Constitutional Review & Public Participation

It has been argued that South Sudan’s designed permanent constitution making process is unrealistic and could result in either authoritarian or unworkable constitution. Haste process coupled with personal rivalries make the process susceptible to elite capture thereby limiting genuine public participation, exacerbating ethnic tensions and producing unworkable constitution.

ELF is deliberating on a roadmap for a permanent constitution that allows the peaceful and legal transfer of powers, strengthened by effective public participation in the Review Process.

The South Sudan permanent constitution making process must transcend ARCSS lifespan, value procedural choices, mitigate ethnic tensions, safeguard against elite capture and dispel perception of outsiders imposed process (Gum Mading 2018).

Also, building agreement on the parameters of and mechanisms for federalization, along with a transitional power scheme, is critical. The process must ensure equitable sharing of responsibilities and powers among states and central authorities, fiscal federalism, representation of states in national decision-making processes and ensuring that the composition of state institutions reflects the national character.