South Sudanese constitutional lawyer Juol Nhomngek Daniel has expressed concerns that the country's peace problem is fundamentally an institutional and constitutional issue at the national level. In an opinion piece, Daniel stated that while grassroots reconciliation and peacebuilding efforts are valuable, they are insufficient to achieve sustainable peace without national institutional reform. He emphasized that the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) was designed to address these issues through power-sharing, security-sector transformation, and institutional reform.
Daniel disagrees with suggestions that South Sudan can achieve sustainable peace simply through grassroots efforts, arguing that this approach would be like "repairing the roof while the foundation is collapsing." He noted that weak institutions, personalized power, militarized politics, and patronage descend from the center and manifest themselves in communities across the country. As a result, grassroots peacebuilding efforts may only provide temporary solutions, as national political competition could reopen wounds through mobilization, patronage, and armed networks.
The R-ARCSS, signed in 2018, aims to create a bridge between the top and bottom levels of governance through power-sharing, security-sector transformation, institutional reform, transitional justice, and constitutional reform. Chapter VI of the agreement envisages a permanent Constitution founded on federalism, democracy, constitutionalism, the rule of law, national unity, devolution of powers and resources, respect for ethnic and regional diversity, and popular participation. Daniel emphasized that this agreement is not simply a document for distributing offices among politicians but an unfinished institutional program for reconstructing the state.
Daniel's concerns are shared by the African Union, which in August 2026 called for the full implementation of the R-ARCSS and an inclusive dialogue to address the transition and elections. He argued that approaches that prioritize grassroots peacebuilding over national institutional reform risk trying to democratize the village while leaving the national political marketplace untouched. This could lead to a situation where citizens are asked to reconcile at the local level while the national system remains incapable of guaranteeing accountable government, lawful transfers of power, and impartial security institutions.
According to Daniel, South Sudan's primary problem is not a shortage of peace conferences, workshops, or foreign-funded frameworks but a shortage of functioning institutions and political fidelity to the rules already agreed upon. He emphasized that the permanent Constitution is not an academic luxury to be postponed until after elections but part of the architecture of peace itself. The R-ARCSS envisages a people-led constitutional process to address critical questions about governance, power transfer, and community protection.
Daniel advocates for a comprehensive peace strategy that combines top-down institutional stabilisation with bottom-up peacebuilding and grassroots participation. He argued that South Sudan needs peace from the top that creates the space for peace from the bottom, and peace from the bottom that gives legitimacy to peace at the top. This approach would ensure that the country's institutions are strengthened, and its citizens are protected.
Daniel's opinion piece highlights the need for a holistic approach to peacebuilding in South Sudan, one that addresses both grassroots and national institutional issues. As a constitutional lawyer and academic, he brings a unique perspective to the discussion, emphasizing the importance of a permanent Constitution and institutional reform in achieving sustainable peace. His views are shared by some in the international community, including the African Union, which has called for the full implementation of the R-ARCSS.
Key points
- National institutional reform is necessary to sustain grassroots peace in South Sudan.
- The Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) aims to address institutional and constitutional issues through power-sharing, security-sector transformation, and institutional reform.
- A comprehensive peace strategy that combines top-down institutional stabilisation with bottom-up peacebuilding and grassroots participation is needed to achieve sustainable peace in South Sudan.
