National building and nation-building are distinct, yet interconnected processes in the formation and consolidation of a political community. In the context of South Sudan, understanding this distinction is essential for addressing the country’s persistent challenges of unity, governance, and stability.
The first stage of nation-building is national building, which refers to the coming together of different nationalities, commonly referred to as tribes, to form a state. In South Sudan, there are currently 64 legally recognized tribes, though in practice there may be more. These tribes historically existed as independent social and political communities with their own territories, customs, and systems of authority.
The process through which these tribes came together to form South Sudan was grounded in the concept of the social contract, a foundational idea in political philosophy concerned with the legitimacy of state authority. Under the social contract, individuals or communities, consent explicitly or implicitly to surrender certain natural freedoms in exchange for collective benefits such as security, order, and the rule of law.
The 2011 referendum on self-determination represents the clearest expression of this social contract in South Sudan. Through the referendum, the various tribes collectively consented to form a new political entity. Upon this voluntary union, South Sudan became a state, not because of cultural homogeneity, but because it met the classical criteria of statehood such as a defined territory, a permanent population, a government, and sovereignty.
South Sudan is therefore a state of nations, rather than a nation-state. It does not possess a single common language or homogeneous culture. Instead, it is a centralized socio-political organization exercising legitimate authority over diverse communities within a defined territory. The state of South Sudan acts as the primary institution for maintaining order, administering law (including customary law), collecting taxes, and providing public services.
Once a state is established, the second and more complex process begins, which is nation- building. Nation-building is an organic and gradual process through which the state seeks to transform diverse tribes or nationalities into a single political and cultural community that becomes a nation. A critical legal tool in this process is nationality and migration law, which defines citizenship and creates a shared legal identity among the population. Through common citizenship, individuals from different tribes begin to relate to the state and to one another as they consider themselves as members of one political community. Hence, beyond law, nation-building relies on shared national symbols and institutions. The shared national symbols and institutions include:
1) A common nationality or citizenship certificate.
2) National and official languages spoken across communities.
3) The national anthem, which functions like a shared civic hymn.
4) The national flag and coat of arms.
5) National leadership and cultural figures.
6) Sporting achievements, infrastructure, and natural symbols
Over time, these elements of national unity foster a shared sense of belonging. The sense of belonging in its ideal form enables a nation to develop a convergence toward of a one people. This refers to as the gradual adoption of common cultural reference points and, often, a dominant shared language. It is for this reason, the nation-building is best understood as an organic process. Just as growth in living organisms occurs naturally over time, nation-building unfolds through lived experience, interaction, and gradual social integration. It cannot be rushed or imposed because it will postpone issues that will resurface with time and take the country back to square one.
Nation-building cannot succeed through violence or coercion. History demonstrates that systems built through force tend to collapse and revert to conflict, as seen in cases such as Sudan and Libya. Forcing tribes into unity constitutes injustice and invites resistance, including secessionist demands, particularly where communities have clearly defined territories.
Moreover, the use of excessive force by the state against its own population risks the commission of international crimes, including crimes against humanity, war crimes, and genocide. In an interconnected global order, states are accountable, not only to their citizens, but also to the broader international community. Thus, true nation-building requires consensus-based processes, such as referenda, constitutional conferences, and inclusive national dialogue. These mechanisms renew the social contract and ensure legitimacy of the authority governing the state.
Choosing an appropriate system of governance is central to successful nation-building. Given South Sudan’s diversity and uneven development, territorial federalism is the most suitable model. Under this system, tribes are governed within their distinct territories, which enjoy meaningful self-rule without full state sovereignty. Power is shared between the central government and territorial authorities. This arrangement balances national unity with regional autonomy, allowing communities to manage their local affairs while remaining integrated into the national framework. Unlike federated states, territories follow a path of gradual integration, making this model particularly suitable for diverse and post-conflict societies.
Nation-building does not require leadership to prioritize itself, but rather to adopt a clear national-building policy. Such a policy must empower citizens to protect both tangible assets such as territory, natural resources, population, military, and economy, and intangible assets or strengths, which include:
1) Moral authority and ethical leadership.
2) Political stability and strong institutions.
3) Skilled and educated human capital.
4) National morale and social cohesion.
5) Positive international reputation and effective diplomacy.
For the state to have a strong foundation, it must have effective leadership with moral authority. Leadership with moral authority, unlike formal authority, flows from integrity, character, and trust. It inspires voluntary followership and shared commitment to a national mission.
The tribes of South Sudan are the building blocks of the nation and cannot be hated or forcefully destroyed because it will lead to the collapse of a nation in the long run. The killing of tribes must be done gradually as the moves from state to nation through nation-building process, which itself is a long-term, organic process. It cannot be achieved overnight, nor can it be imposed by force because it will leave a vacuum when the tribes die before the nation is formed, which is the collapse of the state.
What is required is the correct formula that is through a renewed social contract, inclusive governance, territorial federalism, and principled leadership or leadership with moral authority. Good leadership is the leadership that is tough but fair, the leadership that should not wrong anyone nor allow anyone to wrong another, but will never forgive wrongs unless it is something that can do greater damage unless the compromise is not reached.
Once the process of state-building is placed on the right track, nation-building becomes cumulative. Each generation of leaders can follow the same path, ensuring unity, resilience, and prosperity, which should be the case for South Sudan now and into the future.
Compromising wrong system for the sake of peace is postponing problems that will destroy future generations.
The writer, Juol Nhomngek Daniel, is a lawyer and member of the SPLM-IO. He lectures at the College of Law, Starford International University. He can be reached via email: nhomngekjuol@gmail.com
The views expressed in ‘opinion’ articles published by Radio Tamazuj are solely those of the writer. The veracity of any claims made is the responsibility of the author, not Radio Tamazuj.