AU meets Kiir to assess peace implementation as Juba amends Agreement

JUBA — An African Union delegation has met President Salva Kiir Mayardit in Juba to assess progress in the implementation of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) and preparations for elections, as the government faces mounting criticism over recent unilateral amendments to the very accord governing the transition.

On Thursday, Mr Kiir received the African Union High-Level Ad Hoc Committee on South Sudan (C5), led by South Africa’s Minister of International Relations and Cooperation, Ronald Lamola, amid growing domestic and international concern that cabinet-approved changes to the 2018 peace deal could undermine agreed legal pathways to elections scheduled for December this year.

In a joint statement issued after the meeting, Lamola said the delegation was in Juba “to examine the status of the Revitalised Peace Agreement and to review the progress that has been achieved as far as election preparation is concerned.”

He called on South Sudanese parties to maintain calm and solidarity to allow the necessary conditions for credible elections to be fully realised.

For his part, South Sudan’s Minister of Foreign Affairs, Monday Semaya Kumba, reaffirmed the government’s determination to achieve peace, hold elections, and sustain cooperation with regional and international partners.

The C5 committee — comprising Algeria, Chad, Nigeria, Rwanda and South Africa — was established by the African Union to engage directly with South Sudanese stakeholders, build consensus, and accelerate the implementation of the peace agreement that ended years of civil conflict.

Controversial amendments to the peace agreement

The AU visit comes days after President Kiir presided over an extraordinary cabinet meeting on 23 December 2025, which adopted resolutions amending key provisions of the R-ARCSS. The amendments eliminated the permanent constitution-making process, population census and housing data from the constitutional framework, enabling the government to rely on the 2011 Transitional Constitution (as amended) to conduct elections.

At the time of publication, the amendments had not been tabled before the Transitional National Legislative Assembly (TNLA) or the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC), the independent body mandated to oversee implementation of the agreement. Reports indicate that neither RJMEC nor TNLA were consulted before the cabinet decision.

The move has triggered strong objections from the Sudan People’s Liberation Movement in Opposition (SPLM-IO), led by detained First Vice President Riek Machar, a key signatory to the agreement. The opposition argues that unilateral amendments erode trust among parties and threaten the credibility of any future electoral process.

Legal provisions governing elections and amendments

The Revitalised Peace Agreement sets explicit legal conditions for elections. Chapter Six, which outlines parameters for drafting a permanent constitution, states that the adoption of a new permanent constitution is a prerequisite for elections at the end of the transitional period. It provides that:

“The Permanent Constitution–making process will be completed within 24 months of the Transitional Period. It should be in place to guide the elections at the end of the Transitional Period.”

This clause legally binds the election process to completion of the permanent constitution-making exercise — a requirement now effectively bypassed by the government’s recent amendments.

Chapter Eight of the agreement establishes the supremacy of the R-ARCSS over national law during the transition, declaring:

“This Revitalized Agreement is binding on all Parties, and it repeals the ARCSS 2015 in its entirety… If there is any conflict… the terms of this Agreement will prevail.”

On procedures for amendment, the same chapter prohibits unilateral changes and sets out a multi-institutional process. It states:

“This Revitalized Agreement may be amended by the Parties, with the consent of at least two–thirds of the members of the Council of Ministers of the RTGoNU, and at least two–thirds of the voting members of the RJMEC, to be then ratified by the Transitional National Legislature.”

Critics argue the cabinet-approved amendments do not meet these procedural requirements, raising legal and political questions over their validity under the agreement.

Uncertain outcome

Government officials defend the amendments as necessary to remove provisions they say complicate the creation of favourable conditions for elections.

As the African Union delegation continues consultations with government officials, opposition representatives and peace guarantors in Juba, it remains unclear what outcome the engagement will yield — particularly whether it will restore consensus among signatories and keep the electoral roadmap anchored within the agreed legal framework.