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South Sudan’s government and opposition groups at peace talks in Nairobi are at odds over the drafting of a permanent constitution in neighbouring Kenya.
Opposition groups proposed that the first phase of drafting take place in Nairobi and the second phase in South Sudan, but the government rejected the proposal.
Information Minister Michael Makui told reporters at a press conference in Juba on Friday that they rejected the opposition’s proposal because constitution-making should be done and owned by South Sudanese.
“Our main disagreement is that the opposition believes that constitution-making should be done in Kenya and then brought to South Sudan, while we say no,” Makui said.
“The writing of the constitution should be done by and owned by the people of South Sudan. We cannot draft a constitution outside of South Sudan,” he added.
Makuei, who is also the government spokesman, said the transitional government only has the technical and financial support to draft a permanent constitution that belongs to the people of South Sudan.
“They (opposition) say the Kenyan constitution was drafted in Britain, the Somali constitution was drafted in Kenya, they cite many other constitutions but it turns out that they were all for independence so we had an interim constitution and drafted it in South Sudan. What makes us go out and start drafting our own permanent constitution? This permanent constitution should be drafted in South Sudan,” Makui said.
“We are just negotiating strengthen “Implementation of the mechanism. We have found two problems in the implementation of the current agreement: one is the weakness of the implementing institutions and the other is insufficient funding,” he added.
Meanwhile, Higher Education Minister Gabriel Changson Chang said: “Part of the reason is the fear that if this is done in South Sudan, it will cause intimidation and people will be afraid to speak out the truth.”
Chanson, a leading member of the South Sudan opposition alliance that is part of the current transitional government, said measures would be taken to prevent panic once a peace deal is signed in Nairobi.
However, multiple opposition sources at the Nairobi peace talks told Radio Tamazuje that they wanted the first phase of the constitution-making process to take place in Kenya so that representatives from South Sudan and the diaspora could speak freely without fear or intimidation, citing the lack of freedom of speech domestic.
Another leading opposition member, who spoke on condition of anonymity, also said they demanded adequate representation in the National Electoral Commission to ensure proper management and preparation for transitional elections.
“Some international donors in Juba are ready to support and finance the Toumani Initiative, but they want to see a transparent process and commitment to achieving truly peaceful, inclusive and free and fair elections in South Sudan after the transition period,” one source said.
Draft peace agreement
A draft peace agreement was recently leaked Radio Tamazuei reported that a National Leadership Council was established to provide leadership and guidance to the Joint Defence Council, the National Constitutional Review Commission, the National Electoral Commission, the Political Parties Commission and other institutions with responsibilities related to the implementation of the Toumani Framework.
The draft agreement retains the current presidential structure and expands the presidential term to accommodate more members from opposition groups that signed the Toumani Initiative to join the leadership council.
In the constitution-making process, the document said the parties agreed to revitalize, structure and restructure the National Constitution Review Commission (NCRC) to expand its membership and establish an inclusive commission. They also agreed to enhance the inclusiveness of the constitution-making structure and process.
The 25-page document details an inclusive governance structure and the sharing of responsibilities between the government, the opposition and other stakeholders, covering areas such as executive responsibilities, the legislature, security, the constitutional process and election management.
Other areas of governance and responsibility-sharing agreed by the two sides include justice sector reform, ceasefire, and security arrangements and reforms. The document talks about the reconstitution of the Strategic Defence and Security Review Board (SDSR), which will be composed of representatives of armed opposition groups to develop and implement comprehensive security sector reforms, leading to the creation of a unified army and the reorganization of other organized forces.
The parties and stakeholders agreed to establish a High-Level Group of Regional Heads of State and Government, which will consist of Heads of State and Government from the region, whose duties and role will be to liaise with the National Leadership Council, monitor and oversee the agreement.
According to the draft agreement, all parties and stakeholders agree to manage resources transparently and effectively manage all revenues and public resources.
Opposition groups negotiating with the transitional government include the South Sudan Opposition Movement Alliance (SSOMA) led by Generals Paul Malong and Pagan Amum, the South Sudan United National Alliance (SSUNA) led by General Stephen Buyi Rolnyyan, and the National Salvation Front-Revolutionary Command led by General Mario Loku Thomas. Other stakeholders include civil society, academia and religious groups.
The main rebel leader, General Thomas Cirillo, is not participating in the ongoing talks.
On May 9, peace talks between the South Sudanese government and resistance groups were launched in Kenya.
The mediation was led by former Kenyan army commander Lazarus Sumbeiywo, who also brokered the Comprehensive Peace Agreement (CPA) in 2005, which granted South Sudan autonomy and subsequently facilitated the 2011 independence referendum.
In December 2023, South Sudanese President Salva Kiir asked Kenyan President William Ruto to take over the mediation of the Roman Community of Sant’Egidio, complaining that the negotiations had spent too long in the hands of Rome without yielding results.
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