Nimule Declaration by Civil Society Resource team on the constitutional making process

Nimule Declaration by Civil Society Resource team on the constitutional making process

22 May 2013

A declaration by the Civil Society Resource Team on the Constitution Review Process on completion of a strategy retreat on the civil society constitution review process
Aware that the CPA, the Interim National Constitution of the Republic of Sudan and the Interim Constitution of the Southern Sudan as well as the present Transitional Constitution of the Republic of South Sudan were provisional documents that were hastily agreed upon to provide the legal and political framework of governance of Sudan, Southern Sudan and South Sudan respectively during the transitional period and as such, their making was not inclusive of the participation of citizens;

Acknowledging that the process of writing the constitution is a politically sensitive, and complex pursuit that requires critical thinking, wide know how, exposure and commitment of both state and non state actors, and the good will of the government;

Concerned that despite the National Constitution Review Commission having been formed over one year ago, the Commission has yet to meaningfully start its work;

Further concerned that even with the extension of its mandate, the National Constitution Review Commission may not be able to effectively conduct public consultations and collection of citizen’s views on the constitution in good time and thus deny the people of South Sudan the opportunity to make a pro-people constitution;

Appreciating that the Civil Society Resource Team on the Constitution Review Process have so far undertaken citizens’ constitution dialogues in nine out of the ten states, in addition to civic education and consultations at county level, reaching out to over 1000 citizens, and has thus partially undertaken the commitment to promote popular participation in the constitution making process as was agreed at the first civil society retreat held in Yei 27th of April 2012;

Hoping that the National Constitution Review Commission will be willing to consider submissions from civil society collected from the citizens across the ten states of South Sudan;

Reaffirming the commitments and responsibilities we took up in Yei that we will contribute towards a democratic, peaceful and prosperous South Sudan governed by a pro-people constitution that reflects values and aspirations of ‘Zol Maskin’;
Inspired by our team spirit and solidarity;

We the undersigned members of the Civil Society Resource Team on the Constitution Review Process, having evaluated and shared our experiences in the process so far and agreed on our plan for the next six months, do hereby reaffirm the commitments we made in Yei, and further commit ourselves to;

• Continue a coordinated civil society outreach towards inclusion of citizens across the country in the constitution process alongside a communication strategy to publicize issues arising from the process

• Collate and analyze the key findings and recommendations that have been collected from the citizens of the republic of South Sudan in nine states and several counties of this nation by various Civil Society Organizations within the Resource Team for eventual submission to the National Constitution Review Commission;

• Continue the civic education process including the collection and collation of people’s views among in the remote areas and among “marginalized” groups like the youth, women and persons with disabilities

• Plan and implement the last citizens’ dialogue that will take place soon in the Central Equatoria State in the last week of June

• Continue to engage with key stakeholders in the process to share information and advocate for the inclusion of the citizen’s views and aspirations

Consequently, We do hereby recommend the following:

• That the government provides the necessary political will to enable the Constitution review Process to forge on
• The National Constitution Review Commission adheres to its mandate and start civic education and collection of citizens views as soon as possible in order to ensure a constitution that reflects the will of the people
• That the Government releases funds for the National Constitution Review Commission to implement its mandate
• That donors and International Community funds and support the National Constitution Review Commission process as well as the civil society constitution process.
• That the National Constitution Review Commission implements its strategic plan

We call for a constitution that:

• Ensures that the Executive is legally limited in its powers and checked by thre Judiaciary and the Legislature
• Respects and promotes human rights including those of marginalized groups, such as the rights of persons with disabilities
• Guarantees separation of powers of the three organs of government
• States the exact date of election
• Clearly defines:
• citizenship and nationality,
• the official language,
• the role of traditional authority and local government,
• the modalities of implementation of the 25% affirmative action, affirmative action for disadvantaged groups like persons with disabilities,
• good financial management systems, and
• mechanisms of addressing problems surrounding tribalism and corruption

For more information you can contact the Civil Society Resource Team/ Media Team of the civil society on Constitution making process;

• Peter Gai Manyuon, Senior Communications Specialist-SSLS
• Edemond Yakani, Program Coordinator CEPO

• Voice for change (VOC)
• Community Empowerment and progress Organization (CEPO)
• South Sudan Action Network on small Arms (SSANSA)
• South Sudan Law Society (SSLS)
• Equotoria Rehabilitation and Development Association (ERADA)
• South Sudan National Democratic Elections (SSUNDE)
• Organization for Nonviolence and Development (ONAD)
• South Sudan Human Rights Society for Advocacy (SSHUSA)
• Catholic Radio Network-Juba (CRN)
• South Sudan Democratic Engagement Monitoring and Observation Programme (SSDeMoP)
• South Sudan Youth Peace and Development Organization (SSYPADO)
• Generation Agency for Development and Transformation-Pentagon (GATDET-Pentagon)
• Southern Sudan Deaf Development Concern (SSDDC)