The drive in SPLM’s draft transitional constitution!
By Justin Ambago Ramba
May 13, 2011 — The SPLM Political Bureau is clearly using the politics of the belly, Jellaba style, in their ruthless campaign to garner support for their Draft Transitional Constitution which they want to impose on the nascent Republic of South Sudan. To this end they have succeeded in holding their (19) satellite parties and other belly minded intellectuals as hostages.
With abject poverty, underdevelopment and wide spread illiteracy in South Sudan – is it the right thing to do when a constitution is designed to establish a dictatorship instead of strengthening our weak institutions? But how many times should we be told that Africa of today needs strong institutions that can stand the test of time and not again the traditional “Big Man” or “Big Chief” for that matter.
The non-SPLM parties have shown their disapproval of the Draft Transitional Constitution in a walkout protest. President Salva Kiir Mayardit’s choice to undermine the resolutions of the South-South Dialogue and the South Sudan Political Parties Leadership Forum (PPLF) both of which he chaired in October 2010 in the eleventh hour, shows his hidden colour and deserves the walkout.
But for John Luk Jok, the minister, who is not a member of the PPLF to refer to this high level forum as a mere consultative body as if he is the President speaks volumes on how SPLM’s politics of the belly operates.
The real motives of the chairman of the Draft Transitional Constitution Review Committee preferably known to its SPLM members as the Technical Committee, although there is nothing technical left about it following this one huge belly driven document they presented as a Draft Transitional Constitution, remains dubious. Others think that he must be digging a grave for the SPLM party while others think that is just an opportunist trying to secure a living after losing his constituency in the April 2010 general elections despite all that was done by his party in scaring rivals. The author however thinks that he must both without any shadow of doubt.
It is true that we are not holding a public trial, but citizens of South Sudan from all walks of life who are now meticulously scrutinizing the Draft Transitional Constitution, will only end up acknowledging how this document has fallen short of their aspirations for democracy, pluralism, political freedoms and constitutional federalism. Sadly enough all this takes place while a blanket silence continues to prevail within the ruling SPLM party, and there is the probability that this Draft Transitional Constitution may never receive the necessary amendments should the loyalists continue to be hostages of the notorious ‘politics of the belly’.
Sometime back the Drafted Transitional Constitution guru had tried to justify his inclusion of Abyei into his drafted document by appealing to the emotions and sentiments of the people of South Sudan as if all that the Abyei needs now is another emotionally motivated political miscalculation. But who can deny that the independence of South Sudan which is about to be declared on the 9th of July came as a result of not just a bilateral commitment to the articles of the CPA which approved for the self-determination referendum, but rather a culmination of multilateral diplomatic endeavours which witnessed shuttles between Juba – Khartoum- Washington – New York and Addis Ababa.
The above being the case, how on earth did our legal guru expect the unilaterally action of his committee to decide the fate of Abyei when it comes in violation of all the multi-lateral obligations to which his party remains a partner? Is a unilateral decision on Abyei something that can get the blessings of our friends in Washington DC, London or Oslo?
But now that the issue of Abyei is back to the rightful forum, we hope that our Dinka Ngok brothers and sisters do not miss the point that a military solution is not an option. And while an international political will exists, negotiated settlement is still possible.
Yet this far, this Draft Transitional Constitution that H.E John Luk Jok would want to be remembered as his success story, does not in any way represent the spirit of South Sudan nationalism for its general trend is very much influenced by the politics of the belly, while we are only a few weeks from the much anticipated day……..the day of our Independence!
Equally disturbing is the attitude expressed by the Speaker of the South Sudan Legislative Assembly (SSLA), for it is yet another indication of how the SPLM has planned to “belly-doze” their sinister Draft Transitional Constitution. The Speaker’s stress for the SSLA to quickly pass the Draft Transitional Constitution into law, clearly suggests that what the MPs are expected to do is no more than proof reading for missing capital letters and things of the kind. First reading…..pass, second readings ….pass. For the rest, see the first.
I will not be going into whether this SSLA was in any way meant to be the body to handle this document (the Draft Transitional Constitution), however assuming that per the status quo, they present now the only hope to save the nascent Republic of South Sudan from the pro dictatorship articles implanted in place by Kiir’s good friend, H.E John Luk Jok, the Minister for Constitutional and Legal Affairs in his capacity as the decreed chairman of Constitutional Review Committee. Many doubt this and as the clock ticks, the doubts grow more and more.
Will God Almighty ever intervene in the last minute and save South Sudan from this one hell of a constitution just as He intervened to put the issue of Dinka Ngok of Abyei in its solvable context? Once The Lord Jesus Christ while teaching his followers, He asked them as to who amongst them could give a stone to their hungry children when they ask for bread?
Although The Lord’s teaching is supposed to a straightforward one, unfortunately for the people of South Sudan when they are asking for a Federal Constitutional Democracy and a broader consensual participation by citizens of all political colours, disappointingly, President Kiir and his legal aids in one big conspiracy are adamant to give the people a one-man dictatorship in a heavily centralised system. How many of you out there have hidden their heads in the sand and refuse to see this in an exchange for a full belly?
Of course, power sharing with the other South Sudanese political parties is not what the SPLM stands for. We know that it believes in ‘the winner takes it all’ philosophy’. This is partly because the SPLM leadership is new to the whole idea since their only experience has been the power sharing of the Sudan CPA as dictated by the peace agreement itself. That power sharing was not exclusively between the two former foes as it went on to include virtually all political parties in the country.
The argument that power sharing only exists between former foes is just another ‘bush school’ argument, for many groups who never used the AK 47 were also represented in that the Government of National Unity (GoNU), the Government of South Sudan (GoSS) or other state governments of the northern states. But was H.E John Luk right in suggesting that his SPLM will only share power with the armed rebels? Well if that is an official party position, then he need not look far as there are already rebels who would want to make that policy position a reality. But at whose expense sir?
On the other hand, soon it won’t be the opposition parties who will continue the talk on power sharing, for is it not in the Draft Transitional Constitution of Justice john Luk Jok as the President Salva Kiir Mayardit will be handed all the powers and him and only him alone who will determine what happens or what doesn’t?
And even if H.E John Luk Jok were to survive the new cabinet appointment, he will remember my words when he gets into a ministry that is run by a duplicate within the presidents close circles. The past six years under Salva Kiir has seen unbelievable scales of corruption when the constitution could have stopped him. What about the statement that power corrupts, and now you are giving him an absolute one to fire and hire without consultation even of those who came to office through popular votes (State Governors and State Assemblies). You are intentionally killing democracy, aren’t you?
People of South Sudan have every right to discuss this controversial Draft Transitional Constitution amongst themselves and their representatives in the SSPLA and elsewhere. If you fail to bring about the much need amendments and alternations to this constitution, the 9th of July 2011 will only witness tribal dances that have historically been danced even to the enemies over the century history. Are we hurrying the people to dance that dance or is it about Independence, freedom, democracy and shared citizenry.
As President Kiir adopts the politics of the belly as an SPLM principle for action in the post independence, it only confirms the blunders and massive unchallenged corruption for which the GoSS is better known for and will obviously be how our people will continue to remember this period in our history for years to come.
The Draft Transitional Constitution allows for a huge double deck House of Legislation, Ministers, Deputy Ministers and all kinds of political accommodation by SPLM for its members including those who served in the government of national unity (GoNU) and the National Parliament in a country(United Sudan) which will soon become history come 9th July 2011 . This is a text book example of the politics of the belly and SPLM wants these people to eat, isn’t that the case? Unfortunately, this comes at the expense of the badly needed services. But worse still these repatriated, reinstated and reintegrated (RRR) legislators and ministers are all SPLM ‘YES ‘people whose loyalty is to President who is now taking care of their bellies. Can such blackmailed politicians ever oppose the leadership when the peoples’ interest calls for that? Of course not.
The SSLA would be tempted not to disappoint the SPLM Political Bureau which is the ”hand in glove” in manipulating the political landscape of South Sudan since the run-off to the general elections in 2010. It undermined the preferences of its grass roots and ended up harvesting a good crop of independent candidates.
However, this time around we count on the true sons and daughters of South Sudan to again look beyond the narrow party lines and stand against the adoption into law of this Draft Transitional Constitution unless its receives the necessary polishing, alternations and amendments. Allowing this anomalous document to become law will impact negatively on the Permanent Constitution, because those who constructed the current draft intend it to serve as the future template. A stitch in time saves ten. Let history record you on the right page my fellow compatriots.
The author: Justin Ambago Ramba. Secretary General – United South Sudan Party (USSP).He can be reached at [email protected] or [email protected]