EU Warns South Sudan: Peace Deal in Legal Limbo After Amendments

• The EU has warned South Sudan faces a “legal limbo” due to the government's unilateral changes to the 2018 revitalized peace agreement.
• Lothar Jaschke of the EU Delegation to South Sudan stated that the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) was not consulted on the amendments as required.
• The decision to hold elections under a transitional constitution, rather than a permanent one, has been formalized with national elections now scheduled for December 2026, a move described as disappointing.
• Bypassing required procedures could create legal uncertainty around the changes and future election outcomes.
• The EU welcomed the government's commitment to implement outstanding peace agreement provisions post-election, following the national elections scheduled for December 2026, while urging continued progress.

Bypassing these procedures, the envoy warned, could cast significant uncertainty over the legal standing of both the amendments themselves and any subsequent election outcomes, particularly concerning South Sudan transitional constitution elections.

The European Union has issued a significant warning regarding the political stability of South Sudan, cautioning that the nation risks falling into a “legal limbo.” This alert stems from the government's recent alterations to the 2018 revitalized peace agreement, changes that were reportedly enacted without adhering to established due process.

Lothar Jaschke, the Deputy Head of Delegation and Chargé d’Affaires for the EU Delegation to South Sudan, articulated these concerns on Wednesday in Juba. His remarks were delivered during the commencement of consultations between the National Constitutional Review Commission (NCRC) and various executive and independent bodies, a process integral to drafting a permanent constitution. Jaschke specifically highlighted disappointment over the decision to proceed with elections under the existing transitional constitution, a decision that has since been formalized with national elections now scheduled for December 2026, rather than waiting for a new, permanent constitutional framework.

The core of the EU's apprehension lies in the alleged procedural shortcuts taken to amend the 2018 revitalized peace agreement. Jaschke emphasized that the required steps for modifying the accord were not fully observed, creating a significant challenge to the South Sudan peace agreement amendment legality. Crucially, the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) was not consulted, a step explicitly mandated by the agreement for any RJMEC consultation South Sudan peace efforts.

According to Jaschke, any revision to the peace agreement necessitates approval from at least two-thirds of the Council of Ministers, followed by a two-thirds majority vote from the RJMEC's voting members, before it can be ratified by the transitional national legislature. The absence of RJMEC board consultation, he argued, must be rectified to avoid a situation where “doubt [is] hanging over the clouds of elections” and the country remains in a “legal limbo.” Bypassing these procedures, the envoy warned, could cast significant uncertainty over the legal standing of both the amendments themselves and any subsequent election outcomes, particularly concerning South Sudan transitional constitution elections.

Jaschke expressed regret over the deviation from the 2018 promise of a permanent constitution, which was intended to lay the groundwork for a democratic governance system and foster social cohesion. He described the situation as “disappointing and regrettable” given the initial pledges.

Despite these concerns, the EU diplomat acknowledged a positive development: the government's stated commitment to continue implementing outstanding provisions of the peace agreement even after the national elections scheduled for December 2026. This commitment, previously announced by Cabinet Affairs Minister Martin Elia Lomuro, involves moving pending tasks under the 2018 revitalized peace agreement into post-election arrangements. Jaschke warmly welcomed this announcement, viewing it as an encouraging sign that the government is not abandoning the peace agreement or its reform agenda. He nonetheless urged maximum progress on the agreement's implementation during its remaining operational period.

The EU has actively supported South Sudan’s constitution-making efforts through the Max Planck Foundation, which collaborates with the NCRC on civic education, public consultations, and constitutional matters. The NCRC, for its part, states that its current consultation process aims to ensure that the perspectives of South Sudanese citizens are foundational to the drafting of the nation's first permanent constitutional text.

Lawyers advising clients operating in South Sudan must be aware of the potential legal challenges to the validity of any laws, executive actions, or election outcomes stemming from the unilaterally amended 2018 peace agreement. This creates significant legal uncertainty and necessitates careful due diligence on the legal basis of any new regulations or government decisions.

Source: Original reporting on EU envoy's warning.