STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON - RJMEC TO THE 26th RJMEC MONTHLY MEETING, Thursday, 26 January 2023 Juba, South Sudan

Thursday, 26 January 2023 07:12

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.   Let me begin by welcoming you all to the 26th meeting of the RJMEC, and by wishing you all a very Happy New Year 2023. I sincerely hope that you all had a restful break, and are ready to redouble efforts pursuant to our mandate to effectively and collectively monitor, evaluate, and oversee the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), with renewed focus to support all Agreement Institutions and Mechanisms to facilitate progress.

2.   At the end of 2022, the South Sudan peace process was high on the agendas of the IGAD Council of Ministers, the African Union Peace and Security Council (AUPSC), and the United Nations Security Council, all of which RJMEC provided a briefing to. Informed by our recommendations, IGAD and AUPSC in particular have made critical policy decisions in support of the implementation of the Revitalised Peace Agreement. 

3.   With such focus, I am expecting a busy start to the year 2023, particularly in February, when South Sudan is expected to receive important visitors, including the Ecumenical Peace Pilgrimage of the three religious leaders, led by His Holiness, Pope Francis, and subsequently the AUPSC. We also expect a joint IGAD ministerial visit. 

4.   These solidarity visits are timely, and they enhance our peace efforts, as they coincide with the third anniversary of the establishment of the Revitalised Transitional Government of National Unity (RTGoNU). I hope the RTGoNU and the people of South Sudan will find inspiration and a spirit of forgiveness in these visits in order to renew public confidence in the peace process by rebuilding trust and showing unity of purpose, and demonstrate genuine political will through joint actions and messaging for peace.

5.   My statement this morning will therefore highlight the most recent developments in the implementation of the Revitalised Peace Agreement in accordance with the Roadmap since our last Plenary. I will focus on progress made, pending tasks, and conclude with recommendations.

Excellencies, Ladies and Gentlemen,

6.   First, governance. Since our last plenary, some critical benchmarks have been realised. Six bills have been assented to by the President of the Republic of South Sudan pursuant to the R-ARCSS. The bills are the Constitution-making Process Bill 2022; the Transitional Constitution of the Republic of South Sudan 2011 (Amendment) Bill No.11, 2022; the National Police Service (Amendment) Bill 2022; the National Wildlife Service (Amendment) Bill 2022; the Civil Defense Bill 2022; and the National Prisons Service (Amendment) Bill 2022. 

7.   Whereas the enactment of the bills is a welcome development, I am concerned that the operationalisation of the Acts has been slow. By now, there are critical institutions which should have been reconstituted to pave the way for the implementation of key aspects of the Agreement. For instance, the Political Parties Council which is central for the registration of political parties, and there is also the National Constitutional Review Commission which is tasked with spearheading the constitution-making process.   

8.   The National Constitutional Amendment Committee (NCAC) has continued with the reviews, amendment and drafting of legislation as provided for in its mandate. In that regard, I would like to urge the RTGoNU to fast-track the enactment of all the revised laws, especially the National Elections Act (Amendment) Bill and Anti-Corruption Commission Act (Amendment) Bill. 

9.   On the issue of payments to national members of the NCAC and the ad hoc Judicial Reform Committee (JRC), I have been informed that the RTGoNU will cover the payments of the national members of these two institutions, which is a welcome development. 

10.         Next, security. I can report that with the graduation of troops in Bentiu on 14th January 2022, Phase I of the graduation of the Necessary Unified Forces (NUF) is now complete. Despite graduation, the troops are yet to be redeployed to their respective formations, units and posts, their ranks are yet to be harmonized, and it is important that their welfare be adequately taken care of.

11.        According to the Roadmap, the commencement of the training of Phase II of the NUF is to begin without delay as that process is behind schedule. Learning from the experience of Phase I, it is important that the RTGoNU provides adequate material and financial resources, so that the Security Mechanisms can accomplish their tasks in a timely manner. Closely connected with the issue of the unification of forces is the DDR process, which has received very little support. It is difficult to see how the unification of forces can be considered complete without fully functioning and funded DDR programmes. 

12.   As the process of the unification of forces moves forward into Phase II, another area that needs particular attention is the collection, registration, and storage of weapons and munitions, and I urge the JDB to give this matter its full attention. One further very important but pending task in Chapter 2 is the completion of the Strategic Defence and Security Review process, which is way behind schedule. I would like to hear an update on these issues from the Security Mechanisms.

13.   It is very concerning to note that over the holiday period, numerous armed clashes have taken place, cumulatively costing hundreds of lives and displacing thousands of civilians, in particular in Upper Nile State and in the Greater Pibor Administrative Area, as expressed in our joint statement published on 28th December 2022. For all intents and purposes, there is a very serious picture of escalating violence, negatively impacting the environment in which the R-ARCSS is being implemented. I therefore appeal to the Parties involved and the RTGoNU to address the root causes of these armed conflicts and find lasting solutions to resolve them and ensure accountability for crimes committed.

14.   Despite its serious operational challenges, CTSAMVM has produced a violation report from Upper Nile State, and it will provide more details this morning. That said, the delayed payment of the national members of CTSAMVM is still a pressing issue. Their role in CTSAMVM is essential as it helps to provide balanced party perspectives in their reports, in addition to facilitating access in the field. I urge the RTGoNU to take this matter with the urgency it deserves.

15.   Regarding policing, an integral component of security sector reforms, I am encouraged by the recently initiated Police Reform Programme. Through its reform activities, this programme is intended to build the capacity of the South Sudan National Police Service, and to sensitise on Sexual and Gender Based Violence (SGBV). This is an important part of strengthening the peace process in South Sudan. 

Excellencies, Ladies and Gentlemen,

16.   On humanitarian affairs, it is encouraging to learn that the NGO Act 2016 is currently being reviewed by the NCAC in order to make it compliant with international best practices. It is concerning to learn that this year already, three humanitarian workers have been killed, in the Abyei Administrative Area and Jonglei State, among scores of civilians who have also lost their lives in violence. It is incumbent upon the RTGoNU to provide a secure environment in which humanitarian workers can deliver aid to those in need.

17.        On resource, economic and financial management, there has been limited progress since the last Plenary. However, reforms in the management of South Sudan’s natural resources are progressing. Further, the Bank of South Sudan has directed all commercial banks to close accounts held by various government institutions, an important step in ensuring the “single treasury account” required by the Agreement. As we move into 2023, it is important that the implementation of Chapter 4 proceeds expeditiously, including improved management of the country's resources. I urge all those responsible to redouble their efforts in this regard.

18.   In terms of transitional justice, I am informed that the Ministry of Justice and Constitutional Affairs is in the process of drafting the Commission on Truth, Reconciliation and Healing Bill and the Compensation and Reparation Authority Bill. I reiterate my appeal to the Ministry to fast-track this process and establish these important institutions. 

19.   Regarding the permanent constitution-making process, I welcome the signing into law of the Constitution Making Process Act 2022. 

The law requires that the National Constitutional Review Commission (NCRC) shall be reconstituted by the RTGoNU within forty-five days after the coming into force of the Act, namely by 5th February 2023. In this regard, the Parties and Stakeholders to the Agreement were required to have submitted lists of their representatives to the Minister of Justice and Constitutional Affairs by 21st January 2023. I am concerned that the first deadline has already been missed and risks causing further delays in the processes that should follow.

20.        I therefore call upon all Parties, and relevant Stakeholders, to immediately submit lists of their nominees to the various Constitution-making bodies. It is imperative that these nominees reflect, among other things, the gender, political, social, ethnic, religious, and regional diversity of South Sudan, as provided for in the Act. 

Excellencies, Ladies and Gentlemen,

21.   In conclusion, I make the following recommendations to the RTGoNU:

a)   reconstitute the Political Parties Council as part of the operationalization of the recently enacted laws, which helps to protect political space, thereby allowing for the registration of political parties;

b)   harmonize the ranks of the unified forces, and provide for their welfare so that they can be deployed to provide security and protection of civilians caught up in subnational violence;

c)    initiate dialogue between the communities and parties to address subnational violence in the country, particularly in the hotspots of Upper Nile, Jonglei, the Equatorias, and Greater Pibor Administrative Area;

d)   commence Phase II of the unification of forces without further delay, and provide adequate resources to the Security Mechanisms and the cantonment sites and training centres; and

e)   immediately reconstitute and fund the National Constitutional Review Commission and its Secretariat, and fast-track the establishment of the other mechanisms like the Constitutional Drafting Committee (CDC) and the Preparatory Sub-Committees. 

22.        Finally, I would like to draw your attention to the fact that elections are due to be held just next year, and now that we are in 2023, it is as clear as it ever was, that so much remains to be done. Furthermore, the levels of community-based violence in the states of Jonglei and Upper Nile, the Greater Pibor Administrative Area, and in the Equatorias, are very concerning. 

23.        The imminent Ecumenical Peace Pilgrimage to Juba of the three religious leaders, led by His Holiness, Pope Francis, is an indicator of the world’s desire for lasting peace in South Sudan. In responding to this, I urge the leadership of the RTGoNU, the Parties, and the people of South Sudan to renew their confidence in the peace process, rebuild trust and demonstrate genuine political will and unity of purpose, with the spirit of forgiveness and magnanimity, as we forge ahead at this critical time of the implementation of the Peace Agreement, towards the end of the Transition Period as stipulated in the Roadmap. 

I Thank You