STATEMENT BY NICHOLAS HAYSOM, SPECIAL REREPRESENTATIVE OF THE SECRETARY-GENERAL
SECURITY COUNCIL BRIEFING ON UNMISS
New York
14 AUGUST 2024
I thank you, Mr. President, for the opportunity to brief on developments in South Sudan.
When I last updated the Council, in April, I conveyed the Secretary-General’s assessment that the parties were yet to achieve a “critical mass” of the implementation of key steps necessary for the peaceful conduct of free, fair and credible elections. The Secretary-General had recommended that the parties to the Revitalized Agreement on the Resolution of the Conflict in South Sudan engage with one another to find a consensual approach on the holding of the elections.
Since then, discussions have indeed continued among the parties towards resolving those and other priority outstanding issues in the road map. We understand that the High-Level Standing Committee has completed its report, which was anticipated to be discussed by the President yesterday and today. We also understand that a preliminary report was released last night by the Minister of Cabinet Affairs. However, on the critical issue of the date of the elections, we understand that no date has yet been agreed and that the President has designated the electoral institutions to produce a feasible proposal on when the elections might be held.
Meanwhile, in May, a second dialogue process was launched in Nairobi, known as the Tumaini initiative. Those talks —relocated from Rome and now hosted by the Government of Kenya — seek to ensure that non-signatory parties, civil society, faith-based groups and traditional leaders join the peace process. The Tumaini initiative proposes new monitoring, oversight and implementation mechanisms and a national leadership council structure. In response to those proposals, the Sudan People’s Liberation Movement in Opposition (SPLM-IO) announced its withdrawal from the Tumaini process on 16 July, citing concerns that the initiative delt with matters that were already agreed in the Revitalized Agreement, and accordingly had gone beyond its remit. There is currently a lack of clarity as to whether the SPLM-IO has reversed its decision. But, from the report released last evening, there is an indication that it is under review.
My team and I have employed all the good offices at our disposal to engage the parties involved in those ongoing processes, including the Tumaini mediation team. I welcome the spirit of consensus-building in which both dialogue processes have been conducted. The United Nations Mission in South Sudan (UNMISS) has encouraged an approach whereby both processes would be mutually reinforcing in the search for consensus among all stakeholders, that is, among formal signatories and non-signatories to the peace agreement. As things stand, however, it seems that further clarity is required on how the Tumaini initiative and its outcomes will converge with, and thereby complement, the framework of the Revitalized Peace Agreement. To be clear: the Mission is not championing either process as an exclusive modality but is promoting the constructive confluence of the two. It is imperative that both processes advance with deliberate speed to deliver on the aspirations of South Sudanese citizens.
With regard to the overall implementation of the Revitalized Agreement and its road map, I refer to the forthcoming briefing by the Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), Ambassador Major General Charles Tai Gituai. UNMISS notes that some steps have been taken by the parties and institutions since my previous report, which includes the provision of funding to the National Constitutional Review Commission, albeit short of a fully operational budget. State high elections committees have been appointed. With UNMISS assistance, the National Elections Commission has begun assessing the ground-level infrastructure and facilities required for a conducive environment for conducting elections.
To date, 29 political parties have been registered, although some parties continue to object to, first, the registration fee amount set by the Political Parties Council; secondly, the announcement of the closure of the registration period; and thirdly, the practice of some parties, contrary to the National Elections Act, in maintaining military formations. On 5 July, the National Elections Commission announced 22 December 2024 as the date for elections, citing its legal obligations under the National Elections Act. I note, however, that consultation is ongoing among the political stakeholders as to whether elections can, or should, be held this year. That makes it difficult to treat 22 December as a definitive trigger, in isolation from other critical factors. If a final decision is made for elections in December, UNMISS would proceed with the Security Council’s mandated request for the Secretary-General to provide a report on the security situation, which will include protection of civilians and force protection evaluations, 90-, 60- and 30-days before any election.
In the meantime, UNMISS continues to support the creation of an enabling environment for elections in South Sudan, whenever they are to be held. We are focusing on maximizing the Mission’s protection presence through three key lines of effort, that is, dialogue and engagement, physical protection and the creation of a broader protective environment and that includes through capacity-building support to the host Government towards greater self-reliance for the protection of its own people.
On that note, I must report the concerns of South Sudanese stakeholders, including civil society, political parties, the Commission on Human Rights in South Sudan and members of the international community, with regard to the National Security Act 2014 (Amendment) Bill 2024, recently passed by the Parliament. The powers of arrest without warrant granted to the National Security Service are claimed to be incompatible with the spirit of South Sudan’s transitional Constitution, the Revitalized Agreement and South Sudan’s human rights treaty obligations under regional and international human rights law. National stakeholders hold that the law is in contradiction with their aspirations for open civic and political space upon which to build a democratic society. It has been noted that the President has the power to refer the law back to Parliament to remedy the criticisms that have been raised and that that would be a significant opportunity to demonstrate a commitment to achieving the open political space in which to conduct South Sudan’s first democratic elections.
Meanwhile, sub-national violence continues to undermine the nominal stability realized thus far. Our current concerns relate to deadly clashes in the Greater Upper Nile region, which required a reinforced UNMISS presence in Pariang, in the Ruweng Administrative Area, as well as alleged National Salvation Front abductions in Central Equatoria and periodic intercommunal violence and criminality involving communities in Warrap, Lakes, Unity and Jonglei states.A perfect storm is gathering in South Sudan with regard to its humanitarian and economic outlook. That is reflected in a protracted humanitarian crisis founded on chronic food insecurity; a spillover of the Sudan conflict into South Sudan, resulting in the movement, so far, of 750,000 refugees and internally displaced people; uncertainties in the face of critical political events necessary for a peaceful transition; a rapidly deteriorating economy, exacerbated by the rupture in critical oil infrastructure and revenue; and the potential for once-in-a-lifetime flooding in September. Any one of those elements on its own presents a significant challenge. When taken together, it could push the country to a tipping point — and all during a time where the people of South Sudan are embarking upon a delicate phase of nation-building.
UNMISS is working closely with the United Nations country team, humanitarian partners and the Government of South Sudan on scenario planning, analysis and mitigation for the difficult period ahead. Be that as it may, time is running out, and the costs of inaction at this juncture are too great. Should the elements of the perfect storm converge, it would outstretch the response capacity of the United Nations and risk derailing the country’s political transition. The implications for the broader East Africa region would be significant.
Fiscal and monetary discipline will be required to meet that challenge, including transparency on the management of oil revenue and exchange rates. The failure to pay salaries to uniformed and civilian members of the civil service is an additional source of tension. I therefore encourage the Government to prioritize the payment of public sector salaries and the delivery of social protection and basic services to the most vulnerable. I urge Council members and partners, including the international financial institutions, to do their utmost to remain engaged in efforts to mitigate the impact of the current humanitarian pressure on the South Sudanese citizens.
For UNMISS, our overriding priority remains preventing a return to conflict and supporting the people and the Government of South Sudan in laying the foundation of a peaceful, prosperous and democratic society for generations to come. As I have said, the time for a collective push by all stakeholders, and especially the transitional Government, is now. We appreciate the efforts all of our partners — including the African Union, the RJMEC, the Intergovernmental Authority on Development, the troika, the European Union, the members of the Security Council and the Peacebuilding Commission — for their unwavering support.