Nimule Declaration by Civil Society Resource team on the
constitutional making process

22 May 2013

A declaration by the Civil Society Resource Team on the Constitution
Review Process on completion of a strategy retreat on the civil
society constitution review process
 Aware that the CPA, the Interim National Constitution of the Republic
of Sudan and the Interim Constitution of the Southern Sudan as well as
the present Transitional Constitution of the Republic of South Sudan
were provisional documents that were hastily agreed upon to provide
the legal and political framework of governance of Sudan, Southern
Sudan and South Sudan respectively during the transitional period and
as such, their making was not inclusive of the participation of
citizens;

Acknowledging that the process of writing the constitution is a
politically sensitive, and complex pursuit that requires critical
thinking, wide know how, exposure and commitment of both state and non
state actors, and the good will of the government;

Concerned that despite the National Constitution Review Commission
having been formed over one year ago, the Commission has yet to
meaningfully start its work;

Further concerned that even with the extension of its mandate, the
National Constitution Review Commission may not be able to effectively
conduct public consultations and collection of citizen’s views on the
constitution in good time and thus deny the people of South Sudan the
opportunity to make a pro-people constitution;

Appreciating that the Civil Society Resource Team on the Constitution
Review Process have so far undertaken citizens’ constitution dialogues
in nine out of the ten states, in addition to civic education and
consultations at county level, reaching out to over 1000 citizens, and
has thus partially undertaken the commitment to promote popular
participation in the constitution making process as was agreed at the
first civil society retreat held in Yei 27th of April 2012;

Hoping that the National Constitution Review Commission will be
willing to consider submissions from civil society collected from the
citizens across the ten states of South Sudan;

Reaffirming the commitments and responsibilities we took up in Yei
that we will contribute towards a democratic, peaceful and prosperous
South Sudan governed by a pro-people constitution that reflects values
and aspirations of ‘Zol Maskin’;
 Inspired by our team spirit and solidarity;

We the undersigned members of the Civil Society Resource Team on the
Constitution Review Process, having evaluated and shared our
experiences in the process so far and agreed on our plan for the next
six months, do hereby reaffirm the commitments we made in Yei, and
further commit ourselves to;
• Continue a coordinated civil society outreach towards inclusion of
citizens across the country in the constitution process alongside a
communication strategy to publicize issues arising from the process
• Collate and analyze the key findings and recommendations that have
been collected from the citizens of the republic of South Sudan in
nine states and several counties of this nation by various Civil
Society Organizations within the Resource Team for eventual submission
to the National Constitution Review Commission;
• Continue the civic education process including the collection and
collation of people’s views among in the remote areas and among
“marginalized” groups like the youth, women and persons with
disabilities
• Plan and implement the last citizens’ dialogue that will take place
soon in the Central Equatoria State in the last week of June
• Continue to engage with key stakeholders in the process to share
information and advocate for the inclusion of the citizen’s views and
aspirations

Consequently, We do hereby recommend the following:
• That the government provides the necessary political will to enable
the Constitution review Process to forge on
• The National Constitution Review Commission adheres to its mandate
and start civic education and collection of citizens views as soon as
possible in order to ensure a constitution that reflects the will of
the people
• That the Government releases funds for the National Constitution
Review Commission to implement its mandate
• That donors and International Community funds and support the
National Constitution Review Commission process as well as the civil
society constitution process.
• That the National Constitution Review Commission implements its strategic plan

We call for a constitution that:
• Ensures that the Executive is legally limited in its powers and
checked by thre Judiaciary and the Legislature
• Respects and promotes human rights including those of marginalized
groups, such as the rights of persons with disabilities
• Guarantees separation of powers of the three organs of government
• States the exact date of election
• Clearly defines:
• citizenship and nationality,
• the official language,
• the role of traditional authority and local government,
• the modalities of implementation of the 25% affirmative action,
affirmative action for disadvantaged groups like persons with
disabilities,
• good financial management systems, and
• mechanisms of addressing problems surrounding tribalism and corruption

For more information you can contact the Civil Society Resource Team/
Media Team of the civil society on Constitution making process;
• Peter Gai Manyuon, Senior Communications Specialist-SSLS
• Edemond Yakani, Program Coordinator CEPO
• Voice for change (VOC)
• Community Empowerment and progress Organization (CEPO)
• South Sudan Action Network on small Arms (SSANSA)
• South Sudan Law Society (SSLS)
• Equotoria Rehabilitation and Development Association (ERADA)
• South Sudan National Democratic Elections (SSUNDE)
• Organization for Nonviolence and Development (ONAD)
• South Sudan Human Rights Society for Advocacy (SSHUSA)
• Catholic Radio Network-Juba (CRN)
• South Sudan Democratic Engagement Monitoring and Observation
Programme (SSDeMoP)
• South Sudan Youth Peace and Development Organization (SSYPADO)
• Generation Agency for Development and Transformation-Pentagon
(GATDET-Pentagon)
• Southern Sudan Deaf Development Concern (SSDDC)

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