South Sudan Women Constitutional Conference Recommendations

The Women’s National Constitutional Conference.

Conference Resolutions  6^th – 10^th May, 2013 At Juba Grand Hotel,South Sudan

Preamble

We the members of the Women National Constitutional Conference of the South Sudan gathered in Juba, South Sudan on 6 -10 May 2013, at the Juba Grand Hotel, Central Equatoria under the theme “Our Nation, Our Constitution: Women’s participation in Constitutional Development is Key”.

REMEMBERING our martyrs who sacrificed to liberate us from the bondage of slavery, culture of human rights abuse by offering their lives for our freedom and liberty,

GRATEFUL to the Almighty God for having given us this great Nation,

MINDFUL of the Transitional Constitutional provisions and for the years of transitional period;

HAVING considered the current Constitution review process in developing a constitution for the Republic of South Sudan,

GRATEFUL for the opportunities and guarantees for citizens participation in the constitution review process,

DEEPLY concerned that there exist gaps in the current 2011 Transitional Constitution, that negates women’s participation and leadership,

FURTHER considering that the views collected from women (and men) in all the ten states and fully represented here today to deliberate and consolidate on the issues that will have an impact on the lives of women and the Nation of South Sudan,

RECOGNIZING the seriousness of these gaps towards Nation Building,

RECALLING commitments made by the President to have a constitution that reflects citizen’s views and aspirations,

MINDFUL of the mandate of the National Constitutional Review Commission and principles of the Convention of the elimination of all forms of Discrimination Against Women (CEDAW),

BUILDING on the theme of the Conference ‘Our Nation, Our Constitution: Women’s Participation in Constitution Development Process is Key’,

HAVING considered the recommendations of the Women’s National Constitutional Conference,

WE THE WOMEN DO HEREBY make the following Resolutions:

SOUTH SUDAN AS A NATION

1-    That Republic of South Sudan borders remain as they were in 1956 including the Abyei area.

2-    Each Political Party shall ensure that if the chairperson is male, the vice should be a female and vice versa

3-    English shall be maintained as an official language and all South Sudanese languages be considered national languages, taught, developed and promoted. Arabic is proposed to be a second official language.

4-    Promote knowledge and use of sign language to benefit people with special needs.

BILL OF RIGHTS

1-    Article 15, Marriageable age for both sexes shall be 18 years and above.

2-    A “Women affairs Commission” should be established to monitor the implementation of Affirmative action at all levels of government.

3-    An Inheritance Act to second Article 16 should define who exactly the legal heirs of a deceased person are.

4-    Article 18 should identify the said inhuman and degrading treatment.

5-    Article 21 should mention that no human being is to be used to compensate the family of the murdered one (child compensation)

6-    Article 29 Should provide for special rights to education for girls and boys with special needs

CITIZENSHIP AND NATIONALITY

1-    No naturalized citizen should be deprived of his or her acquired full human rights

JUDICIARY

1-    Article 5 should clearly specify the customs and traditions that abuse human and women’s rights, and declare the null and void. Customary laws should be developed for reference purposes.

2-    Women should have full human rights and status to also stand surety or act as guarantors in courts of law.

3-    Judiciary to give special consideration to training for female judges.

4-    Each state should be facilitated to review its customary laws to ensure they conform with  the constitution

EXECUTIVE

1-    Articles 100 should spell out the Presidential term limits to be 2 terms, and a term should be 4 years.

2-    That all presidential appointees have 35% women representation

NATIONAL LEGISLATURE

1-    Article 55 – Should provide for the national legislature to be consulted and approval sought before removal of elected governors and dissolution of state assemblies.

2-    The State shall enact laws to protect women rights and address matters of marriage, divorce and inheritance. We propose a family law.

3-    Article 56 – 1(b) (read and amend as): The national elections laws shall determine the number and composition of members of the National Legislature with at least 35% representation of women.

4-    That Article 56 (b, c) (be deleted from the constitution and read as): the National Legislature shall compose of only elected members.

5-    That a member of the Parliament shall not be a member of the Council of Ministers.

6-    That at all levels of local government, there shall be 35% representation of women and its implementation be overseen by the Local Government Board.

INDEPENDENT INSTITUTIONS AND COMMISSIONS

1-    That a “Women Affair Commission” be formed to monitor the implementation of the affirmative action quota for women.

2-    Article 142(4) should specify that incase the commission chairperson is male, the vice chairperson should be female and vice versa

SECURITY

1. Adoption of international and regional instruments on women rights (CEDAW)
2. Establishment of child care homes for children with convicted mothers, and juvenile centers to accommodate convicted children.
3. Women to be given roles in higher positions and at least 35% of all forces should be women.
4. Enforcement of policies to protect women against all forms of violence.

WOMEN AND ELECTIONS (proposals)

1-    The government shall allocate resources and provide security to female candidates.

2-    Political parties shall implement the quota system of 35% women representation.

3-    Every eligible female candidate shall have the right to contest in her constituency of birth or marriage.

WOMEN ECONOMICEMPOWERMENT (Proposed to be inserted in Constitution)

1-    The Central Bank shall develop policies to empower women through grants and loan schemes to uplift the standard of women.

2-    All levels of government shall allocate budget for capacity building of women through training programs including adult literacy for women.

3-    The government shall allocate at least 5% of its national budget for women empowerment programs.