Carter Center: S. Sudan’s draft constitution should reflect inclusive governance
July 2, 2011 (JUBA) – The US-based Cater Center has urged South Sudan’s ruling party to fully demonstrate strong commitment towards inclusive and participatory governance in the wake of the country’s draft transitional constitution, due to be passed next week.
In a July 2 statement issued a week before South Sudan becomes Africa’s newest nation, the Carter Center said it was vital for the South Sudan government to take into account inputs of the citizens in the draft document as well as inform them about the ongoing transition process.
“As Southern Sudan prepares for independence in the face of recent armed conflict with the North, it is critically important that the Government of Southern Sudan (GoSS) and the ruling Sudan People’s Liberation Movement (SPLM) take steps to demonstrate a strong commitment to inclusive and participatory governance,” the Carter Center statement reads.
The Center also appealed to members of Southern Sudan Legislative Assembly (SSLA) to consider taking into account views from cluster groups and other stakeholders, as they embark on final debates on the draft document earmarked for July 6 and 7.
“The SSLA has the right to consider amendments to the draft submitted on May 5 by the Council of Ministers, to ensure sufficient checks and balances on executive power and establish clear guidelines for genuine popular participation in the permanent constitution process expected to begin after independence,” it argued in the statement.
The controversial May 5 draft of the document has been criticised by some opposition groups and some SPLM officials for centralising to much power in the Presidency and not implementing a federal system. Under the proposed constitution the President would have the power to dismiss elected national MPs, state assemblies and governors in national emergencies.
Based on reports it obtained through interviews conducted with civil society representatives, government officials and political members, many southerners, the Center argues, are in support of a decentralised system of government.
Meanwhile the Center lauded efforts by the South Sudan’s legislative assembly for holding public hearings on the draft transitional constitution. The hearings, conducted in Juba, the South Sudan capital were meant to obtain feedback from citizens and the civil society in the semi autonomous region.
However, the Carter Center argues that to “promote stability and build the foundation for genuinely democratic governance in Southern Sudan”, the SSLA should ensure that principles of separation of powers are upheld in the draft transitional constitution as consistent for a genuine constitutional democracy.
The South Sudan’s President Salva Kiir, further advices the Center, should respect SSLA’s role in deliberating on the draft constitutional amendments, while the SPLM and the southern leadership should include diverse political representation in a transitional government to promote broad political consensus in the new nation.
“This will require that political appointees come from across the South and represent parties other than SPLM,” it says.
South Sudan’s Vice President Riek Machar who is a member of the SSLA, was criticised by Kiir for putting forward proposed ammendments to the May 5 draft of the constitution.
South Sudan is due to become independent on July 9 after its population overwhelmingly voted for separation during a January self-determination referendum.
According to the Center, which monitored the referendum, the region still faces enormous challenges, citing the limited time and resources to amending the four year transitional constitution amid the security challenges along the North-South border, as well as food and fuel shortages.
(ST)