Promote public participation in constitution making process: analysts
January 27, 2022 (JUBA) – South Sudan should open up space and allow public participation in its constitutional-making process, political analysts said.
James Okuk, the author of a report released by the German-based Friedrich Ebert Stiftung said citizens should demand for reforms from their government and that how government responds to these demands will determine whether their new social compacts lead to a durable peace.
This report draws experiences from the work of scholars and constitutional experts who have been exchanging ideas about how to ensure that modern constitutions incorporate the needs and aspirations of the citizens.
Okuk outlined five points to promote Inclusive public participation, stressing that only an inclusive process reflective of the breadth of South Sudanese society will make the permanent constitution a legitimate living supreme document of social contract and rule of law enhanced by best practices.
He, however, said public participation and civic education must go hand in hand, stressing that only a well-informed public will be able to meaningfully participate and feed into the institutional process of constitution-making.
“Adequate resources must be allocated and accessible mechanisms for civic education and public participation developed,” explained Okuk.
According to the analyst, institutions must be adequately prepared to do their job, further pointing out that rigorous planning, sufficient and timely resource allocation and adequate staffing (including 35% women representation) of constitution-making organs are a necessary requirement for a credible constitution-making process.
Daniel Deng, a US-based South Sudanese with a legal background, argued that lack of political will and conducive environment has made it difficult to advocate reforms aspired by the citizens in South Sudan.
“There is no blueprint for how to make a constitution. You see that last two decades have witnessed nothing substantial with regards to constitution-making. The experience underscores that inclusive and participatory constitution making should address root causes of conflict and sectarian divisions and ensure that the political process benefits from the full contribution of all citizens, including women and youth”, Deng explained.
According to the South Sudanese analyst, constitution makers must have the political will to carry out a genuine process of civic education and consultations, in which the views of citizens are carefully considered.
“The constitution makers must carefully apply guiding principles, such as transparency and inclusion, and ensure that sufficient time and resources are allocated to the process,” Deng stressed.
He added, “A nationwide participatory process must be well managed to avoid risks and reap benefits”.
South Sudan gained independence in July 2011, but plunged into a civil war in December 2013, suspending all aspirations for reform and efforts for nation building.
(ST)