[Congressional Record Volume 167, Number 121 (Monday, July 12, 2021)]
[Senate]
[Pages S4823-S4824]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    TENTH ANNIVERSARY OF SOUTH SUDAN

  Mr. MENENDEZ. Mr. President, I rise today to acknowledge the 10th 
anniversary of South Sudan's independence. July 9 is a bittersweet day 
for the resilient people of South Sudan. For decades, South Sudanese 
fought a brutal war with the government in Khartoum in which 2 million 
people lost their lives. After decades of bloody struggle, the parties 
to the conflict signed the 2005 Comprehensive Peace Agreement, CPA, 
which provided for self-determination for the South and paved the way 
for South Sudan's independence in 2011, with the diplomatic support of 
the United States and others in the international community.
  Yet the promise of South Sudan's independence has turned into 
tragedy. Deep fault lines that emerged during the country's long 
struggle for independence, accentuated by rivalry and rent seeking 
among the country's corrupt political elite, brought about catastrophe. 
A little over 2 years after independence, 400,000 people were killed 
and more than 4 million were displaced during the 5-year civil war 
between forces loyal President Salva Kiir against those aligned with 
Vice-President Riek Machar. Unspeakable atrocities were committed 
against civilians during the conflict, including women and children. In 
2017, the war induced a famine that brought hundreds of thousands more 
to the brink of disaster.
  The United States and its international partners have invested 
heavily in diplomatic efforts to support and end to the conflict in 
South Sudan. Despite failed cease-fire agreements and the intransigence 
of the warring parties, in 2018 regional leaders working through the 
InterGovernmental Authority on Development, IGAD, were finally able to 
obtain agreement on what was called the Revitalized Agreement on the 
Resolution of Conflict in South Sudan, R-ARCSS. Although far from 
ideal, the agreement lays out a framework for a peaceful resolution of 
the conflict, political reform, and democratic transition.
  But implementation of the agreement remains slow, and South Sudan 
sits at a very dangerous crossroad. Responsible parties have failed to 
implement major provisions of the R-ARCSS, including those on power-
sharing, constitutional development, security sector reform, economic 
issues, and transitional justice, or have reneged on their commitments. 
Nonsignatories to the R-ARCSS continue to wage an active insurgency, 
particularly in Equatoria. Locally rooted communal violence is also 
rampant, fueled by the invisible hand of rival national political 
elites. Kiir's security apparatus continues to violate the human, 
civil, and political rights of the South Sudanese people. Overlaying 
all of these problems is an urgent humanitarian crisis--driven by 
conflict induced food insecurity, displacement, and COVID-19--made all 
the more worse by longstanding efforts by the Government of South Sudan 
to undercut humanitarian access.
  It is clear that South Sudan's stalled peace process needs a reboot. 
The lack of progress on implementation of the R-ARCSS has created 
significant concern about elections now slated for 2022--if they are 
even held. And if they are held, without prior implementation of core 
components of the agreement and other key actions, the polls could be a 
flash point for conflict and violence.
  In order to prevent this outcome, South Sudanese leadership, the 
United States, and international partners must take urgent action.
  Political leadership in Juba must immediately organize a process for 
robust and inclusive negotiations over a new constitution in a process 
that involves all South Sudanese stakeholders, including civil society 
and holdout rebel groups. While I would not presume to dictate what the 
South Sudanese people themselves might decide, it seems to me that 
devolution of power from the national government to the states and 
local administration, and genuine power-sharing at the national level 
are necessary ingredients to avoid the winner-take-all calculus that 
has served as an incentive to take and hold on to central power at any 
cost.
  Regional neighbors must act as well. Ongoing instability in East 
Africa, including the war in Tigray, a fragile transition in Sudan, and 
political turmoil in Somalia, has distracted regional actors who 
traditionally engage

[[Page S4824]]

on South Sudan issues. This must change. Capitols in Africa, working 
through the African Union, AU, and IGAD, must ensure that peace in 
South Sudan is at the top of the agenda for policymakers. Working with 
the Europeans and other partners, the United States should actively 
support the efforts of the African stakeholders to rehabilitate South 
Sudan's broken peace process.
  The United States also has a prominent role to play. The relationship 
between South Sudan and the United States runs deep. For decades the 
United States has been the leading donor to South Sudan, including 
major contributions from U.S. civil society. U.S. diplomacy has long 
supported the South Sudanese cause and was critical to the signing of 
the CPA. After independence, the United States remained firmly engaged 
in supporting South Sudan, both through its bilateral engagement and 
participation in the Troika. That tradition must continue and there is 
no time to waste. I encourage the Biden administration to take four 
steps:
  First, appoint an experienced Ambassador to South Sudan, someone who 
has served as an Ambassador in the region who is familiar with the 
history of the relationship.
  Second, the administration should pursue additional bilateral and 
multilateral sanctions on South Sudanese political actors where needed, 
including on those who obstruct the delivery of humanitarian aid. In 
that same vein, it should support the continuation of the U.N. arms 
embargo and regularly name parties that violate the embargo and hold 
them accountable.
  Third, the corruption that has long fueled South Sudan's political 
crisis must be confronted head on. The United States and its partners 
must demand full transparency from the Government of South Sudan on its 
oil accounts: the international community must know what revenue is 
coming in and what expenditures are being made. Kiir's foot-dragging on 
public financial management has persisted for years; it is well past 
time that Juba face consequences. The United States must use its voice 
and vote at international financial institutions to oppose all budget 
support to the Government of South Sudan and urge an end to all 
programs that do not directly benefit the health and welfare of the 
South Sudanese people until and unless the government is willing to 
open its books to donors and, more importantly, the South Sudanese 
people.
  Finally, ending the cycle of conflict and despair in South Sudan will 
require accountability for past crimes and atrocities. The lesson of 8 
years of conflict in South Sudan is that progress is impossible in a 
climate of impunity. Yet, despite support to the AU Hybrid Court for 
South Sudan from the United States and other donors, the AU has failed 
to fulfill its responsibilities, and the Hybrid Court remains in limbo. 
Justice delayed is justice denied. With our allies in tow, the Biden 
administration must make clear to relevant stakeholders at the AU and 
in Juba that further delay on the issue of transitional justice is 
unacceptable. If these parties do not act, the Biden administration 
should work with allies to pursue alternative justice and 
accountability mechanisms.
  Mr. President, I congratulate the people of South Sudan on this 
milestone. Their independence was hard won. I only wish their leaders 
had treated them better. At this critical moment, the United States 
must stand with all South Sudanese in their pursuit of justice, 
democracy, and equitable development.

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