JUBA – The UN Commission on Human Rights in South Sudan has warned that President Salva Kiir’s election plans risk undermining the 2018 peace agreement and fuelling renewed conflict, with its chair describing the political changes as a “constitutional coup.”
Addressing the UN General Assembly’s Third Committee on Tuesday, the Commission called on member states and regional partners to take urgent action to prevent renewed conflict, restore inclusive governance and protect civilians, regardless of whether elections proceed as planned on December 22.
“A negotiated settlement has been displaced under cover of elections. This amounts to a constitutional coup through legislative reforms: the unilateral dismantling of the inclusive power-sharing settlement and concentration of all authority in the President,” said Commission chair Yasmin Sooka.
On September 22, President Kiir dissolved the transitional government, the national parliament and state legislatures, removed First Vice President Riek Machar and other vice presidents, and appointed a caretaker administration.
The changes also delinked the electoral process from key transitional requirements, including the drafting of a permanent constitution and a national population census.
Machar remains detained and on trial, while his Sudan People’s Liberation Movement-in-Opposition (SPLM-IO), a principal signatory to the 2018 peace agreement, and other opposition actors remain excluded from the electoral process. Kiir is expected to be the ruling party’s candidate in the planned elections.
Sooka said elections could not replace the inclusive political settlement needed to secure lasting peace.
“The international community must look beyond 22 December. Whether elections take place or not, South Sudan will still need an inclusive political settlement, protection for civilians and institutions capable of preventing further violence,” she said, urging member states to attach consequences to violations and support diplomatic efforts.
Commissioner Barney Afako said South Sudan’s priority should be a credible political process that addresses grievances and manages political differences peacefully.
“South Sudan’s biggest political challenge is not whether a vote takes place on a particular date; rather, what the country most needs is a credible political process that addresses unresolved grievances, manages political differences peacefully, and commands general confidence of citizens,” Afako said.
He warned that the current political trajectory was promoting exclusion and risking further instability, and called for dialogue, a ceasefire and implementation of the peace agreement.
The Commission also raised alarm over fighting in Upper Nile and Jonglei states, including aerial bombardments, ground offensives, attacks on civilian infrastructure, conflict-related sexual violence and the recruitment of children by armed groups. It said tens of thousands of fighters remain outside a unified command structure, while civilians continue to face insecurity and displacement.
Commissioner Carlos Castresana Fernández said serious violations continued without effective accountability, while people implicated in abuses remained in senior military and political positions.
“Impunity is not only entrenched in South Sudan; it is rewarded,” he said, adding that corruption and the diversion of public resources deprive people of essential services and weaken institutions.
He called for the establishment of the Hybrid Court for South Sudan and concrete steps to hold those responsible for serious crimes accountable.
The Commission urged the African Union, the Intergovernmental Authority on Development and the United Nations to activate a joint task force requested by the AU C5 Plus Summit on September 29 to support the restoration of inclusive governance under the peace agreement.
It also called for an immediate end to hostilities, protection of civilians and safe, unimpeded humanitarian access. Member states were urged to ensure that the UN Mission in South Sudan has the resources and freedom of movement needed to protect civilians.
On the planned elections, the Commission called for safeguards including civic freedoms, credible voter registration, participation by refugees and internally displaced people, and impartial mechanisms for resolving electoral disputes. It also urged action to curb arms transfers, conflict financing and the diversion of public revenue.
“South Sudan’s people cannot afford another cycle of warnings followed by inaction. Member States and regional partners must act together, with urgency and determination, to keep the path to sustainable peace open,” Sooka said.
The Commission’s three members are in New York from October 26 to 30 to meet member states, regional partners, civil society and other stakeholders on efforts to prevent further deterioration in South Sudan.
The Commission is an independent body established by the UN Human Rights Council in March 2016 and renewed annually.