ST A TEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 15th RJMEC MONTHLY MEETING Thursday, 26 November 2020 Juba, South Sudan

Thursday, 26 November 2020 14:21

Honourable Ministers,
Excellencies,
Distinguished Ladies and Gentlemen,

Good morning.

  1. Since our last meeting, I have held numerous consultations with the Parties to the Agreement, IGAD Regional Guarantors and the International Community to discuss the status of implementation of the R-ARCSS. I also had the opportunity to meet the IGAD Chairperson, H.E. Abdalla Hamdok, Prime Minister of the Republic of Sudan, where we discussed recent developments and challenges to the implementation of the Agreement. The IGAD Chairperson took note of the progress made so far, and expressed his support for RJMEC efforts in ensuring focused and impartial monitoring and evaluation of the implementation of the Agreement. Overall, it is clear that a lot of work remains to be done.

  2. Therefore, in my statement today, I will highlight the key issues regarding the status of implementation of the Revitalised Peace Agreement since our last monthly meeting, including some recurring challenges, and I will then conclude with my recommendations on the way forward.

    Excellencies, Ladies and Gentlemen,

  1. Firstly, on governance. I take note of some progress that has been reported, particularly on the efforts by the inter-party ‘High-Level Committee for the Establishment of State and Local Government Structures and Responsibility Sharing’ in negotiating various positions at the sub-national level. I urge the Parties to fill all the various positions that have already been agreed upon and resolve the outstanding ones.

  2. In addition, the appointment of the governor of Upper Nile State remains outstanding. I have been informedon numerous occasions that negotiations between the concerned parties are ongoing. I therefore reiterate my previous appeals to the highest political leadership of the country to find compromise and appoint the governor of Upper Nile state. I am hopeful this will help address the instability in the state. The other key outstanding governance tasks include expansion and reconstitution of the Transitional National Legislative Assembly (TNLA) and reconstitution of the Council of States – two critical legislative institutions of government. Establishing and staffing the entire RTGoNU structures and making them operational will enhance the normal functioning of government at all levels. I would like also to urge the Parties to observe the 35% level of women’s representation throughout the establishment and reconstitution of Government structures.

  3. 5.Furthermore, the restructuring or reconstitution of the Commissions and Institutions provided for in the Agreement (Article 1.19) is behind schedule, in particular the Anti-Corruption Commission, the Judicial Service Commission and the National Audit Chamber. Once restructured or reconstituted, these Institutions and Commissions will promote accountability and transparency at all levels of Government. I expect to hear from the RTGoNU the progress on this matter.

  1. With regards to the chapter on the Permanent Ceasefire and Transitional Security Arrangements, my previous statement raised the issue that the unification of forces and their reorganisation into the Necessary Unified Forces (NUF), aPre-Transitional task carried forward to the Transitional Period, was behind schedule. Though I understand that there are efforts on the part of the Joint Defence Board (JDB) and the Joint Transitional Security Committee (JTSC) to graduate and redeploy unified forces from some training centres in the Equatorias, I would like to hear the plans from the JDB on graduation and redeployment of all trained unified forces.

  2. Furthermore, key questions remain as to command structures and ranks,which will require considerable reorganisation to be accommodated in the unified forces. I also expect to hear from the JDB this morning about progress in this area. The situation in both training centres and the cantonment sites continues to be of serious concern, with more recent reports from CTSAMVM indicating that food, medicines and other essential resources remain in scarce supply, resulting in some ex-combatants abandoning cantonment sites and training centres. I urge the RTGoNU to avail the adequate funding, and commit to driving the implementation of the Transitional Security Arrangements (TSA) forward at a faster pace.

  3. 8. On the issue of Sexual and Gender Based Violence (SGBV), I was pleased to note that a workshop for the SSPDF training of trainers on conflict related Gender based and sexual violence was conducted in October as part of the SSPDF Action Plan on “Addressing Conflict-Related Sexual Violence.” It is expected that the new trainees will now be able to impart the knowledge acquired to the rest of the SSPDF forces and this capacity to be further increased. I urge the JDB to follow this matter and report in the next monthly meeting on the progress. Other organised forces are also urged to do likewise.

  4. 9. Regarding the inclusion of the holdout groups into the peace process, I can report that the CTSAMVM Technical Workshop was conducted from 9 – 13 November in Rome, Italy. Its aim was to implement the Rome Resolution for the inclusion of South Sudan Opposition Movement Alliance (SSOMA) into CTSAMVM structures. I expect CTSAMVM to provide more details. I urge the concerned parties to make the most of this opportunity for peace, commit to their fullest in letter and spirit, and observe all the required timelines. I am encouraged that the parties will continue their engagement next week in Rome.

  5. 10. Disarmament, demobilisation and reintegration (DDR) for ex- combatants remains an integral part of the unification process. I welcome the technical support and assistance currently being provided by UNDP and UNMISS to the DDR Commission. However, it continues to face severe challenges which need to be addressed, and I expect to hear more on this matter from the DDR Commission. The DDR process has to go hand in hand with the unification process to train and provide alternative means of livelihood to ex-combatants that are not eligible to join the unified force.

  6. 11. It is concerning to note that community-based violence has continued since our last meeting, notably in Jonglei and Warrap. I urge the government and other stakeholders to continue their efforts in addressing sub-national conflicts through dialogue. Accordingly, I was encouraged to learn of a workshop entitled “Addressing the national security threat of armed communal violence” which was convened by the SDSR Board on the 14 and 15 October. I see this as a positive initiative, among others, in reducing levels of community-based violence in the country, the threat of which I hope none of us underestimates.

  7. 12. On the issue of defections. On 1 October, I released a statement to the press in which I said that “whether it is referred to as ‘defection’ or ‘change of allegiance’, the important point is that the Revitalised Peace Agreement in South Sudan has made commendable progress in the past two years since its signing and this must not be allowed to weaken because of instability caused by defections or accepting defections, which is contrary to the letter and spirit of the Agreement.” I am concerned by recent reports of military defections. This undermines trust and confidence in the peace process. I expect that all Parties to the Agreement view this issue with the seriousness it merits, because any action, including defections, by any party, individuals or groups detracts from the important work of peacebuilding in the country and should be condemned.

  8. 13. Resolution 9 of our last meeting requested the Parties to provide a report to RJMEC on demilitarisation of civilian areas, collection of heavy weapons, and location of forces, size and equipment. I expect to hear an update on this from the Parties. On the issue of occupation of civilian centres, according to CTSAMVM, a total of 16 are presently occupied by the SSPDF, which is contrary to Chapter 2 of the Agreement.

    Excellencies, Ladies and Gentlemen

  9. 14. Onhumanitarian issues, flooding continues to cause many difficulties. According to UNOCHA, over half of the country is affected, disrupting the livelihoods of hundreds of thousands of people. I continue to urge for humanitarian support, and express appreciation for assistance already given. Furthermore, access to the people in need continues to be hampered by bureaucratic impediments, floods, and community-based and sub-national violence. This year, eight humanitarian workers have lost their lives, including one in October, while providing aid to people in need. That is in clear contravention of Chapter 3 of the Agreement, and international humanitarian law. I would like to call upon the government to ensure a safe and secure operating environment for humanitarian workers to ensure the continued delivery of much- needed humanitarian services.

15. Since the last monthly meeting, I have requested the Ministry of Finance and Planning to update me on progress regarding the establishment of the Economic and Finance Management Authority (EFMA), Article 4.16, which is a key institution mandated “to provide an effective oversight of economic and public financial management, and to ensure transparency and accountability particularly in the oil/petroleum sector, concessions and contract award, budgetary and public expenditure, revenue collection.” I am awaiting a response about this. The EFMA is an important body which will contribute to the effective and efficient management of public finance and management in South Sudan, and one which is mandated to report to the RJMEC.

16. In terms of transitional justice, there have been some consultations between the Minister of Justice and the RJMEC Secretariat regarding the implementation of Chapter 5. The Minister is seized of the matter. However, I urge the RTGoNU to initiate public consultations on the establishment of the Commission on Truth, Reconciliation and Healing (as per Article 5.2.1.3), incollaboration with other stakeholders and civil society, which will inform the design of the legislation establishing the Commission. I also urge the RTGoNU to fully cooperate with the African Union Commission to expedite the establishment of the Hybrid Court for South Sudan (as per Article 5.1.5).

17. On the permanent constitution-making process, I would like to inform you that the preparations of the RJMEC Secretariat in convening the constitutional-making process workshop are underway. The Parties and stakeholders have been invited, some nominees have been received, and we plan to start our pre- workshop engagements next week with the Max Planck Foundation. The workshop is scheduled to be held towards the end of January 2021.

18. Regarding the RJMEC Working Committees. I am pleased to inform you that the RJMEC Working Committees have been reconstituted, and some have begun work. All RJMEC members have been assigned membership of two Working Committees, and have the option of observing a third. I thank the Minister of Justice and Constitutional Affairs for nominating his representatives, and urge the other Ministries and RTGoNU ministerial clusters to do the same. I call upon all of you to take the work of these Committees very seriously and actively participate to enable RJMEC to deliver on its mandate.

19. Finally, with regard to the Agreement timeline and delays in implementation, you may recall that in the last meeting, the RTGoNU shared with us a draft revised implementation matrix for the Transitional Period, which was neither presented nor discussed. I would like to suggest that the RTGoNU updates us on this matter.

Excellencies, Ladies and Gentlemen,

20. I would like to conclude with the following recommendations to this meeting.

a)  Urge the concerned Parties to urgently resolve the impasse in Upper Nile state and appoint a Governor;

b)  Prevail on the Parties to immediately submit their nominations to National Constitutional Amendment Committee in order to facilitate the long overdue reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States;

c)  Urge the RTGoNU to restructure and reconstitute the Transitional Commissions and Institutions at the national level listed at Article 1.19 of the Agreement without delay;

d) Urge the Parties to provide a report to RJMEC on demilitarisation of civilian areas, collection of heavy weapons, and location of forces, size and equipment;

e)  Urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, produce the plans for the redeployment of the NUF, and ensure well-coordinated DDR;

f)  Encourage the Organised Forces to deliver further training and sensitisation to address SGBV in all its forms

g)  Urge the RTGoNU to establish the Economic and Financial Management Authority and implement the rest of the Resource, Economic and Financial Management provisions envisaged in Chapter 4; and

h) Urge the RTGoNU to fast track the establishment of the Commission for Truth, Reconciliation and Healing, including through public consultation in collaboration with other stakeholders and civil society, and to cooperate with the African Union Commission to establish the Hybrid Court for South Sudan.

21. Finally, I expect that the pace of implementation will gather momentum, thereby building trust and confidence, making peace in South Sudan a reality.

Thank you.