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05/12/2024
*Constitution-making body warns of another extension if not timely funded*
Constitution-making body warns of another extension if not timely funded
The constitution-making body has reiterated its call on the unity government to urgently provide funding for the constitution-making process to meet the December 2026 deadline for holding elections.
As stipulated in the peace agreement, the permanent constitution must first be finalised to guide the conduct of the country's first-ever general elections.
Dr. Riang Yer, Chairperson of the National Constitutional Review Commission, briefed the 8th Governors’ Forum last week that the process will require 18 months to complete. He warned that if the constitution is not produced within the 24-month timeline of the extended transitional period, the country may be forced into yet another extension.
“From a technical point of view, NCRC has decided that the remaining part of the constitution-making activities shall take 18 months to complete. But determining a time frame is one thing, and supporting the activities within the determined time frame is completely another,” Zuor stated.
“Therefore, the 18 months depends on whether funding becomes promptly available to the commission and whether the availed funding is interrupted. The 18 months begin from when funding becomes available and continue to seamlessly flow to the end of the determined time frame.”
According to Zuor, the commission has completed several foundational activities and administrative tasks to prepare for the constitution-making process. These activities include developing internal instruments such as rules of procedure, an organogram, an action plan, and manuals for civic education and public consultations.
Additionally, the Commission has undertaken renovations of existing structures, constructed new facilities, and provided essential furniture and partial equipment. Internet access has been installed across all Commission facilities, and members and staff have undergone training on various constitutional issues to enhance their readiness.
These activities and tasks were carried out through the support of partners such as UNDP, UNMISS, IGAD, the Japanese government, the European Union, and the Max Planck Foundation.
However, the chairperson said the actual phase of the constitution-making process, which involves civic education and public consultations, has not yet begun due to a lack of adequate funding from the government.
The Commission plans to launch the first phase of civic education and consultations as soon as funding becomes available, aiming to complete these activities by the end of the year. Civic education was scheduled to start on December 4, 2024, but it hasn’t yet been launched.
“If availability of resources permits, we plan to do the first launching of civic education and public consultation before the end of this year. It shall be followed at the beginning of the new year by nationwide campaigns that will cover all the 10 states and the three administrative areas, plus our population in the diaspora, including refugees in the neighbouring countries,” said Zuor.
“If the releasing of funds becomes slow, we will be risking wastage of some part of the extended period. And if we waste even a little bit of the extended period, we will not be able to finish the constitution-making process in time for elections to take place by December 2026. At that point, we will be left with only two choices to choose from. One, going for another extension, or two, going for an election that will neither be democratic, free, fair, credible, nor peaceful. And neither one of these two choices is good for the people of South Sudan.”
He stated that the commission is fully prepared and ready to proceed with the practical work as soon as the necessary financial resources are secured. However, he expressed concerns about the timely release of funds.
The commission had budgeted $43 million for the constitution-making process but has so far received only $800,000 from the government, intended to initiate civic education and conduct public consultations.
Resolution 33 of the 8th Governors' Forum stated that the "national government should provide the necessary funds and other resources to the NCRC to effectively carry out its activities."
The 2018 revitalised peace agreement dictates a people-driven permanent constitution should be in place before the end of the transitional period to guide the general elections, which is the agreement's end point.
“The thought of going for elections without a new constitution is not healthy because such elections will not be democratic, free, fair, credible, or peaceful. And the people of South Sudan cannot accept anything that takes this country back to war,” said Zuor.
South Sudan was originally set to hold elections on December 22, 2024, but in September, the parties to the peace agreement extended the transitional period by two years. This extension pushes the elections to December 22, 2026, to give the government more time to complete the pending tasks outlined in the peace agreement and properly prepare for the democratic elections.