South Sudan opposition group rejects new constitution before end of war

JUBA – A South Sudan opposition group has issued a statement rejecting the recently launched permanent constitution-making process, saying South Sudan’s today problem is not a constitutional issue, but a problem of leaders who do not have the will to respect what has been written down in the constitution.

United Democratic Revolutionary Movement/Army  (UDRM/A), a member of the holdout opposition South Sudan Opposition Movements Alliance (SSOMA), pointed in a statement extended to Sudans Post to the interim constitution of 2005 and the transitional constitution that was drafted and launched in 2011 and were no later respected by the leaders.

“We must all stand against misdiagnosing our disease as an absence of permanent constitution.  South Sudan’s crisis is not constitutional. It is bad leadership that doesn’t apply the constitution as written in spirit and letter.  We have been served with two constitutions which failed to solve our persistent problems, if lack of constitution is a problem,” the UDRM/A’s statement signed by its Secretary-General Deng Vanang reads in part.

“These constitutional documents are Sudan interim national constitution of 2005 – 2011 and South Sudan interim constitution of 2011. If applied, the two constitutional documents could still serve the basic popular aspirations South Sudanese demand to develop and avert the present destructive conflict,” the statement added.

The opposition group went on in the statement in which the process is being manipulated and stressed the need for selection of a nonpartisan South Sudanese to carry on the process which he said has been the process in several examples.

“President Salva Kiir Mayardit’s rushed and polarized move aimed at cementing his own vested interests only flies in the face of public disapproval and plenty of reasons proving this are crystal clearer. First among them is constitution-making that should be non-partisan headed by a non-partisan personality devoid of active political affiliation present or in the recent past,” the statement said.

“This person must be chosen through wider consultation and consensus. The same constitution can only be mid-wifed by Constituent Assembly with a chunk of legislating members drawn from cross sections of the society that matter than handpicked rubber stamp individuals. Who can be members of faith-based and civil society groups, especially people of special needs like the elderly, women, youth and people with disabilities,” the statement added.

The statement also stressed that a permanent constitution cannot be written in as country that is still at war with itself, especially when the people doing the process do not have enough finance to have the capacity to come up with a widely accepted document.

“No permanent constitution can be written when a country is at full blown war with itself and engaging rebel groups not yet part of the ongoing shaky peace agreement. And utmost when those handpicked to exercise the process of permanent constitution-making are financially vulnerable and physically insecure to come up with widely acceptable document,” the statement said.

“We must also take note of the revitalized peace agreement which is just not a process now as we speak, but already declared as unimplementable by lead principal, President Kiir Mayardit on Thursday, 27th of last May. With too many of its provisions largely ignored and reconciliation and healing not made a priority,” it added.

The statement then stressed the importance of reconciliation before all those steps are taken.

“Reconciliation and healing need to be a priority to heal the country from myriad of ills it is facing, ranging from political violence to economic disparity and torn social fabric for a more viable and sustainable peace in the country,” the statement said.

“What is going to be drafted, debated, passed into an act of parliament and eventually assented to by the President as permanent constitution will just be an elite back door contract to govern the people against their own will . It won’t help the country and instead exacerbate the conflict and slam brakes on future negotiations with opposition groups still skeptical of currently faltering peace process,” added.

“The government will at the end own up to reality of trashing what shall be lopsided permanent constitution when forced by circumstances to negotiate with still increasing rebellious factions, making it effectively non-permanent. Then, why waste public resources on a sharm project that is open to future annulment?” the statement asked.