Official vows to quit S. Sudan constitutional review body
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By Julius N. Uma

January 16, 2011 (JUBA) - A member of the recently appointed South
Sudan Constitutional Review Commission (CRC) has vowed he will never
take oath of office, unless proposals advanced by the civil society
groups are taken into consideration by President Salva Kiir.


Presidential Decree No. 03/2012 for the Appointment of full0time and
part-time members of the National Constitutional Review Commission
(NCRC)Samuel Dong Luak, an advocate was the only civil society member
appointed, through a presidential decree issued on 9 January, as part
of the 45-member commission. Luak, together with 34 others, will serve
as part-time members of the CRC.

The commission is headed by Prof. Akolda Ma’an Tier and Dr. William
Othwon Awer as chairperson and deputy respectively. The duo and six
other members have appointed permanent members of the constitutional
body.

Kiir’s established comes in line with Article 137 of South Sudan’s
Transitional Constitution, which provides for the establishment of an
independent National Constitutional Review Commission, within six
months of independence.

South Sudan seceded from North Sudan 9 July 2011 as part of a 2005
peace deal that ended decades on civil war.

Forming the transitional constition, which will last until the next
scheduled elections in 2015 was a controversial process with many
opposition groups pulling out of the process, accusing the ruling SPLM
of ignoring their opinions on term limits and other issues.

Senior members of the SPLM - the former rebels who have governed South
Sudan since 2005 - also critisiced the transitional constitution for
centralising power in Juba and in the presidency.

Addressing a press conference in Juba, the South Sudan capital, civil
society alliance members argued that their voices were excluded from
the consultation process, prior to the president’s decree. President
Kiir, they said, had acted contrary to constitution.

According to Article 202(2) of South Sudan’s Transitional
Constitution, “The President of the Republic shall, after
consultations with the political parties, civil society and other
stakeholders appoint the Chairperson, the Deputy Chairperson and
Members of the Commission.”

Biel Boutros Biel, the Secretary General of the alliance said the
President’s act was “anti-public, unconstitutional and should not go
unchallenged.”

The alliance is now demanding that the President issues another decree
appointing four more civil society members to the constitutional
review body. These four, they say, shall be directly elected by the
civil society fraternity, not handpicked.

They also demand that Luak, the only civil society representative on
the Constitutional Review Committee (CRC) be included as a permanent
member of the body, not on part time basis as it currently stands.

Luak told journalist he was unprepared to join the CRC unless the
demands of the alliance were duly met by the president.

“I will not take oath of office as mandated. As civil society members,
we need to speak with one voice and in the interest of our people,” he
said as other members applauded.

Luak controversially resigned from the South Sudan Referendum Bureau
(SSRB), the Juba-based mandated with conducting the vote which saw
over 98% of Southern Sudanese chose independence in January 2011. The
lawyer was a commissioner in-charge of training.

However, Edmund Yakani, an outspoken civil society activist has
questioned Luak’s motive’s for not joining the CRC. In an interview
with Sudan Tribune on Monday, he said it would be very unfortunate if
Luak boycotts the constitutional review body due to “personal
interests” other than in the interest of the civil society fraternity.

“To me, any decision taken by the civil society is a welcome move
provided it’s done in the interest of the majority, not from a
personal point of view. If Samuel Dong Luak had vowed never to take
oath of office, it’s a welcome move provided it is in the interest of
the civil society and not his own interest,” Yakani said.

A strong civil society, he said, is that which advocates for members
who represent the majority, as opposed to those who advance personal
agendas.

Meanwhile, the 45-member CRC, which comprises majority membership from
South Sudan’s ruling Sudan People Liberation Movement (SPLM), other
political parties, civil society and faith-based groups will mainly be
tasked with two main functions;

•To keep the law of South Sudan under systematic review by undertaking
research with a view to develop, modernise, reform the country’s laws.
•Carry out research in relation to reviewing of the Constitution,
Acts, and other South Sudan laws so as to meet the aspirations of
citizens in the nascent country.
(ST)

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