Statement by Nicholas Haysom, Special Representative of the UN Secretary General & Head of UNMISS at his press conference

nicholas haysom unmiss south sudan humanitarian protection of civilians united nations elections
9 Oct 2024

Statement by Nicholas Haysom, Special Representative of the UN Secretary General & Head of UNMISS at his press conference

[Near Verbatim]

I want to thank you for joining me at today’s press conference and welcome to everyone who is tuning in live on Radio Miraya.
 I’m going to focus on three areas during this briefing —

  • firstly, the extension of South Sudan’s transitional period until February 2027, which means postponing elections to December 2026
  • secondly, what we as the UN are doing to support the parties, civil society, and South Sudanese generally in making real progress on holding credible elections, and vitally, elections that do not risk the country spiraling into violence again
  • And, lastly, what we expect from South Sudan’s leaders and its political class before the end of this year.

From the UN’s perspective, we have acknowledged the decision to extend the period of the Roadmap, the R-ARCSS, but we have done so with regret. I say this because we are compelled to recognize the deep frustration and fatigue felt by the South Sudanese people at the seeming political paralysis and inaction in South Sudan.

In past weeks, I have spoken at length with political leaders, civil society representatives, women and youth leaders as well as international partners. These discussions have left me in no doubt that, as the UN Secretary-General, Antonio Guterres has said, the only way forward is for South Sudan’s leaders to find the compromises and modes of implementation of a critical mass of the key political, and operational benchmarks set out in the R-ARCSS. They must make this latest extension count if they are to retain the trust and confidence of their people and let’s be clear – from our perspective, that clock is ticking right now. The clock doesn’t start in February next year.

The UN is prioritizing support in achieving concrete outcomes because the last thing we want is for this fourth extension since the signing of the Revitalized Peace Agreement in 2018 to end with the country in almost the same position as it is right now.

Firstly, we are working with political parties at national and state levels to raise awareness on what is required from them to hold elections. These include enabling them to have considered responses, political responses from their parties, to the 10 questions that we asked the political class over one year ago, which, to date, remain unanswered.

These questions examine foundational matters such as the nature and kind of elections that the country wants to hold; electoral participation by refugees and internally displaced persons; issues related to proportional representation, which means that subgroups of the larger electorate are reflected comparably so that all votes cast truly reflect the will of the people; but also we are engaged in setting up effective electoral dispute mechanisms to make sure that the political rights of all citizens are protected. Another critical issue is clarity on voter registration. We are aware that if the elections are mismanaged, it raises the real prospect of activating a relapse into conflict.

In the past two years, the UN and partners have held extensive consultations with refugees and IDPs – both in the country and outside – to get their take on what elections in South Sudan mean to them.

We are also doing our best to provide key stakeholders in South Sudan’s future at both state and national levels—political parties, civil society, women, youth, security forces, traditional leaders, and communities as a whole—opportunities to be informed, to bridge their differences, arrive at common understandings, and generally to have a voice in the process. So far this year, we have held such political forums in Juba, in Yambio, in Bor, in Wau, in Rumbek, and in Bentiu. The next one is scheduled for later this month in Aweil. These are not one-time workshops – they are a rolling initiative because arriving at consensus requires continuous dialogue, giving people time to reflect and feel free to express their opinions without hesitation or fear.

I cannot stress enough the importance of open civic and political space for all the citizens of South Sudan. It’s the bedrock of democracy. We are, therefore, collaborating with 200 civil society organizations across the country to build alliances and boost civic education and participation in the important task of monitoring the elections. What they’ve indicated to me in our frequent meetings is essential—the need for a united South Sudanese voice to ensure that the political space that they stand for, ultimately, represents a shared vision for a more equitable future. This demands the very spirit of compromise that Secretary-General Guterres has asked the Parties to demonstrate.

Let me give you an example: a positive outcome from the political forum in Bor was an agreement between civil society and the national security apparatus and its representatives to sit together and understand each other’s perspectives. Such local collaborations are a lynchpin of a united South Sudanese society.

 Through these platforms and interactions, we, as the UN are helping create an ‘enabling environment’ for elections. This means an environment where all citizens can cast their vote without intimidation or fear of reprisal; where politicians have a level playing field to express their opinions without inciting hatred or violence; where the media can keep people informed without censorship; and a vibrant and vocal civil society can thrive. And I should just underscore that if there is a common theme in our engagement with South Sudanese, it is the thirst for knowledge about what is happening and what is taking place behind the political scenes.

Here, I’d like to express my concern about the proposed amendments to the National Security Service Act. As it stands now, there are several clauses that are barely compatible with democratic principles and will, inevitably, cast a shadow over elections. I and many other stakeholders have raised this concern with government partners and urge them to reconsider these clauses.

We are particularly focused  now on building institutional capacities. Even as we speak today, the UN Integrated Electoral Assistance Team comprising of UNMISS and UNDP are helping the National Elections Commission hold its first induction exercise for the State High Elections Committee members. This is one of many workshops we are supporting to connect the national and the subnational or state levels to build capacities across the board and introduce key concepts of effective electoral management. Vitally, it is providing clarity to members of these State High Elections Committees of their important role in delivering free and fair elections. Free and fair elections can’t just take place in Juba.

I’d also like to highlight that we are expanding our assistance to the NEC beyond technical meetings and discussions and capacity building. We are looking at real, brick-and-mortar investments across all 10 states. We intend to start and to make a clear headway by the end of the year in building offices in all 10 states for the National Election Commission to function and for people to interact with the electoral process. We intend to do that through our Quick Impact Projects, and that will go a long way in resolving infrastructural difficulties – in other words building the hardware, to go with the software that we are introducing through our experts and expertise and engaging in questions with many South Sudanese. This will involve a significant financial outlay. This initiative is intended to complement the government’s efforts in the same investment to their democratic institutions.

Additionally, we are supporting the NEC on drafting election regulations; their own code of conduct which was adopted on 17 July; finalizing a civic and voter education strategy; as well as building knowledge and capacities among their legal team on regional and international best practices related to electoral issues. This represents a unique opportunity for South Sudanese across the country to begin to define what are the borders of legitimate political activity; what South Sudanese want to see as appropriate allowances for political license. In short, we have shared a tremendous amount of  in-house electoral and political expertise that we have in the UN – as we manage elections across the world every year - and we’ll  continue to do so.

On the judiciary and electoral security front, next week we’ll be supporting capacity building among public prosecutors and police investigators to strengthen their knowledge of the electoral framework and integrate their perspectives into responses from the justice system so as to counter electoral offences and deter situations of possible electoral violence. We’ve already helped facilitate senior-level workshops on electoral security principles and the specific roles and responsibilities of different actors, including the different security actors. This will pave the way for developing a comprehensive security plan once the NEC defines parameters for the electoral operation itself, and we intend to build on this with South Sudan’s security sector.

Staying on security, South Sudan’s leaders must be open and honest about their intentions to unify their forces because it is the only way to sustainably prevent rising subnational violence. This does not need vast amounts of funding, but it does need a common approach and effort. Additionally, decisions now on election security roles and responsibilities allow for early preparations. As UNMISS, we have provided significant logistical support in the rollout of Phase 1 of the unification exercise – the deployment of the Necessary Unified Forces. But we still haven’t seen visible forward movement, frankly, in regard to Phase II so as to complete that phase and the forthcoming phase.

Our peacekeepers are doing their best to help protect civilians by preventing and resolving conflicts where we can. However, we cannot be everywhere at once. The safety of the South Sudanese people remains the primary responsibility of the Government and leaders must ensure there is a functioning security apparatus to boost confidence before, during and after the elections.

The constitution-making and transitional justice processes also need immediate impetus even though they have made an initial start on the tasks ahead. A permanent constitution requires extensive consultation so that it reflects the will of the people rather than being unilaterally determined by a small group of penholders and experts. Together with the African Union and IGAD, we have already pledged experts and expertise, and conducted seminars and training on critical constitutional questions. We are engaging with the National Constititional Review Commission (NCRC) and have been raising community awareness as well as helping build institutional capacities. But it’s disappointing that the Commission, which was set up a year ago, hasn’t really moved a significant distance.

I’ve noticed their various appeals for funds up front but let me be clear that requests for external or international financing—not merely for constitution-making but for any aspect of South Sudan’s transition—need to be backed up with demonstrable proof that national financial resources are being prioritized for these long overdue steps—again, that South Sudanese are ready to invest in their own democratic elections and processes before asking others to do so.

The international community also need tangible evidence that this country’s leaders are genuinely committed to a democratic future. As things stand, there is international concern about the political stagnation here. Public patience isn’t limitless.

Additionally, the country needs a fully functioning, independent judiciary and a properly funded police force. UNMISS is assisting on both these fronts through our support to the deployment of mobile courts in remote locations and by strengthening the skills, abilities and processes of the National Police Service so that they are equipped to protect and serve their own communities.

But the fact remains that the driving force behind all these tasks must be the political elite, not the UN or external peace partners. These aren’t ‘UN elections’ or ‘foreign elections.’ These are South Sudan’s first post-independence elections. Therefore, this latest extension should not make political leaders complacent. Instead, they must use the next four months until February 2025, when the extended period commences, to set realistic targets and achieve them. At the risk of repeating myself, fundamental tasks include:
 

  • drafting a – and we heard this at the adoption of the extension in the RMEC meeting—harmonized implementation plan between various outstanding processes, for example, ensuring the constitution-making process follows the electoral timeline, by immediately clarifying and resolving key political decisions that remain outstanding and in a proper sequence.
  • follow this with realistic timelines and a realistic budget, with confirmed government funding.
  • take decisions on voter registration now to enable the voter registration process to start next year. We want to launch the launch of voter registration.
  • complete Phase 1 of the deployment of Necessary Unified Forces;
  • devise an agreed code of conduct for political parties, civil society and the media that reflects the aspirations of all South Sudanese; and
  • ensure all these activities run in parallel to conducting immediate and widespread civic education.
     

Finally, let me reiterate that the UN is not seeking to impose external milestones on the parties. We, along with partners such as the African Union and IGAD, are here to help South Sudan’s leaders fulfill the promises they made when they signed the 2018 peace deal. We are doing so, among other things, by monitoring interparty dialogues and encouraging the Government to provide clarity on how the Kenya-led Tumaini Initiative and the viewpoints of non-signatories can fit into the trajectory of the peace agreement. Finding the moral courage to take decisions does not cost anything or require donor funding.
 

In the absence of urgent action, there is a very clear and present danger of a relapse into conflict in this young nation. This would be too high a price for the South Sudanese people to pay.

For our part as UNMISS, we would want to reassure South Sudanese that other elements of our mandate will be undertaken. Our peacekeepers are protecting civilians and helping shore up this country’s responses to repeated floods by building berms and dykes; our human rights colleagues are consistently doing their best to ensure that the rights of all citizens are upheld. We continue to work with humanitarian partners to ensure safe delivery of aid, particularly at this difficult time . And we are building capabilities among rule of law and security actors to ensure accountability as well as supporting the peace process in every way we can.

However, everything we do needs to be complemented and led by demonstrable efforts by the Parties to galvanize political will, take necessary decisions and allocate appropriate resources for implementing all outstanding benchmarks so that South Sudan can finally head to the polls in December 2026.  It is time for the train to leave the station.

 I’ll stop here and am happy to take any questions you may have. Thank you.   

Questions & Answers

Q: You’ve talked about the political forums that you've been supporting across the country, and you mentioned a good example about what happened in Bor. What of the other states that have also been experiencing disagreement between different categories of the government? You can see that parliamentarians in other states do not agree with the executive and sometimes the executive do not agree among themselves. 

SRSG Nicholas Haysom: Well, I think first, our responsibilities are to see what are the issues that that state is grappling with. As you know some are grappling with issues such as hunger. Others are dealing with divisions within their community. And if I can just share with you one example of a recent forum I attended – it was a youth forum: a forum for the youth wings of all the different political parties. Interestingly, what they said to me is please don't organize more forums for different political parties’ youth wings. Organize forums for the youth [in general]. We want to speak with one voice, and we want to be heard. So that's a message, of course we will take. So, I think each forum generates its own issues. If we were to be holding one in Warrap, we'd be looking at the peace initiative in Tonj East which was recently canceled, and how to restore it to try and bring peace to that area which has suffered so much recently from intercommunal violence, and so on. 

Q: You mentioned that the parties or the government should make the latest extension count to retain the trust of the citizens. As a peace partner for South Sudan, have you seen some political will coming up to ensure that the latest extension will not go in vain? Secondly, with regard to the elections now being pushed to 2026, the government did mention that they wrote to UNMISS to support them in their quest to organize free and credible elections. How far has UNMISS invested in that respect? And if this extension doesn't count, I remember the international community did not welcome the current extension wholeheartedly, what is UNMISS going to do as a peace partner for South Sudan? 

SRSG Haysom: I’ve seen a greater degree of interaction between the political parties over the last few months than we've seen for a long time. And we want them to sustain that momentum whether it's talks engaging the High Level Task Force and the Tumaini Initiative, or whether it's here in Juba [in the form of] discussions amongst the different political parties. We're aware, for example, that the 10 questions which have to be answered requires each of the political parties to meet and engage. And they haven't done that. We want to encourage them to do that. I'm detecting a greater willingness. I think people realize there cannot be another extension. So, if there's no chance of another extension really, they must engage with the tasks which now lie ahead, and do it now. There is a suggestion, certainly at the RJMEC meeting that the first six months could be a period in which people will try to gather resources and raise funds, and then they would start on the process of preparing for elections. I'd want to encourage people to start today. This is the message we're trying to communicate, which is, the train hasn't left the station but it's beginning to move, and people are saying they want progress. What I'm hearing from political leaders is they've heard that message. So that makes me a little bit hopeful.

On the elections delay, I think UNMISS has for some time now been investing considerably all its resources into helping launch the elections. Now that doesn't mean that the elections are being held by UNMISS. They're being held by the South Sudanese. Our task is to help the South Sudanese. Our task is not to do the elections ourselves. And there's an expression—and I like to use African expressions since I come from Africa—which is, “A doctor cannot take medicine on behalf of the patient.” The patient has to engage in the business of creating the conditions. We will do our best to create an environment in which elections can take place, but at the end of the day, South Sudanese have to step up.

We were asked by the Government to assist in the elections. We've responded to that, as has the Security Council, and has agreed, in particular in regard to the task of creating the enabling environment for an election. I think once that enabling environment is clearly there, we will want to step up our call to the international community to invest directly itself, but as I warned, they will look first and foremost to see that South Sudanese are doing what they need to do to hold the elections, not calling on outsiders while South Sudanese are not participating. 

Q: My question relates to encouraging dialogue between or among the big fish, because we clearly see from your statement that you've been doing a lot in terms of civil society, women, youth having dialogue among themselves. But we've also seen that the people in the political parties who are running the government are not; they don't like dialogue very much. They only come together in most cases when there's a common interest like the extension and then when the extension is done, they fall apart. To what extent is UNMISS encouraging these political parties to dialogue, to come out clearly and state to us that we are ready for elections come 2026? We've seen in other countries in the region, people start preparing early, come out clearly. But in our case people keep their cards very close to their chest. 

SRSG Haysom: That's a good point and perhaps I've understated the extent of our engagement with the individual five vice presidents. with other political leaders, with the party political leaderships and general secretaries. We recognize that they also have to do their part. But we also want [ to involve] the other South Sudanese because they're the ones who are complaining to us that they feel left behind by the process or ignored. So, we're trying to address both those elements. I'm often asked the question, “how do you create political will?” I'm not sure I have the answer. But I can tell you from my own country, which was equally divided and went through a very violent period before its liberation, that the generation of common values, of a common purpose, of a common sense of patriotism of people who answer the question when they asked who are they, they say, “I am South Sudanese,” they don’t say “I am from this tribe,” or “I belong to this area,” or “I come from this place.”  We're hoping that that sense of common purpose will come out only through engagement; as the parties begin to say, “at what level should we hold the election? Should it be executive? Should it be legislative?” And then people say well, look, I think we need to hold elections in this way or that way. And I would want to stress that it's very important that they see elections as a nation building activity—this is how we South Sudanese approach the question of building our future—and not divisive, because elections are divisive. You're asking old enemies to fight each other politically, where they were fighting with weapons before. So, you have to consciously encourage a nation building moment, and I think the big fish, as you call them, listen to the small fish because they are the people that they're trying to win over to their side. And so, it's very important that the pressure comes from below as well as from the international community; not that people think the only pressure is from the international community. I think that South Sudanese can exercise significant pressure on their leadership. To encourage political will, as it's often called, a lot of people talk about trust building. And we will be wanting to emphasize the importance of building trust. To some extent, this is a political culture and we want to encourage that political culture amongst our South Sudanese [interlocuters] without dictating to the South Sudanese that this is what they should do. 

Q: You talked of the unification of forces as one of the key elements for the elections to be held. But the government has consistently complained of the arms embargo as one of the reasons that they cannot unify the forces or actually make security available. When is the arms embargo going to be lifted? You also talked of NEC structures in the states that UNMISS is going to spearhead. When is this starting and how long is it going to take?

SRSG Haysom: Let me just say this on our engagement with the states as UNMISS: we will be working with the NEC, not on our own. We'll be working with civil society and it won't stop. It will continue throughout the process of preparing the country for elections. I mentioned earlier, we don't see elections as just a Juba affair. They will happen across the country and all South Sudanese have an equal right to participate in them. And I think we have a duty to also go beyond the big cities.

On the question of the arms embargo: well, the arms embargo is set by the Security Council. It's not set by UNMISS and UNMISS has nothing to do with the arms embargo as such. When will they decide to lift it, I think will depend on what happens in South Sudan. I think certainly if there's a reduction in the levels of daily violence from intercommunal conflict, it will strongly encourage not just the Permanent Members of the Security Council but other members to support a call for a different approach to the question of the arms embargo.

The unification remains important. We've seen unification take place without arms. We've seen the collections of arms, and we don't know what's happened to the arms which have been collected in the disarmament campaign. So there has to be also an ability to reassure people that those arms are not being recycled. 

Q: Here’s a question from one of our viewers: opposition figures such as the Vice President, Doctor Riek Machar, leader of the SPLA-iO, are facing restrictions on movement and his Deputy at one point was barred from leaving the country. How does the UN mission view these actions in relation to the parties’ commitment in the Revitalized Peace Agreement to foster trust? 

SRSG Haysom: Well, we believe that all South Sudanese should be able to move [freely]. The difficulties, whether they exist or don't exist - I've discussed this matter with First Vice President Machar - must be resolved within the RTGoNU. There's a doubt as to, or questions which have been placed about whether there is a movement embargo or not, and they would have to agree that there is or there isn't and find ways to deal with it. As I said, we will continue to encourage that all citizens, all South Sudanese have the right to freedom of movement, but also as we come up to elections, it seems important to us that all political players are able to compete on a level political playing field. And that's not only a reference to Doctor Riek Machar but also to all other political leaders. 

Q: You talk about the National Security Bill which has recently [been] passed by the Parliament and left in the office of the President. And you call for the government to reconsider the National Security Bill. Can you say more about this? How do you want the government to reconsider? Because it will become a law. 

SRSG Haysom: Well, a number of quite important stakeholders themselves approached the government and I'm only reflecting an opinion held by many South Sudanese that we need to expand political and civic space, and people need to feel free to participate and that those provisions don’t help. That was a position adopted by the Tumaini leaders and it's been a position that was adopted by many in the High Level Task Force. We have been given to understand the issue has been raised again at the cabinet level. But what has happened? We don't know. Perhaps it may well be that with the change in leadership in the NSS, there may be a rethink on that question. 

Q: This week we also learnt of changes in the security sector in terms of the head of national security and also the command of the Tiger Division. Do you think this will affect the peace agreement or will they have a different impact on the process? 

SRSG Haysom: I'm really unable to answer that question. I think like many of you, we are waiting to understand properly what is the nature and driving force behind these changes, but we accept that the government has the right to make those changes. 

Q: Just to wrap up your briefing, we wanted to take you back to the issue of elections and and to the transitional period. As you mentioned, the train has already taken off or it is expected to take off in February next year. The government has been complaining a lot about resources. And it has, several times, asked the international community to help in some of its activities. As of now, civil servants have spent 11 months without salary. To make elections happen, their proposal or their benchmark is that it needs at least 18 months to draft a permanent constitution, and it needs another 16 months for the census. So given all these huge tasks ahead, constrained resources and the economic crisis in the country, what is your fear? Do you think the train will reach its final destination by December 2026?

SRSG Haysom: This is my fear that the answer to that question lies in the hands of the political class of South Sudan. They have it in their power to reach the finishing line. But they also have it in their power not to finish, not to reach the finishing line. Now to the resources question, I'm quite certain is the answer lies in this: there will be no resources if there's no indication of real political will to hold the elections. If you're an investor, you don't invest in a company where the owner says I’m not putting my money into my own company. You're looking to people to invest in their own process, their own country. If they do that then people will be like—these people believe that there will be elections, okay, I’ll invest in this project myself. One of the issues I see at the moment is the existence of a lack of confidence. People have been [waiting] a long time now and they didn't see anything come out of the last extension. Not much. What we want to do is to reinvest in that confidence. That's why we want to drive this process. We want to challenge civil society and all the political parties and the government to get on the train before it leaves the station. It hasn’t left the station, but it's starting to move. As far as we're concerned, we're going to start building buildings. We're training people to be electoral officers. We are going to the countryside and telling people what the election is about. We’re telling the rest of the society also that join us! Let’s animate and excite our people about the prospects of holding their first election. So that's where we're coming from. 
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Contact: UNMISS Spokesperson, Priyanka Chowdhury at chowdhury20@un.org or unmiss-spokesperson@un.org