NEW YORK / JUBA — The UN Commission on Human Rights in South Sudan has called on the UN General Assembly to take urgent, collective action to prevent renewed conflict, warning that the political settlement established in 2018 to prevent another war is being systematically dismantled, the UN human rights office (OHCHR) said in a statement issued on October 27.

Source: OHCHR / UN Commission on Human Rights in South Sudan

"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," Commission Chair Yasmin Sooka told the General Assembly's Third Committee, according to OHCHR. She said elections cannot justify removing the safeguards of the 2018 Revitalised Peace Agreement (R-ARCSS), including inclusive governance, free political competition, power-sharing and institutional oversight.

Source: OHCHR statement by Yasmin Sooka

The Commission said that, following unilateral constitutional and electoral amendments, President Salva Kiir dissolved the transitional government, the national parliament and state legislatures on September 22, removed the First Vice President and other Vice Presidents, and appointed a caretaker administration answerable only to him. First Vice President Riek Machar remains detained and on trial, and his party and other opposition actors remain excluded from the electoral process, it said. Devdiscourse, reporting the same address on Wednesday, said the Commission urged governments and regional partners to pursue lasting peace regardless of whether elections take place on December 22.

Source: Devdiscourse

22 Septdate the transitional government and legislatures were dissolved (OHCHR)
22 Decscheduled election date the Commission says must not override peace-deal safeguards
2018year of the Revitalised Peace Agreement (R-ARCSS) the Commission says is being dismantled
26-30 OctCommission members' New York visit to press governments and partners (OHCHR)

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, OHCHR said. Commissioner Barney Afako said South Sudan's biggest challenge is not whether a vote takes place on a particular date, but a credible political process that addresses unresolved grievances and commands citizens' confidence.

Commissioner Carlos Castresana Fernández said impunity is entrenched and rewarded, with serious violations continuing without effective accountability. The Commission urged the African Union to take concrete steps towards establishing the Hybrid Court for South Sudan, called for activation of the joint AU, IGAD and UN task force requested by the AU C5 Plus Summit on September 29, and called for an immediate cessation of hostilities, an end to unlawful attacks on civilians and safe, unimpeded humanitarian access.

What is solid

  • The Commission's chair used the phrase 'constitutional coup' for the legislative dismantling of the 2018 power-sharing settlement — that wording is from the Commission's own OHCHR statement.
  • OHCHR records the September 22 dissolution of the transitional government and legislatures, the removal of the vice-presidents, and Machar's continued detention and trial as the Commission's account of events.
  • The Commission called for a Hybrid Court, a joint AU-IGAD-UN task force, a ceasefire and humanitarian access — all in its published statement.

What is only claimed

  • Whether the December 22 elections can be credible under the current arrangements is the Commission's warning and judgement, not a settled outcome: the Commission itself stressed South Sudanese have a right to choose their leaders freely and without fear, and said an inclusive settlement is still needed whether or not the vote takes place.

What happens next: the Commission's members are in New York from October 26 to 30 to press Member States, regional partners and civil society, OHCHR said. Sooka warned the opportunity to prevent wider atrocities is narrowing, saying: "South Sudan's people cannot afford another cycle of warnings followed by inaction."