JUBA/GENEVA - The further two-year extension of South Sudan's transitional government is in large measure due to the failure by the country's transitional political leaders to conscientiously implement the revitalised peace agreement, whose key provisions have the potential to consolidate peace, uphold human rights protections, and transform the country, the UN Commission on Human Rights in South Sudan said today.
On Saturday 21 September, the Transitional Constitution was amended, to extend by another two years the transitional governance arrangements in place under the 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan. Beyond delaying elections, the extension further defers action on human rights and peace.
"Since independence in 2011, South Sudan's unelected leaders have continued to entrench impunity for systematic and gross human rights violations, fuel insecurity, and deliberately thwart efforts to democratise the country," said Yasmin Sooka, Chair of the Commission.
"Addressing civil, political, and socio-economic rights is a core obligation of all governments, yet South Sudan's leaders have failed to fulfil these obligations. The challenges to a peaceful transition to democracy are not insurmountable if one implements the Revitalised Agreement as it was envisaged. However, the delays and unwillingness to compromise reflect the preoccupations of a predatory elite most concerned with remaining in power, and enriching themselves from the country's vast oil and other wealth. A flagrant disregard for the plight of their own citizens is a testament to unaccountable leaders not having the political will to respect and protect human rights," said Commissioner Sooka.
"Across the country, South Sudanese face incredible economic and social hardships, and have shared with our Commission their deep sense of betrayal and helplessness. Meanwhile, their leaders have saddled current and future generations with unsustainable levels of debt to foreign entities, undermining popular aspirations for prosperity, peace and democracy," continued Sooka. "In the six years since the Revitalized Agreement was adopted, the main political parties have had sufficient time to implement its key provisions. But they have squandered the goodwill and practical advice of the African Union, IGAD and the international community, as well as the desperate hopes of citizens."
The Commission observed that the delay by South Sudanese leadership to pursue peace has resulted in a dire humanitarian crisis, characterized by extreme hunger and food insecurity, and the displacement of more than four million South Sudanese both in the country and the region. In South Sudan, the basic needs of nine million people are unmet, equating to around three quarters of the population, while the humanitarian assistance levels are insufficient, with vulnerable women and children most profoundly affected.
The Commission noted that despite the last two-year extension of the Revitalized Agreement in August 2022, most critical tasks remain unimplemented, including the comprehensive unification of armed forces and their deployment, development of a permanent constitution, establishment of rule of law and transitional justice mechanisms, and credible electoral arrangements. All these are the minimum requirements for good governance, to ensure the promotion and protection of human rights to prevent further violations, as well as being the pathway for South Sudan's durable recovery from devastating conflict.
Commissioner Barney Afako observed that, "South Sudan faces a maelstrom of interlinked crises. Damage to one of the oil export pipelines, linked to war in Sudan, has significantly reduced national revenue at a time when South Sudan hosts hundreds of thousands of newly displaced persons, including Sudanese refugees. South Sudan is also at the frontline of the climate crisis, with both flooding and drought adding to widespread deprivations and prolonged displacement. In the face of these multiple challenges, South Sudan cannot afford to endure more business as usual. Its political leaders must finally and urgently invest in delivering tangible democratic, protection and human rights outcomes."
"The latest two-year extension envisages 'austerity measures' - but this is in a context where most most civil servants are already unpaid, while schools, health clinics and courts are not even receiving their woefully inadequate budget allocations," stated Commissioner Carlos Castresana Fernández. "The vast theft of national revenue and its criminal diversion continues even with the interruption to oil exports this year. South Sudanese want to see where their national revenue is going. They want to see the resources supporting services essential to building a democracy, such as reliable law enforcement and administration of justice institutions, to address conflicts, violence and corruption, and resolve disputes through adjudication. With a dysfunctional justice system, the denial of the right of access to justice perpetuates impunity to the detriment of the most vulnerable groups, including women subjected to endemic sexual violence, and children abducted into enslavement or armed violence."
Earlier this month, lawmakers submitted two bills to the President that would enable the establishment of a Commission for Truth, Reconciliation and Healing alongside a Compensation and Reparation Authority, as envisaged under the Revitalized Agreement. The Commission notes that while these bills represent an important step towards dealing with the past and responding to victims, the content of the bills has not yet been made public, and there are no known measures for open and broad-based public and victims awareness and participation in consultations, which is an existing requirement both domestically and internationally. The concerns shared by victims' groups and civil society on the lack of transparency and meaningful consultations must be addressed in implementation, starting with the critical process of selecting independent and impartial members of the independent bodies, to ensure the credibility and legitimacy of the truth-seeking and reparation processes.
Since the original commitment to establish a Hybrid Court in 2015, the Government has failed to engage seriously with the African Union to establish it. Without a functioning Hybrid Court, there is little prospect that South Sudan will build an effective criminal justice system and a culture of accountability. Impunity for gross human rights violations has become entrenched, as evidenced by the lack of accountability for egregious violations across the country, with ongoing grotesque violations including widespread killings, sexual violence, abductions, and trafficking - continuing in the climate of near absolute impunity, and visiting immense suffering on South Sudanese communities.
In a move that will further empower and embolden State repression, in July 2024 the Government adopted legislation preserving powers of detention routinely abused by the National Security Service, which maintains clandestine 'ghost houses' of torture and enforced disappearances. The determination of the President to keep this repressive legislation, despite pleas for revisions from several national, regional and international entities, including this Commission, reflects a troubling disregard for the basic rights of the people of South Sudan, and bodes ill for the prospects of a peaceful transition and credible elections.
It is imperative that South Sudanese should be enabled to finally choose their leaders, participating in an an inclusive transformative processes such as making a permanent constitution and dealing with accountability for the past, which are preconditions for building a democratic and stable society. The Government should also ensure an inclusive and participatory process in regard to the peace processes, including through the ongoing Tumaini Initiative. More than ever, South Sudanese desperately need their leaders to become responsive to their rights, needs, and aspirations, otherwise the country's transition is in peril, with potential for catastrophic consequences.
The members of the Commission urge the African Union, IGAD and the international community to continue their support to South Sudan and to hold the country's leadership to account for the implementation of the outstanding tasks linked to the transition. It also urges that the processes that remain are transparent, and provide opportunities for public participation in all their aspects, guaranteeing the safety and security of all.
