A resolution reiterating United States support for the people of the Republic of South Sudan in their quest for lasting peace, stability, and democracy after 10 years of independence and calling for a review of United States policy toward South Sudan.

Mr. President, on January 6, 2022, I made a statement about the extreme hardships and insecurity that are a daily reality for the people

of South Sudan, despite independence 10 years ago that held so much promise and hope for that country. That independence came as a result of the Comprehensive Peace Agreement, which took years of negotiations facilitated by the United States, Norway, and the United Kingdom, and it provided a roadmap for political stability, economic development, respect for human rights, and justice.

Since then, two former warlords, President Kiir and Vice President Machar, who were never elected, have dominated the political landscape in South Sudan. It is they, throughout these critically important formative years, who have had the executive power and the responsibility to transform the aspirations of independence into tangible improvements in the lives of their people. Ten years later, it is fair to ask a simple question: What have they done?

I would answer that question with these questions:

After ten years, is South Sudan a country at peace where

the rights of the people are respected and their basic needs,

such as safe water, sanitation, food, shelter, and health

care are being met?

Has South Sudan's vast oil wealth been invested wisely in

public infrastructure such as schools, hospitals, public

transportation, roads, and bridges after decades of civil

war?

Is the country's agricultural economy expanding and

reaching new markets?

Are children in school and are teachers receiving a decent

salary?

Are South Sudan's youth, who make up a majority of the

population, able to find jobs?

Do the security forces have the training, equipment, food,

and barracks they need to maintain the peace, and are

soldiers and officers receiving adequate pay?

Are government ministries led and staffed by trained and

honest professionals?

Is the Parliament defending the people's interests?

Is the judiciary independent, and the courts accessible and

trusted by the people? Have those who committed crimes

against humanity and other gross violations of human rights

been prosecuted and punished?

Have the many thousands of South Sudanese refugees and

internally displaced been able to return home to rebuild

their lives?

Is civic space being protected so civil society activists

and independent journalists can function without fear of

harassment or threats?

Has the necessary work been done to create the conditions

for transparent, free, and fair elections in which candidates

from all political parties can participate?

Has sustained progress been made in any of these areas?

I think the answers are obvious, and the people of South Sudan know the answers. Despite billions of dollars in international aid and billions of dollars in oil revenues, the government of South Sudan has failed every test.

Today, South Sudan ranks as among the world's most corrupt country and, despite its oil wealth, one of the hungriest country in the world.

We should remember that the Republic of South Sudan would not exist were it not for the sacrifice of millions of South Sudanese who gave their lives in the fight for independence. But it is also a fact that had it not been for the support of the United States, South Sudan would not be a Republic today.

I have been a U.S. Senator for 47 years, so I remember when South Sudan existed only in people's dreams. I remember when John Garang would visit the U.S. Congress seeking support. He was an inspiring leader, and we supported him. I supported him. And we welcomed South Sudan's hard-fought independence.

But since John Garang's tragic death in 2005, we have seen how greed and personal ambition can thwart the aspirations of an entire population.

The January 21 response of the office of the President of the Republic of South Sudan to my statement of January 6 was as revealing as it was predictable.

The office of the President accuses me of calling for ``regime change through uprising and violence.'' Anyone who read my statement, as the author of that accusation surely did, knows it to be absurd on its face. There is not a single word in my statement that remotely suggests what the office of the President accuses me of. Their resort to fabrication and intimidation is the all-too-common tactic of governments to deflect attention from their own failures. We have seen it even in our own country.

The people of South Sudan have experienced far too much war, far too much violence, far too much displacement, far too much insecurity, and far too much hunger and misery. The last thing they need or want is more violence, and nothing I have said would suggest otherwise.

There are countless examples. Just a few days ago, on January 23, 5 kilometers from Bor, the capital of Jonglei State, armed militia reportedly slaughtered 35 and injured 17 civilians, including women and children. Property was looted, and huts were burned down. The people of South Sudan know too well that these violent acts are orchestrated or condoned by the country's leaders. In a letter dated November 25, 2020, addressed to the President of the U.N. Security Council from the Panel of Experts on South Sudan, they reported the following:

Political and security disputes within President Kiir's

coalition have contributed to conflicts that have killed and

displaced civilians in Jonglei and the Greater Pibor

Administrative Area. Rival factions within the Government

supplied weapons to various ethnic militias from the

Government's stockpile. Between May and August, eight

humanitarian staff were killed, humanitarian facilities were

looted and destroyed, and thousands of civilians were

displaced at a time of widespread flooding in Jonglei and the

Greater Pibor Administrative Area.

The killings on January 23 were part of the same pattern, yet those who bear responsibility for these attacks accuse advocates for peaceful change of promoting violence.

Rather than falsely accuse me and South Sudanese civil society organizations that have repeatedly demonstrated their commitment to non-violence, the government should put a stop to these attacks and ask itself the questions I have posed.

It should also reflect on the fact that U.S. S. Res. 380 passed unanimously, with the support of 100 U.S. Senators, Democrats and Republicans, less than 2 months ago. I remind the office of the President what we said:

Whereas despite years of fighting, widespread suffering of

South Sudanese civilians, punitive actions by the

international community, and 2 peace agreements, the leaders

of South Sudan have failed to build sustainable peace, and

critical provisions of the Revitalized Agreement on the

Resolution of the Conflict [R-ARCSS] . . . remain

unimplemented;

Whereas the leaders of South Sudan have consistently failed

to uphold their responsibilities to create the conditions for

peace and prosperity, have prioritized self-preservation and

corruption over the needs of the people they represent, have

acted in bad faith in the implementation of cease fire and

peace agreements, and have betrayed the cause of freedom,

resulting in the loss of millions of lives; and

Whereas South Sudan has not held an election since its

independence and the current leaders of South Sudan were

appointed or installed through transitional arrangements

based on peace agreements.

That Resolution also urged the U.S. Secretary of the Treasury:

(A) to prioritize investigations into illicit financial

flows fueling violence in South Sudan;

(B) to work with the Secretary of State to update, on a

regular basis, the list of individuals and entities

designated under the South Sudan sanctions program, including

individuals at the highest levels of leadership in South

Sudan and from within the National Security Service; and

(C) to coordinate, in cooperation with the Secretary of

State, with the United Kingdom and the European Union on

South Sudan-related sanctions designations and enforcement.

So rather than make up falsehoods about those asking such questions, including me, the People's Coalition for Civil Action, and other South Sudanese activists and organizations that want nothing more than for the promise of the R-ARCSS to be realized so the people of South Sudan can enjoy the security and prosperity they are entitled to, I urge President Kiir and Vice President Machar to put their country first.

Rather than falsely accusing others of violence or resorting to provocations to create a pretext for persecuting and silencing them, they should listen to them. They should listen to the voices of the people, expressed in the National Dialogue, that South Sudan needs a new beginning.

Rather than claim to have taken significant steps to put South Sudan's failing economy on a solid footing, which fools no one, they should open up the government's books so people can see the receipts and expenditures.

Rather than hide behind the R-ARCSS to preserve the status quo, they should implement it in letter and spirit, including by unifying rival security

forces, by promulgating a new constitution, and by opening up the political space in the country.

Rather than make excuses to delay elections as they have repeatedly done before, they should set a date, in accordance with the R-ARCSS, for national and Parliamentary elections, and they should support a roadmap for creating the necessary conditions for the refugees to return and for multiparty democratic elections to succeed with the support of the army. And without delay, they should declare their unconditional commitment not to contest the next election and to relinquish power as soon as South Sudan's newly elected leaders take office.

The sad reality is that while the South Sudanese people won their independence from Sudan, they remain captives of the same ruthless and corrupt warlords who created so much ethnic conflict, bloodshed, and misery during the civil war and who have not been held accountable.

They simply reinvented themselves as political leaders, with a stamp of legitimacy from the international community, while continuing to act like the warlords they are and always were.

They have shown no interest in implementing the R-ARCSS or any other peace agreement.

They have shown no interest in the welfare of their people.

They have shown no interest in anything except holding onto power, avoiding justice, and enriching themselves.

It is time to listen to the people of South Sudan and for the United States to reassess its policy toward South Sudan. The White House and the State Department need to recognize that the status quo in South Sudan has been a dead end for years and consult with Congress on a new way forward. As a first step, the U.S. should use the authorities that already exist, including the Global Magnitsky Act, to sanction key officials in South Sudan's National Security Service, which has long functioned as a criminal enterprise that engages in extrajudicial killings, arbitrary detention, torture, and other heinous crimes.

Real peace requires justice, and it requires respect for fundamental rights regardless of ethnicity, race, or religion. It requires free and fair elections and equitable economic development. These should be at the heart of our policy.

Mr. President, several months ago, I spoke of the hope we all felt that after decades of civil war, famine, and political turmoil, after millions were killed and millions more became refugees including thousands of ``lost boys'' and ``lost girls,'' South Sudan's independence and a peace agreement would be the beginning of a period of lasting stability and progress.

Regrettably, what has unfolded since then is the antithesis of stability or

progress. The past decade has been plagued by continued ethnic violence, widespread hunger, and ongoing disputes between rival politicians who have been motivated by their own personal ambitions rather than building a democratic country or improving the lives of the South Sudanese people. Two individuals, President Salva Kiir and First Vice President Riek Machar, are primarily to blame for fueling tensions and mobilizing support along ethnic lines and for failing in their responsibility to invest in public infrastructure, basic services, and the institutions of a multi-party democracy. The country remains divided, violent, and impoverished. The Parliament is nothing more than a hand-picked rubberstamp.

In S. Res. 380, which passed unanimously on December 9, 2021, we recounted the failure of leadership that continues to plague South Sudan. We said:

Whereas despite years of fighting, widespread suffering of

South Sudanese civilians, punitive actions by the

international community, and 2 peace agreements, the leaders

of South Sudan have failed to build sustainable peace, and

critical provisions of the Revitalized Agreement on the

Resolution of the Conflict [R-ARCSS] . . . remain

unimplemented;

Whereas the leaders of South Sudan have consistently failed

to uphold their responsibilities to create the conditions for

peace and prosperity, have prioritized self-preservation and

corruption over the needs of the people they represent, have

acted in bad faith in the implementation of cease fire and

peace agreements, and have betrayed the cause of freedom,

resulting in the loss of millions of lives; and

Whereas South Sudan has not held an election since its

independence and the current leaders of South Sudan were

appointed or installed through transitional arrangements

based on peace agreements.

The people of South Sudan deserve better. Their children are hungry. They live in constant fear that the country will again erupt into civil war, and they will be forced to flee their homes yet again. It is a travesty that, despite billions of dollars in international aid, oil revenues, and black market loans, so little has been accomplished due to the whims and greed of two politicians. Where did all that money go, when the government does not pay teachers, or health workers, diplomats, or war veterans, or build schools, health clinics, housing, or roads, or otherwise address the basic needs of the people of South Sudan? Where did the money go when the government does nothing to protect its citizens and their livestock from drowning from the yearly flooding of the Nile River? Does anyone doubt that it ended up in secret bank accounts or to purchase properties far away from South Sudan?

I have spoken before of the People's Coalition for Civil Action-- PCCA--a pro-democracy civil rights movement that seeks to mobilize the people of South Sudan in their pursuit of peaceful political change, which is their right. The PCCA and similar peaceful organizations represent a rejection of war, corruption, insecurity, and poverty. They are calling for new, honest, and capable leadership that is committed to improving the lives of their people, to providing stability and security, rather than self-enrichment.

I note that S. Res. 380 calls on the Secretary of State to ``lead a comprehensive interagency process to develop a revitalized United States policy toward South Sudan that . . . identifies South Sudanese political and civilian stakeholders, beyond President Kiir and First Vice President Machar, with whom the United States may work for the promotion of peace, democracy, development, accountability, transparency, and anti-corruption efforts.'' Supporting the PCCA would be a good place to start.

How has President Kiir responded to this praiseworthy demand for nothing more than that he and Vice President Machar keep their promise to lead the country out of poverty? Several of the PCCA's leaders have been arrested. Others live in exile, fearing that they too would be jailed if they return home.

I think of Abraham Awolich, one of the lost boys. One of his brothers was killed fighting for the liberation of South Sudan, and Abraham nearly died himself for the same cause, but he was fortunate to be educated in a refugee camp in Kenya and resettled in my State of Vermont, where he graduated from the university. He is one of the dedicated leaders of the PCCA who have called for free and fair elections so the country can finally have new leadership and leave behind a generation of corruption, violence, and misery. Abraham left the comfort of living in America and chose to go back to South Sudan to help build a new democratic society, but he has had to flee his country, and his assets have been frozen for speaking out and standing up for democracy and civil rights. This is wrong.

Others who are in jail for their peaceful advocacy are Kuel Aguer Kuel, Pastor Abraham Chol Maketh, Malik Angok, and Fadhia Ngor. Rajab Mohandis, Wani Michael, Joseph Akol Makeer, and Jame David Kolok are on the run for the same reason, their assets also frozen. Other advocacy organizations the government has targeted besides the PCCA include the Organization for Responsive Governance, the Okay Africa Foundation, and the Foundation for Democracy and Accountable Governance.

These individuals and organizations deserve and need our support.

I urge the South Sudanese authorities to release Kuel Aguer Kuel and all the political prisoners mentioned so they can begin this new year with their families. The government should also unfreeze the assets of the individuals and organizations affected and issue a public statement revoking any further threats against them and their organizations.

The repressive actions of the South Sudanese Government should outrage each of us, especially considering the billions of dollars American taxpayers contributed to secure South Sudan's independence and put the country on a path to a prosperous future. President Kiir and Vice President Machar have a duty to provide the political and civic space for their people to exercise their rights of free expression, association, and assembly and to petition for free and fair elections and for honest and competent governance.

Ever since independence 10 years ago, the people of South Sudan have struggled to survive under the suffocating oppression of the same two disgraced leaders. President Kiir and Vice President Machar have an opportunity to show real statesmanship, but time is running out. They should listen to the voices of their people expressed through the National Dialogue and step aside and give South Sudan a new beginning. The two could end the unrest in South Sudan with a public declaration of their intention not to contest the next election. Rather than delay elections as they have done repeatedly before, President Kiir and Vice President Machar should set a date for national and Parliamentary elections, in accordance with the R-ARCSS, and declare their unconditional commitment to relinquish power as soon as South Sudan's new leaders are sworn in.

In acting on this advice, President Kiir and Vice President Machar would receive international support for an honorable exit from power. Ignoring this advice, however, would result in further condemnation and consequences from the United States and the rest of the international community.

The text of S. Res. 380 bears repeating, because it identifies some, but by no means all, of the consequences that could result. It ``urges the Secretary of the Treasury--

(A) to prioritize investigations into illicit financial

flows fueling violence in South Sudan;

(B) to work with the Secretary of State to update, on a

regular basis, the list of individuals and entities

designated under the South Sudan sanctions program, including

individuals at the highest levels of leadership in South

Sudan and from within the National Security Service; and

(C) to coordinate, in cooperation with the Secretary of

State, with the United Kingdom and the European Union on

South Sudan-related sanctions designations and enforcement.''

What has befallen the people of South Sudan in the 10 years since independence is a travesty. Their dreams of a better future have been crushed. Their rights have been trampled. Many have paid with their lives or their freedom. Their government has become a subject of ridicule by the same international donors that staked so much on the good faith of leaders who have failed them.

Time has run out for President Kiir and Vice President Machar. The patience of the South Sudanese people

has run out. The tolerance of the international community has run out. They have squandered and abused their authority for far too long. They would be well-advised to stand aside so that others, chosen in a free and fair election, can begin the process of uniting and rebuilding the country. To that end, the United States can work with regional allies, Canada, Norway, the UK, other European nations, and church leaders to achieve a democratic and peaceful solution in South Sudan.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 160, S. Res. 380.

I ask unanimous consent that the committee-reported substitute amendment to the resolution be agreed to.

I know of no further debate on the resolution, as amended.

I ask unanimous consent that the committee-reported amendment to the preamble be agreed to; that the preamble, as amended, be agreed to; and that the motions to reconsider be considered made and laid upon the table.