Constitutional Reform: R-ARCSS
Implementations
Constitutional Reform – 2018
R-ARCSS stipulated that the Revitalised Transitional Government of National Unity (RTGoNU) initiate a permanent constitution drafting process once inaugurated.
No progress observed in 2018.
Constitutional Reform – 2019
No progress observed in 2019.
Constitutional Reform – 2020
With the appointment of the First Vice President and three of the four Vice Presidents on February 22nd, the process of drafting a permanent constitution began. The RTGoNU (Revitalised Transitional Government of National Unit) initiated and oversaw the permanent constitution-making process, including an enactment of laws to govern the process, reconstitute the NCAC (National Constitutional Amendment Committee), appoint a preparatory sub-committee for the convening of the National Constitutional Conference. The RJMEC (Reconstituted Joint Monitoring and Evaluation Commission) convened a workshop moderated by an international institute known for its constitution-making work for the parties.[1] The parties agreed to a workshop in February 2021 to determine the permanent constitution-making process.
[1] “Progress report no. 6: On the implementation status of the R-ARCSS,” Reconstituted Joint Monitoring and Evaluation Commission, April 20, 2020.
Constitutional Reform – 2021
The National Constitutional Amendment Committee (NCAC) was operational and active in 2021. The committee drafted the Permanent Constitution Making Process Bill 2021 and presented it to the RTGoNU (Revitalised Transitional Government of National Unity) Council of Ministers for their approval on 19 October. The Bill is foundational for reconstituting and establishing institutions and mechanisms tasked with completing the final constitution and providing timelines.[1]
[1] On the Status of Implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (1st October to 31st December 2021). Report no. 013/21. Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). 2 February 2022.
Constitutional Reform – 2022
While the National Constitutional Amendment Committee (NCAC) was established in 2021, the process of drafting the permanent constitution had a slow start. The 2022 Constitution Making Process Bill was tabled in the Transitional National Legislative Assembly (TNLA) and was referred to a specialized justice sub-committee. However, the bill was introduced when the SPLM-IO members were boycotting the assembly for amendments introduced in the political parties bill.[1]
The bill was reintroduced again in the TNLA and was passed in November 2022, and became law in December 2022 with the assent of the President. Following the assent, the RJMEC notes that the constitution-making process would involve implementing 18 different tasks, including reconstituting the National Constitution Review Commission, the Constitution Drafting Committee, the Preparatory Sub-Committee, the National Constitutional Conference, and the Constituent Assembly. Among other tasks are the public consultations of the draft constitution.[2]
[1] On the Status of Implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (1st April to 30th June 2022). Report no. 015/22.
[2] On the Status of Implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (1st October to 31st December 2022). Report no. 017.
Constitutional Reform – 2023
After the establishment of the National Constitutional Amendment Committee (NCAC) in 2021, the process of drafting the permanent constitution had a slow start. The NCAC reviewed several important laws and drafted new acts and bills. The NCAC is expected to complete its mandate soon. According to the RJMEC report, the NCAC reviewed a total of 25 laws and drafted necessary amendments confirming the provisions in the 2018 agreement.[1] However, it was only in November 2023 that President Kiir reconstituted the National Constitutional Review Commission (NCRC). [2] The members of the NCRC were sworn in in December 2023. The establishment of the NCRC is a necessary step in making the permanent constitution according to the Constitution Making Process Act of 2022. The 58-member NCRC had representatives from different political parties, civil society, academia, ethnic minorities, business communities, and other sectors, including refugees, IDPs, and persons living with disabilities.[3] The Commission however did not meet the 33% gender threshold as required by the R-ARCSS.
In the constitution-making process and within the NCRC, the Constitution Drafting Committee members have yet to be appointed, and the Preparatory Sub-Committee is yet to be established.[4]
[1] RJMEC. 2024. On The Status of Implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan. Report No. 021/23 (January 2024).
[2] Kiir reconstitutes Elections Commission, Political Parties Council, Constitutional Review Commission. Radio Tamazuj. November 4, 2023. https://radiotamazuj.org/en/news/article/kiir-reconstitutes-elections-commission-political-parties-council-constitutional-review-commission
[3] Kiir reconstitutes Elections Commission, Political Parties Council, Constitutional Review Commission. Radio Tamazuj. November 4, 2023. https://radiotamazuj.org/en/news/article/kiir-reconstitutes-elections-commission-political-parties-council-constitutional-review-commission
[4] RJMEC. 2024. On The Status of Implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan. Report No. 021/23 (January 2024).