STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON – RJMEC TO THE 29TH RJMEC MONTHLY MEETING, THURSDAY, 25 MAY 2023 JUBA, SOUTH SUDAN

Thursday, 25 May 2023 18:02

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   I welcome you to the 29th meeting of the RJMEC. It is our third meeting in the 24-month extended Transitional Period, which began just over three months ago, and as such, just over one-and-a-half years until elections are due in December 2024. We meet today at a very critical moment, both in the country and within the region.

2.   Since we last met, as you all know, conflict broke out in Sudan in mid-April. This is giving much cause for concern, with loss of life, civilian displacement, and destruction of property. I would like to commend IGAD for its initiative to establish a high-level delegation to mediate the conflict, led by H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, along with H.E. Dr William Samoei Ruto, President of the Republic of Kenya, and H.E. Ismail Omar Guelleh, President of the Republic of Djibouti. IGAD’s efforts complement the Jeddah initiatives, and it is hoped that this could help Sudan resolve the ongoing conflict. Furthermore, it is commendable that South Sudan readily opened its border with Sudan to allow returnees and refugees to escape the conflict. I thank the Revitalised Transitional Government of National Unity (RTGoNU) and humanitarian agencies for all their efforts to provide the much-needed support. 

3.   With that in mind, it is paramount that our collective attention remains on the very pressing issues regarding the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). To this end, it is encouraging that the RTGoNU has continued to reassure South Sudanese that it remains focused and will deliver on its commitments to implement the R-ARCSS, including holding elections as scheduled. While this is welcome, it is important that milestones are reached as per the Roadmap. 

4.   On my part, since our last meeting, I have had several engagements, here and within the region.

a.   I briefed the reconstituted Transitional National Legislative Assembly (TNLA) on the status of the implementation of the R-ARCSS, highlighted progress made and challenges impacting the process, including the slow pace of implementation and lack of funding. I pointed out the critical role of the TNLA in enacting laws to support the implementation of the Revitalized Peace Agreement and encouraged them to coordinate their efforts with the Executive to deliver on the promises of the Agreement.

b.   I also engaged a number of RTGoNU ministers and other peace stakeholders, and briefed H.E. William Samoei Ruto, President of the Republic of Kenya, on the status of the implementation of the Revitalized Peace Agreement. Furthermore, I also engaged H.E. Dr Workneh Gebeyehu, Executive Secretary of IGAD, and H.E. Dr Ismail Wais, IGAD Special Envoy for South Sudan. During these engagements, I stressed the importance of the RTGoNU adhering to the Roadmap timelines.

5.   My statement this morning will provide updates on progress made in the implementation of the Revitalised Peace Agreement since our last meeting, and I will also highlight some of the recurring challenges and conclude with recommendations.

Excellencies, Ladies, and Gentlemen,

6.   First, governance. In terms of legislative reforms, the draft National Elections Act (Amendment) Bill 2023 adopted by the RTGoNU Council of Ministers has now been forwarded to the Transitional National Legislature (TNL). The enactment of this Bill is very important at this juncture as it will pave the way for the reconstitution of the National Elections Commission (NEC), a critical institution for conducting elections. I encourage the reconstituted TNL to expedite the process for enactment of this Bill. 

7.   Further, the Minister of Justice and Constitutional Affairs has tabled before the reconstituted TNL the following revised laws, namely: 

a.           the Banking Act (Amendment) Bill;

b.           the Bank of South Sudan Act (Amendment) Bill;

c.            the National Security Services Act (Amendment) Bill;

d.           the National Mine Action Authority Act (Amendment) Bill; 

e.            the National Archives and Records Act (Amendment) Bill;

f.             the National Public Health Act (Amendment) Bill; and

g.           the Public Financial Management and Accountability Act (Amendment) Bill.

These Bills would further strengthen the legal and institutional frameworks for South Sudan, and the overall goals the R-ARCSS envisages, including lasting peace and sustainable development, and I therefore urge the TNL to expedite their consideration and enactment.

8.   Regarding the National Constitutional Amendment Committee (NCAC), its extended mandate ended on 18 May, with six critical laws pending review, namely: the NGO Act, the Investment Promotion Act, the Mining Act, Transport Act, Pension Fund Act, and the Telecommunication Act.  In March 2023, the national members of the NCAC began a boycott of their work over non-payment of their allowances. This boycott remained unresolved at the time its mandate expired. I am aware that substantial work had already been undertaken on the review of the NGO Act and the Investment Promotion Act at the time of the boycott. I request the RTGoNU to give direction on how the NCAC can resume and complete its work.

9.   In the Transitional Period, the RTGoNU is required to reconstitute the Judicial Service Commission, which will spearhead judicial reforms and the restructuring of the judiciary. In addition, the Agreement requires the RTGoNU to establish an independent, impartial, and credible constitutional court, regulated by law. These judicial reforms are to be informed by recommendations from the Judicial Reform Committee (JRC) to the RTGoNU. In this regard, I wish to hear about the progress made by the JRC in its work. 

10.  Considering that the elections are due to be held in December 2024, the operationalisation of the Political Parties Act is well behind schedule, despite it having been enacted over ten months ago. The Political Parties Council is still not yet reconstituted. This is a critical body for political parties to register in order to participate in the elections, and to entrench the electoral democratic processes in South Sudan, as well as improve the overall political and civic space for public participation in the elections.

11. The process of the restructuring and reconstitution of the various Commissions and Institutions at the national level, as required by the Agreement under Article 1.19, is behind schedule, in accordance to the Roadmap. All these national institutions play a critical role in improving, accountability, transparency, institutional independence, and efficiency in national governance. I request the RTGoNU to brief this meeting on the status of operationalisation of the Political Parties Act and the restructuring and reconstitution of the various Commissions and Institutions.

Excellencies, Ladies and Gentlemen,

12.  Next, on the Transitional Security Arrangements. The RTGoNU Council of Ministers recently approved a budget of SSP 3.6 billion for the Necessary Unified Forces. I would like to request the RTGoNU and the NTC to brief this meeting on the status of funding, and the JDB to brief on plans for redeployment of Phase I of the NUF and the commencement of Phase II.

13.  On the building of the national police, as per article 2.3.2, it is critical to note that a fair and efficient criminal justice system is a prerequisite for any society based on the rule of law. In that regard, it is encouraging that there are ongoing law enforcement reform initiatives led by the South Sudan National Police Service (SSNPS) and the Ministry of Justice and Constitutional Affairs in collaboration with the University of Juba. In April, with the support of UNPOL, specialist national Public Prosecutors conducted the first training of its kind of Judiciary Police officers and Investigators on Sexual and Gender-Based Violence (SGBV) and Conflict-Related Sexual Violence (CRSV).

14.  Regarding CTSAMVM, it is encouraging to note that its national monitors have returned to work, and that an agreement has been reached allowing its Monitoring and Verification Teams (MVTs) to use UNMISS flights and helicopters. In this regard, I reiterate my appreciation to Japan and the Kingdom of Norway for making this happen. However, the CTSAMVM leadership has informed me that its most recent Board meeting was not conducted as planned due to some administrative concerns from the senior national representatives. The matter has been referred to IGAD and RJMEC by the senior national representatives concerned.

Excellencies, Ladies, and Gentlemen,

15.  The dire humanitarian situation in South Sudan is now compounded by the influx of returnees and refugees from Sudan following the outbreak of conflict there, and the onset of rains in South Sudan. Efforts by humanitarian agencies to reach those in need continue to be hampered by reduced funding and access impediments. I would like to thank all the stakeholders that have been involved in assisting the returnees and refugees coming into South Sudan, and to commend the RTGoNU for allocating $15 million of the IMF’s Food Shock Window Facility to the World Food Programme in support of the emergency response.

16.  The African Union and IGAD recently launched the Post-Conflict Needs Assessment, with the objective of ‘enhancing the efforts of the RTGoNU towards the full implementation of the R-ARCSS.’ One of the outcomes of the Needs Assessment is to highlight opportunities for support, including modalities for the operationalisation of the Special Reconstruction Fund (SRF). It is important that the RTGoNU uses this momentum to establish this long overdue institution to avail funding at this critical time.  

17.  On resource, economic and financial management, the RTGoNU continues to take steps to further advance the effectiveness and transparency of public finances, the budgetary process, monetary and fiscal policy management, and capacity building.

18.  Additionally, the RTGoNU inaugurated the Public Procurement and Disposal of Assets Board which will serve to advance the management of the RTGoNU’s finances, and also increase the competitiveness of the private sector in the public procurement process. The full operationalisation of this Board will ensure efficient public procurement and disposal of assets in accordance with the principles of good governance.

19.  Furthermore, the Ministry of Petroleum continues to publish the daily petroleum marketing report on oil lifting and sales. In the same way, it is important that the proceeds from the sale of oil are published by RTGoNU in accordance with article 4.8.1.14.1 of the Agreement. 

Excellencies, Ladies, and Gentlemen,

20.  A conference on Transitional Justice Mechanisms took place in Juba, hosted by the Ministry of Justice and Constitutional Affairs (MoJCA) in collaboration with the High-Level Standing Committee on the Roadmap, from 15th to 18th May 2023. Some of the perspectives emerging from the conference stressed the importance of inclusivity, context specificity, victim participation, and indigenous processes. It is expected that these perspectives will inform and enrich the draft Commission for Truth, Reconciliation and Healing (CTRH) Bill and the draft Compensation and Reparation Authority (CRA) Bill. I urge the Ministry of Justice and Constitutional Affairs to fast-track completion of the two bills and present them to the reconstituted TNL for enactment. On the establishment of the Hybrid Court for South Sudan (HCSS), the African Union Commission and RTGoNU are yet to meet and discuss on the way forward.  

21.  Regarding the making of the Permanent Constitution, there is no significant progress to report in terms of the much-needed reconstitution of the National Constitutional Review Commission (NCRC) and the establishment of other critical constitution-making bodies. I request the RTGoNU to brief the meeting on this matter.

 Excellencies, Ladies, and Gentlemen,

22.  Overall, implementation of the R-ARCSS is far behind the Roadmap timelines, and there seems to be no sense of urgency. A lot of work remains to be done if the Roadmap timelines are to be adhered to as promised. In light of the aforementioned, I would like to make the following recommendations to the RTGoNU:

a.        consider settling the allowances of the NCAC national members so that discussions on the extension of its mandate to complete its work can move forward;

b.        undertake the redeployment of Phase 1 of the Necessary Unified Forces and proceed to Phase 2, and institute DDR programmes;

c.         expedite the establishment of the Special Reconstruction Fund and Board to help avail funds at this critical time;

d.        publish the proceeds from oil sales, in accordance with the Petroleum Revenue Management Act 2012, in order to improve transparency and accountability; and

e.        complete the drafting and submission of the CTRH and CRA legislation, following the successful conclusion of the Transitional Justice conference.

23.  In conclusion, the R-ARCSS remains a transformative blueprint for building a stable and resilient South Sudan, which is of great value not only to its citizens, but to the region as a whole, especially at this critical time. Therefore, it is imperative for the RTGoNU to inject additional impetus into the implementation of the Agreement to achieve the milestones it set for itself in the Roadmap. Furthermore, South Sudan needs the support of the region and international community, now more than ever.

24.  I wish you fruitful deliberations. 

I Thank You!