South Sudan Transitional National Legislative Assembly Approves Revitalized Peace Agreement's Anti-Corruption

• The Revitalized Peace Agreement signed in 2018 aimed to strengthen governance institutions in South Sudan, including the Anti-Corruption Commission.
• Nearly eight years later, the commitment to reconstitute and resource the Commission remains unfulfilled.
• The delay has left one of the country's most important governance institutions without comprehensive reforms, undermining efforts to combat corruption and promote accountable governance.

The delayed implementation of Article 4.4 has left one of South Sudan's most important governance institutions without the comprehensive reforms envisioned under the peace agreement.

The Revitalized Peace Agreement signed in 2018 aimed to strengthen governance institutions in South Sudan, including the Anti-Corruption Commission. However, nearly eight years later, the commitment to reconstitute and resource the Commission remains unfulfilled. The delay has left one of the country's most important governance institutions without comprehensive reforms, undermining efforts to combat corruption and promote accountable governance.

The challenge extends beyond leadership appointments, as the Commission has operated under severe financial, administrative, and logistical constraints for years. Reports indicate that more than 90% of its workforce has been lost due to prolonged salary arrears, inadequate operational funding, and poor working conditions. This significant loss of institutional memory and professional expertise has inevitably weakened the Commission's effectiveness.

The Commission has also faced persistent operational difficulties, struggling to secure permanent office accommodation and operating without essential resources such as vehicles, equipment, and information technology systems.

The Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) signed in 2018 recognized that sustainable peace requires accountable institutions. Article 4.4.1.7 of the agreement requires the president to nominate the chairperson of the Anti-Corruption Commission and submit the nomination to the Transitional National Legislative Assembly (TNLA) for approval within two months of the commencement of the Transitional Period. This provision was intended to strengthen governance institutions, including the Anti-Corruption Commission.

The amended Anti-Corruption Commission Act mandates the Commission to prevent, investigate, and prosecute corruption. However, despite being constitutionally and legally mandated to do so, the Commission has operated under severe constraints for years.

The delayed implementation of the Anti-Corruption Commission's reconstitution raises significant compliance exposure for businesses operating in South Sudan. The continued failure to combat corruption undermines efforts to promote accountable governance and strengthens the rule of law. Corruption remains one of the greatest obstacles to peacebuilding, economic development, and democratic governance in South Sudan.

The lack of a functional Anti-Corruption Commission also diverts scarce public resources from essential services, weakens state institutions, erodes public confidence, discourages domestic and foreign investment, and undermines the rule of law. An institution established to protect public resources should not itself be deprived of the minimum resources necessary to function effectively.

The delayed implementation of the Anti-Corruption Commissions reconstitution raises significant compliance exposure for businesses operating in South Sudan, as it undermines efforts to combat corruption and promote accountable governance.

Source: Original reporting via Opinion