South Sudan Not Ready for Conducting Credible Elections, Special Representative Tells Security Council, Outlining Important Prerequisites to Be Met
South Sudan is not yet ready to hold credible elections in 2024, a senior United Nations official said today, as the Security Council examined the recent developments in that country, including implementation of the 2018 peace agreement and the dire humanitarian situation exacerbated by the influx of people fleeing the conflict in Sudan.
Briefing the 15-nation organ, Nicholas Haysom, Special Representative of the Secretary-General and Head of the United Nations Mission in South Sudan (UNMISS), said that with only 11 months remaining, the pace of overall implementation of the Revitalized Peace Agreement towards December 2024 elections has been uneven. The transitional security arrangements are significantly behind schedule, and the permanent constitution-making process is now 15 months behind the timeline set out in the road map and the peace agreement.
“As matters stand, the country is not yet in a position to hold credible elections, a view shared by key stakeholders across the political spectrum,” he said, stressing that a critical mass of prerequisites must be in place by April 2024 if credible and peaceful elections are to be conducted by December 2024.
He added that the necessary conditions which must be met include: a new permanent constitutional framework in place; properly trained and equipped unified forces deployed; an operational election security plan formulated; a clear electoral framework agreed upon; electoral institutions and mechanisms in place; and voter registration modalities and electoral dispute resolution mechanisms agreed through consensus.
Also briefing the Council was Michel Xavier Biang (Gabon), Chair of the Security Council Committee established pursuant to resolution 2206 (2015) concerning South Sudan, who reported on the Committee’s work in 2023. During a visit in October, the Chair and his delegation met with South Sudan Government and Parliament officials, UNMISS leadership, the UN country team, diplomatic corps and civil society representatives.
He said that the discussions focused on the arms embargo and the implementation of the key benchmarks established by resolution 2577 (2021), as well as progress in the implementation of the Revitalized Peace Agreement. Since January 2023, the Committee has received four exemptions requests concerning the travel ban and asset freeze measures, three of which were granted, he added.
In the ensuing debate, delegates welcomed a series of strides South Sudan made on the political front, including the enactment of electoral laws and restructuring State institutions, but echoed the concern expressed by the Special Representative about delays in implementation of the peace agreement and in preparations for elections. Many speakers also highlighted the need to address acute humanitarian conditions.
The representative of the United States said that the root cause of implementation delays is a lack of political will, stressing that people of South Sudan expect and deserve a peaceful, prosperous and democratic future. However, basic questions around who will vote and how they will do so are still unanswered, she pointed out, noting that “the transitional Government has done so little to prepare for the elections”.
China’s delegate, however, said that the international community must have patience and understand the situation in South Sudan. He opposed imposing external solutions and called for lifting the arms embargo on the country, which has negative impacts on its security capacity-building — calls also supported by his counterpart from the Russian Federation.
South Sudan’s representative said that the transitional Government is focused on matters related to the permanent constitution and transitional security arrangements and has undertaken a comprehensive strategy to combat conflict-related sexual violence, including strengthening legal frameworks to ensure accountability. She asked the Council to lift the arms embargo and remove individual targeted sanctions to enable the development of a secure environment.
On the humanitarian situation, Ghana’s representative, also speaking for Gabon and Mozambique, warned that almost 76 per cent of South Sudan’s population requires assistance and its 2023 response plan is only 48 per cent funded. International donors must honour their pledges as support is still required for the country’s economy, food security and infrastructure.
Adding to that, Switzerland’s delegate said that with the continuing violence at the subnational level, the negative impacts of climate change and the consequences of the ongoing conflict in Sudan, the humanitarian situation is likely to get worse. To alleviate the suffering, her country has increased its humanitarian aid by over $17 million in recent months, she noted.
Briefings
NICHOLAS HAYSOM, Special Representative of the Secretary-General and Head of the United Nations Mission in South Sudan (UNMISS), said that with only 11 months remaining, the pace of overall implementation of the Revitalized Peace Agreement towards December 2024 elections has been uneven. The transitional security arrangements are significantly behind schedule. He noted distinct challenges to the full deployment of the Necessary Unified Forces, which is critical in providing a secure environment to protect civilians before, during and after elections. Among them are the distribution of salaries and equipment, and their operationalization under a single unified command. Regarding the permanent constitution-making process, it is now 15 months behind the timeline set out in the road map and the peace agreement.
In July, the Trilateral Mechanism comprising the UN, African Union and Intergovernmental Authority on Development (IGAD) presented a list of 10 questions to the parties, but those have not been answered by the parties, nor has an appropriate legal framework been set up to resolve these issues. To facilitate proper preparations for elections, UNMISS has convened political party forums, engaged with faith-based leaders, civil society organizations, internally displaced persons and refugees, and other stakeholders. Elections could possibly trigger a relapse into violence in societies emerging from conflict unless adequate time, resources and confidence-building are invested in their preparation. South Sudan faces a similar risk.
Member States have enquired of UNMISS as to whether South Sudan can be considered capable of holding free, fair, credible and peaceful elections. “As matters stand, the country is not yet in a position to hold credible elections, a view shared by key stakeholders across the political spectrum,” he said. The necessary conditions which must be met include: a new permanent constitutional framework in place; properly trained and equipped unified forces deployed; an operational election security plan formulated; a clear electoral framework agreed upon; electoral institutions and mechanisms in place; and voter registration modalities and electoral dispute resolution mechanisms agreed through consensus. A critical mass of these prerequisites must be in place by April 2024 if credible and peaceful elections are to be conducted by December 2024.
UNMISS is actively engaged in promoting an enabling environment for elections through repurposing its staff within existing resources. This involves providing capacity-building support to establish trusted election management bodies and a political environment encompassing the necessary political and civic space for a real competitive process. Scaling up UN electoral assistance under Phase two would involve concrete logistical and similar support to the conduct of the actual elections. This serves as a yardstick for the international community’s support to an election which would be “a nation-building event rather than a divisive exercise”. UNMISS remains committed to the protection of civilians and prioritizes it as a key mandated task. It is now time for Juba to take decisive actions to address these challenges and put in place conditions that not only lead to peaceful and credible elections but also deliver genuine peace dividends and stability after a vote, he said.
MICHEL XAVIER BIANG (Gabon), Chair of the Security Council Committee established pursuant to resolution 2206 (2015) concerning South Sudan, provided a brief overview of the developments in the Committee since the beginning of 2023. In July, the Secretary-General appointed five experts to serve on the Committee’s Panel of Experts. Throughout the reporting period, the Committee convened on eight occasions in informal consultations. During these meetings, the Coordinator of the Panel of Experts presented interim and final reports, along with the work plan for the renewed mandate under resolution 2683 (2023). Additionally, the Committee received a briefing by the Special Representative of the Secretary-General for Children and Armed Conflict, a representative of the Office for the Coordination of Humanitarian Affairs and discussed the Chair’s report of his October visit to South Sudan.
During the visit to South Sudan, the Chair and his delegation met with South Sudan Government and Parliament officials, UNMISS leadership, the United Nations country team, diplomatic corps and civil society representatives. The discussions focused on the arms embargo and the implementation of the key benchmarks established by resolution 2577 (2021), as well as progress in the implementation of the Revitalized Peace Agreement. Since January 2023, the Committee has received four exemptions requests concerning the travel ban and asset freeze measures, three of which were granted, he added.
Statements
LINDA THOMAS-GREENFIELD (United States) cited the lack of political will as the root cause of implementation delays of the Revitalized Peace Agreement since its signing in 2018. Reminding the transitional Government of its obligations to the people of South Sudan, she stressed that “they expect and deserve a peaceful, prosperous and democratic future”. However, basic questions around who will vote and how they will vote are still unanswered, she pointed out, noting that “the transitional Government has done so little to prepare for the elections”. Future funding must be coupled with the renewed push on the South Sudan peace process and improved humanitarian access. In addition, the South Sudanese people have the fundamental right to know how their country’s own money is being spent, she emphasized, calling on the transitional Government to start using public revenue transparently for appropriate public purposes. She further voiced concern over the high level of violence and criminality in South Sudan, in particular abuses perpetrated against women and girls by armed groups, including rape and gang rape.
DAI BING (China) noted a series of strides South Sudan has made in implementing the Revitalized Peace Agreement, including the enactment of electoral laws and the reorganization of State institutions. Elections to be held in December 2024 are critical to national development and stability, he said, stressing the need to create enabling conditions to hold them. The international community must have patience and understand the situation in South Sudan. He opposed imposing external solutions and called for lifting the arms embargo on the country, which has negative impacts on its security capacity-building. The management of petroleum is also an internal affair. The Council should help improve the protection of civilian mandate of UNMISS. The fourteenth batch of Chinese peacekeepers have arrived in South Sudan, he said, reaffirming Beijing’s contribution to stability there. Given the deteriorating humanitarian situation, traditional donors must step up their support.
JAMES KARIUKI (United Kingdom) said that, despite only 12 months remaining until South Sudan is due to hold elections, few of the basic building blocks for a credible process are in place. Welcoming the passing of the Elections Act and the reconstitution of the Electoral and Political Parties Commissions, he said that such laws, however, need to be implemented and the institutions they create well resourced. There are fundamental questions for South Sudan to urgently address, including on how the South Sudanese casts their vote and how many levels of Government they are voting for. For elections to be free and fair, he urged the South Sudanese authorities to ensure the necessary political and civic space so political parties, civil society and voters can freely express views — without fear of reprisal. “The South Sudanese population should feel safe during and after elections,” he stressed, calling on South Sudan to finalize the deployment of a single, unified national army. Turning to the continued impacts of the military clashes in Sudan, he said over 434,000 people have now arrived into South Sudan since the outbreak of conflict.
FRANCESCA MARIA GATT (Malta), welcoming recent political developments in South Sudan, expressed regret that only the Political Parties Council met the 35 per cent quota for women members. She emphasized the need for accelerated implementation of the Revitalized Peace Agreement, adding that political leaders must demonstrate tangible progress in completing critical tasks without delays. Women should participate safely in the election as candidates, voters and observers, she said, emphasizing civic and voter education as well as protection against harassment as priorities necessary to support civil society’s role in the peace process. Voicing grave concerns about conflict-related sexual violence, she condemned gross human rights violations and abuses by armed groups in the Greater Upper Nile. Support should be provided to the national authorities in conducting independent and transparent investigations. She also highlighted the work of UNMISS as “crucial in laying down the foundations for sustainable peace”.
SHINO MITSUKO (Japan) expressed concern about the limited progress made towards implementing the Revitalized Peace Agreement. Highlighting the constrained amount of time remaining before the elections — a crucial step in concluding the transitional period — she urged political leaders to cooperatively address key outstanding issues. On the security risks, she emphasized their exacerbation due to climate change, conflict in Sudan, food insecurity and insufficient basic services as well as socioeconomic factors. Against the backdrop of delayed deployment of the Necessary Unified Forces and the Government’s limited readiness to handle security of its population, she stressed the crucial importance of UNMISS in protecting civilians. Turning to the challenging humanitarian situation in South Sudan, including fragile infrastructure and risks to humanitarian workers, she pointed to expected resource cuts in 2024. In this regard, she emphasized the urgent need for the Government to facilitate a supportive environment for humanitarian efforts.
ANNA M. EVSTIGNEEVA (Russian Federation) expressed concern about the humanitarian situation in South Sudan which is experiencing consequences of the conflict in neighbouring Sudan. Deploring any violations of the Revitalized Peace Agreement by the parties as well as acts of violence against civilians, she supported the decision to extend the transition period to February 2025, while stressing the importance of observing time frames. Pointing to the overall improvement in the security situation in South Sudan, she called upon UNMISS to pay priority attention to the political and security tasks, including preventing intercommunal violence. On the existing sanctions regime, she said it is hindering the deployment of a Necessary Unified Forces contingent in Upper Nile State and the reinforcement of State security structures, adding that: “We categorically oppose the use of Security Council sanctions to exert pressure on that country [South Sudan].” She also urged the international community to support the Government in successfully holding elections slated for 2024.
HAROLD ADLAI AGYEMAN (Ghana), also speaking on behalf of Gabon and Mozambique, voiced grave concern over insecurity in South Sudan and condemned attacks in the Upper Nile State. Voicing further concern over violence in Leer County between armed groups, he called on the Transitional Security Arrangement Monitoring and Verification Mechanism to ensure accountability. Detailing further violence in Warrap State and the southern Abyei Administrative Area, he called on all parties to end hostilities and refrain from harming civilians. “We implore all South Sudanese actors to remain committed to the Revitalized Agreement” he said, also calling on non-signatories to refrain from hampering the Agreement’s implementation. Addressing the humanitarian situation, he said that almost 76 per cent of South Sudan’s population requires humanitarian assistance and its 2023 humanitarian response plan is only 48 per cent funded. International donors must honour their pledges as support is still required for the country’s economy, food security and infrastructure.
Furthermore, the bloc call on all parties to conflict in Sudan, Jonglei and Warrap and Upper Nile States to allow for the delivery of humanitarian assistance, he said, condemning attacks against humanitarian workers and looting of aid. Perpetrators must be held accountable. Welcoming the presidential decree to reconstitute South Sudan’s National Constitutional Review Commission, National Elections Commission and the Political Parties’ Council, he called on all parties to the Revitalized Peace Agreement to resolve remaining issues and for Juba to ensure institutional readiness of the elections institutions. He noted that additional funding is required to implement the 12 December agreement on election conduct. Turning to the security situation, he welcomed the deployment of 750 Necessary Unified Forces troops to Malakal as well as future deployments in other regions. His group of countries supports cooperation between all stakeholders to ensure stability in South Sudan and the region.
RICCARDA CHRISTIANA CHANDA (Switzerland), stressing the need to make progress on the implementation of key political milestones in South Sudan, welcomed the fact that in recent days the parties have reached a common understanding on some of these issues. She particularly welcomed the commitment to a free civic and political space and to a representation of women, who are heavily involved in the transition process. However, she expressed deep concern about the continuing violence at the subnational level. The recent attacks in Unity State have shown once again that civilians are the most affected by this violence. Full implementation of the transitional security arrangements is essential, she stressed, welcoming the support of UNMISS in this regard. Turning to the grave humanitarian situation in the country, she said nearly 60 per cent of the South Sudanese population is suffering from hunger. With the continuing violence at the subnational level, the negative impacts of climate change and the consequences of the ongoing conflict in Sudan, the situation is likely to get worse. To alleviate the suffering, Switzerland has increased its humanitarian aid by over $17 million in recent months, she noted.
ALEXANDRE OLMEDO (France) voiced concern over the delayed preparations for elections. In that regard, France welcomed the presidential decree to concretize the elections process while recognizing that much work remains, namely, to implement the Revitalized Peace Agreement. France encourages South Sudan to continue cooperating with UNMISS, especially in the areas of civilian protection and capacity-building in the justice system and police — the Mission’s exit depends on order on the ground. Such a partnership will be instrumental in the fight against impunity. Voicing concerns that the conflict in Sudan will destabilize South Sudan, he underscored that France and the European Union remain in solidarity with the countries of the region, recalling the bloc’s financial support. Welcoming efforts by IGAD in Djibouti on 9 December, he called on the two parties to respect the ceasefire.
SÉRGIO FRANÇA DANESE (Brazil) expressed regret that the implementation of South Sudan’s road map remains slow, calling on the parties to the Revitalized Peace Agreement to decide which conditions are necessary for holding free, fair and credible elections. He also urged the transitional Government to streamline the measures endorsed by the United Nations, the African Union and IGAD as steps for credible, peaceful and inclusive elections. A stable conclusion to the transitional period will bolster many hard-fought gains for South Sudanese society, such as decreasing levels of violence and greater participation of women in politics and reconciliation processes. Juba’s commitment to peacebuilding, coupled with the continuous support from the international community, will be critical to achieving lasting peace and stability in the country.
AMEIRAH OBAID MOHAMED OBAID ALHEFEITI (United Arab Emirates), expressing concern about the continued deterioration of the security situation in South Sudan for civilians, stressed the need to address the root causes of violence and strengthen the capabilities of security institutions. In this regard, she underscored the important role played by UNMISS in protecting civilians and facilitating reconciliation between communities. As South Sudan heads into its next phase, the role of women in building the society must be an integral part of the electoral process. “While focusing on the complex security and political challenges, we must not lose sight of the difficult humanitarian conditions in South Sudan,” she said, voicing concern over the continuation of violence, the influx of displaced persons and returnees, and attacks on humanitarian personnel. Further, she underlined the need to focus on climate change as one of the most important challenges that greatly affects the humanitarian situation in South Sudan, specifically in terms of its repercussions on pastoral and agricultural communities.
JOSÉ JAVIER DE LA GASCA LOPEZDOMÍNGUEZ (Ecuador), Council President for December, speaking in his national capacity, expressed concerns about the humanitarian situation in South Sudan, where 9.4 million people, including 330,000 refugees from Sudan and over 2 million internally displaced, require assistance. Despite the vital role of humanitarian organizations, their effectiveness is hindered by attacks and insufficient funding, he said, calling on Juba to address basic needs, ensure security for humanitarian staff and take concrete actions to reduce tensions among communities. Voicing alarm over attacks on civilians, kidnappings and acts of sexual violence in Upper Nile State, he stressed the urgency of prioritizing security and protection. In this regard, he welcomed the deployment of the Necessary Unified Forces to the country. Warning of political instability from slow progress in elections legal frameworks development and Revitalized Peace Agreement implementation, he urged the Government to speed up legislative advancements. Turning to the electoral process, he welcomed the appointment of women in certain high-level positions.
CECILIA A. M. ADENG (South Sudan) said that the recent presidential decrees signify a critical step in the reconstitution process and address key components of the road map, including the National Constitutional Review Commission, National Elections Commission and the Political Parties’ Council. On 15 November, the South Sudanese Government deployed 750 personnel of the Necessary Unified Forces to Upper Nile State, signifying another step towards a peaceful transition set out in the road map. The Government is focused on matters related to the permanent constitution and transitional security arrangements and has undertaken a comprehensive strategy to combat conflict-related sexual violence, including strengthening legal frameworks to ensure accountability. Specialized courts and mechanisms have been established. The security sector is also undergoing reforms.
Climate change is exacerbating existing vulnerabilities in South Sudan, she said, calling for international cooperation and support, including investment in climate-resilient infrastructure, promoting sustainable agricultural practices and helping communities diversify their livelihoods. On elections in 2024, she expressed her country’s commitment to fostering a democratic process and invited international observers to ensure transparency. Juba appeals for the lifting of the arms embargo and the removal of individual targeted sanctions to enable the development of a secure environment.