November 30, 2023


Through Education Matters

Put up-conflict constitution-generating processes: Lessons and greatest procedures for South Sudan – South Sudan

This report examines the ordeals of selected countries, in so significantly as these may present classes and finest practices for South Sudan as it envisages a system towards the adoption of a long lasting constitution. It compares the constitution-producing procedures adopted in 21 jurisdictions from about the world – Africa (13 nations),
Asia (5), South America (1) and Europe (2).
The scenario studies were cautiously picked, taking into account the extent to which their contexts resonated with that of South Sudan. The components taken into account in this regard integrated, among other folks, ordeals with armed conflict ethnic tensions militarization in the process of state making and the existence of significant purely natural resources.
The study is presented in 4 parts. Section 1 introduces the analyze and presents a transient history to it. Section 2 incorporates a wide critique of the chosen scenario scientific tests with individualized analyses of each individual of the jurisdictions, and at its conclusion, a table containing summarized key details about each profiled country’s constitution-earning procedure.
The report then proceeds with analysis, in Part 3, of the particular troubles and attributes which emerge from the different situation scientific tests. This Segment also identifies trends and ideal methods in this regard. Finally, Portion 4 reiterates the key conclusions of the research, and tends to make ideal suggestions for the envisaged constitution-generating approach in South Sudan.
In the most important, the analyze identifies the require for: i) authentic and powerful constitutionmaking bodies, like a Constitutional Commission (charged with conducting public schooling and session, and establishing the 1st draft of the new Structure) and an elected Constituent Assembly (tasked with deliberating upon the draft Structure and adopting a final draft Constitution) ii) the adoption of broad guiding rules to notify the structure-producing system, which really should also enable for judicial oversight more than the method iii) strong public participation and engagement, which need to be preceded by extensive, indepth and prevalent civic education and learning, and which must permit and really encourage the participation of susceptible or traditionally excluded groups iv) sufficient allocation of time for the process (1-3 a long time), and the separation of constitution-creating from the negotiation of peace agreements v) a restricted part for the intercontinental neighborhood and skilled teams so as to make sure a genuinely organic and house-developed constitutional doc vi) the adoption of the last draft Structure by a referendum and vii) publish-adoption safeguards, such as ongoing civic education and learning as perfectly as judicial oversight over the new constitutional dispensation.
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