The unresolved aspects of the Revitalised Peace Agreement and their implications on constitution-making in South Sudan
Publication Summary
This Review identifies and problematizes certain key aspects of the Peace Agreement likely to derail constitution-making process. These four conundrums are:
- whether transitional justice should be preceded by or run concurrent with the constitution-making;
- how enablers of popular participation in a post-conflict constitution-making can be prioritised;
- whether a consensus on the system of governance can be reached before designing a new constitution; and
- the best practices for diminishing elite capture of the constitution-making process.
The Review recommends the SPLM to lead these debates since it led the struggle for independence with a vision to create a prosperous state. The debate should enjoin partners and South Sudanese think tanks, such as the Sudd Institute, Ebony Centre, and the Law and Development Centre of the University of Juba, among others. Evidence-based dialogue on these aspects may diminish prospects for disagreement by the parties and stakeholders during constitution-making.
Joseph Geng Akech is an Adjunct Assistant Professor of Law at the University of Juba. He holds a Doctor of Laws (LLD) in constitutional law, and he has published widely in constitutional designs, human rights, and transitional justice. He may be reached on e-mail: josephgakech@gmail.com.