What will South Sudan Transitional Constitution change? By Steve Goi , JUBA, SOUTH SUDAN
JUNE 19/2011, SSN; As the debate over the draft transitional constitution of south Sudan gets harder each hour in different quarters then, one could ask a very simple question; under whose interest is the constitution needed for? Is it for the benefit of the common wanainchi (people) or the state politicians? Is the quest for a new constitution intended to safeguard continuity of people serving in the key executives in the government or is it needed to correct structures? Any attempt to answer these simple questions can surely lead one to prematurely conclude on certain logic that subjugate to politic. By comparison, it is actually true that constitutional reforms or review had never been transparent in practice especially in the context of developing nations or ‘’political left’’ and particularly in the African states; although few countries such as South Africa among others had shown political tolerance during their quest for new constitution after the end of apartheid rule. In this context, most African leaders always perceive or misconstrue constitutional reforms as deliberate call for coup d' etat or regime-trespassing. This particular scenario had contributed significantly in destabilization of African nations beyond civil wars and it has also caused political unrest. Not only that, such limited understanding of reforms had prompted many African leaders to blackmail constitutional reforms as well as create unnecessary political pollutions in readiness for tribal tension. We must learn from these political mistakes or deliberate political anarchy made over years in Africa and strive to build this young nation on acceptable values that will last for decades. Back to the main topic, the soon-to–be-adapted transitional constitution must be approached with clear and sincere reconciliatory mood which is anchored in true values of prosperity so that south Sudan can rise to the challenge of despotism. It is quite clear to many in south Sudan that the process of drafting transitional constitution is marred with both logical and illogical concerns right from the onset of the review committee formations to the status quo, there had been conspicuous critics on every single step taken. Although this could be healthy or destructive in different ways, it's worth mentioning that there is need to have a total aggregate sum of laws that will safeguard the destiny of this young nation. All quarters or concerned parties involved must reach consensus or seek public blessing over the draft for many reasons otherwise we will have a constitution that is best known to few or a document that protects able politicians for indefinite terms. It is now apparent that the rift over key clauses in the draft constitution appeared to have divided the key principals- the president and the vice president- where it was quoted by various media houses that the president accused the latter of trying to run a parallel government while the vice president conspicuously circulated a refined version of his choice over the draft constitution. What shall the public or common wanainchi benefit from war of words by the two principals over the draft constitution? Is the draft transitional constitution aimed at protecting the key principals? Or is it a code of rule which aspires to regulate the allocation of functions, power and duties among the various agencies, officers of government and defines the relationship between these and the public? Will the transitional constitution make any difference? Or in the same respect, can a written constitution guarantee the behavior of a regime? Does having any constitution matter? In today’s realities, more and more political scientists are putting less emphasis on constitution as a significant structure in political system but also argue that too often, a constitution -whether written or unwritten- is not a true reflection of the manner in which a country system operates and therefore the constitution is of little use or value. Frankly speaking, what did the 2005 interim constitution of south Sudan achieve over the last six years in terms of prosecuting corrupters, prosecuting tribal conflict mongers, land restitutions among others? It is up to us to have a well written constitution in paper that we shall not adhere to in any way or have an unwritten constitution that can uphold and enforce fundamental rights in this young nation. Let’s all participate constructively in building our nation. Steve Goi is south Sudanese living in Juba. He can be reached via [email protected] COMMENTS, PLEASE CLICK HERE Disclaimer: The views expressed above are solely those of the author(s) and do not represent those of the website. -- You received this message because you are subscribed to the Google Groups "JFD info" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/jfdinfo?hl=en.
