Ethnic politics in constitution-making: Safeguards for protecting minorities

The chapter discusses the protection of ethnic minorities during constitution-making processes. It does this by examining both the history of constitution-making in Sudan and Southern Sudan and current efforts towards making a ‘permanent’ constitution under the Revitalized Peace Agreement. The analysis reveals that there have been limited constitutional safeguards and guarantees for protecting ethnic minorities. Steps to ensure such protection should begin with the inclusive participation of all minorities, in particular those that are not only minorities in numerical terms but socio-politically marginalised. The role of ethnicity in any political process is critical because exclusion breeds division and unhealthy competition, which potentially leads to conflict. The chapter recommends the inclusion of all minorities and the adoption of constitutional measures to safeguard a variety of minority rights, in particular the right of ethnic minorities to participate in South Sudan’s socio-economic programmes.