UN commission warns of ‘constitutional coup’ in South Sudan

The United Nations Commission on Human Rights in South Sudan has warned that changes to the country’s political and electoral arrangements are undermining a 2018 peace agreement, with its chair describing the concentration of power in President Salva Kiir as a “constitutional coup.”

Yasmin Sooka told the United Nations General Assembly’s Third Committee on Tuesday that the dismantling of power-sharing arrangements threatened South Sudan’s fragile transition and increased the risk of renewed conflict ahead of elections scheduled for 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,” Sooka said.

The commission urged member states and regional partners to take coordinated action to restore inclusive governance, protect civilians and support a lasting political settlement, regardless of whether the elections proceed as planned.

It said recent constitutional and electoral changes had weakened safeguards established under the Revitalized Agreement on the Resolution of the Conflict in South Sudan, signed in 2018 to end a civil war and establish a power-sharing transitional government.

Under the changes, the government has separated preparations for elections from key transitional requirements, including the adoption of a permanent constitution and a national census. The measures have raised concerns about whether the country can hold credible elections without completing reforms intended to support a more inclusive political transition.

Last Month, Kiir dissolved the transitional government, national parliament and state legislatures, removed First Vice President Riek Machar and other vice presidents, and appointed a caretaker administration, the commission said.

Machar remains detained and on trial, while his Sudan People’s Liberation Movement-in-Opposition and other opposition actors remain excluded from the electoral process, according to the commission.

Sooka said elections alone could not replace the inclusive political settlement needed to secure lasting peace.

“The international community must look beyond December 22. 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.

The commission called for an immediate end to hostilities, safe and unhindered humanitarian access, and safeguards to ensure that voters, including refugees and internally displaced people, can participate freely in the planned elections.

South Sudan has repeatedly delayed elections since the 2018 peace agreement, which ended five years of civil war that killed hundreds of thousands of people and displaced millions. The transitional period has been extended as political and security reforms remain incomplete.

The commission, an independent body established by the UN Human Rights Council in 2016, said international partners must move beyond expressions of concern and take concrete steps to prevent further deterioration.