Support to the Constitutional Process in South Sudan

The 2018 Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS), which replaced the prior August 2015 Agreement, marked the culmination of efforts by the regional Intergovernmental Authority on Development (IGAD) to bring to an end the conflict that erupted in December 2013 in South Sudan. The Agreement provides that several activities be conducted during the Transitional Period, including: the establishment of the Revitalised Transitional Government of National Unity (RTGoNU), the implementation of transitional security and humanitarian assistance arrangements, institutional reform, transitional justice arrangements, and the commencement of the permanent Constitution-making process.

The parameters of the permanent Constitution-making process, which is to be initiated and overseen by the RTGoNU, are detailed in Chapter VI of the R-ARCSS. One of the key steps of this process as outlined in the Chapter, mandates the Revitalised Joint Monitoring and Evaluation Commission (RJMEC) to convene a Workshop of the parties of the Agreement to decide on the details of conducting the permanent Constitution-making process. Following close consultations, the Foundation has been identified and engaged by the RJMEC to moderate and facilitate this Workshop.

Additional to this, Chapter VI of the R-ARCSS identifies a number of institutions that will execute functions during the permanent Constitution-making process, including: the National Constitutional Review Commission, the National Constitutional Conference, the Constituent Assembly and the Ministry of Justice and Constitutional Affairs.

With the generous financial support of the German Federal Foreign Office, the Foundation is implementing a project to provide technical legal support to stakeholders in the constitutional process in South Sudan, initially in the development of the design of the permanent Constitution-making process and then throughout the various stages of the Constitution-making process in South Sudan.