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MPs equipped in Constitution-Making process

By Deng Ghai Deng

Dozens of members of Transitional National Legislative Assembly (TNLA) have completed a three-day training on the Constitution-Making Process (CMP) in Juba.

The training aims at strengthening gender equity and women’s participation in the creation of the permanent constitution.
The training, organized by the Centre for Inclusive Governance, Peace and Justice (CIGPJ), comes at a pivotal moment for South Sudan’s constitutional development. As the country embarks on the constitutional process, ensuring gender inclusivity and safeguarding women’s rights remain central objectives.

The CMP is divided into three main stages: Public Sensitization and Consultations led by the National Constitutional Review Commission (NCRC); deliberations and adoption of the constitutional text by the National Constitutional Conference (NCC); and, ultimately, the debate and adoption of the permanent constitution by the Constituency Assembly (CA), which will be a transformed version of the current RTNLA.

Jackline Nasiwa, Executive Director of CIGPJ, highlighted the importance of this initiative, noting that South Sudan has committed to gender equality through the Revitalized Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS), which includes a 35% affirmative action quota for women.

“The National Constitutional Conference will bring the text to parliament, and when it is brought to the national legislature, this parliament will transform into a constituency assembly. This means that their role in deliberating and adopting the final texts of the permanent constitution is crucial,” Nasiwa said. “That is why we chose parliament to begin discussing their role as a constituent assembly and their broader role in representing the people.”

Members of Parliament (MPs) who participated in the training expressed their enthusiasm for the course, which emphasized the integration of gender perspectives into the constitution.

Sophia Pal Gai, an MP representing Nasir County in Upper Nile state, shared her feelings of empowerment after gaining knowledge on how to better advocate for women’s rights during the deliberations on the constitution.

“This workshop has clearly stipulated the role that we can play, especially in mobilizing the public on the importance of the constitution, educating our people at the grassroots level, particularly women. Women are the majority in this country, and they need to understand what is entailed in the constitution. We have learned a lot and now feel prepared to participate and gather the views and interests of our people at the grassroots level,” Sophia said.
Another MP, Beatrice Abe, stressed the importance of inclusivity in governance, stating that gender equality is not only a constitutional requirement but a moral obligation.

“Our role as members of parliament to participate directly in the constitution-making process was not very clear, but this training has provided valuable insights. The facilitators, who brought experiences from neighboring countries that have gone through similar processes, helped us understand how MPs can engage with our constituencies in the constitution-making process,” Abe said.

For the MPs, the recent training reinforced the importance of fulfilling South Sudan’s obligations to its people.
Samuel Buhori Lotti, the acting Chief Whip representing the South Sudan Opposition Alliance (SSOA) in the TNLA, emphasized that the participation of women in both the peace and constitution-making processes is non-negotiable.

“The extension of the process was done with the backdrop of constitutional requirements, and this is why it was planned for 24 months. We have just passed the budget, and it includes funding for the constitution-making process. It is crucial that the Ministry of Finance makes the necessary funds available to expedite the work of the Constitutional Review Commission and begin the process,” Lotti said. “With this training, members of parliament now have the capacity to actively contribute.”

The constitutional drafting process is supported by the technical expertise of the 15-member Constitutional Drafting Committee and the Preparatory Committee, responsible for organizing the constitutional conference.

Gender mainstreaming is a key aspect of the process, aligning with both domestic and international frameworks, such as the United Nations Security Council Resolution 1325, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and South Sudan’s recent ratification of the Maputo Protocol.

 

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