Remarks by H.E. Amb. Berhanu Kebede Chief of Staff, RJMEC to the African Union Peace and Security Council (AU PSC) on Wednesday, 30th November 2022 Addis Ababa, Ethiopia

Friday, 03 February 2023 08:27

- Chairperson of the Peace and Security Council;

- Commissioner of Peace and Security; 

- Your Excellencies Permanent Representatives; 

- Excellencies;

- Ladies and Gentlemen.

Your Excellency,

1. I am honoured to once again address this Council as the Interim Chairperson of the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC). Since my last briefing to you, key milestones have been reached in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). Key among them were:

a. Phase 1 of the graduation of forces is nearing completion with approximately 49,000 out of 53,000 graduated; 

b. the Constitution-making Process Bill, among others, was passed by the Reconstituted Transitional National Legislature and is awaiting assent by the President; 

c. implementation of the R-ARCSS has entered its fifth year with sustained efforts towards peace, despite the many challenges; 

d. the Parties have all agreed on a 24-month extension of the Transitional Period with a clear Roadmap to a Peaceful and Democratic Elections at the end; 

e. the RJMEC pronounced itself on the Roadmap with clear recommendations on steps to be taken in order to ensure that critical tasks outlined in the Roadmap are implemented as scheduled. 

2. In spite of this progress, some critical tasks remain outstanding.   

3. In my briefing today, I will therefore only highlight the key issues which require this Council’s attention and conclude with recommendations.

Your Excellency,

4. Since my last briefing, the timeframe of the Revitalised Peace Agreement has been extended by 24 months, effective February 2023, in accordance with the “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”, hereafter referred to as ‘the Roadmap’. 

5. Pursuant to article 8.4 of the R-ARCSS, the Roadmap was agreed to by the Parties on 4th August, endorsed by the Revitalised Transitional Government of National Unity (RTGoNU) Council of Ministers on 5th August, consented to by RJMEC on 1st September 2022 and ratified by the reconstituted Transitional National Legislature on 16th November 2022. Even with the extension, however, there is much to do and time is already pressing.

Your Excellency,

6. I will now give an update on the status of implementation, chapter-by-chapter. First, on Governance. The Reconstituted Transitional National Legislature passed several pieces of legislation, importantly the South Sudan People’s Defence Force Bill, the Wildlife Service Bill, the National Police Service Bill, Political Parties Bill and the Constitution-making Process Bill.

7. The National Constitutional Amendment Committee (NCAC) continues with the reviews and drafting of amendment bills. To date, the NCAC has completed drafting amendment bills of 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.

8. The restructuring and reconstitution of the Institutions and Commissions at the national level is work in progress. The reforms include streamlining their mandates and appointments to ensure their independence and accountability in accordance with the law, taking into consideration inclusivity, national diversity and gender.

9. On the permanent ceasefire and transitional security arrangements, the graduation of the first batch of the Necessary Unified Forces is nearing completion with approximately 49,000 forces out of the expected 53,000 graduated. The unified forces now need to be redeployed, and this overdue. I am concerned that the graduated unified forces have been returned to the Training Centres, which is delaying the commencement of Phase 2 training. Furthermore, the unified forces are not being remunerated. We expect the RTGoNU to take appropriate action.

10. There are security related tasks yet to be undertaken, including finalising the Strategic Defence and Security Review documents, availing clear and predictable funding for the DDR Commission and its programmes, and a clear plan for the management of weapons and munitions collected from all forces. 

Your Excellency, 

11. Regarding humanitarian assistance and reconstruction, the opening of some humanitarian corridors has facilitated free movement of goods services and people across borders, including voluntary returns. According to UNHCR, more than 600,000 people have returned since 2018. 

12. However, the magnitude and severity of humanitarian needs in the country have continued to rise due to the effect of prolonged subnational violence, widespread flooding, food insecurity, decline in funding and lack of the provision of basic services, particularly the conflict-affected population. There are also concerns related to safety of humanitarian workers and their assets as well as access to those in need.

13. The critical outstanding tasks include the establishment of Special Reconstruction Fund (SRF) and its Board, the requisite USD 100 million funding per annum from the RTGoNU and the review of the NGO Act 2016.  In this regard, I have urged the RTGoNU to expedite the establishment of the SRF to pave the way for the Pledging Conference, pursuant to the 1060th AU PSC Communique. 

14. On Resource, Economic and Financial Management, some progress has been registered in policy reviews and the management of natural resources as required by the Revitalised Peace Agreement. Agricultural policies, strategies and programmes are being developed, and the National Land Policy is being finalised. However, the policy for the management of South Sudan’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.  

15. The Strategic Economic Development Roadmap was reviewed and aligned with the R-ARCSS and is being implemented and prioritises the security, humanitarian, and development nexus. It also focuses on devolution of powers and resources which is being operationalised with the development of State plans for all the ten states and three Administrative Areas.

16. The legal and institutional framework for the Youth and Women Enterprise Development Funds for the vulnerable private sector are being developed and the South Sudan Pension Fund (SSPF) has been operationalised but needs to broaden its coverage beyond civil service to include the wider public and private sectors.

17. The Public Financial Management reforms namely, the operationalization of the treasury single account, creation of the Public Procurement and Asset Disposal Authority, the enactment of legislations relating to Public Financial Management have been slow and need to be prioritised.    

18. In terms of transitional justice, the RTGoNU has conducted public consultations to help guide the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH). The drafting of the CTRH Bill and the Compensation and Reparation Authority (CRA) Bill are both ongoing. On the Hybrid Court for South Sudan (HCSS), the responsibility for its establishment lies with the African Union Commission (AUC) working with the RTGoNU, and this is still pending. I urge the AUC to expedite the process leading to the establishment  of the Court.

19. The making of the permanent constitution is critical for the conduct of elections at the end of the transitional period. In this regard, the Constitution-making Process Bill 2022 was passed by the Transitional National Legislature and awaits assent by the President. Once the Bill becomes law, it will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), recruitment of the Constitutional Drafting Committee (CDC) and appointment of the Preparatory Sub-Committee (PSC) which will be responsible for the convening of the National Constitutional Conference. These bodies are critical in the making of the new constitution to guide the conduct of elections at the end of the Transitional Period and their establishment is long overdue.

20. During this Roadmap phase, it is also critical that the RTGoNU 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. Overall, predictable funding and adequate logistical support for the implementation of the peace agreement is critical.

Your Excellency,

21. Since the Revitalised Peace Agreement came into force in 2018, its implementation faced several challenges. These include trust deficit among the parties; capacity gaps of Agreement institutions and mechanisms; lack of adequate and predictable funding; limited resources for implementation; flooding; and activities of the holdout groups and subnational violence.

22. Depite the above challenges, the Roadmap provides an opportunity for creating the conditions necessary for the conduct of peaceful and democratic elections at the end of the Transitional Period. This requires changes in strategies and approaches from the parties, South Sudanese stakeholders, the regional guarantors and international partners and friends of South Sudan. There is need for the RTGoNU to, inter alia, demonstrate the urgency, unity of purpose, commitment, extra effort and political will required to implement the tasks outlined in the Roadmap as scheduled. The regional guarantors and international community should enhance their approaches in engaging the RTGoNU and the various Agreement Institutions and Commissions with a strong focus in facilitating progress.

1. I will now conclude with my recommendations to this august Council. The Peace and Security Council to:

a. engage the RTGoNU to adhere to the Roadmap timelines and prioritise their implementation through the availing of predictable, timely and adequate funding for all tasks; 

b. urge the AU Commission to provide political, technical, and logistical support to the RTGoNU during the implementation of the Permanent Constitution-making process and elections;

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

d. urge the AU Commission and member states to support the RTGoNU with expertise and resources needed to support the DDR process and the management of weapon and munitions stockpiles;

e. engage with the RTGONU to kickstart the establishment of the Special Reconstruction Fund and its Board to pave the way for the convening of the South Sudan pledging conference;

f. urge the AU Commission to expedite the process for the establishment of the Hybrid Court for South Sudan; and 

g. appeal to the RTGoNU to fast track the establishment and operationalisation and funding of the CTRH and CRA.

2. Finally, there is need for us all (IGAD, AU and UN) to consolidate our efforts, speak with one voice, and bring our collective leverage to bear and push for timely implementation of the Roadmap.

I Thank You!