Africa-Press – South-Sudan. South Sudan’s Minister of Justice and Constitutional Affairs, Michael Makuei Lueth, has defended the government’s decision to bypass the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) in amending the 2018 peace agreement, accusing the body of obstruction and overstepping its mandate.
Addressing the Transitional National Legislative Assembly, Makuei said the move followed delays and unilateral actions by the commission’s leadership, which he argued had stalled progress on the proposed reforms.
“The Agreement is originally defective. It has no arbitration or dispute resolution mechanism provisions,” Makuei told lawmakers, arguing that this gap has created confusion over how disagreements should be handled.
He said the Council of Ministers had, on December 19, 2025, approved resolutions from an Expanded Presidency meeting to amend provisions of the Revitalized Agreement on the Resolution of the Conflict in South Sudan.
The cabinet then directed the Ministry of Justice and Constitutional Affairs to submit the proposals to RJMEC for review before forwarding them to parliament in line with Article 8.4 of the agreement.
The aforementioned article outlines a consultative process for resolving disputes, requiring parties to first seek consensus through dialogue before referring unresolved issues to the Reconstituted Joint Monitoring and Evaluation Commission, and if necessary, escalating them to the Intergovernmental Authority on Development for political resolution, without providing for a binding arbitration or judicial mechanism.
Makuei said the amendments were submitted on January 15, 2026, but the commission responded on February 26, citing “very serious concerns on the proposed amendments,” effectively delaying the process.
He accused RJMEC Interim Chairperson, George Aggrey Owinow, of acting beyond his mandate, saying the official had assumed powers that do not exist within the agreement. “The Interim Chairperson… is exploiting [this gap], believing that RJMEC is the arbitrator and the mechanism,” Makuei said.
The minister dismissed claims that the majority of RJMEC members opposed the amendments, describing the assertion as inaccurate. “This is not true because South Sudanese are the majority in the RJMEC and were not consulted,” he told parliament.
Makuei further faulted the chairperson for failing to convene a formal meeting before issuing a position on behalf of the body. “The Interim Chair is supposed to call RJMEC meeting, not to make a unilateral decision,” he said.
Frustrated by what he termed obstruction, Makuei said the government presented a status report to the Council of Ministers on April 16, 2026, recommending that the process proceed without further engagement with RJMEC. The cabinet unanimously endorsed the move.
He told lawmakers that he was subsequently directed to table the amendments directly before the assembly for ratification, effectively sidelining the peace monitoring body.
“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.
The development highlights a deepening rift between the government and the peace monitoring mechanism.
The Revitalized Agreement on the Resolution of the Conflict in South Sudan allows for amendments but sets a structured, party-driven process. In general, any changes must be proposed and agreed upon by the signatory parties, rather than imposed unilaterally.
Once consensus is reached, the proposed amendments are submitted through the implementation mechanisms, including the RJMEC, before being forwarded to the Transitional National Legislature for formal ratification.
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