NEW YORK/JUBA - Addressing the UN General Assembly's Third Committee today, the UN Commission on Human Rights in South Sudan called on Member States and regional and international partners to take urgent, concerted action to prevent renewed conflict and secure lasting peace in South Sudan, irrespective of the electoral timetable. The Commission warned that the political settlement established in 2018 to prevent another war is being systematically dismantled, placing civilians and the country's fragile transition at grave risk.
The chair of the Commission, Yasmin Sooka, told the General Assembly that South Sudanese have a fundamental right to choose their leaders, but they must be able to do so freely and without fear. Elections cannot serve as justification for the abrogation of the safeguards established under the 2018 Revitalized Peace Agreement (R-ARCSS), including inclusive governance, free political competition and participation, power-sharing and institutional oversight.
"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 Yasmin Sooka, Chair of the Commission. "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. Expressions of concern have not deterred those driving this crisis. Member States must attach consequences to violations and measurable commitments to diplomacy," Sooka added.
The Commission noted that, following recent unilateral constitutional and electoral amendments, President Salva Kiir dissolved the transitional government, the national parliament, and state legislatures on 22 September, removed the First Vice President and other Vice Presidents, and appointed a caretaker administration answerable only to him. The President is overseeing an election in which he is the expected candidate of the ruling party, while First Vice President Riek Machar remains detained and on trial, and his party and other opposition actors remain excluded from the electoral process.
"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. But the current political trajectory eschews inclusion and promotes exclusion, and risks engendering disaffection and destruction. Indeed, South Sudan's short history bears testimony to the disastrous consequences of exclusionary politics and governance. The world must therefore insist on the necessity for dialogue, ceasefire and the transformative pillars of the peace agreement," said Commissioner Barney Afako.
The Commission warned that ongoing fighting, tens of thousands of fighters remaining outside a unified command, and persistent impunity are increasing the risk of renewed conflict. It raised particular concern about aerial bombardments and ground offensives in Upper Nile and Jonglei, attacks on civilian infrastructure, conflict-related sexual violence and the recruitment of children by armed actors. Civilians continue to bear the consequences, with displaced communities struggling to access protection and essential services.
The Commission urged the African Union (AU) to take concrete steps towards establishing the Hybrid Court for South Sudan, alongside support for credible domestic justice processes, evidence preservation and witness protection. It also called on Member States to address the resources that sustain conflict, including arms transfers, conflict financing and the diversion of public revenue, through targeted and evidence-based action.
"Impunity is not only entrenched in South Sudan; it is rewarded. Serious violations continue without effective accountability, while individuals implicated in them continue to occupy senior military and political positions. Corruption and the diversion of public resources deprive people of essential services and weaken the institutions needed to protect them," said Commissioner Carlos Castresana Fernández. "Sustainable peace requires political agreements, credible accountability, functioning justice institutions and transparent management of public resources. The Hybrid Court must be established, and concrete steps must be taken now to ensure that those responsible for serious crimes can be held to account," he added.
The Commission called for the activation of the joint AU, Intergovernmental Authority on Development (IGAD) and UN task force requested by the AU C5 Plus Summit on 29 September, with a clear mandate, timelines, public benchmarks and coordinated political backing to restore inclusive governance under the R-ARCSS.
The Commission called for an immediate cessation of hostilities, an end to unlawful attacks against civilians and safe, unimpeded humanitarian access. It urged Member States to ensure that UNMISS has the resources and freedom of movement necessary to protect civilians, strengthen early warning and support reconciliation. The Commission also called for sustained humanitarian assistance, survivor services and independent human rights monitoring, warning that reducing these capacities as the risks increase would leave civilians more exposed.
The Commission further urged Member States to insist on independently assessed electoral safeguards, civic freedoms, credible voter registration, participation by refugees and internally displaced people, and impartial mechanisms for resolving electoral disputes. It stressed that international support must advance these safeguards rather than confer legitimacy on their removal.
The Commission called on the General Assembly, the AU, IGAD and the United Nations to act together to restore inclusive political dialogue, protect civilians, sustain humanitarian assistance and advance accountability.
"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 stated, warning that the opportunity to prevent wider atrocities is narrowing.
The Commission's independent members are in New York from 26 to 30 October to engage with Member States, regional partners, civil society and other stakeholders on the urgent measures needed to prevent further deterioration in South Sudan.
Background: The Commission on Human Rights in South Sudan is an independent body mandated by the United Nations Human Rights Council. First established in March 2016, it has been renewed annually since. The commissioners were appointed by the President of the UN Human Rights Council; they are not UN staff and do not receive a salary for their work as Commissioners. They are supported by a Secretariat based in Juba, South Sudan.
