---------- Forwarded message ---------- From: John Ashworth <[email protected]> Date: Thu, Apr 28, 2011 at 10:22 AM Subject: [sudan-john-ashworth] Fw: South Sudan Draft Transitional Constitution comments To: Group <[email protected]>
The draft of The Transitional Constitution of the Republic of South Sudan, 2011 (which I circulated two days ago) is proving controversial, as expected. There were claims of lack of inclusivity and transparency during the drafting process, and many see it as an SPLM document rather than one which is owned by civil society and other political parties (let alone the ordinary citizens). Privately some within SPLM have told me that this is only an interim constitution and the process for the far more important new permanent constitution will be better, but unfortunately their lack of inclusivity in this process will fuel suspicions that the next process may also be flawed. Some may also have felt that, since SPLM has a rock-solid majority in the legislature which will formally adopt the constitution, there was no need for them to worry too much about the constitutional process, a view which might be regarded as rather short-sighted and insular. Potential conflicts between this draft and the political parties agreement of October 2010 are significant (see #2 below). Abyei remains controversial (see ## 6,7 below). Following are a few comments and news reports. 1. Bishop Paride Taban: A husband and wife were fighting so vigorously they were bleeding all over. They were taken by the police to a judge. They were questioned, “Why do you fight?” The man replied, “My wife wants my son to go to school. I don’t like.” And the wife said, “My husband wants my son to look after the cows, and I do not like.” The judge said, “Where is your son? Bring him here. I want to ask him ‘What does he want?’” The reply was, “The son is not yet born!” And why fight for Position in South Sudan which is to be born on 9 July? END1 2. From a longstanding expert analyst: * Like the new national anthem, the preamble remembers the sacrifices of the "martyrs, heroes and heroines", but does not mention at all the countless civil war victims * In the preamble, a national healing process is mentioned * It refers to the "Transitional period", in which the Transitional constitution shall be valid, but fails to set a timeframe for this transitional period. Likewise Part XIV, Chapter II, 200 following, deals with the process of getting to a permanent constitution,setting up a respective commission, and a national constitution conference, without setting a timeline. * Part V, 66, and part VI, 100, state, that both the members of the legislative assembly as well as the president shall stay in office for 4 years as from July 9, 2011. This is a very crucial point of disagreement with the opposition parties, which they regard as a violation of the agreement of last year's Southern parties meeting agreement (c.IV of the signed resolutions October 17 call for a broad based interim government in the case of secession) * Part I, 1.(2) boundaries says: The territory of the Republic of South Sudan comprises all lands and air space that constituted the three former Southern Provinces of Bahr el Ghazal, Equatoria and Upper Nile in their boundaries as they stood on January 1, 1956, and the Abyei Area, the territory of the nine Ngok Dinka chiefdoms transferred from Bahr el Ghazal Province to Kordofan Province in 1905 as defined by the Abyei Arbitration Tribunal Award of July 2009." As you are aware, the Abyei case, where the people have been deprived of their Referendum on January 9, is a matter of big dispute between north and Sudan. With this drafted constitution, it is clearly annexed to the South. * 1 (6) refers to the language, acknowledging all indigenous languages of south Sudan as national languages, and referring to English as official working language. Arabic, spoken by many in their daily life, and the language also most of the returnees from the North are much more fluent in than English, is not mentioned any longer, even not for an interim period. * According to the draft, all southern members of the National assembly will become members of the assembly of South Sudan (article 56b) — which means the assembly will become much bigger. END2 3. From a journalist: "You know it removed the presidential term limits clause of the 2005 draft?" END3 4. Draft constitution of the Republic of South Sudan released April 24, 2011 (KAMPALA) – The draft South Sudan transitional constitution says the president of the republic will serve for four years starting from 9 July 2011. South Sudanese voted overwhelmingly to secede from the north in January 2011 referendum provided by 2005’s Comprehensive Peace Agreement (CPA) that ended two decades of north-south civil war. South independence from the north will be celebrated on 9 July 2011 in according to the CPA. The term of office for president and vice president is also four years in the US. Following the confirmation of independence early this year, the president of the Government of Southern Sudan (GoSS), Salva Kiir Mayardit, formed a committee to work on a constitutional text. Last week, the minister of legal affairs, John Luk Jok, handed the draft of the proposed Transitional Constitution of the Republic of South Sudan to President Kiir. President Kiir will study the transitional constitution before it is forwarded to Southern Sudan Legislative Assembly (SSLA) for approval. According to part two of the transitional constitution and article 100, “The tenure of the office of the President of the Republic of South Sudan shall be four years, commencing from July, 2011.” The transitional constitution also defines the parliament of Juba after inauguration of the Republic of South Sudan in July this year as being composed of the current members of SSLA and members of parliament currently representing southern Sudanese in Khartoum. Cabinet ministers in Khartoum will be members of South Sudan parliament without a voting power, the proposed constitution noted. It states that although “All indigenous languages of South Sudan are national languages” English will be the “official working language of the Republic of South Sudan”. For many people in South Sudan Arabic is currently their lingua franca. There is an emphasis in the document upon the “decentralized system of government” which will afford greater power at the state level. It also described the establishment of independent Relief and Rehabilitation; National Anti-Corruption; Demobilisation, Disarmament and Re-integration; HIV/Aids; and Human Rights inter alia commissions. The Bank of South Sudan will be responsible for the production of a new currency which will “reflect the historical and cultural diversity of the country” On the controversial subject of Local Justice, subject of a recent report produced by the Rift Valley Institute and the US Institute for Peace, “Legislation of the states shall provide for the role of Traditional Authority as an institution at local government level on matter affecting local communities.” The document states that the National Legislature will be made up of the National Legislative Assembly and the Council of State. Significantly, the constitution defines the territory of the Republic of South Sudan and emphasize that "the territoryof the nine Ngok Dinka chiefdoms transferred from Bahr el Ghazal Province toKordofan Province in 1905 as defined by the Abyei Arbitration Tribunal Award of July 2009". Sovereignty of the Abyei is controversial as it in the borderlands between north and South Sudan, it is oil-rich and fertile land and the ethnic origin of its inhabitants is a matter of dispute. Controversy surrounds the inclusion of Misseriya tribal group in a delayed referendum which will decide area’s future. The nomadic Misseriya, who are associated with north Sudan, spend part of year in Abyei, where the Ngok Dinka resides. Tensions in the area are rising as the military presence increases. (ST) END4 5. Draft charter 'dictatorial': south Sudan opposition By Peter Martell (AFP) – 27 April 2011 JUBA, Sudan — South Sudan's opposition on Tuesday slammed a proposed interim constitution as "dictatorial," concentrating power in the hands of the ruling party and pushing back post-independence elections. "This is an exclusive constitution for the SPLM," Peter Adwok Otto, the spokesman for the south's main opposition party, SPLM-Democratic Change, said referring to the ruling Sudan People's Liberation Movement. "We think it is dictatorial and we reject it," he said. "They have made a transitional period of four years. We were pushing for 18 to 20 months maximum. It is very clear that the SPLM are afraid of elections," he added. The draft transitional constitution deletes a two-term limit from the existing charter, drafted in 2005 after an accord to end the 22-year war with the north. Instead of holding elections after independence as originally planned, the draft, which was handed to southern president Salva Kiir at ceremony last week, also proposes the "tenure of the office of the president of the republic of south Sudan shall be four years, commencing from July 9, 2011." If passed by parliament -- in which Kiir's SPLM holds an overwhelming majority -- it will be enacted following the south's formal independence on July 9. The SPLM had said after an all-party political conference in October that, if south Sudan chose to split from the north in January's referendum, which it overwhelmingly did, a broad-based transitional government would be formed, and new elections held following independence. The draft was handed to Kiir by John Luk Jok, the minister for legal affairs and constitutional development, who headed the constitutional review committee. Speaking at the ceremony on April 19, Jok said the draft constitutional document was meant "to kick off the birth of our new nation on the 9 July." But the drafting process was marred by acrimony, with six members of the review committee -- including opposition figures -- walking out, complaining of exclusion. SPLM leaders have insisted the drafting of the interim charter was only to remove technicalities applicable to a united Sudan, with any significant changes to wait for the permanent constitutional review process, which Jok said would be "widely inclusive and participatory." But the SPLM-DC accused the Juba government on Tuesday of "lying." "When our people went to participate in the interim review of the constitution they were always frustrated," Adwok said. Kiir, speaking at the ceremony last week, acknowledged the difficulties but called for unity within the south. "Those who resigned from the committee, should now see there was nothing intended against any other political party," he said. Kiir, who came to power in 2005 after the death of former rebel leader John Garang in a helicopter crash, was elected in April last year on a five-year mandate, which he would not significantly exceed under the draft constitution. But the opposition said they feared it could create a legal loophole at the end of that term. "This is not clear, and we want to create a new country that is democratic for all," said Bol Gatkouth, a former lawmaker in the south's parliament, who is now a rebel spokesman for a militia fighting in Unity state. "It is for things like this that we are fighting the government." The south is reeling from a string of bloody clashes between the army and some seven separate militia groups, with almost 1,000 people killed since January. The draft constitution also lays claim to disputed Abyei region, the site of repeated clashes since a referendum planned for January on whether the oil-producing area should join the north or the south was shelved. Discussions are still ongoing with the north's ruling National Congress Party, which angrily rejected the clause declaring Abyei belonged to the south as "meaningless." "This draft, and especially what it says about the issue of Abyei, has no meaning and will not be accepted the Sudanese government," NCP official Rabie Abdel Ati told AFP. http://www.google.com/hostednews/afp/article/ALeqM5gNRtU11hFbfjxJCGaszruKa1CPyw?docId=CNG.454b6e07dbf12c41b33a223153bac545.5f1 END5 6. S.Sudan to adopt new constitution, claims Abyei * Opposition wary of changes to charter * Constitution claims contested Abyei * No limit to president's terms in office By Jeremy Clarke JUBA, Sudan, April 26 (Reuters) - South Sudan's new draft constitution, to be adopted when the region becomes independent on July 9, grants President Salva Kiir another four years in power, a draft version showed, infuriating political opposition. The draft charter also lays claim to Abyei, a fiercely contested oil-producing area straddling north and south Sudan, the disputed ownership of which is seen by analysts as having the potential to lead the country back to civil war. North and south Sudan fought each other for all but a few years since 1955 over differences in ethnicity, ideology, religion and oil. The conflict claimed at least 2 million lives and destabilised much of the region. Southern Sudanese voted in January to separate from the north and form a new nation, a referendum promised to them as part of a 2005 peace deal which ended decades of civil war. Seen by Reuters on Tuesday, the draft, which calls itself the "Transitional Constitution", is set to be ratified by parliament and will form a temporary charter from independence until a permanent constitution is drafted. But it outlines steps which opposition leaders say amount to a betrayal. "They were supposed to be making only minor changes to the Interim Constitution but they have written a new constitution ... (inserting detail) that was meant to be decided (later) in the constitutional conference," said opposition leader Lam Akol, referring to an inclusive process promised by the south's dominant SPLM party to draft a post-independence constitution. "They said they would just be removing redundant language that reflects a regional constitution becoming a national one, but they have set the president's term without mentioning limits," Akol added. Similar fears are shared by more radical opposition. At least seven rebel militia are fighting to overthrow the semi-autonomous southern government which they say only serves its own interests, ignoring minority tribes and rural communities in the highly underdeveloped region. "There will be no review process that will change anything, opposition and civil society won't be able to make changes (to the constitution)," said Bol Gatkouth, a spokesman for one of the rebel groups. The government says the permanent constitution will be fairly debated at a conference which the draft said must include opposition parties and civil society among others. The national interim constitution drafted after the 2005 peace deal set the president's term at five years with a two- term limit, and Kiir won a new mandate in elections last April. The new South Sudan draft grants a four year tenure "commencing from July 9, 2011" but specifies no limit to how many terms the president can serve. ABYEI An Abyei referendum on whether to joint the north or south was meant to run parallel to the January vote, but it did not take place. Talks on Abyei's future have stalled. Both the north and south have been building up forces in the area and arming them with weapons such as rocket-propelled grenades and machine guns, according to satellite images and the United Nations. The northern ruling NCP said the claim to Abyei in the constitution was meaningless and the south would not be able to implement it on the ground. "The Abyei problem is not resolved yet," said senior NCP official Rabie Abdelati. "I think this provision will not be respected or considered by our government." The Transitional Constitution draft said Juba would remain the capital city and the establishment of a central bank which would oversee the adoption of a new currency. The Sudanese pound in Juba has steadily weakened on the black market since the January vote, on Tuesday reaching 3.3 to the dollar as many fear it may not be redeemable after July. (Editing and additional reporting by Opheera McDoom in Khartoum) http://af.reuters.com/article/sudanNews/idAFMCD64581720110426?sp=true END6 7. Sudan's Bashir says disputed Abyei belongs to north * Bashir addresses status of disputed oil-producing area * Gubernatorial and state assembly elections next week KHARTOUM, April 27 (Reuters) - Sudan President Omar Hassan al-Bashir said on Wednesday the disputed oil-producing Abyei region will remain part of the north after the south secedes in July. Abyei straddles north and south Sudan and both sides have been building up forces there, according to satellite images and the United Nations. South Sudan's draft constitution, to be adopted after the south becomes independent on July 9, lays claim to Abyei, according to a copy seen by Reuters. Bashir rejected the claim. "Abyei is located in north Sudan and will remain in north Sudan," he told a rally in the province of Southern Kordofan where long-delayed parliamentary and gubernatorial elections start next week. The audience for his speech, which was televised, was largely from the Arab nomadic Misseriya tribe who lay claim to Abyei, where they graze their cattle a few months a year. The pro-south Dinka Ngok tribe who reside there all year say Abyei is their territory. Southern Kordofan, which borders Abyei, contains much of the north's future oil production and Bashir's ruling National Congress Party is fielding Ahmed Haroun as its candidate for governor there in the elections. Haroun is wanted by the International Criminal Court for war crimes in Sudan's western Darfur region. North and south Sudan fought each other for all but a few years since 1955 over differences in ethnicity, ideology, religion and oil. The conflict claimed at least 2 million lives and destabilised much of the region. Southern Sudanese voted in January to separate from the north and form a new nation, a referendum promised to them as part of a 2005 peace deal which ended the decades of civil war. An Abyei referendum on whether to joint the north or south was meant to run parallel to the January vote, but it did not take place. Talks on Abyei's future have stalled. (Reporting by Khalid Abdelaziz; Writing by Ulf Laessing; Editing by Robert Woodward) http://af.reuters.com/article/sudanNews/idAFMCD74640820110427?sp=true END7 ______________________ John Ashworth Sudan Advisor Sudan Ecumenical Forum [email protected] +254 725 926 297 (Kenya mobile) +249 919 695 362 (Sudan mobile) +27 82 853 3556 (South Africa mobile) +44 750 304 1790 (UK/international) +88 216 4334 0735 (Thuraya satphone) PO Box 52002 - 00200, Nairobi, Kenya This is a personal e-mail address and the contents do not necessarily reflect the views of any organisation -- The content of this message does not necessarily reflect John Ashworth's views. Unless explicitly stated otherwise, John Ashworth is not the author of the content and the source is always cited. You received this message because you are subscribed to the Google Groups "sudan-john-ashworth" group. 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