1. South Sudan

2. State building should be… Endogenous development (from within) And should involved… State-society bargaining to build more effective, legitimate and resilient states Not about transferring institutional models but… …local political processes which create public institutions and generate their legitimacy in the eyes of a state’s population

3. In reality… Donor managerialism… …& its quest for rapid modernisation of South Sudan’s fragile state… …diverts scarce resources… …into unhelpful ideological battles

4. 2005 CPA period starts2011 Independence Referendum Modernising forces – donor supported/driven SPLA Act Police Act Criminal Code etc SPLA/SPLM GoSS Elections RSS Emphasis on formal institutions, laws, etc Focus on individuals

5. Modernisation through workshops Who could turn down: – ‘enhance development practitioners’ facilitation skills for the capacity-building of gender-disadvantaged women’? Everyone likes the rules of the game – but what are they? – and for whose game? And if there appear to be no rules, let’s introduce them: – Criminal Code – Police Act – Penal Code – SPLA Act

6. And if something’s missing…? ‘We look at it and we say what is needed and we provide it….’ – E.g. Joint Operations Centres in all states ‘…Instead, we should come in and ask what is working.’

7. 2005 CPA period starts2011 Independence Referendum Modernising forces – donor supported/driven SPLA Act Police Act Criminal Code etc SPLA/SPLM GoSS Elections RSS Emphasis on formal institutions, laws, etc Focus on individuals Customary law/Cultural practice (local) Violent hinterland Traditional chiefs/Local authorities Counties; Payams; Bomas Dynamic Emphasis on negotiation; compromise; restoration The group matters Alcohol Youth violence Gender roles Land use Education Factors and Trends Violence Trauma Food security Key choices & clashes

12. Resistance to OECD ideology… OECD ‘normative state’: – ‘the way you did it in the west is the way you want everyone to do it – but in a fraction of the time’ – ‘you want a ‘right-sized’ army but a big army is how we keep everything in balance’ Multi-party democracy – ‘you want one party per tribe? Chaos’ Duty bearers & rights holders, civil society holding government to account – ‘you think government is bad, and everyone else good’ Gender Equality – – ‘you want two commanders in the household and that doesn’t work.’

13. SPLM counter ideology emerging… New rules – generated by SPLM – The Draft NGO Act (curbing external service providers) – Draft Civic Engagement Act (curbing externally supported human rights work) – Others to come? (anti-terrorism, media limitations, anti- homosexuality, tax & land?) – ‘Gender’ terminology banned; ‘women’ ok Distraction from own process of society-state bargaining

14. Donor response to Political Economy Analysis ‘Interesting but it doesn’t really change anything does it?’ (UK) ‘You shouldn’t be wasting your time doing this kind of thinking…’ (US)

15. 2005 CPA period starts2011 Independence Referendum Modernising forces – donor supported/driven SPLA Act Police Act Criminal Code etc SPLA/SPLM GoSS Elections RSS Emphasis on formal institutions, laws, etc Focus on individuals Customary law/Cultural practice (local) Violent hinterland Traditional chiefs/Local authorities Counties; Payams; Bomas Dynamic Emphasis on negotiation; compromise; restoration The group matters Alcohol Youth violence Gender roles Land use Education Factors and Trends Violence Trauma Food security Key choices & clashes Informal/Non-formal web of relationships which affect all decisions

19. 7 Guiding Principles (from Ethiopia) 1.Prioritising the hardest-to-reach civil society and citizens 2.Focussing on people and on their capabilities and assets and traditions, not undermining these strengths 3.Building trust 4.Incentivising innovation & creativity 5.Social equality 6.Promoting decision-making at the most local level possible 7.Achieving best value for resources for poor people

20. Aim for more incremental convergence of modern & customary Invest in people and processes that facilitate convergence – rather than fuel the ‘stand off’ Find language which is based on commonly accepted principles, rather than contested

21. 2005 CPA period starts2011 Independence Referendum Modernising forces – donor supported/driven SPLA Act Police Act Criminal Code etc SPLA/SPLM GoSS Elections RSS Emphasis on formal institutions, laws, etc Focus on individuals Customary law/Cultural practice (local) Violent hinterland Traditional chiefs/Local authorities Counties; Payams; Bomas Dynamic Emphasis on negotiation; compromise; restoration The group matters Alcohol Youth violence Gender roles Land use Education Factors and Trends Violence Trauma Food security Key choices & clashes Informal/Non-formal web of relationships which affect all decisions Convergence