The United Nations Commission on Human Rights in South Sudan has warned of a "constitutional coup" in the country, as President Salva Kiir's concentration of power risks renewed conflict ahead of elections scheduled for December. The commission, led by chair Yasmin Sooka, expressed concern that the 2018 peace deal is being systematically dismantled, putting civilians and the country's fragile transition at grave risk. Sooka told the UN General Assembly's Third Committee that a negotiated settlement has been displaced under cover of elections, amounting to a constitutional coup through legislative reforms.
The commission cited unilateral constitutional and electoral amendments made by Kiir, which dissolved the transitional government, national parliament, and state legislatures on September 22. The first vice-president and other vice-presidents were removed, and a caretaker administration answerable only to Kiir was appointed. The commission warned that Kiir's concentration of power, ahead of an election in which he is expected to be the ruling party's candidate, risks engendering disaffection and destruction. Meanwhile, First Vice-President Riek Machar remains detained and on trial, and his party and other opposition actors remain excluded from the electoral process.
The commission called on member states and regional and international partners to take urgent action to prevent renewed conflict and secure lasting peace, irrespective of the electoral timetable. Sooka emphasized that South Sudanese people have a fundamental right to choose their leaders, but they must be able to do so freely and without fear. The commission warned that elections cannot justify abandoning safeguards under the 2018 Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS), including inclusive governance, free political competition and participation, power-sharing, and institutional oversight.
Commissioner Barney Afako told the General Assembly that South Sudan's biggest political challenge is not whether a vote takes place on a particular date, but 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. However, the current political trajectory eschews inclusion and promotes exclusion, and risks engendering disaffection and destruction. Afako called for dialogue, a ceasefire, and implementation of the peace agreement's core provisions.
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 states, 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.
Commissioner Carlos Castresana Fernández said that impunity is not only entrenched in South Sudan, but it is rewarded. Serious violations continue without effective accountability, while individuals implicated in them continue to occupy senior military and political positions. Fernández called for the establishment of the Hybrid Court for South Sudan, alongside support for credible domestic justice processes, evidence preservation, and witness protection. He emphasized that sustainable peace requires political agreements, credible accountability, functioning justice institutions, and transparent management of public resources.
The commission called for the activation of a joint African Union, Intergovernmental Authority on Development (IGAD), and UN task force to restore inclusive governance under the peace agreement. It also called for an immediate cessation of hostilities, an end to unlawful attacks against civilians, and safe, unimpeded humanitarian access. The commission urged member states to ensure that the UN Mission in South Sudan (UNMISS) had the resources and freedom of movement necessary to protect civilians, strengthen early warning, and support reconciliation.
Key points
- The UN Commission on Human Rights in South Sudan warns of a "constitutional coup" in the country, citing systematic dismantling of the 2018 peace deal.
- The commission calls for urgent action to prevent renewed conflict and secure lasting peace, irrespective of the electoral timetable.
- The commission warns that ongoing fighting, tens of thousands of fighters remaining outside a unified command, and persistent impunity are increasing the risk of renewed conflict.
