Opening remarks of H.E. Timo Olkkonen, Ambassador of the European Union at the workshop on federalism for NCRC members

Honourable Minister for Justice and Constitutional Affairs - Ruben Arol

Honourable Minister for Federalism - Lasuba Wango

National Constitutional Review Commission (NCRC) Chairperson - Dr Riang Zour,

Commissioners

Excellencies, colleagues

Dr Kathrin Scherr

All protocols observed, Ladies and Gentlemen,

I am delighted to address you at this workshop about federalism and power sharing, financed by the EU to the tune of 70 % and organised by our partner Max Planck Foundation as well as the UN Mission in South Sudan.

The European Union is a staunch supporter of the constitution-making process in South Sudan; we are proud to support this process with 4 Million Euro.  I have also the honour of chairing the committee on constitutional affairs within RJMEC where the International Community comes together to accompany the process.

The constitution-making process is of historic significance, so immensely important for the future of this country and the successful transition towards a democratic, stable and peaceful South Sudan. The South Sudanese people have not yet had the opportunity to pronounce themselves on the basic rules and values under which they cooperate and would like to be governed. The constitution-making process is elemental to constructing a social contract between the citizens and those, who are entrusted with their leadership and governance.

Beyond the legal text, the new constitution should be a founding document for the new South Sudan. And the constitution-making process should therefore be a process of creating a common state for all ethnicities and societal groups with a common identity where all voices are heard.

I call on the Government of South Sudan to provide guidance to the process. The key questions asked by UN, the AU and IGAD more than a year ago still remain unanswered, and one of those pertain to the role of the constitution, particularly in relation to the planned elections. How can the NCRC be expected to fulfil its mandate when the political framework within which it should operate is not known? I also urge the Government to show commitment and ownership to the process by providing adequate financial means to prepare a constitution that the South Sudanese population can call their own.

The 2018 peace agreement and the roadmap are very clear that the permanent constitution should “initiate a federal and democratic system of government that reflects the character of South Sudan in its various institutions, guarantees good governance, constitutionalism, rule of law, human rights, gender equality and affirmative action”.

Initiating a federal system is very complex and very diverse; you will have lots of opportunities during the workshop to hear and discuss the various forms of federalism. The choices are for the South Sudanese to make in order to design a model that suits South Sudan best. It is not to be ignored federalism also has a fiscal dimension; the federal element and the federated entities need to be able to accumulate revenue and dispose of their proper financial means to contribute to and to implement decisions at the federal level as well as to exercise their own competencies. In the long run, administrative structures need to be financially viable and sustainable.

Within the EU the key purpose of federalism is to promote public participation in decision making and to ensure that decisions are taken as close as possible to the citizen. Article 10 of the EU Treaty stipulates that “every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen”. This is known as the principle of proximity.

While EU Member States know different models of federalism, the EU itself has enshrined the principles of subsidiarity and proportionality which govern the exercise of the EU’s competences. Thereby, the Union can intervene only in areas where the objectives of an action can be better achieved at Union level, by reason of the scale and effects of the proposed action.

Honourable Dr Riang, honourable members of the NCRC, you have a truly historic role to charter the way ahead and draft a founding document for the South Sudan. This document will replace the transitional constitution that has guided the country since 2011.

The progress on the implementation of the South Sudan peace agreement has been frustratingly slow. The stakeholders owe it to each other but especially to the people of South Sudan to show political will and accelerate the process. For the way ahead important political decisions need to be taken now – on the constitution, but also on the electoral process, security arrangements and on transitional justice. On the latest point let me welcome the progress recently achieved in the TNLA in the form of two important bills on reconciliation and compensation being passed.

The European Union will remain your partner in the historic endeavour of bringing the transition in South Sudan to a close.

I wish you fruitful proceedings over the next four days.

I thank you.