STATEMENT BY H.E. LT. GEN. AUGOSTINO S.K. NJOROGE INTERIM CHAIRPERSON OF THE RECONSTITUTED JOINT MONITORING & EVALUATION COMMISSION TO THE 3rd RJMEC MONTHLY MEETING 1 Wednesday, 23 January 2019 JUBA, SOUTH SUDAN

Wednesday, 23 January 2019 16:33

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

1.    I would like to start by welcoming you to the third RJMEC monthly meeting, and to wish all of you a happy new year.

2.    We begin 2019 with our goals clear to us, and with the degree of consensus marked by the signing of the Revitalized Agreement enduring. What we must ensure we do is achieve our goals in a timely, transparent and cooperative manner.

3.  2019 is a year in which so much is expected for South Sudan. This year will see the end of the Pre–Transitional period, as well as the beginning of the Transitional period.

4.    These are major events, which if conducted as planned, will lay the foundations of the Revitalized Transitional Government of National Unity, and are critical milestones in the implementation of the Peace Agreement for South Sudan.

Excellencies, Ladies and Gentlemen;

5.    I will divide my statement broadly into three sections. In the first section I will address some issues that arose from the last Plenary, while in the second I will reflect on progress and challenges that are not covered in the first section. The statement will then close with my expectations for the coming period.

6.    There were some pressing issues identified at the last Plenary that I wish to elaborate on now.

7.    When we last met, we discussed the issue of the establishment of the Technical Boundaries Committee, the TBC, and the Independent Boundaries Commission, the IBC.

8.    I can now confirm that the Technical Boundaries Committee has been constituted and has begun its work. It is on a tight schedule, but at least its capable members are in place and have begun work.

9.    This is not yet the case for the Independent Boundaries Commission, and I therefore urge that the final nominations are made by the African Union C5. Ihave sent an official letter to the IGAD Special Envoy in this regard.

10.  In both cases, the timeframes are clear. These mechanisms begin their specified period of time from the moment of their establishment. According to the TBC Terms of Reference, endorsed by the IGAD Special Envoy, its 60 days period began on 9 January 2019.

11.  Next, the South Sudan Opposition Alliance. At the last Plenary, we discussed the issue of the split within the leadership of the SSOA. The approach taken by the RJMEC Secretariat has been to individually invite the different SSOA leaders for discussion with myself and my senior team, and two constructive consultations have taken place so far. 

12.  Once I have a full appreciation and understanding of the case, I will take it to the office of the IGAD Special Envoy for South Sudan, who will mediate. At the next Plenary meeting, I hope to have more information on this development. 

13. It should be made clear to all leaders of SSOA that what we have achieved so far must be well guarded, and that we must not let our unity of purpose fragment through absence of dialogue.

14. It is in the interests of the members of SSOA and the implementation of the Revitalized Peace Agreement for leaders of SSOA to maintain their unity and integrity to ensure the effective participation of their constituency in the political process.

15. Next, with regard to the National Constitutional Amendment Committee (NCAC). It was agreed that a sub–committee composed of the Parties to the Agreement (incumbent TGoNU, SPLM/A–IO, SSOA, FDs and OPP) be established to resolve a disagreement on the description of the system of government as provided for in Article 1(4) of the Transitional Constitution of the Republic of South Sudan (2011), as amended.

16. The contention was whether to describe the system of governance during the Pre–Transitional and Transitional periods as either ‘decentralized’ or ‘devolved.’ 

17. I am happy to report that the sub–committee met on Monday 21st January 2019 and arrived at a decision which will be tabled shortly for ratification. The committee concluded that the proper description of the system of government envisaged by the R–ARCSS for the Pre-Transitional and Transitional Periods remain a decentralized system with an explicit obligation on the Revitalized TGoNU to devolve more powers and resources to the States and lower levels of government.

18. Finally, an update on reaching out to the non–signatories, as was mentioned at the last Plenary. The IGAD Special Envoy has met with General Thomas Cirilo of the National Salvation Front on a few occasions, and he has also met with General Paul Malong of the South Sudan United Front. There is no particular outcome to report yet; however, I have requested that the Special Envoy provide me with the latest update on the way forward on this matter.

19. I am concerned to learn from CTSAMVM’s report from their sixth Technical Meeting, which was published yesterday, that General Thomas Cirilo is not observing the terms of the Cessation of Hostilities Agreement that he signed in December 2017. I urge General Cirilo to reconsider his decision not to join the Revitalized Peace Agreement, and I call on him to engage constructively in the political process. Furthermore, I urge all Parties to observe the permanent ceasefire.

Excellencies, Ladies and Gentlemen;

20. I will now move along to the second part of my statement, reflections on developments since the last Plenary.

21. When we met last in December, we reflected on the pace and momentum that we had. Now that we have just gone past the half–way mark of the Pre–Transitional period, it is fair to assess where this pace and momentum has taken us because with progress comes expectations.

22. To start with, the National Pre–Transitional Committee (NPTC). I thank Honourable Minister Lomuro for the meeting we held together since the last Plenary. I am pleased to say the NPTC’s commendable support to the representatives of the opposition parties returning to Juba, both in terms of transportation, security clearance and accommodation, continues.

23. I thank the NPTC for sending me their report, and I commend them for their regular schedule of meetings. I note with concern that not all the essential funds pledged have been released, but I am encouraged to learn that the budgets and workplans for the Agreement institutions and mechanisms have been received. We will hear the NPTC report shortly.  

24. Most of the Agreement institutions and mechanisms have been reconstituted or established and are operational.  However, the IBC and the Disarmament, Demobilization and Reintegration (DDR) Commission are yet to be established and reconstituted respectively. 

25. Under Article 2.4.9 of the Agreement, the DDR Commission should be reconstituted within 30 days following the signing of the R-ARCSS. I urge the NPTC and the incumbent TGONU to be seized of this matter and expedite its reconstitution.

26. I would like to express to all Chairpersons of the Agreement institutions and mechanisms that meetings should produce detailed, realistic, and implementable work plans, which should be operationalized as a matter of urgency.

27.  I understand from the NCAC that they have made good progress with reviewing the security laws, and we will hear more from the NCAC Chairman shortly. 

28. I was encouraged by the Joint Defence Board's decision last week to visit and assess potential sites for pilot cantonments in Yei, Panyume and Moroto. I would like to hear more about the outcomes of the JDB visit, as well as progress made so far by all security mechanisms in their work.

29. However, I am unhappy to hear of field commanders who continue to obstruct verification of forces by CTSAMVM as required by the Permanent Ceasefire and Transitional Security Arrangements.

30. The JDB is the supreme organ responsible for spearheading the transitional security institutions and mechanisms, and I expect the JDB to take strong action against commanders who impede the process of verification of troops and the work of CTSAMVM.

Excellencies, Ladies and Gentlemen;

31. There is a common refrain from a range of Agreement institutions and mechanisms, which relates to lack of funding. While I sympathize, I reiterate the point I made in my last statement.

32. That is: it is the NPTC and the incumbent TGoNU who should take the lead in mobilizing all requisite resources for implementation, establish effective mechanisms for disbursing funds, and support the other mechanisms of the Agreement to carry out their tasks without delay.

33. Meanwhile, we continue our outreach to the donor community in the search for funds to support implementation, and we reiterate our heartfelt thanks for those who have already made contributions, be it financially or in–kind.

34. There can never be enough funds, so I can only counsel to do what you can with what you have while additional support is sought. This country and its people have shown great resilience over the years. This resolve will help negotiate the challenges of the coming period.

35. However, I would call on the government to provide funding from its meagre resources to facilitate implementation of the peace agreement, especially for the transitional security mechanisms.

 Excellencies, Ladies and Gentlemen;

36. There are two issues of utmost importance I wish to highlight. Firstly, the cases of alleged rapes in Bentiu. The outcome of the investigations needs reporting clearly and publicly. The passing of time does not lessen the pain of the crimes alleged, nor does it diminish the injustice in our collective memories.  

37. The Republican Order 25/2018, which set up the investigation into this case, was issued on 19 December 2018, and allowed up to 21 working days to report back to the President, H.E. Salva Kiir Mayardit. Therefore, we judge that the report is due imminently. We therefore expect to hear the outcomes of this investigation as soon as possible.

38. I am dismayed to hear that more reports of rape have recently come to light from just outside Bentiu. They are alleged to have taken place on 7 January 2019. The CTSAMVM chairman will cover this in his report today. 

39. Secondly, the denial of access for CTSAMVM. We can only evaluate and assess progress in implementation through the flow of information and the objective verification of reported incidents, and so CTSAMVM needs unrestricted access.

40. We note that a Monitoring and Verification Team (MVT) was blocked on 8 January by the National Security Service at the Luri checkpoint when attempting to visit Gorom to complete the investigation on the reported incident in Tishoro on 3 January.

41. By the same token, an MVT was blocked on 9 January by an IO commander around Leer when attempting the verification of a SPLM/A–IO Brigade. Neither of these access denial examples is acceptable.

42. Worse still is the appalling and disturbing incident which took place in Luri on 18 December 2018, which greatly surpassed the act of access denial and raised very serious questions.

43.  Despite my request and reminders to the incumbent TGoNU, we at RJMEC have not received a response. This is a matter of great concern, and should be given high priority. Action is needed and I call upon the investigators to report their findings and let justice take its course in a full and transparent manner.

Excellencies, Ladies and Gentlemen;

44. In the area of humanitarian affairs, the UN and its partners have released the Humanitarian Response Plan for 2019. It shows that an estimated 7.1 million people will be in need of humanitarian assistance in 2019. However, on a positive note, OCHA reports fewer access impediments in December, compared to the previous months. I hope this trend of decline continues.  

45.  I am made to understand that the meetings of the Humanitarian High–Level Oversight Committee as established by the 2016 Presidential Decree 23, and the Humanitarian Coordination Forum, have not taken place for some time now. I suggest that they are resumed as soon as possible.  

46. In regard to the economy, I am pleased to report that improved management of oil revenues has contributed to increased economic stability. The financial framework for the current budget year has been designed to avoid deficits and keep public expenditure stable, even in the event of a large decline in the oil price. 

47. Non–oil revenues account for a quarter of total revenues in the present budget, and I welcome the significant improvements in revenue collection reported by Customs. Increased non–oil revenues will make public finances more resilient to volatile oil prices.

Excellencies, Ladies and Gentlemen;

48. I would like to include a word on gender mainstreaming. I understand that there have been struggles in meeting the required quotas of women in the Agreement institutions and mechanisms.

49. In many cases, the numbers fall well below what is required by the Revitalized Agreement. This is chiefly a problem with the Parties to the agreement; civil society has shown itself more able to meet this requirement. However, including gender expertise and perspective in the work of the agreement institutions and mechanisms is still possible even if not enough women are represented. 

50. I would observe that there are indeed women in the political parties that make up the Parties to this agreement. So, looking to the future, the Parties should promote the inclusion and meaningful participation of women at the policy and decision-making level through longer term capacity building.

51. I would like to add that the RJMEC Secretariat is developing a proposal for reconstituting the JMEC Working Committees that were employed to good effect during the previous agreement. Doing so will enhance our ability to conduct oversight of the Agreement’s implementation in an inclusive and participatory manner.

Excellencies, Ladies and Gentlemen;

52. Beyond the reporting and action on the investigations into the cases just mentioned in Bentiu and Luri, my expectations for the coming period are as follows.

53. I expect that the work of the security institutions and mechanisms will quickly gather momentum, and that practical steps shall be taken to expedite the disengagement, cantonment and unification of forces.

54. It is very important that all the armed forces of South Sudan are unified. With the rapid approach of the Transitional period, their unification will be a decisive milestone for this agreement, which is why no effort should be spared in achieving this.

55. I also expect the establishment and reconstitution of pending institutions and mechanisms without further delay, namely the DDR Commission and the IBC. 

56. I expect full observation and compliance with the permanent ceasefire, leading to an improvement in the security situation throughout the country to facilitate the return of refugees and internally displaced persons.

57. Finally, I expect that the incumbent TGoNU, with the support from our regional and international partners, will provide whatever resources that can be made available to support the uninterrupted implementation of the Agreement.

58. I wish all of us fruitful deliberations today, and I look forward to a progressive 2019. 

 

 

59. I thank you.