The Parties to the Agreement are Seeking to Knockdown the 35% Women Representation in the Parliament

Photo Courtesy/Left, Kiir, Right Riek Machar. The two warring commanders destabilizing South SudanPhoto Courtesy/Left, Kiir, Right Riek Machar. The two warring commanders destabilizing South Sudan

The Parties to the Agreement are Seeking to Knockdown the 35% Women Representation in the Parliament.

1. The Parties are dragging their feet to implement some of the most basic tenets of the Agreement by seeking to knock down women representation in Parliament from their lists of nominees. The Parties (as group) shall constitute the parliament by at least 35% Women and singly shall include 35% Women in their lists of nominees. This requirement which is a ground breaking milestone of the High Level Revitalization Forum (HLRF) is now in great danger.

2. In clear violations of the Agreement, the parties; SSOA, OPP, and ITGNU are delaying and refusing to submit their lists of nominees to the parliament to NCAC for fear that their lists fall short of the requirements of the Agreement including 35% women affirmative actions.

3. The procedure provided by the Agreement (Art. 1.18.1.4) demands that the parties without exception shall submit their lists of nominees to NCAC who shall certify that the lists meet the Agreement and Constitutional requirements and submit the same to the President, but some parties are seeking to exploit the Office of the President to violate these basic requirements.

4. Some parties (SSOA, OPP and ITGoNU) are engaged in selective implementation of the Agreement and have refused to include women in their list as required by the Agreement and the Constitution and have ran with their lists to the President in clear violations of the Agreement and the Constitution.

5. If the Parliament is reconstituted unjustly and without meeting the Constitutional and Agreement requirements of 35% women in the membership, it shall be an illegal entity improperly reconstituted. The 35% has become a constitutional requirement under Article 16(4a) in which all levels of government are required to include 35% women in their appointments.

6. If the Parliament is not composed of 35% women and that of youth quotas, the legality of its existence shall be contested in the Constitutional Court (as shall be established) and the party found culprit shall forfeit its membership. Those engaged in this business, should know it is unsafe venture! Since each party shall be demanded to showcase how it has sought to implement this constitutional requirement.

7. I supposed that all the parties represented in the Presidency and Council of Ministers have reaffirmed their commitments and subscribed to the Agreement and the Constitution after taking their Oath of Offices and shall abide by their oath to respect the Agreement and the Constitution.

Nathaniel Pierino
Tuesday 5 January 2021

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