What is the fate of the constitutional-making process bill?

It is over four months since the council of ministers approved the constitution-making process bill 2020/2021.

On October 18, 2021, the Minister of Justice, Ruben Madol, presented the bill to the cabinet after being approved by the cabinet. The bill was supposed to be presented to the parliament for debate and approval.

However, the process has been delayed for nearly five months, and nobody knows why it has not been presented to parliament till now despite its importance.

The constitutional-making process bill is a milestone in the democratic transformation of this country because it provides the ground for the setting up of the National Constitutional Amendment Committee (NCAC).

It is through this bill that a permanent structure for good governance and the rule of law is formed for the conduct of general elections by the end of the transitional period.

Therefore, the ministry of justice needs to present the bill to the parliament for debate and approval to pave the way for necessary reforms. The National Constitutional Amendment Committee still has a lot of tasks ahead to ensure that the constitution is amended, as well as to incorporate the peace deal into the national constitution.

Hence, until the constitution is amended, the probability of holding general elections at the end of the transitional period is zero unless the parties to the agreement agree to hold the election under the current constitution.

Apart from providing a conducive environment for the general elections, the constitutional making-process bill also gives citizens the freedom to choose what kind of constitution they want for themselves. It states the structure of the government, defines the powers and prerogatives of the head of state, and the duties and rights of the citizens.

However, for this process to be fair, it must involve the participation of the citizens. This means it should be a citizen-driven constitutional making process, carrying the voices of the citizens and the less privileged groups.

Citizens need to see themselves in the constitution that ensures that those who make decisions on their behalf and those who exercise power may be held accountable to the people they serve.

After spending over four months since its approval by the cabinet, the ministry of justice should ensure the constitutional making-process bill is presented to the parliament to give room for a broader discussion as it is only one year to the end of the transitional period.

The constitutional making process is a broad exercise that involves every group’s participation. It is not like the national budget that is often being discussed by a small and specific committee whose membership just sits in a hall to discuss the budget for the entire nation without consulting the people on their main concerns.