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November 17, 2011 (JUBA) - South Sudan lawmakers should consider reviewing term limits for the presidency, which was excluded from the country’s Transitional Constitution as well as the recently endorsed draft Elections Act 2011, the Carter Center has said.
The organisation, which is run and founded by former US President Jimmy Carter, said term limits for all office-holders, particularly the president, should be considered during the review of South Sudan’s permanent - due to begin in January 2012.
“Another key issue to review relates to the number of times one can contest for the presidency. The Transitional Constitution eliminated such term limits for the presidency and the electoral law is similarly silent,” it notes.
The Carter Center, in a November 16 statement, also urges lawmakers to review the president’s power to dismiss elected governors and state legislative assembly members, in event of the declaration of a state of emergency.
Specifically, it advocates that National Legislative Assembly members should consider whether this power can be limited with additional checks to avoid abuse.
South Sudan currently has more than 382 members of parliament split between the National Legislative Assembly (332) and the Council of States (50), reportedly making it one of the largest legislatures in the world when compared by population of the country.
According to both the Transitional Constitution and the Elections Act, however, members of the Council of States will not be popularly elected, but shall be elected by members of the State Assemblies. Alternative structures, the Center says, could be considered to ensure that members of the Council of States are directly accountable to the people.
Meanwhile, the organisation described South Sudan’s “inclusive and consultative” approach in the recent drafting of the National Elections Act 2011 and the Political Parties Bill 2011 as important steps towards achieving a firm foundation for the country’s legal system.
The Center urges the county’s lawmakers to begin the process of reviewing, debating and eventually pass these two laws before its final endorsement by South Sudan president.
“With a new transitional constitution in place, it is critical that the spirit of inclusiveness continues as the Republic of South Sudan takes additional steps to form the foundation of its legal system as a sovereign country,” partly reads the November 16 statement.
The Center specifically thanked the country’s justice ministry, which reportedly led efforts to conduct a series of consultative forums prior to the drafting of the two laws, and both the president and vice-president office for having played key roles in the political meetings.
This inclusive participation, it argues, is an encouraging sign that the southern government welcomes a wide range of input and views on the key laws in Africa’s newest country.
However, for South Sudan to meet the globally accepted standards and practices essential for election conduct and political parties’ activities, the US-based Center strongly advocates that both laws be carefully immediatelyreviews and considered.
The Center cites the appointment procedures for the National Election Commission (NEC) and the Political Parties Affairs Council (PPAC), provisions for dispute resolution, and the right to an effective remedy as some of the keys issues that require review, before the eventual passing of the two laws.
It says, “This will help ensure that the two councils are best positioned to operate independently and that there are clear dispute resolution procedures to ensure that all stakeholders enjoy the right to an effective remedy.”
In addition, citizens and civil society actors have been urged to provide input to the Elections and Political Parties Acts. The National Legislative Assembly is also set to hold public hearings to seek input on the draft bills.
“The deliberations and hearings held in the National Assembly would benefit from additional public information on the draft bills to publicize ways in which citizens, political parties, and civil society organizations can become involved,” further says the Carter Center.
South Sudan officially adopted its Transitional Constitution on July 09 following its independence, when Salva Kiir, the country’s president endorsed the controversially passed law.
Once passed, the National Elections Act 2011 will reportedly set the rules that will govern the administration of the next elections in South Sudan, anticipated to be held in 2015 before the terms of current lawmakers expire, as outlined in the country’s Transitional Constitution.
The Act, among other things, provides for the formation of NEC; a body reportedly set to comprise of nine members appointed by the president and approved by parliamentary majority.
(ST)
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