JUBA – South Sudan opposition leader Lam Akol Ajawin has called for a significant overhaul of the country’s permanent constitution-making process, prioritizing streamlining to expedite the creation of a permanent constitution that would pave the way for national elections.
South Sudan, which gained independence in 2011, has been operating under a transitional constitution for over a decade. The 2018 Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) promised a permanent constitution by May 2021, a deadline that was missed.
Delays in finalizing the constitution have also postponed elections, hindering progress towards stability. This has cast doubt on the most recent scheduling of elections for December 2024, as key provisions including the constitution remain pending.
Akol, the chairman of the opposition National Democratic Movement (NDM), proposes the most contentious reform of abolishing the National Constitutional Review Commission (NCRC) established in 2022.
He argues that the NCRC’s mandate to draft a preliminary constitution overlaps with the National Constitutional Conference’s (NCC) authority to make key decisions on governance structure and federalism, crucial elements for a functioning electoral framework.
“Since independence in 2011, the South Sudanese people have not had the opportunity to discuss the constitutional setup that suits their aspirations,” wrote Akol.
“A constitutional conference is a forum aimed at affirming people’s will in choosing a constitution that suits them…The NCC is the body that takes the decisions on all matters connected with the constitution and adopts the final text. Too much attention was given to the NCRC, to the extent of even assuming powers reserved for the NCC,” he added.
Akol views the NCRC as an unnecessary hurdle and proposes that the NCC handle public consultations and civic education currently assigned to the NCRC.
He suggests NCC committees visit states and counties to directly engage citizens, ensuring the constitution reflects the public’s will and facilitates credible elections.
Akol further elaborated on the NCRC’s functions and the rationale for its abolishment.
“The powers and functions of the NCRC are spelt out in Article 12 of the ‘Constitution Making Process Act 2022’. These can be summarized as…Recruiting members of the Constitution Drafting Committee…Facilitation and conduct of civic education and public consultation…The central argument for doing away with the NCRC is in regard to its drafting mandate,” he argued.
“There can never be a draft constitution without first resolving at least two cardinal issues. These are the system of rule (will the country be adopting a parliamentary, presidential or hybrid system?) and the type of federalism that best suits the peculiar conditions of South Sudan. The design, form and content of any constitution hinges on these issues. It is the NCC that will make final decisions on these two issues. Hence, the drafting of a constitutional text must wait until that time,” Akol added.
Akol emphasized the urgency of convening the NCC, stating, “The National Constitutional Conference must be convened without delay to deliberate on the constitution and deliver this much-needed and long-awaited supreme law of the land. By this, we would have laid the foundation stone for the stability of the country and sustainable peace, and the possibility of holding long-awaited elections.”
