Head of constitutional review agency says no elections without permanent constitution

JUBA – The head of South Sudan’s National Constitutional Review Commission (NCRC) warned Friday that holding elections before a permanent constitution is in place would violate the terms of the revitalized peace agreement.

Speaking to reporters after the commission’s inaugural meeting in Juba, Riang Yier Dhuor cautioned that, while the 2018 agreement paves the way for elections, the ballot box remains sealed until the permanent constitution is finalized.

Looming just beyond the horizon are South Sudan’s first polls since independence in 2011, scheduled for December 2024. But the absence of a finalized permanent constitution casts a long shadow, posing a significant obstacle to this historic exercise in choosing their leaders.

Dhuor, a member of the main opposition SPLM-IO, emphasized that the constitution-making process must remain faithful to the agreement’s technical requirements, ensuring a balanced and just foundation for the future of South Sudan.

“The constitution-making process is a process that has been prescribed by the agreement and that prescription has been reflected by the constitution-making process act, our understanding is that we must do per the agreement,” said Dhuor said.

“The work of making this constitution is technical and there are prescriptions made in the agreement,” he added.

He underlined the crucial connection between the constitution and elections, stating that the former must be completed before the latter can be held. However, the exact timeframe remains uncertain due to the process’s intricacies.

“It is known to all of us that the elections are to be guided by the constitution. The constitution has to be in place first before the elections but when do we finish making the constitution? This is the question that remains unanswered because it will depend on the technicality of the process,” he stated.

“According to the agreement, without the constitution, the election will not be possible,” he added.

Dhuor’s remarks come amidst President Kiir’s controversial call for elections next December, despite opposition and international concerns about holding them before necessary reforms are implemented.

During the Commission’s inauguration on Wednesday, Kiir urged it to expedite the drafting of the permanent constitution.

Dhuor pledged his support to the Commission and expressed his commitment to ensuring a successful constitution-making process that will pave the way for a new political era.

The NCRC’s mandate includes comprehensive public consultations, collaboration with non-state actors and media, analyzing public input, and conducting civic education after the constitution’s adoption.