The European Union (EU) has warned that South Sudan risks remaining in a “legal limbo” over changes to the 2018 revitalized peace agreement that were effected by the government without following due process.
Lothar Jaschke, Deputy Head of Delegation and Chargé d’Affaires of the European Union Delegation to South Sudan, said the decision to hold elections under the transitional constitution rather than a permanent constitution was disappointing and raised concerns about the process used to amend the peace agreement.
He made the remarks on Wednesday in Juba during the opening of consultations between the National Constitutional Review Commission (NCRC) and members of the executive and independent institutions as part of the permanent constitution-making process.
“This is somehow disappointing and regrettable because the permanent constitution was the promise in 2018 of a democratic governance system and social cohesion,” he stated.
The diplomat added that the procedure for changing the peace agreement had not been fully followed, saying the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) was not consulted as required.
Jaschke said the revised agreement required approval by at least two-thirds of the Council of Ministers and two-thirds of the voting members of the RJMEC before being ratified by the transitional national legislature.
“The RJMEC board was not consulted as the peace agreement requires, and I think this needs to be corrected,” he said. “Otherwise, we are in a legal limbo, and there will always be doubt hanging over the clouds of elections.”
The envoy warned that bypassing the required procedures could create uncertainty around the legal status of the changes and the elections.
He also welcomed the government’s commitment to continue implementing outstanding provisions of the peace agreement after the elections.
Jaschke referred to a previous announcement by Cabinet Affairs Minister Martin Elia Lomuro that pending tasks under the peace agreement would be moved into post-election arrangements, describing the commitment as encouraging.
“We warmly welcome this announcement,” he said, adding that it was encouraging that the government was not walking away from the peace agreement and its reform programme.
He nevertheless urged the government to make as much progress as possible in implementing the agreement during its remaining lifetime.
The EU has been supporting South Sudan’s constitution-making process through its support to the Max Planck Foundation, which has worked with the NCRC on civic education, public consultations and constitutional issues.
The NCRC says the current consultation process is intended to ensure that the views of South Sudanese citizens form the basis for drafting the first permanent constitutional text.
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