South Sudanese must take part in writing their constitution

BY: Isaiah Abraham, JUBA

JAN. 25/2012, SSN; The Government of the Republic of South Sudan has chosen 45 members Committee to guide the process leading to Final Constitution for the Republic. There has been a Constitution known as the Transition Constitution in place that must be revamped, furnished to meet the demand of the new political dispensation.

Members are drawn from everywhere, however the lion's share was preserved for the ruling party, the Sudan People’s Liberation Movement (SPLM) to the chagrin of the majority of other political forces.

There have also been problems associated with the types of individuals selected to guide the exercise. But that is a sideway show for another discussion. Some of them are coming to the designated Committee from a legal class or prospective of the 1960s and 1970s. Majority of them are too old or senile to grasp the challenges of this century.

No serious legal experts among the 45 member committee moreover, save for one or two men there. University of Juba that could have been in the forefront was left in the cold, when the big man's advisors handpicked two or three out of the blue. 

The general terms of reference for the selected team for the constitution ranges from overseeing the process to reviewing, by soliciting inputs while deducing outputs that are deemed irrelevant. The job is challenging and needs serious contributors.

People don’t need members to cut pieces elsewhere and paste them in our context without first find out what is it that works and why.

For the survival of our new state, we must give ourselves enough time so as to come up with a constitution the majority of our people can be proud of, and not any thing imposed on the people by a few.

But constitutional writing process has never been without troubles, there will always be wrangling among political groups or parties until the final document is made public. There shouldn’t be surprises. Constitution work is requires tough minds.

Any system succeeds or fails depending on the kind of its legal foundation. Rogue leaders prey on their subjects if there are pores they could use to infiltrate just to accommodate their un-quenchable greed and selfishness.

Fortunately, our people have a caring government and here it has presented an opportunity for all. This is a chance we must all seize. It is not anymore the duty of the ruling party or certain groups (say those selected by the President), but for all the people in the Republic.

Let’s read the current Transitional Constitution whether it truly reflects the aspirations of our people. Southerners must go through the Transitional Constitution, chapter by chapter and clause by clause, and see what to add and what to expunge.

If it is possible, our leaders ought to take the document to the people and seek their views before rushing it to Parliament for rectification. People need time and civic education.

But the Constitution of the Republic of South Sudan writing process shouldn’t divide us farther. I have seen political bodies or other interested groups gearing up for a fight against the SPLM even before the real work gets started.

There have started complaining that the ruling party has gone ahead of anyone to rig or write the constitution to suit their whims. Of course that is the nature of that business called politics, wrangling; if you are outnumbered, you must learn to stay ‘down’ and low until at time when you make it to the top.

But the ruling party ought to learn to accommodate the views of others. They must be open enough to different perspectives related to governance. All stakeholders must strive to bring up a constitution that will stand the test of time.

I hereby look for a constitution that will enshrine how power is distributed, managed and shared, but slightly different from what we currently have-hybrid (not federation not unitary).

I want a man or woman from Moru appointed Commissioner of Maiwot or Maban County, and a Dinka becoming a minister in Eastern Equatoria State. Civil servants are to serve everywhere according to the need and not per their origin of their tribes. This is possible only if the constitution suggested it so, and this is a time to factor in such possibilities!

 I want to see an economic tailored constitution where wealth is dispersed to all. We must work out something that will create wealth for ourselves and the generation after us.

Government must take people to work; there is plenty of work to be done that requires human hands. But also our drafters of the constitution are to remove legal baggage in our today’s running of our economic affairs.

The Anti-Corruption and Human Rights Commissions are consuming a lot of money when they shouldn’t be there in the first place. To add insult to injury, they are given special treatment in the spending. The new constitution must scrap such unnecessary commissions. Hefty allowances are to be cut for political post holders.

But more importantly, there is an urgent need to have a constitution that will ‘destroy’ and overhaul our today’s social barriers. Jonglei State could not have been in this pathetic state of affairs if we had authorities coming from other tribes.

Governor Kuol can’t be a good referee between his home ‘team’ and that of the other teams. Brig. Akot Mzee could not have been shown the door if he had worked in other places rather than his home town of Pibor.  ‘my people’ thing spoils good leaders.

Constitution will unite our people if we cleverly use it. I particularly have reservation about our current status. I want us to run away and if it means moving back to unitary so be it! Our country is slightly moving back to old school of ‘my land, my people’.

Let’s manipulate and play around this constitution so to cross us over to a new land where each will be proud of. Our tribe is Southern Sudan, nothing more. A true Southern (daughter of our veteran politician) has started to preach the other day.

Isaiah Abraham lives in Juba; he’s on Isaiah_abraham@yahoo.co.uk  

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