Saving South Sudan

The proposed Constitution of the United Tribes of South Sudan (UTSS)

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This is a proposed new Constitution for South Sudan, where you can discuss it, change it, and discuss your changes.

This is an adaption of the U.S. Constitution. After each paragraph there is a link to (1) the corresponding paragraph of the U.S. Constitution, so you can see how it was changed, (2) discussion of how much sense it makes for South Sudan, and (3) relevant Scripture.

The beginning section is a statement of intent that summarizes what government should do, and what it should not be allowed to do.

The last section explains what the residents of South Sudan need to do to make this Constitution the law of the land: Tribes need to hold public meetings to discuss and vote on the options in a new government, in their tribal councils, churches, and/or other large gatherings.

But since it is not safe to do that in South Sudan while a dictator cancels elections, closes newspapers, arrests if not murders reporters, and changes the Constitution that already made him a dictator, the last section also explains what Refugees need to do to create the safety necessary for South Sudan residents to hold meetings. Refugees need to discuss the options privately with their resident families as they meet with other refugees to pool information and unofficially confirm support for a new constitution. Refugees need to report these results to NGO's, investors, and other international authorities who have an interest in a stable South Sudan.

Your contribution is welcome. Sign your contribution with 4 tildes (~~~~). The simplest way to contribute is on the "Discussion" page, which is like a place to leave comments. Or you can clarify something on this page, from fixing typos to adding a paragraph, or a section, or a whole new article. For suggestions how, please see The Forum#Ways you can contribute. For sample verbiage and codes to help you do this, that you can copy, paste, and adapt, see Template.

Preview - Declaration of Intent

We the people, of the United Tribes of Sudan, create this Constitution and limit it to the following purposes:

(1) to create a framework of cooperation between tribes that is fair to all Tribes, without interfering with how tribes choose to manage issues and commerce between their own members, especially within their own borders.

(2) to set up courts and police to deal with crimes and injustice across tribal boundaries, but without jurisdiction over crimes between a tribe’s members.

(3) to provide armed forces ready to defend the UTSS from external military threats, and to mediate conflicts between tribes when asked, but without legal authority to invade any tribe, or to arrest or execute any individual.

(4) to support infrastructure like roads, utilities, currency, and communications which cross tribal boundaries and which are for the use of all tribes. (Including matters like managing water quality, or access to natural resources, but without robbing natural wealth to enrich leaders and employees of the federal government.)

(5) to protect small tribes from being overpowered by large tribes by giving a nearly equal voice to every tribe, regardless of size, in the Senate – while protecting large tribes from having their votes canceled by small tribes by allotting them representatives, in the House, proportionate to population – and requiring the agreement of both the House and the Senate before any law can pass. (This balance was explained in 1833.)

(6) To balance the interests of small and large tribes (or, small and large populations) by having the President elected, neither directly by the people (which would leave small populations no real voice), nor directly by Tribal Councils (which would give small populations a disproportionate voice), but by Electors designated from their tribes, equal in number to the number of their tribe’s Senators and Representatives.

(7) To give an equal vote to every adult regardless of education or political experience in selection of Representatives to the House, while tapping the best wisdom and political experience of Sudanese by having Tribal Councils, composed of the most involved, most concerned, citizens, select Senators.

(8) To give voters frequent opportunity to replace leaders not leading as voters desire, by letting voters completely replace Representatives in the House every 2 years, while allowing leaders to acquire experience, and to pursue projects whose benefits may not be immediately clear to the public, and to better survive popular but fickle passions, by giving Senators staggered 6 year terms so that every two years, the most that voters can remove of them is one third.

(9) To let voters be honest in their choice for leaders by using a secret ballot, in the selection of Representatives to the House, to eliminate fear of retaliation as a factor – while tapping the courage and convictions of those most willing to speak openly in Tribal Councils, regardless of cost, in selection of the Senate. (Wisdom shines brightest when people who disagree can reason together, face to face, not hiding behind anonymity. Proverbs 15:22 “Without counsel purposes are disappointed: but in the multitude of counsellors they are established.” But truth and honesty always cost.)

(10) to protect South Sudan from dictatorship by not allowing the President to write laws, judge violations of laws, appoint lawmakers, or remove lawmakers.

(11) to protect freedom of religion, which means there can be no federal law, passed by Congress, forcing anyone to attend, give to, agree with, or pay taxes to, any religious organization.

Nor any law that limits the free expression by any citizen or government official of any religious view, but especially these principles found exclusively in Christianity: abhorrence of slavery, of torture, of war (except in self defense), of less than equal protection of the laws for the most vulnerable (women, children, orphans, immigrants), of bribes, and of sexual violence.

However, federal laws may restrict speech – even religious speech – which persuasively calls people to commit crimes as defined by the laws of Congress, (which represent the majority of South Sudanese voters), on communication platforms which cross tribal boundaries.

(12) Examples of purposes and powers not held by the federal government, but that are left with states, churches, and individuals: welfare, marriage, divorce, education, general scientific research (on matters outside its jurisdiction).

Article 1: Congress

Section 1: The House

The Legislature of the United Tribes of Southern Sudan, consisting of a Senate and House of Representatives, is the only body authorized by this Constitution to create laws.

Members of the House of Representatives will be elected every two years, from each tribe, by the adults of that tribe, by secret ballot. Candidates must be as qualified as leaders of their Tribal Council. The President has no legal power to appoint Representatives, remove Representatives, or to influence elections by any exercise of law.

Representatives must be at least 25 years old, a citizen of South Sudan at least 7 years, and must live in the Tribe where he was elected, at the time of the election.

The populations of the Tribes will determine how many Representatives they have in Congress, and how much tax each Tribe owes directly to the UTSS.

Refugees in the Bush and in refugee camps, who do not pay taxes to the Tribes, and do not participate in elections, will not be counted as part of the populations of the Tribes.

The Census, which shall record only the NUMBER of eligible voters – not names, addresses, or children – shall be made within three years after the first meeting of the Congress of the United Tribes, and every 10 years afterwards, as Congress directs by law.

There will be one Representative for every forty thousand population, using rounding to establish the number. Until the first census is conducted, the following chart shows the Representatives allowed each tribe. Representatives of tribes numbering less than 10,000 will have 1/2 vote and 3/4 the expense account of other representatives; representatives of tribes numbering less than 5,000 will have 1/4 vote and 1/2 the expense account. Their tribes may make up the differences, and their representative will have the same right to speak as others, or may combine with other small tribes to reach a total 10,000 population and elect someone to represent them.

Tribe	Population	Representatives	Senators
Acholi, Shuli	66,000	2	2
Ageer	30,000	1	1
Aja	300	1/4	1/4
Anuak, Yambo	99,000	2	2
Arab, Mongallese	86,000	2	2
Arab, Sudanese	458,000	11	2
Avukaya	56,000	1	2
Azande, Zande	808,000	20	2
Bai, Bari	8,600	1/2	1/2
Banda, Mid-Southern	3,400	1/2	1/4
Banda, Togbo-Vara	2,800	1/4	1/4
Banda, West Central	7,500	1/2	1/2
Banda-Banda	4,900	1/4	1/4
Banda-Mbres	9,900	1/2	1/2
Banda-Ndele	2,300	1/4	1/4
Bari	575,000	14	2
Baya, Gbaya	15,000	1	1
Belanda Bor	19,000	1	1
Beli, Jur Beli	74,000	2	2
Biykol	700	1/4	1/4
Bongo	16,000	1	1
Bug, Mangayat	900	1/4	1/4
Buldit	6,000	1/2	1/2
Chinese, general	2,100	1/4	1/4
Daanasach	5,600	1/2	1/2
Deaf	?	?	?
Dhr Thuri, Wada	8,900	1/2	1/2
Di'dinga, Xaroxa	76,000	2	2
Dinka, Central	66,000	2	2
Dinka, Northeastern	906,000	23	2
Dinka, Northwestern	95,000	2	2
Dinka, South Central	797,000	20	2
Dinka, Southeastern	286,000	7	2
Dinka, Western	3,205,000	80	2
Dongotono	5,700	1/2	1/2
Gweri, Mo'da	1,700	1/4	1/4
Homa	5,500	1/2	1/2
Indri, Yanderika	1,500	1/4	1/4
Ingessana, Gaam	33,000	1	1
Jumjum	8,100	1/2	1/2
Jur Modo	135,000	4	2
Kakwa, Bari Kakwa	112,000	3	2
Kaligi, Feroge	20,000	1	1
Kaliko	12,000	1	1
Koguru	600	1/4	1/4
Koma	4,600	1/2	1/2
Kresh, Kparla	4,000	1/4	1/4
Kuku, Bari	39,000	1	1
Lafon, Pari	60,000	1	2
Langgo	48,000	1	2
Lokoya, Owoi	64,000	2	2
Lopid, Lafit	88,000	2	2
Lotuho, Latuka	234,000	6	2
Luo	193,000	5	2
Ma'adi	26,000	1	1
Maaban	2	2
Mondari, Chir	80,000	2	2
Morokodo, Ma'di	57,000	1	2
Moru, Kala Moru	173,000	4	2
Mundu	57,000	1	2
Murle	148,000	4	2
Narim, Lariminit	8,800	1/2	1/2
Ndogo	23,000	1	1
Njalgulgule	2,600	1/4	1/4
Nuer, Naath	2,060,000	51	2
Nyamusa-Molo	1,900	1/4	1/4
Nyangatom	15,000	1	1
Olubogo, Ondoe Luloba	25,000	1	1
Opuuo, Shita	4,000	1/4	1/4
Reel, Atwot	87,000	2	2
Shilluk, Dhocolo	432,000	11	2
Suri, Kacipo-Balesi	5,700	1/2	1/2
Taposa	234,000	6	2
Tara Baaka, Mbaka	46,000	1	2
Tennet	11,000	1	1
Uduk	5,300	1/2	1/2
Viri, Belanda Viri	55,000	1	2
Yulu	3,400	1/4	1/4

When Representatives die or quit, the Chiefs of their tribes shall call an election to replace them. No part of the federal government shall have any authority over their selection.

The House of Representatives shall choose its own officers. Only the House has authority to initiate an “impeachment”, which means to charge the President, a federal judge, a Senator, a Representative, or a department head, for noncriminal offenses. The House cannot convict, but only “impeach”; it is the Senate which must then hold trial, with the power to convict and remove from office.

Section 3, Senate

The Senate of the United Tribes shall be composed of two Senators from each tribe with a population of at least 40,000, one senator from tribes with a population of between 10,000 and 40,000, and just as for the House, 1/2 vote for tribes between 5,000 and 10,000, and 1/4 vote for tribes less than 5,000.

Senators shall be chosen by the Tribal Councils of the tribes they represent, for six years; and each Senator shall have one vote. No part of the federal government has any legal authority over any part of the selection of any Senator.

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