The Current Political Climate in South Sudan 31. South Sudan has entered a critical phase of its political transition following the National Elections Commission's announcement that general elections will be held on 22 December 2026. While the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) remains the agreed framework for the transition, persistent political tensions, insecurity, humanitarian challenges, and delays in implementing key reforms continue to undermine public confidence in the democratic process. The success of both the permanent constitution-making process and the elections will depend on ensuring that the rights of all South Sudanese, particularly those at risk of exclusion, are protected, and that citizens can freely and safely choose their leaders. 32. Transitional justice remains a key but largely unimplemented commitment under Chapter V of the Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). Although the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) were established by law in 2024, they are not yet fully operational, while the Hybrid Court for South Sudan (HCSS) has yet to be established. These delays have denied many victims of conflict including survivors of conflict-related sexual violence, unlawful killings, torture, and forced displacement, their rights to truth, justice, reparations, and guarantees of non-recurrence. 33. The African Union High-Level Ad Hoc Committee (AU C5), currently chaired by South Africa and comprising Algeria, Chad, Nigeria, and Rwanda, reaffirmed in its 15 February 2026 Declaration the need to accelerate implementation of the R-ARCSS through dialogue and peaceful engagement. The Committee further emphasized that sustainable peace, constitutional reform, and inclusive political participation are essential prerequisites for a credible democratic transition.18 34. Against this backdrop, the ongoing permanent constitution-making process provides a unique opportunity to strengthen constitutional guarantees relating to citizenship, equality before the law, non-discrimination, and the right to nationality. The constitutional review process should therefore explicitly safeguard every person's right to a nationality, prohibit arbitrary deprivation of nationality, and provide stronger protections against statelessness in accordance with international and regional human rights standards. 35. These constitutional guarantees are particularly important as South Sudan prepares for the December 2026 elections. Discussions surrounding voter registration, citizenship verification, and eligibility to participate in public affairs highlight the need for transparent, fair, and accessible nationality determination and documentation processes. No eligible South Sudanese citizen should be excluded from political participation because they lack identity documents resulting from conflict, displacement, administrative barriers, or weaknesses in the civil registration system. 18 African Union, ‘Declaration of the African Union High-Level Ad Hod Committee for South Sudan (c5) plus Summit on the margins of the 39th ordinary session of the Assembly of African Union Heads of State and Government’, February 2026, available at: https://www.peaceau.org/en/article/declaration-of-the-african-union-high-level-ad-hoc-committee-for-southsudan-c5-plus-summit-on-the-margins-of-39th-ordinary-session-of-the-assembly-of-african-union-heads-of-state-andgovernment-addis-ababa-ethiopia-15-february-2026. 6