The South Sudan Opposition Alliance (SSOA) has expressed concerns over the unilateral amendment of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), the Transitional Constitution of the Republic of South Sudan, and the National Elections Act. According to SSOA, these amendments were made without consultation and dialogue among the parties signatory to the R-ARCSS, as agreed upon by the Expanded Meeting of the Presidency. This process, SSOA argues, undermines the spirit and purpose of the Expanded Meeting's decision.
On December 10, 2025, the Expanded Meeting of the Presidency met to discuss the proposal to delink the permanent constitution-making process and the conduct of the National Population and Housing Census from the conduct of general elections. The meeting agreed in principle to the proposed delinking, recognizing that implementing this decision would require amendments to relevant provisions of the R-ARCSS and the Transitional Constitution. The leadership of the parties signatory to the R-ARCSS was tasked with engaging in dialogue to identify specific provisions requiring amendment and reaching consensus on outstanding matters.
The Expanded Meeting of the Presidency issued a communiqué outlining its deliberations, which included the establishment of a committee to initiate amendments to the R-ARCSS and present them to the leadership of the parties signatory to the agreement. A leadership body of the parties was also established to address elections-related matters, including grievances from the parties, through dialogue. However, this body has not met, despite the president issuing Republican Order No. 01/2026 on January 10, 2026, to establish it.
SSOA stated that the SPLM-IG and its allies proceeded to amend the R-ARCSS, the Transitional Constitution, and the National Elections Act unilaterally, with the latter currently before the Transitional National Legislature. SSOA argues that this unilateral pursuit of amendments, while the established dialogue mechanism has not convened, raises serious questions about the value of establishing an inter-party dialogue mechanism.
SSOA considers it unacceptable that amendments affecting the R-ARCSS and the legal framework governing the elections should be undertaken without the agreed participation and consensus of the parties signatory to the agreement. The R-ARCSS is a negotiated political agreement among its signatories, and its implementation, amendment, and interpretation must be approached in accordance with its provisions and the mechanisms agreed upon by the parties.
The statement criticizing the unilateral amendments was signed by various representatives of SSOA member parties, including Josephine Lagu, Dr. Costello Garang Ring, Dr. Lam Akol Ajuen, Julius Tabuley Daniel, Moro Isaac Genesio, Cirillo Thon Ring, and Tut Jok Luak. SSOA emphasizes that anything outside the framework of the R-ARCSS and its agreed-upon mechanisms is not binding.
The unilateral amendments have sparked concerns about the legitimacy and inclusivity of the electoral process in South Sudan. SSOA's criticism highlights the need for a more collaborative and inclusive approach to addressing the country's electoral and constitutional challenges. The situation remains a critical issue, with implications for the stability and progress of South Sudan's transitional period.
Key points
- SSOA criticizes unilateral amendments to R-ARCSS and related laws.
- The amendments were made without consultation and dialogue among parties signatory to the R-ARCSS.
- SSOA emphasizes the need for a collaborative and inclusive approach to addressing electoral and constitutional challenges.