CEPO ‘disturbed’ by delay in formation of constitutional drafting committee

JUBA, JANUARY 19^TH 2023 (SUDANS POST) – South Sudan’s civil society watchdog, the Community Empowerment for Progress Organization (CEPO), has expressed concerns over the delays in the formation of the constitutional drafting committee, warning that the delay has negative implication in the constitution-making process.

Based on the revitalized peace agreement, constitution-making process should start as soon as the transitional government commence and that a permanent constitution should be in place by the end of the transitional period .

But the parties have failed to implement most of the activities of the transitional period including the constitution-making process. The transitional period provided for in the revitalized peace agreement comes to an end next month.

President Salva Kiir on the New Year’s Eve said that the constitutional-drafting committee was in the pipeline, but it has been nearly a month without the formation of the committee triggering a statement by CEPO registering its concern over the delay.

“The Community Empowerment for Progress Organization program of Citizens Constitution Constituency (CCC) is disturbed by the delay in forming the Constitutional Drafting Committee by the Government (RTGONU),” the civil society watchdog said in a statement extended to Sudans Post this evening.

“CDC plays a critical role in rolling out the constitutional making process since per the provisions of the adopted roadmap for implementing the pending tasks of the R-ARCSS. Any delay in forming the CDC will be serious negative implications for genuine constitutional making process,” it added.

Edmund Yakani, the Executive Director of Community Empowerment for Progress Organization (CEPO), said there is need for the government to carry out civic education for citizens to understand their rights and how to participate in the process.

“The Constitutional Drafting Committee was tasked with the responsibility of constitutional making process civic education. Without effective and inclusive civic education on the constitutional making process the chances of citizens’ effective and inclusive participation in the constitutional making process cannot be secured,” he said.

“At least more than six months are required for constitutional making process civic education nationwide before engaging the citizens on constitutional making process.  Without proper understanding built in the citizens to know the importance of the constitutional making process for their lives and effective creation of social contract between them and their government, chance of meaningful and inclusive citizens’ engagement on the constitutional making is limited.

Meeting the standard of participatory and inclusive constitutional making process is required in our constitutional making process since it is first of its kind where citizens have chance for engagement on constitutional making process. The constitutional making process will be a greater opportunity for offering political reconciliation as part of transitional justice around public governance, democratic transformation, and exercise of social contract between the citizens and their government,” he stressed.

CEPO further said it “strongly urges the government to enforce the principle of inclusivity during the formation of the Constitutional Drafting Committee. Direct representation of Persons with Disabilities, Women, Youth and civil society in the Constitutional Drafting Committee is essential. Any failure to enforces inclusive formation of the Constitutional Drafting Committee, CEPO initiative of Citizens Constitution Constituency will undertake legal action at national level if not response than we will undertake legal action in the East Africa Court of Justice.”

It also called on “the presidency to increase political commitment for delivering the roadmap on the implementation of the pending task of the R-ARCSS. Further CEPO hope that presidency should allow the proposed IGAD January 2023 head of states and government to take place in Juba. It offers Juba political leadership great chance of decision making on critical matters in front of the government.”