STATEMENT BY NICHOLAS HAYSOM, SPECIAL REREPRESENTATIVE OF THE SECRETARY-GENERAL
SECURITY COUNCIL BRIEFING ON UNMISS
New York
14 DECEMBER 2023
I thank you, Sir, for the opportunity to brief the Security Council on the situation in South Sudan.
As we conclude the year, it is appropriate to take stock of the implementation of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan, particularly as it relates to the milestone of elections, currently scheduled for December 2024, a process that would see South Sudan’s transitional period brought to a close. With only 11 months remaining, the pace of the overall implementation towards that objective has been uneven. The transitional security arrangements, which have been agreed to by the parties, remain significantly behind schedule. That is concerning, because the necessary unified forces are critical in providing a secure environment to protect civilians before, during and after elections. While recent actions have been taken, there are distinct challenges to the full deployment of the unified forces, chief among them the distribution of salaries and equipment and their operationalization under a single unified command, especially the appointment of the middle ranks, agreement on which has yet to be achieved.
With regard to the permanent constitution-making process, it is now 15 months behind the timeline set out in the road map and the Revitalized Agreement. The adoption of an amended constitution was agreed to by the parties as a prerequisite for the finalization of the electoral legal framework and the subsequent holding of elections. Unfortunately, work on the amendment of the Constitution has not properly started, although the National Constitutional Review Commission has at last been established. I acknowledge the appointment of members of the National Elections Commission, the Political Parties Council and the National Constitutional Review Commission. However, except in the case of the Political Parties Council, complaints have been raised by the opposition as to whether the composition of those bodies is in line with the Revitalized Agreement concerning the gender quota and agreements on nominees, as between the parties. That has led to controversy and the stalling of the swearing-in of the members of those two Commissions. It is now critical that those bodies be operationalized and resourced with the necessary funding to begin undertaking their considerable responsibilities.
In July, the trilateral mechanism — that is the United Nations, the African Union (AU) and the Intergovernmental Authority on Development (IGAD) — presented a list of 10 questions to be answered by the parties, to create clarity on the elections, including on such issues as the level at which elections will be held, the participation of refugees and various mechanisms for the administration of the elections and the handling of complaints. The questions also highlighted the importance of agreeing on the voter registration process, the census or any other acceptable source of population data. The questions have thus far not been dealt with by the parties, nor has an appropriate legal framework been set up to resolve those issues.
To facilitate movement towards common ground among the parties on the proper preparations for the elections, the United Nations Mission in South Sudan (UNMISS) has convened political party forums, engaged with faith-based leaders, civil society organizations, internally displaced persons, refugees and other stakeholders. We have stressed that those decisions should be made in conformity with the peace agreement and in a manner that discourages unilateral decisions, encourages consensus and embodies constructive proposals on how to conduct credible elections by December 2024 in the face of missed timelines, and we have stressed that those decisions can be made only by the South Sudanese themselves.
Comparative experiences suggest that elections are a likely trigger for relapses into violence in societies emerging from conflict unless adequate time, resources and confidence-building measures are invested in their preparation — notably, underscoring the need for agreement among the contending parties. South Sudan faces a similar risk and requires the same investment in order to avoid conflict. Member States have inquired of UNMISS as to whether the country can be considered capable of holding free, fair, credible and — especially — peaceful elections. We have stated clearly that as matters stand now, the country is not yet in a position to hold credible elections, a view shared by almost all key stakeholders across the political spectrum. The consequential questions raised by that conclusion are about the conditions and institutions that must be in place for such an election to be possible, and when they will have to be in place in time for the elections to meet the December 2024 deadline. The necessary conditions that must be met for the elections are identified in the Secretary-General’s report before the Council (S/2023/784) and include the following. A new permanent constitutional framework must be in place; unified and properly trained and equipped forces must be deployed; an operational election security plan should be formulated; a clear electoral framework should be agreed on; election institutions and mechanisms should be in place; and voter registration modalities and electoral dispute resolution mechanisms should be agreed by consensus. There must be an agreed code of conduct for political parties that establishes the parameters of acceptable political behaviour and enables a more open political and civic space than the one that currently exists in the country.
A critical mass of those prerequisites is essential to creating conditions for the conduct of elections that are not only free and fair but are also deemed credible and acceptable to the citizens of South Sudan. The process of agreeing on the conditions must build trust in the electoral institutions and acceptance of the outcomes by all participants. Based on consultations with electoral experts, it is our considered view that a critical mass of the prerequisites I have outlined must be in place by April 2024 if credible and peaceful elections are to be conducted by December 2024. We believe that with the necessary political will and a sense of urgency and compromise, South Sudan can indeed establish the conditions for elections in December 2024. In support of its electoral efforts, and as part of a first phase of preparations, UNMISS is itself actively engaged in promoting an enabling environment for elections by repurposing its staff within its existing resources. That involves providing capacity-building support to establish trusted electoral management bodies and a political environment encompassing the necessary political and civic space for a genuinely competitive process.
Scaling up United Nations electoral assistance under phase two would involve concrete logistical and similar support for the conduct of the actual elections, and it remains contingent on the progress achieved on the prerequisites by April 2024. That scaling up will therefore also be subject to the support of Member States and the consequent availability of necessary resources. While that does not preclude the possibility that South Sudan can opt to proceed with elections without those conditions in place, it does, however, serve as a yardstick for the international community’s support for an election that would be a nation-building event rather than a divisive exercise. UNMISS recognizes that creating the conditions for peaceful elections requires the support of the international community. As far as we are concerned, it demands that UNMISS act in partnership with Member States, the African Union, IGAD, the European Union and the troika. In that regard, I have recently engaged with the Governments of Djibouti, Ethiopia, Kenya, South Africa and Uganda and with the IGAD secretariat and the AU Peace and Security Council, all of which have confirmed their appreciation of the importance of preventing a relapse into violence and ensuring the conduct of peaceful elections in South Sudan, The African Union Peace and Security Council has requested that the trilateral mechanism — of IGAD, the AU and UNMISS — jointly brief them on the constitution-making process and the status of election preparations in February 2024. I have similarly engaged with national stakeholders and can confirm that there is broad support for elections, but there is also apprehension and concern about the lack of professional preparations and consultations for them.
The country’s dire economic situation and the resulting competition over diminishing resources at the subnational level, the influx of returnees from the Sudan, climate shocks and a fragile political environment suggest that elections in South Sudan would take place in an atmosphere of elevated tensions. If those risks are not mitigated, the threat to civilians remains real. UNMISS remains committed to the protection of civilians and prioritizes it as a key mandated task. The Mission is implementing proactive measures aimed at mitigating the risks of pre-electoral, electoral and post-electoral violence, with a focus on maintaining a robust presence in potential hotspots through existing and new temporary operating bases and team sites, fortifying rapidly deployable reserves of peacekeepers, extensive patrolling and building on its political and civil engagement at the community and national levels.
The humanitarian situation in the country has reached alarming proportions, with two thirds of the population now food-insecure. Competing global priorities have had a negative effect on international humanitarian assistance. That requires South Sudanese leaders to invest more resources in humanitarian efforts in order to alleviate their people’s suffering. As of 12 December, 434,000 people had crossed into South Sudan since the start of the conflict in the Sudan in mid-April, which means that the humanitarian caseload in South Sudan is only growing. South Sudan remains a dangerous place for our humanitarian partners to operate in and one where many have made the ultimate sacrifice. I call on the Government of South Sudan to enable safe and unfettered humanitarian access throughout the country and to hold to account perpetrators responsible for attacks on humanitarians and for looting humanitarian aid destined for the most vulnerable. It is now time for the Government of South Sudan to take decisive action to address those challenges and put in place conditions that not only lead to peaceful and credible elections but deliver genuine peace dividends and stability after a vote.
Finally, we anticipate that 2024 will be a difficult and challenging year for UNMISS and for South Sudan, its people and the region. UNMISS reiterates that it will discharge its mandate to the best of its ability.