STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON - RJMEC TO THE 28th RJMEC MONTHLY MEETING Thursday, 30 March 2023 Juba, South Sudan

Thursday, 30 March 2023 14:26

STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON - RJMEC TO THE 28th RJMEC MONTHLY MEETING 

 Thursday, 30 March 2023

Juba, South Sudan

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.   I welcome you to our 28th meeting of the RJMEC as we enter the second of the 24-month  extended Transitional Period, as per the RTGoNU Roadmap; with elections expected to be conducted in December 2024. As the monitoring body, it is our responsibility to keep track of these timelines and to constantly remind the RTGoNU and the Parties represented here, of their mandate and urgent responsibility, to expedite the implementation of the Peace Agreement in letter and spirit.

2.   I welcome the resumption of the Transitional National Legislature this week given that a lot of work remains to be done in terms of the legislative agenda in support of the implementation of the Agreement. I also welcome the statement of H.E President Salva Kiir Mayardit at the opening, in which the urgency of implementation of the Agreement was stressed and the assurance given that there will be no further extension to the Transitional Period. I reiterate H.E the President’s call for redoubling of efforts and cooperation among the Parties to ensure completion of the Transitional Period tasks. RJMEC is hopeful that this commitment will translate into availing the necessary resources to ensure the full and timely implementation of the Agreement. 

3.   In my statement this morning I will provide an update on the recent progress in the implementation of the Revitalized Peace Agreement, highlight the recurrent challenges, and conclude with my observations and recommendations.

Excellencies, Ladies, and Gentlemen,

4.   First, governance: In terms of legislative reforms, some progress had been made by the National Constitutional Amendment Committee (NCAC) in the reviews, amendments, and drafting of the NGO Act and the Investment Promotion Act, before its national members boycotted participation due to non-payment of their allowances. This boycott by the NCAC members is a matter of very serious concern because the NCAC mandate is expected to end in May 2023. In addition to the NGO Act and Investment Promotion Act, the NCAC still has four other bills to be worked on, including the Mining, Transport, Pension Fund, and Telecommunication Acts. I have written to the RTGoNU urging payment of allowances to the national members of the NCAC.

5.   On 24th March 2023, the Council of Ministers adopted the National Security Services Amendment Bill and it now awaits tabling before the reconstituted TNL for enactment.  This is a welcome development and I appeal to the TNL to expedite consideration and enactment of this Bill and all the others currently pending. The RTGoNU should also take steps to expedite the operationalization of all the enacted laws. 

6.   It is concerning that there is a long delay in the reconstitution of the various Commissions and Institutions at the national level in accordance with the Roadmap timelines. In our last meeting, we were assured by the RTGoNU that the restructuring and reconstitution of these Commissions and Institutions would be shortly concluded. I look forward to receiving an update from the RTGoNU representative on this matter. 

7.   In terms of the preparation for elections as per the Roadmap, no progess has been made in the reconstitution of the Political Parties Council despite the law having been enacted over 8 months ago. The reconstitution of the Council is critical to paving the way for the registration of political parties.  Also, the enactment of the National Elections Act and its operationalization is way behind schedule. As a result of these delays, all the elections-related tasks including the establishment and functioning of institutions that drive the elections process, are behind schedule. In this regard, I appeal to the TNL to prioritize passage of the National Elections Bill.

8.   On 3rd March H.E the President issued decrees one relieving the two national Ministers, that of Defense and Veteran Affairs and the Interior, and the other swapping the two ministries between the I-TGoNU and SPLM/A-IO. As you are all aware the SPLM/A-IO protested the decision, following which I engaged the concerned parties and encouraged them to amicably resolve this matter in the spirit of collegiality, consultations and consensus. 

9.   In accordance with the provisions of the Agreement, I also  briefed the Heads of State of IGAD on this development and appealed to them to assist the two parties to resolve this issue. There has since been internal mediation between the parties to find a suitable compromise on this matter. On 29th March H. E President Salva Kiir Mayardit appointed General Chol Thon Balok as the new minister of Defense and Veteran Affairs. 

10.  Next, Transitional Security Arrangements: The recent progress made in the unification of the middle and lower levels of command of the Necessary Unified Forces is commendable. The Parties agreed on a responsibility sharing ratio of 60:30:10 to the SSPDF, SPLA-IO and SSOA respectively. However,  the forces which graduated during Phase I are still in training centers, and their delayed redeployment has hindered the commencement of Phase II NUF training. In this regard, I would like to hear from the JDB on plans for redeployment of Phase I and the start of  Phase II. 

11.        Regarding the status of the Security Mechanisms, not much has changed since our last meeting. The JDB, JMCC, JTSC, and SDSR Board members still lack allowances to sustain themselves, as well as financial support to execute their Transitional Security Arrangements tasks. The DDR Commission has no funding and the CTSAMVM national monitors have not resumed work due to the non-payment of their allowances by the RTGoNU. I appeal once again to the RTGoNU to fund the work of all mechanisms including the DDR Commission  and I look forward to RTGoNU  briefing this plenary on the progress, in availing funds for all the Agreement implementation mechanisms.

12.  On Police reforms, it is reported that the Joint Transitional Security Committee (JTSC) Curriculum Development guide for the Necessary Unified Police Forces, which outlines the basic operational framework of the police component to sustain  professionalism, was developed and is available to be utilized for training. 

13.  I am also encouraged that the South Sudan National Police Service (SSNPS) initiated a curriculum review process regarding Election Security to prepare the National Police to discharge its responsibilities in the upcoming elections. I would like to hear more on this from the JDB.

Excellencies, Ladies, and Gentlemen,

14.  Against the backdrop of increasing humanitarian needs, access and safety of humanitarian workers, goods, and assets remain a challenge. There have been several reported cases of attacks on humanitarian convoys, facilities, and personnel, as well as looting of humanitarian supplies, and access denial for humanitarian workers. These are matters that the RTGoNU should urgently address including by providing security along humanitarian corridors,  protecting humanitarian workers and their assets and holding perpetrators to account.

15.  On resource, economic and financial management, there has been a steady commitment to Public Financial Management (PFM) reforms as steps are being taken to publish budget execution reports, and oil revenue data. I would like to commend the RTGoNU in that regard. I wish to note that these reports need to be published in a timely manner in accordance with the Public Financial Management and Accountability Act and the Petroleum Revenue Management Act. Let me reiterate the need to legislate the amendment bills governing these PFM reforms, without which the responsible authorities will be challenged in completing the implementation of the relevant provisions of the Agreement.

16.  I note the progress registered so far in ensuring environmental protection, amid the many challenges posed by climate change in South Sudan. As required by the R-ARCSS, the Environment Protection Bill has been drafted and it proposes the creation of the Environmental Protection Agency and the National Environment Authority. In addition, the first National Adaptation Plan (NAP) and its Program for Action for climate change have been published. This is the first step toward establishing a coherent and effective process for  mainstreaming climate adaptation within the country’s development planning processes. However, achieving the objectives of the NAP will require a coordinated approach and the commitment of both state and non-state actors.

Excellencies, Ladies, and Gentlemen,

17.  In terms of transitional justice,  the Ministry of Justice and Constitutional Affairs and the Technical Committee on CTRH establishment have been undertaking a series of public consultations. However, they are yet to embark on their mission to the refugee camps in Kenya, Uganda, Ethiopia, and Sudan where they are slated to undertake public consultations with refugees. I therefore urge the RTGoNU to undertake the remaining phase of public consultations with refugees and complete the drafting of the CTRH and CRA legislations.

18.  On the establishment of the Hybrid Court for South Sudan, the  African Union Comission has formally requested  RTGoNU to meet and discuss on the way forward.  I therefore urge the RTGoNU and the African Union Commission to agree on a clear plan for the establishment of the Court.

19.  Regarding the making of the Permanent Constitution, there is  no further progress to report. It is now three months since  the  Constitution-making Process Act 2022 was assented to. Also,  the Minister of Justice and Constitutional Affairs tabled a  Memorandum to Cabinet to operationalize this Act. I appeal to the Minister of Justice and Constitutional Affairs to urgently provide guidance to the Parties and Stakeholders regarding the nominations of their representatives to the relevant constitution-making bodies, in accordance with the Act.  

Excellencies, Ladies, and Gentlemen,

20.  A lot of work remains to be done if the Roadmap timelines are to be adhered to as promised. The RTGoNU should demonstrate in action its commitment to deliver the transition in time not simply by word. This requires a solid commitment of resources to implement the Agreement. In that regard the call by the President for a National Economic Conference is a welcome initiative which should be complemented with the immediate establishment of the Special Reconstruction Fund and convening of the South Sudan pledging conference to provide the neccesary funding for implementation of the Agreement. 

21.  In light of the above, I would like to reiterate the following recommendations to the RTGoNU:

a)   continue to consult and dialogue in the spirit of collegial collaboration and consensus in order to address emerging issues during implementation of the Agreement;

b)   provide adequate and predictable funding for the implementation of the critical pending tasks of the Agreement, in particular, the Constitution Making and Electoral processes and completion of the unification of forces;

c)    operationalize all the enacted laws, establish all institutions required by the Constitution-Making Process Act 2022, and expedite the enactment of the National Elections Bill; 

d)   expedite the redeployment of the graduated forces, commence Phase 2 of the unification of forces and begin Demobilisation, Disarmament, and Reintegration (DDR); and

e)   complete the process of drafting the CTRH and CRA legislation and submit it to the reconstituted TNL for enactment and engage the AU Commission to discuss modalities for the establishment of the Hybrid Court. 

22.  Finally, faced with the current setbacks and the slow pace of implementation, it is encumbent upon us to redouble our efforts, encourage and support the RTGoNU to accelerate the pace of implementation going forward, in order to provide a much needed impetus to the peace process.I Thank You.