STATEMENT BY H.E. AMB. MAJ GEN (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC ON THE STATUS OF IMPLEMENTATION OF THE REVITALISED AGREEMENT ON THE RESOLUTION OF THE CONFLICT IN THE REPUBLIC OF SOUTH SUDAN TO THE UNITED NATIONS SECURITY COUNCIL

Tuesday, 13 December 2022 22:03

-       President of the UN Security Council,

-       Distinguished Members of the Council,

-       Excellencies,

-       Distinguished Ladies and Gentlemen,

1.   It is my pleasure to brief the Security Council today, which is just over nine months since I last briefed this august Council. I would like to take this opportunity to thank this Council for the invitation, expressed in UNSC Resolution 2633, adopted on 26 May 2022, to “share relevant information with the Council, as appropriate, on its assessment of the parties’ implementation of the Revitalised Agreement, adherence to the Cessation of Hostilities Agreement, and the facilitation of unhindered and secure humanitarian access.” Furthermore, article 7.9 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) mandates us to report, inter alia, to this Council every three months. 

2.   The Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) is the official oversight body mandated to monitor, evaluate, and report on the implementation of the Revitalised Agreement. RJMEC oversees the mandate and tasks of the Revitalised Transitional Government of National Unity (RTGoNU), including the adherence by the Parties to the agreed timelines and implementation schedule. RJMEC is comprised of 43 members, as per article 7.2, including the Parties to the Agreement, other South Sudanese stakeholders, regional guarantors, UNMISS, IGAD countries, the AU, People’s Republic of China, and the Troika, all of which participate in the delivery of our mandate.  

3.   My briefing to this Council will focus on the key milestones achieved in the implementation of the Revitalised Peace Agreement since my last report in March 2022, and critical pending tasks. I will also highlight challenges, and conclude with my recommendations.

 Mr. President

4.   As reported to this Council in March 2022, due to the slow pace of progress of the implementation of the Revitalised Peace Agreement, RJMEC urged the Revitalised Transitional Government to prepare a roadmap, including its strategy for implementing the Agreement’s critical outstanding tasks. 

5.   The Revitalised Transitional Government duly developed a roadmap setting out the path to peaceful and democratic elections. The Roadmap, entitled “Agreement on the Roadmap to a Peaceful and Democratic end to the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan”, has been endorsed by the RJMEC and ratified by the Reconstituted Transitional National Legislature (TNL) in accordance with Article 8.4 of the Revitalised Peace Agreement. This detailed document, developed and owned by the Parties to the Agreement themselves, contains a wide range of critical tasks and timelines, which, if implemented fully in letter and spirit, would ensure the conduct of peaceful and credible democratic elections in December 2024.  

Mr. President,

6.   I will now give a chapter-by-chapter update on progress. On Governance, the reconstituted Transitional National Legislature (TNL) passed the following bills: the South Sudan People’s Defense Force Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill and the Constitution-making Process Bill. Other bills, such as the National Prisons Service Bill and the Civic Defense Service Bill, are being processed by the TNL.

7.   In addition, the National Constitutional Amendment Committee has reviewed and drafted several amendments to the key priority legislation, including the National Audit Chamber Act, Public Finance Management and Accountability Act, Petroleum Act, Petroleum Revenue Management Act, the National Elections Act and the Anti-Corruption Commission Act. It is currently reviewing the National Revenue Authority Act, the Bank of South Sudan Act, and the Banking Act.

8.   The outstanding governance tasks required by Chapter 1 include the judicial reforms in article 1.17, the completion of reforms of national Institutions and Commissions, listed in article 1.19, and the reconstitution of the Political Parties Council, the amendment of the National Elections Act, and the reconstitution of the National Elections Commission, in article 1.20.   

9.       On the Permanent Ceasefire and Transitional Security Arrangements, the Revitalised Transitional Government resolved the impasse over the Unified Command structure, including the appointments of unified Commanders in April 2022. Furthermore, approximately 49,000 out of 53,000 Necessary Unified Forces of Phase 1 have been graduated. However, Phase 2 of the unification of forces, which will complete the graduation of the Necessary Unified Forces, has not yet begun, and is overdue.  

10.   That said, insecurity persists in some parts of South Sudan. As highlighted in our recent joint statement of RJMEC, UNMISS, the African Union Mission in South Sudan, IGAD, and some members of the international community, RJMEC is deeply concerned over the escalating violence in both Upper Nile and Jonglei States with innocent lives being lost, thousands displaced, livelihoods and property destroyed. If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement. It is important that the Ceasefire and Transitional Security Arrangements Monitoring and Verification Mechanism (CTSAMVM), which reports to RJMEC, be given the necessary resources to investigate and evaluate such incidents of violence. 

11.   There are critical Transitional Security Arrangements tasks which have not yet been completed. They include the funding and operationalisation of Disarmament, Demobilisation and Reintegration Commission programmes, and the Strategic Defence and Security Review, which is critical for security sector reforms.

12.   Regarding Humanitarian Assistance and Reconstruction, some humanitarian corridors remain opened and continue to facilitate free movement of goods, services and people across borders, including the voluntary return of more than 600,000 people since 2018. However, various factors have exacerbated the already dire humanitarian situation in the country. These include prolonged subnational violence; widespread floods; food insecurity; reduced funding and humanitarian access, and lack of basic services. Furthermore, the establishment of the Special Reconstruction Fund, in article 3.2 of the Agreement, a critical coordinating mechanism for recovery and development efforts, is long overdue.  

13.   As for Resource, Economic and Financial Management, it is encouraging to note that the Revitalised Transitional Government has initiated reforms in Public Financial Management, and relevant banking and resource management laws are being reviewed.  Furthermore, policy reviews and the management of natural resources, agricultural policies, strategies and programmes are underway. However, the comprehensive policy for the use and management of the country’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.  

14.   On Transitional Justice, the Revitalised Transitional Government conducted public consultations to help guide the legislation for the establishment of the Commission for Truth, Reconciliation and Healing (CTRH). The drafting of the CTRH Bill and the Compensation and Reparation Authority Bill is ongoing. On the Hybrid Court for South Sudan, the responsibility for its establishment lies with the African Union Commission working with the Revitalised Transitional Government, and this is still pending.

15.   The making of the permanent constitution is critical for guiding the conduct of elections at the end of the Transitional Period and some progress has been made in this regard. On 24 October 2022, the reconstituted Transitional National Legislature passed the Constitution Making Process Bill 2022, but it has yet to be presented to the President for assent. Once signed into law, the Revitalised Transitional Government is expected to reconsitute and appoint all the institutions essential for the making of the permanent constitution.

Mr. President,

16.   During the Roadmap phase, it is critical that the Revitalised Transitional Government provides an enabling environment for elections, including the opening and preserving of civic and political space for all, to build confidence and participation in the process and expedite implementation of all critical outstanding tasks. 

17.   There is also need for all actors, parties and stakeholders alike, including partners and friends of South Sudan to focus more on facilitating progress. To achieve these, there is need to continue building trust amongst the Parties; enhance capacity of implementers; address subnational violence, and the dire humanitarian situation. Furthermore, RJMEC, and CTSAMVM in particular, face significant operational challenges following the withdrawal of US funding.  

Mr. President,

18.        I would like to close my statement with the following recommendations to this august Council:

a.   increase engagements with the Revitalised Transitional Government to adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks;

b.   urge member states to provide political, technical, and logistical support to the Revitalised Transitional Government for the implementation of the priority areas of the Roadmap, including the DDR process, the Permanent Constitution-making process, and elections;

c.    encourage the Revitalised Transitional Government to ensure civic and political space are guaranteed and protected throughout the country;

d.   appeal to the Revitalised Transitional Government to urgently address the root causes of intercommunal violence and insecurity in the country, especially in Upper Nile and Jonglei States;

e.    further appeal to the Revitalised Transitional Government, in collaboration and support of international partners and friends of South Sudan, to establish and operationalise the Special Reconstruction Fund to  pave the way for the mobilisation of resources for post-conflict recovery and reconstruction; and

f.     appeal to member states to consider political, logistical and financial support to the monitoring and oversight institutions, RJMEC and CTSAMVM, to enhance their operational capabilities.

19.        Finally, Madam President, I would like to appeal to the Council to remain seized of the peace process in South Sudan, and to consider undertaking regular visits to South Sudan as a show of solidarity. IGAD and the AU have responded very positively to RJMEC’s recent appeals for enhanced engagement with South Sudan. The importance of consolidating our efforts, speaking with one voice, and bringing our collective leverage to bear and pushing for timely implementation of the Roadmap cannot be overemphasised.

20.        For the Roadmap to be implemented in letter and spirit within the stipulated timeline, the full support of the Security Council will be of great importance as the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan continues to offer the best opportunity of lasting peace in South Sudan.

 

I Thank You.