European Union warns South Sudan of legal limbo over election process

The European Union has warned that South Sudan faces a potential “legal limbo” regarding its upcoming elections. The warning follows the government's decision to hold polls under the transitional constitution rather than a completed permanent constitution, which was a central component of the 2018 revitalized peace agreement.

Lothar Jascke, the EU Deputy Head of Mission, expressed disappointment over the decision, noting that the permanent constitution was intended to ensure democratic governance and social cohesion. Jascke also raised concerns regarding the legality of the process used to amend the peace agreement, stating that the National Constitutional Review Commission (NCRC) and the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) were not consulted as required by the agreement.

According to the EU, amending the peace agreement requires approval by two-thirds of the Council of Ministers and two-thirds of the RJMEC voting members before ratification by the transitional national legislature. Jascke emphasized that these procedures must be respected to avoid uncertainty and doubt surrounding the legitimacy of the elections. While the EU expressed concern over the process, it acknowledged the government's pledge to continue working on outstanding provisions of the peace agreement following the elections.