Constitution-making is not a Race against Time
Publication Summary
The debate on constitution-making in South Sudan is gaining momentum with three proposals in the limelight. The first is the Sudd Institute’s proposal which calls for certain precursors to be addressed for there to be a smooth political transition through democratic elections. The second is an appeal to delink constitution-making from the hysteria introduced by time constraints linked to the peace agreement timelines. The third proposal is by the Ebony Centre for Strategic Studies, which recommends constitution-making through an elite-led Constitutional Convention. The Ebony’s authors contend that a new constitution could be promulgated by December 2022. This Weekly Review discusses these propositions and contends that:
- The constitution-making process should be delinked from elections and other legal and institutional reforms outlined in the peace agreement.
- This is because South Sudan does not have the requisite wherewithal and necessary enablers to embark on a constitution-making process unless it addresses the Sudd Institute’s ‘fundamentals.'
- The legitimacy of the resulting constitution will only be realized if the process is inclusive of all South Sudanese, constituencies, and groups.
- Prioritizing certain aspects of peacebuilding and security would pave the way for elections to be held under the new elections Act with consensus that an elected government shall steer the ‘permanent’ constitution-making process.
- This would allow the government to utilize the remaining window under the Transitional Period to (a) prioritize people-to-people reconciliation and national healing, (b) register political parties, (c) review necessary legislation, including electoral laws, (d) return and resettle displaced persons, and invest in socioeconomic programs, including immediate humanitarian assistance to the affected population and (f) conduct national census to delineate the constituencies in preparation for national elections.
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.