South Sudan: Rejects UN Election Risks, Commits to December Polls

• South Sudan's government has rejected warnings from the UN Commission on Human Rights in South Sudan regarding potential election-related violence.
• The UN Commission identified renewed violence, political mistrust, and weak institutions as significant risks to the December elections.
• The government affirmed its commitment to the 2018 peace agreement and to holding elections as part of its democratic transition.
• Concerns were also raised by the UN about an underfunded electoral process and ongoing human rights violations like killings and arbitrary detention.
• Despite a 2018 peace deal, South Sudan continues to face slow implementation and persistent violence, contributing to pre-election instability.

Our concern is with the conditions for elections.

The South Sudanese government has strongly refuted allegations made by the UN Commission on Human Rights in South Sudan, which warned that the country's upcoming December elections could ignite political confrontation and armed violence. In a statement issued on Friday, the Ministry of Foreign Affairs labeled these claims as "unfounded," asserting the government's unwavering commitment to the 2018 peace agreement. This commitment, according to the ministry, includes proceeding with elections as a crucial component of South Sudan's democratic transition.

The government emphasized that the nation's future trajectory should be determined through processes owned and driven by its own citizens. To this end, it highlighted a recently announced inter-party dialogue, presenting it as a vital platform for various political stakeholders to address pressing national issues and shape the country's path forward. This stance directly challenges the UN's assessment of potential risks surrounding the December polls, particularly concerning South Sudan rejects UN election risks.

Following a four-day visit to South Sudan, the UN Commission on Human Rights in South Sudan presented a starkly different outlook, identifying significant dangers to the planned vote. The commission concluded that a combination of renewed violence, deep-seated political mistrust, a shrinking civic space, and inherently weak institutions collectively pose serious risks to the integrity and peaceful conduct of the elections. Commissioner Barney Afako articulated the core concern, stating to reporters in Juba on Thursday, "Our concern is with the conditions for elections." This highlights the UN Commission on Human Rights in South Sudan's focus on the foundational environment necessary for credible polls, especially in light of the South Sudan December elections warning.

To mitigate these identified risks, the commission put forth several key recommendations. These included an urgent call for a cessation of hostilities across the country and the establishment of adequate political and civic space for all participants. Furthermore, it urged the creation of an independent and properly funded electoral institution, alongside credible mechanisms specifically designed for resolving any electoral disputes that may arise. The commission also stressed the importance of the government pursuing inclusive dialogue with all political opponents, explicitly mentioning supporters of suspended First Vice President Riek Machar, who is currently on trial, to foster a more stable pre-election environment.

Beyond the immediate electoral process, the UN Commission on Human Rights in South Sudan also raised broader concerns regarding the state of human rights and the practicalities of the upcoming vote. It pointed out that the electoral process itself is severely underfunded, a deficiency that could undermine its effectiveness and fairness. The commission warned that the prevailing violence has the potential to prevent certain communities from participating in the voting process, thereby disenfranchising segments of the population. These issues contribute to the overall South Sudan political instability elections narrative.

Moreover, the commission reiterated its alarm over persistent human rights violations, including reports of killings, widespread sexual violence, and arbitrary detention. These alleged abuses underscore the ongoing challenges to human rights compliance in the nation. In response to these grave concerns, the UN body renewed its calls for the establishment of the Hybrid Court for South Sudan and other essential transitional justice mechanisms, aiming to address past atrocities and foster accountability.

South Sudan's journey since gaining independence in 2011 has been fraught with challenges, notably its descent into a devastating civil war in 2013. While a significant peace deal was brokered in 2018 between President Salva Kiir and Riek Machar, which effectively ended the main phase of the conflict, its implementation has been notably slow. This sluggish progress, coupled with persistent violence in various parts of the country, continues to cast a long shadow over the nation's stability and democratic aspirations.

The South Sudan 2018 peace agreement, intended to pave the way for a stable future, has not fully delivered on its promise, leading to ongoing South Sudan human rights concerns and a precarious political landscape ahead of the December elections. The current dispute over the UN's warnings reflects the deep-seated issues that continue to challenge the young nation, signaling heightened political and security risks.

This development signals heightened political and security risks in South Sudan ahead of the December elections, which could impact business operations, investment stability, and human rights compliance. Lawyers and compliance officers should advise clients on enhanced due diligence and risk mitigation strategies, particularly concerning potential violence and the government's stance on international oversight.

Source: Reporting from recent dispatches.