REMARKS BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC DELIVERED AT THE INDUCTION WORKSHOP OF THE RECONSTITUTED NATIONAL CONSTITUTIONAL REVIEW COMMISSION (R-NCRC) January 22, 2024 Juba, SOUTH SUDAN

Monday, 22 January 2024 16:23

    Hon. Dr. Riang Yar Zuor, Chairperson of the NCRC

-       Dr. Awak Bior Ajang, Deputy Chairperson,

-       Hon. Abraham John Nantana, Secretary General,

-       Members of the Commission,

-       Your Excellencies,

-       Distinguished Ladies and Gentlemen

Good morning,

1.    I am honoured to address you all, this morning, on this very important and momentous occasion. Today’s induction of the members of the reconstituted National Constitutional Review Commission (R-NCRC) is historic for two main reasons. 

2.    First, it is because of the critical importance of the permanent constitution under the Revitalised Peace Agreement in anchoring lasting stability, a peaceful transition and good governance after the Agreement; and secondly, because of the high expectation from us all and the public on this reconstituted Commission to realise the making of a people-led and people-owned permanent constitution, that will enshrine the collective wishes and aspirations of the people of South Sudan on how they wish to be governed.

3.    My brief remarks this morning will therefore centre on only these two aspects, namely: the importance of the permanent constitution under the Revitalized Peace Agreement and the critical role of the reconstituted NCRC to ensure that the permanent constitution is made and reflects the will and aspiration of the people of South Sudan. 

4.    On the first point, the Permanent Constitution as envisaged in the Revitalised Peace Agreement is sine qua non to the realisation of lasting peace and good governance in the Republic of South Sudan. The success or failure of this over 5 years Transitional Period will highly depend on the promulgation of a popular constitutional arrangement that fulfils the aspiration of the people of South Sudan in its diversity. The permanent constitution is expected to plant the seeds and become the cornerstone of constitutionalism and good governance in this country after the elections.

5.    As you may recall, in the preamble of the R-ARCSS, the Parties to the Revitalized Peace Agreement, inter alia declared as follows, and I quote:

“Mindful of our commitment under the TCRSS 2011 as amended, to lay the foundation for a united, peaceful and prosperous society based on justice, equality, respect for human rights and the rule of law; Deeply regretting the scale of untold human suffering that had befallen our country and people as a result of disregarding this commitment; and determined to compensate our people by recommitting ourselves to peace and constitutionalism and not to repeat mistakes of the past…”.

6.    In this regard, one of the core tasks of the RTGoNU is to ensure that the Permanent Constitution-making process is successfully carried out and completed before the end of the Transitional Period (see Art. 1.2.5). The process is pivotal in that the provisions of the Permanent Constitution are expected to guide the conduct of elections at the end of the Transitional Period (Art. 1.20.5). Accordingly, under Article 1.20.6 of the R-ARCSS, the National Elections Act 2023 is expected to be amended to conform with the provisions of the Permanent Constitution upon its promulgation. The RTGoNU and Parties to the Agreement, therefore, should not renege on this solemn commitment, and deny the people of South Sudan this golden opportunity.

7.     In addition, and as clearly stated in the concept note for this induction workshop, as well as stipulated in the Constitution Making Process Act 2022, the permanent constitution is expected to be based on inter alia: the supremacy of the people of South Sudan; initiate a federal and democratic system of government that reflects the character of South Sudan; guarantee peace and stability, national unity and territorial integrity of the Republic of South Sudan; promote peoples participation in the governance of the country through democratic free and fair elections and the devolution of powers and resources to the states and counties and respecting ethnic and regional diversity and communal rights including the rights of communities to preserve their history, develop their language, promote their culture and expression of their identities, to mention but just a few. There is no doubt that the Permanent Constitution when made in an inclusive and participatory manner, will go a long way in addressing all the root causes of conflicts in this country. 

8.    On the second point, regarding the pivotal role of this reconstituted Commission in realising the promises for a South Sudanese-led and South Sudanese-owned Permanent Constitution, I only wish to state as follows: this Commission owes the people of this country a huge sense of purpose and responsibility. 

9.    In this regard, I would like to first congratulate all of you upon being entrusted with this enormous and consequential responsibility to guide the country in the making of what will be a historic grand norm, the Permanent Constitution. 

10.    Secondly, I assure you all that you are constitutionally mandated to guide the country going forward on how to arrive at a people-led and people-owned permanent constitution. In this regard, the Commission is entrusted to, inter-alia:

a.   Formulate its own rules of procedure;

b.   Develop its work plan;

c.    Recruit members of the various committees

d.   Facilitate and promote a multi-phased and multi-faceted civic education and guarantee the accessibility of civic education materials to all sectors of the public;

e.   Conduct multi-phased and multifaceted public consultation, which covers all constitutional issues of relevance in collaboration with non-state actors supported by public media platforms;

f.     Receive, analyse, and consider inputs and submissions from public participation and consultations;

g.   Transmit the outcome of public consultations to the drafting Committee

h.    Validate the draft constitutional text;

i.     Publish the first draft constitutional texts;

j.     Present to the National Constitutional Conference (NCC) and the CDC, a report containing the outcome of the first stage of public consultations, and conduct civic education following the adoption of the Permanent Constitution.

11.    As RJMEC, the Commission can count on our full support. I appeal to the Commission to live up to its expectations and discharge its aforementioned mandate as per the Revitalized Peace Agreement, and the Permanent Constitution Making Process Act 2022. It is critical to note that going by the roadmap timelines, we are far behind schedule and therefore time is of the essence. The R-NCRC is expected to get up and running without any further delays. Consequently, it is imperative that the Commission use this induction workshop, to swiftly consider and adopt practical rules of procedure, endorse the draft budget, and action plan, as well as agree on a practical strategy to immediately commence civic education and robust public consultation campaigns, to promote public debate and awareness on critical constitutional issues. 

12.    Pursuant to article 7.8 of the Revitalized Peace Agreement, the reconstituted NCRC will be expected to report on the status of its work to RJMEC and also regularly brief the RJMEC monthly plenary. Lastly, as the Chairperson of RJMEC, I must say that I am confident that this Commission, with the support from the RTGoNU and partners, will deliver on its mandate. 

13.    Finally, let us all pull together and serve this nation with dedication and make our space in the constitutional history of this country.

14.    I wish you all fruitful deliberations during the workshop.

I Thank You.