MPs warn against 2023 elections

The Members of Parliament in the Reconstituted Transitional National Legislative Assembly (RTNLA) have said the planned 2023 elections will not be possible without political reforms and a permanent constitution.

 The lawmakers raised the concerns on Monday during a deliberation on the Presidential speech delivered at the inauguration of the Parliament on August 3.

Dr Aldo Ajou Deng, a lawmaker in the Council of States, said for election to take place in South Sudan, the issue of security and reforms in institutions must be considered to ensure a fair and credible outcome.

“Let us put the security together, let us put the institutions including judiciary in its place. Let us declare freedom and liberty of democracy and rule of law before we talk about the election,” he said.

“These gaps are fundamental for a country to run, but when these are absent, you cannot say you run institutions and you make people accountable for the development,” Ajou stressed.

Healing and reconciliation

Ajou said it was very important that the country’s leaders have reconciliation among themselves and address the challenges facing the people across the country before holding an election.

“Our leaders should know that to put these things together: security first, freedom second and then the constitution, before we go for election.”

The lawmaker blamed the political leaders for the lack of cooperation to implement the agreement in letter and spirit as they have been mandated.

“Our concern is that the leaders are not holding the agreement and they are not helping one another. They are still feeling differently and sometimes when you see them sitting, it is when on the issue of positions [come up], what position and for who? This is where they become active,” Ajou decried.

On his part, the first deputy speaker of the RTLNA, Nathaniel Oyet said the implementation of the security arrangement was very important to create a conducive environment for the return of the IDPs and refugees back home to participate in the election.

“From 2018 to 2021, we have not even graduated a single soldier and now we are talking about the election and you know these parties some of them have arms, they have forces, if we go for elections as commander in chief and as generals, I wonder what kind of elections we will be holding,” Oyet questioned.

“So, in that case, security arrangement is pre-request to holding elections, repatriation of citizens is very critical because we have displaced our population,’’ he said, adding that most places in the country have been vacated due to the internal inter-ethnic conflicts. He said: ‘‘if you go to Malakal, you will never see people. Most of them are in the PoC even in Juba next to Jebel Kujur here, our population is in PoC. Do we want them to vote from IDP camps?’’

 ‘‘That one we cannot accept, our people must be returned to their areas and those across the border must be brought back in a dignified manner,” he added.

The first deputy speaker reiterated that without graduating the unified forces, it makes it difficult to hold peaceful elections in the country since some of the parties to the agreement have armed forces. 

“Election yes, nobody is scared of an election, all of us must go and seek a mandate from the people who have the sovereignty of this country but election should be held under a condition which must not drop this country to another violence,” Oyet emphasised.

Speaking on the political reforms, Oyet said the reforms in political space in the country have to be considered by the leaders and the permanent constitution to review the national electoral act 

Electoral act

“We have a lack of political space. You hear in Wau, Central Equatoria and other parts around this country the security operatives are detaining members of other political parties, they don’t allow them to have their meetings, civil liberties are hampered,’’ he lamented.

 ‘‘You hear people are leaving in embassies and these are bad signs we don’t want to see in this country. [If] we want credible elections then we must desist from this kind of practice.”

More concerns

While President Salva Kiir has maintained willingness to complete the implementation of the agreement in preparation for the 2023 elections, other stakeholders to the 2018 truce have cautioned against rushed elections.

Last month, the Special Representative of the United Nations Secretary-General Nicholas Haysom warned that the slow implementation of the security arrangements could obstruct election after the end of the transitional period.

“We witnessed an increase in violence particularly communal violence and humanitarian challenges. The slow security arrangements can be an obstacle for the coming election,” he said.

His sentiments were echoed by the Executive Director of CEPO, Edmund Yakani, who urged the president to take responsibility for transitioning the country from violence to peace.

“The delay in implementing the transitional security arrangements and slow establishment of the political proposed structures by the various provisions of the R-ARCSS is posing worry for successful transitioning of the country from violence to peace,” Mr Yakani noted.

Earlier this year, the SPLM-IO also warned against conducting the poll if not all the crucial chapters are implemented.  

“It is not just about stating that the election will be held in 2023. We are not against it, but to reach election, we need to implement the agreement,” said Manawa Peter Gatkuoth, SPLM-IO Spokesperson who is also the National Minister of Water Resources and Irrigation.

The law

Article 1.20 subsection 1.20.5 of the Revitalized Agreement on the Resolution of Conflict in South Sudan states that 60 days before the end of the transitional period, the national election commission (NEC) shall organise elections under the provisions of the permanent constitution adopted according to the agreement, and shall ensure that the outcome is broadly reflective of the will of the electorate.