Africans and claimed that the relationship between the Arab and the African, North and South, is complex (Anderson 1999). Sudan has a historical relationship with the outside world, including the Mediterranean and Arabia, predating recorded history. During the Islamic era, Muslim Arabs chose to intermarry and assimilate rather than rely on conquest and force (Mamdani 2009). Garang expanded the analysis of what constituted the problems of Sudan and offered a model of nation-building rooted in the concept of unity in diversity, respect for human rights and rule of law, equitable distribution of national resources, devolution of power from the centre to historically marginalised regions, and value of multiple identities (Garang 1992). Garang recognised that Sudan was a melting pot of nationalities, religions, and languages. Garangs success was rst in contextualising the conict in Sudan by locating Sudan in its proper history. This required historicising the problem of Sudan from a national vantage point and moving away from sectarian, regional, and ethnic

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explanations. The question about the identity of Sudan centred on the nature of the Arabs of Sudan. Are Arabs foreign or local to Sudan? Is Sudan an Arab country, African, or both? Does the Arab identity derive from a single history or multiple histories? Sudanese Arabs: a political identity A dominant myth in Sudanese historiography and colonial scholarship is the claim that Sudan was conquered and civilised by Arabs from outside (Churchill 2004). Given the explosive nature of the situation in Sudan and how Arabs have come to be seen as a uniform group with a common history, foreign to Sudan, and demonised throughout Western media outlets, and blamed for the problems in the peripheries of Sudan, it is important to understand what exactly is this Arab of whom much is written. This is how Mamdani sees Sudanese Arab in his book, Saviours and Survivors: Darfur, Politics, and the War on Terror (2009). In making sense of the identity called Arab in the Sudanese context, one must see it as a result of the process of Arabisation, enculturation through migration and contact. From this perspective, Arab is neither ethnic nor racial, but cultural. To be considered an Arab implies a consent and adoption of the language known as Arabic and cultural practices regardless of ethnic origin. The second viewpoint from which to make sense of this identity is supplied by Sharif Harir, a Darfuri anthropologist, who argues that Arab is a racial identity. The claim is not sufcient enough given that there are various non-Arab ethnic groups in Darfur that speak either exclusively Arabic or a combination of Arabic with other mother tongues. These groups do not self-identify as Arab nor are they identied as such by other groups that live in the region. Mamdani reconciles these two perspectives by drawing a conclusion that to be called an Arab is rst and foremost to be a member of any one of contemporary political communities called Arab. In this regard, Arab is a political identity, one that is tribal, not racial. So to be an Arab is to belong to an Arab tribe. This is important to debunk the myth that is prevalent in northern Sudan, especially among the riverain Arabs, that they are not Africanised Arabs but traces their origins outside of Africa. This gives the illusion to the rest of Sudanese that indeed, this small group that has maintained monopoly on political and economic power in Sudan does not trace their ancestry to the historical process of migration and intermarriage between the various groups living in what is today Sudan. Migration, both voluntary and forced, has always taken place across Africa. In the pre-colonial period, the Shilluk migrated voluntarily from the South to the North and then to the West of Sudan. It was from among these Shilluks that the Sultanate of Funj arose with its capital at Sinnar. Sudan has always been home to a large population of migrant workers, immigrants from East and West Africa, as well as traders from North Africa and across the Mediterranean (Mamdani 2009). This included Arab nomads, African peasants, and slaves captured from South Sudan. Historically, political and economic conditions moved people from one region to another. Both Sultanates raided slaves from the South in order to build an army of slaves. The rise to power of two Sultanates in the western Sudan, the Kingdom of Funj and the Kingdom of Dar Fur, gave rise to demand for slave labour for the state. The political history of the Sultanate of Funj begins in 1504 and that of Dar Fur in 1650. The outcome of this history is that the ancestors of the Arabs in northern Sudan today were slaves from the South (Mamdani 2011c). Without reconciling with the history of Sudan which includes slave trade, colonisation, and various attempts at nation-building in the post-colonial period, the conicts in Sudan will continue to suffer from historical amnesia. The consequence of this is failure to anchor the nation-building project in a historical context.

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The single most important issue which the state in South Sudan will struggle with is how to build an inclusive state. This is furthermore complicated by several factors which are yet to be resolved: pending border demarcation, allocation of revenue from oil, citizenship between Sudanese in the North and in the South, movement of nomadic tribes in border regions, debt sharing, and the pending referendum in Abyei, Southern Kordofan,11 and Blue Nile.12 Second, concern remains for many Sudanese living in the disputed border regions as well as southerners in North Sudan and northerners based in South Sudan (UNSC 2010a, 2010b, 2011, Zambakari 2012). Aside from other socio-economic imperatives, the building of an inclusive state where there is unity in diversity is an urgent matter which holds the key to stability in North and South Sudan. Furthermore, for a successful nation-building project that embraces the concept of unity in diversity, the respect for human rights and rule of law, there needs to be proper implementation of genuine democratic practice within national and local institutions of governance that is accountable to the people and transparent. So, it is crucial that the institutional legacy of colonialism is understood. The legacy that was inherited by the Republic of Sudan is likely to be carried over into South Sudan. At a recent conference organised by the Dakar-based Council for the Development of Social Science Research in Africa (CODESRIA) in Nairobi to discuss the consequences of the South Sudan self-determination referendum, the Minister of Higher Education and Scientic Research, Dr Nyaba, made the observation that South Sudan carries within it the seeds of its own destruction. This same observation was echoed by H.E. Mr Ezekiel Gatkuoth, Head of Mission for the Government of South Sudan to the United States in Washington DC, at a conference organised at Fordham University in New York.13 There is awareness that the split of South Sudan from North Sudan is not the end of the road or the nal answer. The Referendum of 2011 divided the country, but the challenges of nation-building remain on the table.

Urban rural divide The struggle for independence in Africa had an overarching mission: liberate the country from colonial masters and return it back to Africans. This translated into two strategic imperatives throughout the continent: deracialise the state and de-ethnicise the customary sphere. The rst mission was partially successful in that the state was deracialised, but failed to deracialise the civil society. The post-colonial state was deracialised but it was not decolonised (Mamdani 1996b). The second mission, de-ethnicising the customary sphere, was a major failure around the continent. The effect of the second failure has led to the entrenchment of a racialized civil society which defends itself in the name of individual rights and institutional autonomy (Mamdani 1996b). The edice of Native Authority, the organ of the state tasked with ruling over the mass in the rural side, erected and developed under colonial rule, has remained relatively stable in the post-colonial period with striking continuity. The challenge for the post-colonial state in Africa rests precisely in the second mission of independence, the reform of the customary sphere. In the next section, a short presentation on the attempted reform in South Sudan will be presented to show the dilemma of the post-colonial state in the twenty-rst century. The greatest challenge in fullling a vision of liberal democracy in Africa fails to bear fruits and take roots in the rural side of the country. Discussion and debate often stops at the city limits and is conned to a circle of intellectuals, elites, civil society organisation, and petty bourgeoisie.

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The population in South Sudan is estimated to be around 8.26 million, 83% of which is rural (Southern Sudan Centre for Census 2010). The South Sudan Referendum Act was passed in 2009. It adopted a denition of citizenship which allowed for registered voters to take part in the referendum for self-determination. Articles 25 and 26 outlined the criteria for voting. In order to vote in the referendum, a person had to be:
Section (1): Born to parents both or one of them belonging to one of the indigenous communities that settled in Southern Sudan on or before the 1st of January 1956, or whose ancestry is traceable to one of the ethnic communities in Southern Sudan.14 Section (2): a permanent resident, without interruption, or any of whose parents or grandparents are residing permanently, without interruption, in Southern Sudan since the 1st of January 195615 (SSRC 2010).

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The Referendum Act also dened those who were prohibited from taking part in the referendum. Article 27(3) stated that anyone who met the following criteria could not vote. This referred to:
A: anyone whose ancestry is traceable to one of the ethnic communities in Southern Sudan but who was not residing permanently, without interruption, in Southern Sudan before the 1st of January 1956.16 B: permanent resident without interruption or whose any of the parents or grandparents are residing permanently, without interruption, in Southern Sudan before or since 1st January 1956.17

What is interesting is that the Sudanese state marks its birth with the colonial period. Anyone who lived in South Sudan from 1956 onwards is automatically disqualied. Politics in the rural side reect this legal distinction. The contradiction arises when one looks at how the National Constitution in Sudan addresses the question of citizenship and access to land. The Transitional Constitution for the Republic of South Sudan, promulgated in 2011, provides key provisions about citizens right to vote, Freedom of Movement and Residence, and Right to Own Property (2011). These provisions all touch upon the fundamental problem of citizenship and its relationship to political violence in the post-colonial period. The Constitution is progressive in many ways and provides substantial rights and protections to citizens of South Sudan. It is inspired to a larger extent by the vision of the New Sudan, as articulated by Garang. It recognises that Sudan is a diverse country made up of many nationalities and is a multi-ethnic, multi-cultural, multi-lingual, multi-religious, and multi-racial entity where such diversities peacefully co-exist.18 With regard to right to participate in the political process and vote, Article 26(1) states that:
Every citizen shall have the right to take part in any level of government directly or through freely chosen representative, and shall have the right to nominate himself or herself or be nominated for a public post or ofce in accordance with this Constitution and the law.19 Article 26(2) states that every citizen shall have the right to vote or be elected in accordance with this Constitution and the law.20

With regard to the freedom of movement and residence, Article 27(1) states that:
Every citizen shall have the right to freedom of movement and the liberty to choose his or her residence except for reasons of public health and safety as shall be regulated by law.21

Article 28(1), which covers the right to own property, states that:
Every person shall have the right to acquire or own property as regulated by law.22

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The Constitution thus makes no legal distinction between citizens. It does not enshrine ethnicity in law. It provides for freedom of movement throughout Sudan. It enshrines the right to own and dispose of property by the citizens of the Republic of South Sudan. From this perspective, the document is truly a remarkable achievement. The questions remain about the implementation of those provisions. Like most constitutions in Africa, it does not address the question of nomads. This becomes problematic because it leaves out people who live in the disputed border regions. With a large population of nomads, the question of citizenship for this vulnerable group was left out of the constitution. It is illustrative to study the discrepancy between the ideals of law enshrined in the new Transitional Constitution of 2011. The Constitution is modern in many ways and has wider reach. It provides rights to women, as well as the right to have access to health care and education for all South Sudanese. More importantly, it does away with legal ethnic distinction that is a common feature of many African constitutions. The challenge in South Sudan is less in the provisions of the constitution but more at the state and local level. It is in the former where the success of the reform of the colonial state can best be observed. Despite this progressive stipulation, the challenge in South Sudan is similar to the one that confronts post-colonial states throughout Africa: how to decolonise the state and de-ethnicise the customary sphere; how to straddle the urban rural divide; and how to democratise civil society organisation and institutions of the local government. The case that best illustrates the challenge in South Sudan is reected in the proliferation of counties or ethnic homeland in the period after the CPA was signed. Urban rural divide: proliferation of ethnic homelands One of the states in South Sudan, Eastern Equatoria State,23 had two main districts: Torit and Kapoeta. Kapoeta is home to the Toposa and Didinga. Kapoeta was the rst to subdivide into three counties: north (Didinga), south (Buya), and Eastern (Toposa/Nyangatom). Torit subdivided into three more counties: Magwi (Acholi and Madi), Ikotos (Dongotona and Lago) and Lafon/Lopa (Lopi and Pari) (LSE 2010, pp. 42 43). Today, Eastern Equatoria has eight counties, and this number is increasing. The division is not arbitrary or accidental, but reects the reality on the ground, the local and national politics cited above, and real grievances at the local level. The capital of a county is located in the dominant tribes homeland, which gives the tribe both political representation and access to resources. The most important resource is land. Government representatives are recruited from home areas. This method of ruling and organising the mass of peasantry is not unique to Sudan. It is, in fact, one that is fairly common in Africa. The creation of ethnic federalism, a constellation of tribes with corresponding local governments, can be seen in the case of Nigeria (The Federal Republic of Nigeria 1999), which has a provision in its constitution, called the Federal Character,24 in addition to the Ethiopian constitution (Haile 1997, Mamdani 2005), which mandates that each tribe has a homeland. Uganda has an institution devoted to the management of the mass of peasantry in the rural area called the Ministry of Local Government (Mamdani 1996a). This is an institutional legacy from the British mode of rule in Africa, indirect rule, which functioned on a dual system: one governing over the urban city dwellers and another over the peasants in the countryside (Mamdani 1996a). Even when done with the intent of satisfying certain disenfranchised groups, this policy produces enormous violence and instability within a country. It pre-empts the creation of a true inclusive state and focuses on a mode of governance, which produces many smaller nation-states within the larger state. The area where the contest is erce is around access to land and the question of citizenship.

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The land question is one of the most tested in Sudan. The citizenship question and the land question are related. The denition of citizenship is either based on ethnicity or it is based on residence. These two claims converge in the area of representation in the state as well as claims made to access land and resources. Those who claim citizenship also claim that access to land be based on ethnicity, which is dened as those who are indigenous to the country. Here, Sudan is like its neighbours. When one asks the question: who are these indigenes? The immediate answer is those of us who have always been here, in other words, the natives. The second claim comes from migrant workers, immigrants, refugees, and IDPs. These groups claim that citizenship based on ethnicity is unacceptable. They claim that every citizen should have similar rights. Anyone with the remotest background on African history will notice something which is consistent throughout the continent. Migration has always taken place across Africa, both voluntary and forced. Africa is the original continent of migration. The colonial state is particularly harsh and discriminatory towards those who move out of the demarcated tribal homeland in search of better living conditions, e.g. migrant workers or those forcefully displaced or IDPs. The case of the Banyarwanda in Uganda and in Eastern Congo, the Ghanaians in Nigeria, and the Burkinabe in Ivory Coast is illustrative of these tendencies in the post-colonial period. In each of the mentioned situations, violence has been the outcome of a conict that pitted those dened as natives, or indigenes, to those branded as non-natives or non-indigenes. Both claims should not be dismissed uncritically, but understood to be based on the history of state formation in Africa. The rst demand is rooted in the colonial period, reproduced by the post-colonial state, and the other rooted in the concept of nation-state which provides for equal rights to all citizens with its genesis in the French Revolution. Today, Sudan has the largest number of IDPs in the world. The Internal Displacement Monitoring Centre puts the estimate over 5 million (IDMC 2011). Khartoum continues its policy of ethnic cleansing in the disputed regions with its systematic policy of driving out the Dinkas and replacing them with Misseriya in Abyei. In Southern Kordofan, reports quote key members of the National Congress Party explicitly demanding the ethnic cleansing of the Nubian people from their homeland (Africa Condential 2011). Land allocation for returning IDPs is crucial for survival. This has been a particularly difcult process in relation to access to land, a vital source of livelihood for most southern Sudanese, pastoralists, agriculturalists, and nomads. One report by the Internal Displacement Monitoring Centre and the Norwegian Refugee Council puts the challenge as follows:
Returnees are only allocated residential plots, but for their livelihoods they would also need agricultural land; however this is not being demarcated. The returnees have generally been told that they can cultivate any available land that they nd. However, some returnees told IDMC that they would need permission from the local chiefs to acquire agricultural land; this would not be easy for those who were not returning to their original village (IDMC/Norwegian Refugee Council 2011, p. 3).

Without resolving the crisis of citizenship, reforming land tenure laws, and resolving the conict in the border regions, South Sudan will remain in a perpetual state of war. Success hinges upon those unresolved, yet related, issues: citizenship and access to land, Abyei, Southern Kordofan, and Blue Nile State. These issues also hold the key to a successful nation-building project in the new republic.

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In his recent keynote address to the East African Legislative Assembly Symposium, Mamdani stated that citizenship in Africa has been based on two post-colonial traditions: territorial and ethnic. Mamdani pointed out Tanzanias exception among the East African countries of which South Sudan might soon become a member unless it decides to opt out. He said that Tanzania is the only part of the region where a group has not been persecuted collectively as a racial or an ethnic group. Tanzania is the East African anti-dote to Nigeria (Mamdani 2011a). It can even be argued that Tanzania is not only the antidote to Nigeria but the antidote to Kenya, Uganda, Rwanda, and DRC, where conicts rage over the citizenship question. South Sudan and North Sudan will need to develop a legal framework to address the question of citizenship, particularly the problem of nomads and pastoralists in Sudan and elsewhere, to avoid stateless people throughout the region. It demands the political imagination of de-emphasising descent and emphasising residence as the basis of a common citizenship. In the rst instance, this is a shift from exclusion to inclusion, which broadens the denition of the political community. The need to reform citizenship laws in the post-CPA era was pointed out in a report by a scholar based at the Open Society Foundation who wrote that Non-discrimination on ethnic, racial and religious grounds is the foundation for a stable state while exclusion and discrimination sow seeds of political unrest, economic collapse and war (Manby 2011). One way out of the citizenship crisis is to change the criteria for how citizenship is dened, lest the political right of citizenship be turned into an ethnically dened membership to a native authority (Mamdani 2010). This challenge requires that a persons primary residence be used rather than the origin of the person, while incorporating other methods for assigning citizenship based on marriage, birth in the territory, naturalisation, and descent from a national of Sudan. By allowing consent and voluntary selection of where people want to live, violence can be pre-empted and the nation-building project given a chance to succeed.

Conclusion Looking ahead, there is need to reform the colonial state in both its public and customary spheres, thereby changing how the mass of peasantry is organised, institute land reform laws that reconcile the question of rights with that of justice, and nd a political solution to conict in the disputed regions. The task ahead is not impossible. It simply demands that South Sudanese mobilise to build their country. It demands political imagination to go beyond the colonial state and build unity in diversity among the many nationalities in the South. Colonialism continues to shape the post-colonial state particularly in terms of the use of law as a strategy of institutionalising and legitimating exclusion and discrimination of certain members of society. Any serious attempt to reform the state and build a more inclusive polity will have to start by reforming legal institutions of the state. Any policy designed to bring lasting peace in former colonies must begin with the question of citizenship around which much violence revolves. At the heart of the colonial system of governance was a duality in how the colonised were organised and how those deemed civilised were governed. It was a project enforced by law, where the urban civilised was governed under common law and the native was governed under customary law. Customary law, in turn, discriminated against individuals based on membership in an ethnic homeland. It was a system that privileged those considered natives and discriminated against those considered aliens, foreigners, and non-natives. The challenge for African scholars is to rethink the institutional legacy of late colonialism by going beyond the paradigm,

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which sees colonialism simply as an economic system of exploitation or a political system of domination. By expanding the scope of inquiry, it enables one to understand how the colonial state uses law to de-nationalise individuals, thereby depriving them of political rights. The conceptual framework of the New Sudan remains the most progressive attempt at reforming the colonial state in Sudan. It theorises a political reform of the colonial state in Sudan that is rooted in history of state formation. In taking as a starting point the social fabric that makes up the country, the multiplicity of nationalities, and situating the nation-building project in context and history of state formation, the New Sudan vision sets to move beyond the institutional legacy of colonialism by forging the different nationalities into a nation. This project recognises multiple histories, identities, diversity of religions and races in a plural society. It provides a common future for the people of South Sudan. Race, ethnicity, and history dened the solutions in the past; but race and ethnicity will not dene solutions in the future. The success of the nation-building project will depend on how the Government of South Sudan and the Government of Sudan reform the colonial state inherited at independence and how both countries manage to build a more inclusive state, which addresses the citizenship question. In todays context, that also includes a political solution to the problem of Abyei, Southern Kordofan, and Blue Nile State. Acknowledgement
The author would like to thank Rose Jaji, University of Zimbabwe, and Tijana Gligorevic, Roseman University of Health Sciences, for their insightful comments and constructive feedback on the earlier draft of this article. This paper was submitted for the Council for the Development of Social Science Research in Africa (CODESRIA)s XIIIth General Assembly: Africa and the Challenges of the Twenty-First Century, December 59, 2011 in Rabat, Morocco.

Notes
1. CPA Chapter I: Machakos Protocol, Machakos, Kenya, signed on 20 July 2002. 2. In this paper, Sudan refers to pre-secession Sudan. The Republic of Sudan refers to North Sudan and the Republic of South Sudan refers to Southern Sudan in the post-CPA era. 3. Thomas Johnson and Grahams Lessee v. William MIntosh. 1823. 21 US 543, Cherokee Nation v. State of Georgia. 1831. 21 US 543, and Samuel Worcester v. State of Georgia. 1832. 31 US 515. 4. Mamdani makes a distinction between market-based identities, culture-based identities, and political identities. The latter is a product of the modern state. Political identities are inscribed in law. In the rst instance, they are legally enforced. 5. Chapter II: Fundamental Objectives and Directive Principles of State Policy Paragraph 14 Section (3) of the 1999 Constitution of Federal Republic of Nigeria and 3rd Schedule, Item C-Federal Character Commission Section 7(1) and Paragraph 8 Section (1). Chapter II: Fundamental Objectives and Directive Principles of State Policy, Paragraph 14 Section (3) states The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few State or from a few ethnic or other sectional groups in that Government or in any of its agencies. Paragraph 7 Section (1) establishes the Federal Character Commission and states The Federal Character Commission shall comprise the following members: (a) a Chairman; and (b) one person to represent each of the states of the Federation and the Federal Capital Territory, Abuja. Paragraph 8 Section (1) empowers the Commission and states In giving effect to the provisions of Paragraph 14 section (3) and (4) of this Constitution, the Commission shall have the power to: (a) work out an equitable formula subject to the approval of the National Assembly for the distribution of all cadres of posts in the public service of the Federation and of the States, the armed forces of the Federation, the Nigeria Police Force and other government security agencies, government owned companies and parastatals of the states.

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6. The three leading countries in numbers of refugees in Africa by the end of 2010 were the Republic of the Congo (442,200), Somalia (482,500), and Sudan (351,600) according to the UNHCR 2010 Report. 7. To truly understand the genesis and genocidal impulse of colonialism, its institutional apparatuses which enabled indirect rule in Africa, one has to return to America and see how Settlers dealt with the Indian Question from a legal perspective. Three US Supreme Court cases provide the best examples of how law was instrumental to framing Native Americans, expropriating their lands, extinguishing their title of occupancy, which led to extinguishing a way of life and most of the people who inhabited it. The following cases are instructive of the genocidal impulse of colonialism: Johnson v. MIntosh, 21 US 543, 5 L.Ed. 681, 8 Wheat. 543 (1823), Cherokee Nation v. Georgia State (1831), and Worcester v. State of Georgia (1832). 8. Framing the conict in Sudan as one between Arabs and Africans, Muslim and Christians, north and south is misleading. Garang attempted to shift this paradigm by contextualising the conict and providing an alternative history and causes of the conict by linking the cause to a particular form of the state and demanding that power be fundamentally restructured. One of the successes of the SPLM/A under Garang was to redene the problem in national rather than regional terms. Other scholars have also challenged the racialised history which has been dominant in the colonial and post-colonial period. For alternative explanations, see Mamdani (2009), Idris (2005), Garang (1992), Deng (1995), and Anderson (1999). 9. The current crisis in the disputed border regions and the violence in Darfur is illustrative of the tendency to consolidate an Arab identity while silencing other ethnicities in the North. South Kordofan and Darfur have some of the most diverse, multiethnic, plural communities in the north and west of Sudan. The government in Khartoum has been trying to group these diverse nationalities under one umbrella, Arabs. 10. See footnote 8. 11. CPA Chapter V: The Resolution of Conict in Southern Kordofan/Nuba Mountains and Blue Nile States, signed in Naivasha, Kenya, on 26 May 2004. 12. CPA Chapter V: The Resolution of Conict in Southern Kordofan/Nuba Mountains and Blue Nile States, signed in Naivasha, Kenya, on 26 May 2004. 13. The Department of African and African American Studies at Fordham University convened a one day conference on Sudans Post-Referendum Challenges and the future of its two regions on 9 April 2011, in New York City. 14. Southern Sudan Referendum Act 2009, Article 25(1). 15. Southern Sudan Referendum Act 2009, Part II: Referendum Register; voters eligibility, Article 25(2). 16. Southern Sudan Referendum Act 2009, Article 27(3). 17. Southern Sudan Referendum Act 2009, Article 27(3), Par. A and B. 18. Transitional Constitution of the Republic of South Sudan (2011), Part I, Article 1(4). 19. Transitional Constitution of the Republic of South Sudan (2011), Article 26(1). 20. Transitional Constitution of the Republic of South Sudan (2011), Article 26(2). 21. Transitional Constitution of the Republic of South Sudan (2011), Article 27(1). 22. Transitional Constitution of the Republic of South Sudan (2011), Article 28(1). 23. Eastern Equatoria State is home to the following ethnic groups: Didinga, Buya, Toposa, Nyangatom, Acholi, Madi, Dongotona, Lago, Lopi, and Pari. 24. See footnote 5.

References
Abdullah, I., 2003. When does an immigrant/non-indigene become a citizen: reections on the nation-state project in contemporary Africa. African sociological review, 7, 113117. Africa Condential, 2011. Blood and oil. Africa condential, 52 (3), 3. Amin, S., 1990. Colonialism and the rise of capitalism: a comment. Science and society, 54, 6772. Amin, S., 2000. The political economy of the twentieth century. Monthly review: an independent socialist magazine, 52, 1. Anderson, G.N., 1999. Sudan in crisis: the failure of democracy. Gainesville, FL: University Press of Florida. Arrighi, G., 1979. Peripheralization of Southern Africa, I: changes in production processes. Review (Fernand Braudel Center), 3, 161. Bechtold, P.K., 2009. Darfur, the ICC and American politics.(International Criminal Court). Middle East policy, 16, 149. Beshir, M.O., 1968. The Southern Sudan: background to conict. London: C. Hurst & Co. Churchill, W., 2004. The river war. Whitesh, MT: Kessinger Publishing. Dante, S.J., 2002. Henry Sumner Maines ancient law. Society, 4654, May/June. Deng, F.M., 1990. War of visions for the nation. Middle East Journal, 44, 596609.

530

C. Zambakari

Deng, F.M., 1995. War of visions: conict of identities in the Sudan. Brookings Institution. Ekeh, P.P., 1975. Colonialism and the two publics in Africa: a theoretical statement. Comparative studies in society and history, 17, 91112. Falola, T., 2009. Colonialism and violence in Nigeria. Bloomington, IN: Indiana University Press. Garang, J., 1992. The call for democracy in Sudan. New York: Kegan Paul International. Geneva Declaration Secretariat, 2008. Global burden of armed violence. Geneva, Switzerland: Geneva Declaration Secretariat. Geschiere, P., 2009. The perils of belonging: autochthony, citizenship, and exclusion in Africa and Europe. Chicago, IL: University of Chicago Press. Haile, M., 1997. The new Ethiopian Constitution: its impact upon unity, human rights and development. Suffolk transnational law review, 20, 1. Harir, S.T. and Tvedt, T., eds., 1994. Short-cut to decay: the case of the Sudan. Uppsala, Sweden: Nordiska Afrikainstitutet. Hountondji, P., 1990. Scientic dependence in Africa today. Research in African literatures, 21, 515. IDMC, 2011. Estimates for the total number of IDPs for all of Sudan (as of January 2011) [Online]. Geneva, Switzerland: Internal Displacement Monitoring Centre. Available from: http://www.internal-displacement.org/idmc/website/ countries.nsf/(httpEnvelopes)/0026B2F86813855FC1257570006185A0?OpenDocument [Accessed 16 July 2011]. te dIvoire Land disputes and forced displacement in IDMC/Norwegian Refugee Council, 2009. Whose land is this? Co te dIvoire. Geneva, Switzerland: Internal Displacement Monitoring Centre/Norwegian the western forest area of Co Refugee Council. Available from: http://www.internal-displacement.org/countries/cotedivoire/reports/CDI_SCR_ Nov09.pdf. IDMC/Norwegian Refugee Council, 2010. Internal displacement in Africa. Geneva, Switzerland: Internal Displacement Monitoring Centre/Norwegian Refugee Council. Available from: http://www.internal-displacement.org/ 8025708F004CE90B/(httpRegionPages)/B3BA6119B705C145802570A600546F85?OpenDocument. IDMC/Norwegian Refugee Council, 2011. Brieng paper on Southern Sudan: IDPs return to face slow land allocation, and no shelter, basic services or livelihoods. Southern Sudan: Internal Displacement Monitoring Centre/Norwegian Refugee Council, 2 3. Available from: http://www.internal-displacement.org/brieng/south-sudan. Idris, A.H., 2005. Conict and politics of identity in Sudan. New York, NY: Palgrave Macmillan. LSE, 2010. Southern Sudan at odds with itself: dynamics of conict and predicaments of peace. London: London School of Economics and Political Science (LSE), 4243. Maine, H.S., Sir, 1914. Lectures on the early history of institutions. London: John Murray. Maine, H.S., Sir, 1960. Ancient law: its connection to the history of early society, introduction by J.H. Morgan. London: J.M. Dent and Dutton. Mamdani, M., 1990. The basis of constitutionalism in Africa. The Journal of Modern African Studies, 28, 359374. Mamdani, M., 1996a. Citizen and subject: contemporary Africa and the legacy of late colonialism. Princeton: Princeton University Press. Mamdani, M., 1996b. Indirect rule, civil society, and ethnicity: the African dilemma. Social justice (San Francisco, CA), 23, 145. Mamdani, M., 2001a. Making Sense of Non-Revolutionary Violence: Some Lessons from the Rwandan Genocide: (Text of the Frantz Fanon Lecture to be given at the University of Durban, Westville). Westville, South Africa: University of Durban. Mamdani, M., 2001b. When victims become killers: colonialism, nativism, and the genocide in Rwanda. Princeton: Princeton University Press. Mamdani, M., 2005. Political identity, citizenship and ethnicity in post-colonial Africa: keynote address. Arusha conference: new frontiers of social policy. Arusha, Tanzania: World Bank. Mamdani, M., 2008. Beyond Settlers and Natives: W. E. B. Du Bois Lecture Series. Cambridge, MA. Mamdani, M., 2009. Saviours and survivors: darfur, politics, and the War on terror. New York: Pantheon Books. Mamdani, M., 2010. Congo and Sudan: lessons for Nigeria [Online]. Lagos, Nigeria: The New Gong Magazine. Available from: http://www.thenewgong.com/Mamdani1.html [Accessed 16 July 2011]. Mamdani, M., 2011a. The East African federation: challenges for the future: text of keynote address to the East African Legislative Assembly Symposium, A Decade of Service towards Political Federation, Arusha, 30 June 2011 [Online]. Arusha, Tanzania: Makerere Institute of Social Research & Pambazuka News. Available from: http:// www.misr.mak.ac.ug/index.php?option=com_content&view=article&id=148:mamdani-on-the-east-african-federat ion&catid=1:latest-news&Itemid=50; Accessible also from Pambazuka News http://www.pambazuka.org/en/ category/features/74912 [Accessed 16 July 2011].

Downloaded by [University of Saskatchewan Library] at 04:47 25 August 2012

The Journal of North African Studies

531

` ne. London Review of Books, 33, 3133. Available from: http://www. Mamdani, M., 2011b. The invention of the indige lrb.co.uk/v33/n02/mahmood-mamdani/the-invention-of-the-indigene. Mamdani, M., 2011c. Mahmood Mamdanis talk on South Sudans referendum [Online]. Kampala, Uganda: The Makerere Institute of Social Research (MISR). Available from: http://mak.ac.ug/documents/mamdani/ ProfMamdaniPaperSSudanReferendum.pdf [Accessed 17 March 2011]. Manby, B., 2011. International law and the right to a nationality in Sudan. New York, NY: Open Society Initiative for Eastern Africa. Mantena, K., 2010. Alibis of empire: Henry Maine and the ends of liberal imperialism. Princeton: Princeton University Press. Martin, C., 1991. A peculiar sharpness: an essay on property in the history of customary law in Colonial Africa. Journal of African history, 32, 6588. tat, 1956 2001: frequency, trends and distribution. The journal of Mcgowan, P.J., 2003. African military coups de modern African studies, 41, 339370. Mkandawire, T., 2001. Thinking about developmental states in Africa. Cambridge journal of economics, 25, 289314. Muiu, M., 2010. Colonial and postcolonial state and development in Africa. Social research: an international quarterly, 77, 13111338. Neocosmos, M., 2006. From Foreign Natives to Native Foreigners: explaining xenophobia in post-apartheid South Africa. Dakar, Senegal: Counsel for the Development of Social Science Research in Africa (CODESRIA). Nzongola-Ntalaja, G., 1997. The role of intellectuals in the struggle for democracy, peace and reconstruction in Africa. Journal African journal of political science, 2, 114. Nzongola-Ntalaja, G., 2004. Citizenship, political violence, and democratization in Africa. Global governance, 10, 403409. Peter, W., 2001. War and peace: lessons from the 20th century: the Hoirup Inaugural lecture. Scandinavian review, 89, 5. Pillay, S., 2010. The political imagination of state reform: reections on the making of political community after apartheid in South Africa. CODESRIA Bulletin, (1 2), 3537, Rodney, W., 1972. How Europe underdeveloped Africa. London: Bogle-LOuverture Publications. Said, A., 2001. Citizenship, rights, and the problem of conicts and civil wars in Africa. Human rights quarterly, 23, 148170. Sall, E., 2004. Social movements in the renegotiation of the bases for citizenship in West Africa. Current sociology, 52, 595614. Southern Sudan Centre for Census, S. A. E., 2010. Key indicators for Southern Sudan. Juba, Sudan: Southern Sudan Centre for Census, Statistics and Evaluation (SSCCSE). Southern Sudan Referendum Act 2009, 2010. International Journal of African Renaissance Studies, 5(1), 192 224. SSRC, 2010. Eligibility criteria. Khartoum/Juba, Sudan: Southern Sudan Referendum Commission. SSRC, 2011. SSRC announces nal referendum results [Online]. Juba, Sudan: The Southern Sudan Referendum Commission (SSRC). Available from: http://www.ssrc.sd/SSRC2/ [Accessed 10 February 2011]. Taiwo, O., 1993. Colonialism and its aftermath: the crisis of knowledge production. Callaloo, 16, 891908. The Federal Republic of Nigeria, 1999. Constitution of the Federal Republic of Nigeria, 1999. Decree 1999. The Federal Republic of Nigeria. The Institute for Economics and Peace, 2011. 2011 Methodology, results and ndings. Sydney, Australia: Institute for Economics and Peace. r, L. and Wallensteen, P., 2011. Armed conict, 19462010. Journal of peace research, 48, 525536. Themne The Transitional Constitution of the Republic of South Sudan, 2011 [South Sudan], 9 July 2011. Available from: http:// www.unhcr.org/refworld/docid/4e269a3e2.html [Accessed 8 November 2011]. UNHCR, 2010. UNHCR: Global Trends 2010. Geneva, Switzerland: United Nations High Commissioner for Refugees. UNMIS, 2009. The background to Sudans Comprehensive Peace Agreement [Online]. New York/Khartoum: United Nations: Information and Communications Technology Division/DFS. Available from: http://unmis.unmissions. org/Default.aspx?tabid=515 [Accessed 6 April 2011]. UN News Centre, 2011. UN welcomes South Sudan as 193rd Member State [Online]. New York, NY: UN News Centre. Available from: http://www.un.org/apps/news/story.asp?NewsID=39034&Cr=South+Sudan&Cr1 [Accessed 14 July 2011]. UNSC, 2010a. Report of the Secretary-General on the Sudan, New York, NY: United Nations Security Council, S/2010/388. UNSC, 2010b. Report of the Secretary-General on the Sudan, New York, NY: United Nations, S/2010/681. UNSC, 2011. Special report of the Secretary-General on the Sudan. New York, NY: United Nations Security Council. Williams, R.A., 1990. The American Indian in western legal thought: the discourses of conquest. New York, NY: Oxford University Press.

Downloaded by [University of Saskatchewan Library] at 04:47 25 August 2012

532

C. Zambakari

World Bank, 2011. World Development Report 2011: conict, security, and development, Washington, DC: The International Bank for Reconstruction and Development/The World Bank. Young, C., 2006. The heart of the African conict zone: democratization, ethnicity, civil conict, and the great lakes crisis. Annual review of political science, 9, 301328. Zambakari, C., 2011. South Sudan and the nation-building project: lessons and challenges. International journal of African renaissance studies, 6, 3256. Zambakari, C., 2012. Post-referendum Sudan: the nation-building project and its challenges. Rutgers journal of law and public policy, (forthcoming in 2012).

Downloaded by [University of Saskatchewan Library] at 04:47 25 August 2012