Juba Retreats from Unilateral Peace Deal Amendment After Western Pressure
The Index Post
May 25, 2026
Martin Elia, Carbit Affairs Minister. Courtesy image: Office of the President of South Sudan
Juba, South Sudan - Faced with crippling Western sanctions and diplomatic isolation, President Salva Kiir’s administration halted its attempt to dismantle the peace accord.
The transitional government of South Sudan has executed a significant political about-face, retreating from proposed legislative amendments that would have stripped the 2018 Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) of its legal supremacy. Following a high-stakes cabinet meeting chaired by President Salva Kiir in Juba, Cabinet Affairs Minister Dr. Martin Elia Lomuro confirmed that the government would retain the critical "supremacy clauses" it had previously sought to repeal, Reports Radio Tamazuj.
This tactical withdrawal follows a week of intense coordinated pressure from Western embassies, the European Union, and the United States, which issued targeted visa restrictions against South Sudanese officials accused of undermining the peace process. The confrontation highlights the fragile nature of South Sudan’s transitional period as the nation attempts to navigate a path toward its first general elections since independence, currently scheduled for December 2026.
At the heart of the dispute were Articles 8.1, 8.2, and 8.3 of the R-ARCSS. These provisions collectively establish the 2018 agreement as the primary legal authority in South Sudan, superseding both the national constitution and existing domestic laws during the transitional period.
Specifically, Article 8.1 mandates that the agreement is legally binding on all signatories and requires ratification by the legislature. Article 8.2 ensures its incorporation into the Transitional Constitution, dictating that R-ARCSS provisions must prevail in any legal conflict. Article 8.3 further cements this hierarchy by granting the accord precedence over any inconsistent national laws or prior agreements.
The Kiir administration’s initial proposal, tabled by Justice Minister Michael Makuei Lueth on May 11, aimed to repeal these clauses. Such a move would have effectively decapitated the legal framework that governs the current power-sharing arrangement, a prospect that international monitors warned would plunge the country into a legitimacy crisis.
Under the revised cabinet decision, the government will now limit its proposed amendments to Articles 1.2.5, 1.14, and 6.14. These specific articles relate to the technicalities of transitional governance, security arrangements, and the implementation of ceasefire provisions necessary to facilitate the 2026 electoral cycle.
The architect of the failed repeal, Justice Minister Michael Makuei Lueth, has come under intense scrutiny for what legal analysts describe as a "legal coup" attempt. In a legal opinion formalized in Council of Ministers Resolution No. 12/2026, Makuei characterized the peace accord as “originally defective” and advised the cabinet to unilaterally bypass the international oversight of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC).
Makuei argued that because "time is running out" for election tasks, the government should ignore RJMEC’s role in approving amendments. Critics labeled this the "Makuei Doctrine," arguing it was an act of "professional malpractice" that counseled the government to commit "institutional suicide" by destroying the very legal basis of its own authority. The R-ARCSS requires a specific three-step process for amendments: approval by the Council of Ministers, consent by the RJMEC, and ratification by the legislature. By attempting to "amputate" the oversight link, Makuei effectively signaled a desire to rule by decree.
The Western Squeeze
The administration’s reversal was not a voluntary shift in policy but a response to an unprecedented diplomatic offensive. On May 19, a broad coalition of 17 embassies—including those of the United States, United Kingdom, Norway, Canada, Japan, and Germany—joined the EU delegation in a rare unified statement. The coalition warned that unilateral changes to the peace deal violated both its "letter and spirit" and stripped the transitional government of its basis of legitimacy.
The diplomatic warning followed recent American action. On May 12, the U.S. Department of State announced targeted visa restrictions under Section 212(a)(3)(C) of the Immigration and Nationality Act. While State Department spokesperson Thomas “Tommy” Pigott did not publicly name the sanctioned individuals, the measures were aimed at members of the transitional government deemed responsible for undermining peace and engaging in corruption.
The U.S. also linked the political maneuvering in Juba to broader systemic issues, including the embezzlement of public funds. Investigative reports cited by the State Department alleged that corrupt entities, such as Crawford Capital, Ltd., siphoned money from the national treasury. Furthermore, the U.S. condemned military operations by the South Sudan People’s Defense Forces (SSPDF) in northern Jonglei State that displaced 300,000 people, creating conditions for potential famine.
The proposed amendments also triggered a domestic political firestorm. The Sudan People’s Liberation Movement-in-Opposition (SPLM-IO), led by Dr. Riek Machar, boycotted parliamentary proceedings in protest, claiming they were never consulted. The SPLM-IO argued the government’s move violated the consensus-based decision-making process required by the 2018 accord.
The internal rift is further complicated by the status of Riek Machar himself. The First Vice President was detained in March 2025 and subsequently suspended from office following allegations of involvement in violence in Nasir County. Machar currently faces treason charges before a special court, a situation international actors have cited as a major obstacle to inclusive dialogue.
The RJMEC, the primary watchdog for the peace deal, bolstered the opposition's stance. Interim Chairperson Maj. Gen. George Owinow warned that any amendments require the explicit consultation and consensus of all signatories, including the faction aligned with the detained Machar.
The final collapse of the government's gambit occurred on April 28, 2026. A planned joint sitting of the Transitional National Legislative Assembly and the Council of States to ratify the controversial amendments was "abruptly dropped" for "technical reasons."
In a moment of profound administrative absurdity, the legislature instead spent the day discussing the administrative status of Rumbek Senior Secondary School. The shift from amending the nation's supreme law to discussing a regional school's transfer was widely viewed as a public admission of the government's legal retreat under pressure. Parliamentary spokesperson Oliver Mori Benjamin could not explain why the item was removed despite prior clearance for debate.
The Road to December 2026
By retaining the supremacy clauses, the cabinet has temporarily averted a total collapse of the 2018 peace framework. However, the underlying tensions remain. The government’s insistence on moving forward with limited amendments suggests a push toward the December 2026 elections despite the lack of political consensus.
International donors remain skeptical. The Africa Bureau of the U.S. State Department recently dispatched Senior Official Nick Checker to Juba to demand "urgent steps" toward restoring peace and improving governance. For the Kiir administration, the retreat represents a realization that it cannot yet afford to govern without the "basis of legitimacy" provided by the 2018 agreement—or the international funding that accompanies it. With the opposition leadership largely sidelined and key security arrangements in flux, the path to the polls remains fraught with the same volatility the peace agreement was designed to suppress.
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