RJMEC: Urges South Sudan Election Dialogue for Inclusive December Vote

• The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) is urging South Sudanese parties to engage in an inter-party dialogue this week to resolve electoral disputes and build consensus for upcoming elections.
• The dialogue, postponed from September 17 to September 24, aims to establish an inclusive path towards elections and the conclusion of the transitional period, addressing issues like political representation, financing, and dispute resolution.
• President Salva Kiir recently signed amendments to the National Elections Act, removing requirements for a permanent constitution and national census before elections, a move rejected by the main opposition coalition.
• Despite preparations for a December 22 vote, parties had agreed in September 2024 to extend the transitional period until February 2027, with elections then slated for December 2026.
• RJMEC's latest assessment indicates the peace process is under significant strain, with a political and security impasse weakening trust among the parties.

The ongoing inter-party dialogue is therefore seen as a crucial opportunity to address these deep-seated disagreements and restore confidence in the political process ahead of any future polls.

The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), South Sudan's primary peace monitoring body, has issued a strong call for parties to the 2018 peace agreement to engage constructively in an inter-party dialogue scheduled for this week. The central aim of these discussions is to forge a consensus on the upcoming elections and to resolve persistent political issues, as the nation navigates preparations for a December vote. RJMEC articulated that the dialogue, set to commence on Thursday, must pave an inclusive and practical pathway towards the elections and the ultimate conclusion of the transitional period.

In a statement released on Tuesday, RJMEC emphasized the imperative for all parties to maintain their commitment to the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS). This dialogue, initially slated for September 17, was subsequently postponed to September 24 by the Ministry of Cabinet Affairs, with no official reason provided for the delay. These critical talks unfold against a backdrop of intensifying political disagreements concerning both the conduct and the legal framework governing the elections.

The call for dialogue by RJMEC aligns with a recent decision by the Intergovernmental Authority on Development (IGAD). During its 74th extraordinary session last week, the regional bloc reaffirmed the 2018 peace agreement as the foundational framework for peace in South Sudan and advocated for inclusive dialogue to establish a consensual approach to the December elections. The agenda for the inter-party discussions is comprehensive, encompassing a wide array of election-related matters such as political representation, the delineation of constituency boundaries, campaign and election financing, security provisions for candidates and rallies, the safeguarding of political freedoms, voter registration processes, election observation protocols, and crucial mechanisms for resolving electoral disputes. However, some opposition factions have expressed reservations regarding the format of these discussions.

The legal landscape surrounding South Sudan's upcoming elections has recently undergone significant changes, sparking further contention among political factions. President Salva Kiir signed amendments to the National Elections Act into law on Monday. These revisions notably removed previous requirements that had linked the holding of elections to the prior completion of a permanent constitution and a national census. This legislative action has, however, been met with outright rejection from the main opposition coalition, deepening the existing political disagreements.

RJMEC has urged the parties to leverage the ongoing dialogue as a vital platform to address these outstanding issues and to rebuild trust within the political process. The `South Sudan electoral dispute resolution` mechanisms discussed within this dialogue are particularly pertinent given the current legislative disputes. The commission's emphasis on adherence to the R-ARCSS highlights the foundational importance of the 2018 peace agreement as the guiding framework for all electoral preparations and political transitions.

Beyond immediate electoral concerns, RJMEC has also pressed the parties to finalize other critical, outstanding provisions of the 2018 peace agreement. These include the implementation of security arrangements, comprehensive judicial reforms, the process of permanent constitution-making, economic reforms, and initiatives related to transitional justice. These elements are integral to the broader `R-ARCSS implementation South Sudan` and the successful conclusion of the transitional period.

Despite the current focus on a December 22 election, the parties had previously reached an agreement in September 2024 to extend the transitional period by two years, pushing it to February 2027, with elections then slated for December 2026. This apparent discrepancy underscores the complex and often fluid nature of the political timeline in South Sudan. The elections are ultimately intended to bring an end to the transitional governance established under the 2018 peace agreement. However, preparations have been significantly complicated by persistent delays in implementing key provisions of the deal, alongside ongoing political and security tensions.

RJMEC's most recent assessment paints a stark picture, indicating that the peace process remains under considerable strain. The commission noted that a prevailing political and security impasse has severely weakened trust among the signatory parties. With approximately three months remaining before the initially scheduled `South Sudan December elections`, RJMEC has reiterated its call for the parties to utilize both the inter-party dialogue and other established mechanisms under the peace agreement to resolve their lingering differences. It is a significant historical note that South Sudan has not conducted a nationwide election since achieving independence in 2011.

Lawyers and compliance officers operating in South Sudan should closely monitor the progress and outcomes of this inter-party dialogue, as its success or failure will directly influence the stability of the electoral process, the legal framework for elections, and the broader political risk landscape for businesses and investments.

Source: Reporting based on a recent news report.