LocationsConsultations On the National Elections Act, 2012 (Amendment) Bill, 2023
South Sudan Prepares for its First Elections
June 30, 2023
Elections Act (2012) Amendment Bill
UNDP/Amos Agiro
In August 2022, the parties to the Revitalized Agreement for the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) extended the transitional period provided for in the 2018 agreement by two years and thus postponing elections to December 2024. Although there are multiple challenges in holding the elections, the parties to the Revitalized agreement have expressed their commitment to hold elections and UNDP is here to provide support.
A critical piece of legislation, the National Elections Act, 2012 (Amendment) Bill, 2023 is currently before parliament and is being reviewed by the Standing Specialized Committee on Legislation and Justice of the Transitional National Legislative Assembly.
With support from UNDP and UNMISS, a consultations workshop was organized by the Standing Specialized Committee on Legislation and Justice on Thursday 22nd and Friday 23rd June 2023. The consultations workshop was attended by over 100 participants including the National Elections Commission, academics, electoral experts, members of the Law Society and representatives of civil society including youth, women, and persons with disabilities.
Prof. Abednego Akok, Chair of NEC, Dr. James Mabor Gatkuoth Nyak, Chair of Standing Specialized Committee, Mr. Darren Nance, Principal Electoral Affairs Officer at UNMISS and Dr. Joseph Geng Akech
UNDP/Sarah Sibrino
During the opening, Dr. James Mabor Gatkuoth Nyak, chairperson of the Standing Specialized Committee on Legislation and Justice said ‘’the Elections Bill is very, very important to the committee because even a normal South Sudanese on the street is yearning for elections.’’ He also urged the stakeholders present to engage as much as possible because, ‘’The leadership of the Standing Specialized Committee on Legislation and Justice wants to embrace an inclusive elections process.’’
Getting South Sudan ready for elections
Representing the United Nations at the opening, Mr. Darren Nance, Principal Electoral Affairs Officer at UNMISS, congratulated the Committee for making this process inclusive by listening to the view of all stakeholders. And urged national authorities to address challenges specific to South Sudan including infrastructure issues, logistics, climate, security, accessibility of voting centers, and the status of the national elections commission which impact the administration of elections.
What is South Sudan’s Goal for the upcoming Elections? Inclusivity, Transparency, Credibility and Sustainability.
Review of the National Elections Act, 2012 (Amendment) Bill, 2023
Review of the National Elections Act, 2012 (Amendment) Bill, 2023
During the consultation, the National Elections Commission (NEC) presented implementation considerations associated with the bill, with an objective to:
1. Achieve an inclusive representation including, youth, women, and persons with disabilities.
2. Simplify the process to make it easier for voters, political parties, candidates to participate in the process and for the NEC to implement the elections within the overall timeline provided by the roadmap. The NEC also presented an option for consideration to simplify the proportional representation component in the law.
This was followed by presentations and proposals from youth, women, and persons with disabilities.
Giving a voice to persons with disabilities through an electoral quota
Mr. Augustino Wudu who presented on behalf of persons with disabilities said, ‘’We do not need your pity, rather considerations when preparing for the electoral process''. He talked about support to be given to persons with disabilities i.e., polling stations should have ramps and be easy to access, ballot papers be translated into braille or have support in place to assist those in need.Promoting youth inclusion and participation through an electoral quota
Mr. Ayuel David Machar from Young Global Leaders Network South Sudan/South Sudan Youth Organizations Coalition said that the three percent allocated for youth at the National Level and would equate to seven youth members out of 250 members of parliament and reasoned that these figures are too low to represent the largest population in the country. He suggested that the number be increased to nine instead, to be distributed among the regions.Securing meaningful representation of women through a quota system in South Sudan.
Ms. Jackline Nasiwa, Director of Centre for Inclusive Governance, Peace and Justice (CIGPJ) and Ms. Lorna Merekeja, Secretary General of South Sudan Democratic Engagement, Monitoring and Observation Programme (SuDEMOP) made presentations on the 35 percent women’s quota. A recommendation was that the 35 percent quota be reserved for women constituencies at both national and state Levels.
Informative, thought-provoking debate over two daysPresentations were also made by Professor Luka Biong Deng Kuol, Mr. Justice Geri Riamondo Legee, Dr. Biong Kuol Deng – from the University of Juba, Mr. Edmund Yakani from Community Empowerment for Progress Organization (CEPO) and Dr. Nic Cheeseman, Professor of Democracy at the University of Birmingham, UK.
Dr. Cheeseman in his presentation of comparative examples of quota systems noted that if the inclusion of quotas for youth, women, and persons with disabilities is successful, South Sudan would be one of the few countries in the world to achieve this.
Discussions over the two days were robust with a range of views presented. In his closing remarks, Mr. Titus Osundina, UNDP Deputy Resident Representative-Programmes said UNDP and UNMISS remain steadfast in accompanying the people of South Sudan in their transition to democratization.
What Happens Next after Consultations? Roundtable interview on Radio Miraya.
Following the consultations workshop, the Standing Specialized Committee on Legislation and Justice will take into consideration the proposals and views presented to inform its deliberations on the bill. Further information on next steps and interviews with the Committee chairperson and others can be heard on Radio Miraya at:
https://audioboom.com/posts/8323287-the-roundtable-elections-legislation-in-south-sudan
