A widening rift has emerged between South Sudan’s transitional government and the body mandated to oversee its peace process, the Reconstituted Joint Monitoring and Evaluation Commission (R-JMEC), over proposed amendments to the 2018 Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS).
R-JMEC, a 43-member body established under the 2018 peace deal, is tasked with monitoring implementation of the agreement that ended a five-year civil war. It brings together representatives of the transitional government, opposition groups, civil society, regional guarantors and international partners, including the African Union, IGAD member states and the United Nations.
The commission is designed to balance domestic and international stakeholders, with voting membership drawn from signatory parties, South Sudanese non-state actors, regional representatives and international partners.
At the centre of the dispute is the government’s decision to proceed with amendments to the peace agreement without what R-JMEC says is its mandatory approval under Article 8.4 of the R-ARCSS.
The coalition government, now largely controlled by groups aligned with President Salva Kiir’s SPLM party, argues that all parties to the 2018 agreement have already endorsed the need for amendments to enable long-delayed elections scheduled for December 2026. It also accuses R-JMEC of exceeding its mandate and obstructing preparations for the polls.
R-JMEC, however, says it is enforcing compliance with the peace agreement and insists that its endorsement is a required procedural step under the accord.
Dispute over procedure
Under Article 8.4 of the R-ARCSS, any amendment to the agreement must be approved by at least two-thirds of the Council of Ministers of the Revitalised Transitional Government of National Unity (RTGoNU) and at least two-thirds of R-JMEC voting members, before being ratified by the Transitional National Legislature (TNL).
Parliamentary documents show that Justice and Constitutional Affairs Minister Michael Makuei Lueth submitted the proposed amendments to R-JMEC on Jan. 15, 2026.
In a response dated Feb. 26, 2026 (Ref: R-JMEC/C/2026/1/065), R-JMEC interim chairperson George Owinow raised what he described as “very serious concerns”, saying consultations indicated that a majority of commission members opposed the proposed amendments.
Makuei told parliament on April 21 that the R-JMEC leadership’s position amounted to obstruction, arguing that the commission lacks a dispute-resolution mandate and cannot block government policy decisions. He also said the peace agreement is “originally defective” because it does not provide arbitration mechanisms to resolve institutional deadlock.
“The conduct of the chair is a mere obstruction and a clear violation of the provisions of Article 8.4 of the Agreement,” Makuei said in his submission to lawmakers.
R-JMEC has previously warned, in correspondence cited by government officials, that bypassing established procedures could undermine trust among signatories and weaken the legal framework of the accord.
Proposed amendments
The government’s proposal introduces changes to three chapters and one annex of the 2018 peace agreement, using terms including “delete”, “repeal” and “substitute” to revise provisions governing elections, constitutional sequencing and the legal hierarchy of the accord.
On the constitutional and electoral framework:
Article 1.2.5 would be amended to require completion of amendments to the Transitional Constitution of the Republic of South Sudan (2011, as amended) before the end of the transitional period, effectively separating elections from the permanent constitution-making process.
Article 1.2.14 would be deleted.
Article 1.20.5 would be revised to require the National Elections Commission (NEC) to conduct elections 60 days before the end of the transitional period under the amended Transitional Constitution.
Article 6.4, which requires completion of a permanent constitution within 24 months of the transition period and guides the conduct of elections, would be repealed entirely.
On voter registration:
Article 1.20.10 would be amended to reduce the deadline for publishing the voter register from six months to three months before elections.
In a significant legal shift:
Articles 8.2 and 8.3 in Chapter VIII, which establish the supremacy of the 2018 peace agreement over national laws and the Transitional Constitution in case of conflict, would be deleted. The chapter title would also be revised, removing reference to supremacy and leaving only “Procedures for Amendment of the Agreement”.
Annex D provisions linked to the Elections Act would also be revised to align with the Transitional Constitution (as amended) rather than a future permanent constitution, with several implementation timelines reduced from six to three months.
The government says the peace deal is structurally flawed due to the absence of arbitration or enforcement mechanisms, arguing this has contributed to repeated institutional deadlock.
A cabinet resolution dated April 17, 2026 (Resolution No. 12/2026) authorised the Ministry of Justice to submit the amendments directly to parliament after officials said R-JMEC declined to endorse the proposed changes.
The plan also draws on earlier political decisions, including an Expanded Presidency meeting in December 2025 and Council of Ministers Resolution No. 15/2025, both of which supported holding elections in December 2026 even if constitution-making remains incomplete.
The government argues that stakeholders agreed elections should proceed “with no further extension”, with outstanding constitutional issues to be addressed after the vote.
R-JMEC, however, insists that Articles 1.9.4 and 8.4 of the agreement require full consultation, consensus and approval among all signatory parties before any amendment can proceed.
Opposition officials aligned with detained First Vice President Riek Machar, who is facing treason charges, say they were not consulted in the process. Machar is a key signatory to the 2018 peace agreement.
Bypass deepens mistrust
The cabinet has authorised the Ministry of Justice to submit the amendments directly to parliament, effectively bypassing R-JMEC after officials said the commission declined to approve the proposed changes.
The move has raised concern among peace stakeholders that core safeguards embedded in the 2018 agreement are being weakened.
Edmund Yakani, executive director of the Community Empowerment for Progress Organisation (CEPO), said any amendment must begin within R-JMEC procedures under Article 8.4.
“Any attempt to amend provisions outside R-JMEC procedures is a clear violation of Article 8.4 of the R-ARCSS,” Yakani said.
He urged lawmakers expected to ratify the proposed amendments to uphold the integrity of the 2018 peace agreement and avoid actions that could undermine legal and institutional processes.
Fragile transition
South Sudan has repeatedly failed to meet electoral deadlines since gaining independence in 2011. The 2018 peace agreement ended a conflict that killed an estimated 400,000 people, but implementation has been slowed by delays, mistrust and disputes among the parties to the agreement.
With elections scheduled for December 2026, the widening rift between the transitional government and the peace monitoring body underscores continued uncertainty over whether the country’s long-delayed democratic transition will proceed as planned or face further postponement.
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