BRIEFING By H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS , INTERIM CHAIRPERSON, AT THE LAUNCH OF THE , JOINT AFRICAN UNION COMMISSION – INTER-GOVERNMENTAL AUTHORITY ON DEVELOPMENT POST-CONFLICT NEEDS ASSESSMENT FOR SOUTH SUDAN, WEDNESDAY, 11 MAY 2023, JUBA, SOUTH SUDAN

-       Hon. Stephen Par Kuol, Minister of Peacebuilding

-       Your Excellency, Dr Ismail Wais, IGAD Special Envoy for South Sudan

-       Your Excellency, Amb. Naohiro Tsutsumi, Ambassador of Japan to South Sudan 

-       Representative of the African Union Commission,

-       Dr Samuel Doe, Resident Representative of the United Nations Development Programme

-       Representative of the World Bank

-       Country Director of the African Development Bank

-       Distinguished Ladies and Gentlemen.

Good morning.

1.   It is my pleasure to brief you all this morning at the launch of this important initiative, and I would like to express my sincere thanks to IGAD and the African Union Commission for giving me this opportunity. Furthermore, I would like to commend both organisations for coming together in support of their member state South Sudan at this timely juncture. With the Transitional Period of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) recently extended by 24 months, and elections due in December 2024, all possible support is truly welcome as much remains to be done at this critical time. 

2.   The stated objective of the post-conflict needs assessment, which is ‘enhancing the efforts of the Revitalised Transitional Government of National Unity (RTGoNU) towards the full implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS)’, is appreciated. In particular, I am pleased to see that one of the outcomes to the needs assessment is to highlight opportunities for support, including modalities for the establishment of the Special Reconstruction Fund (SRF) as per Article 3.2 of the Revitalised Peace Agreement. As we all know, the lack of funding has been a huge challenge since the Agreement’s signing, and the SRF is a mechanism required to raise and transparently manage funds for the reconstruction effort and the implementation of the Agreement. I am hopeful that the ‘rigorous and all-inclusive’ needs assessment that this initiative is intended to deliver will help to create a springboard from which the RTGoNU can establish and operationalise the SRF.

3.   In this regard, I would like to deliver a chapter-by-chapter briefing on the status of the implementation of the R-ARCSS, including key achievements made, some critical pending tasks, recurring challenges and key milestones that need to be reached as South Sudan looks towards elections. 

Excellencies, Ladies and Gentlemen,

4.   At the outset, I would like to point out that February 2023 marked exactly three years since the formation of the RTGoNU, and elections are scheduled to be held in December 2024. While there has been considerable progress made towards the implementation of some provisions of the R-ARCSS to date, it has been slow and many critical tasks of the Agreement are still not implemented. Within this extended Transitional Period, a greater sense of urgency is required by all stakeholders in order to adhere to the timelines set out in the Roadmap.  

Chapter 1: Governance

5.       With regards to Chapter 1 on the RTGoNU, a number of tasks have been completed, key among these being: 

a.    formation of government structures at the national and sub-national levels, including the executives and legislative assemblies;

b.    incorporation of the Revitalised Peace Agreement into the Transitional Constitution of the Republic of South Sudan (TCRSS) 2011, as amended;

c.    legislative reforms undertaken through the National Constitutional Amendment Committee (NCAC) reviews, and drafting amendments of requisite pieces of legislation. Only six laws are pending in this regard; 

d.   enactment by the reconstituted Transitional National Legislature of numerous pieces of legislation, including five out of six security related laws, the Constitutional Amendment Bills, the Political Parties Act 2022 and the Constitution Making Process Act 2022; and

e.    establishment and operationalisation of the ad hoc Judicial Reform Committee (JRC) in pursuance of its mandate, which is to study and recommend appropriate judicial reforms. 

6.       The process of restructuring and reconstituting the Institutions and Commissions at the national level, as per article 1.19 of the R-ARCSS, is not yet concluded. In addition, the task of establishing an independent Constitutional Court  and tasks relating to the amendment of the national elections law, reconstitution of the Political Parties Council, National Elections Commission and preparations for the conduct of elections, are still pending. 

Chapter 2: Permanent Ceasefire and Transitional Security Arrangements

7.   On the Permanent Ceasefire and Transitional Security Arrangements (TSA), the completion of Phase I graduation of approximately 55,000 unified forces is a commendable step. The next priority tasks are the redeployment of the graduated forces, the commencement of training of Phase II of unified forces, the collection and management of weapons and munitions, and Demobilisation, Disarmament, and Reintegration (DDR). That said, the lack of funding to all the security mechanisms, especially to the DDR Commission is of great concern, as DDR is an integral component of the unification of forces. Furthermore, the development of the Strategic Defence Review policy paper is pending.

Excellencies, Ladies and Gentlemen,

Chapter 3: Humanitarian Assistance and Reconstruction

8.     On humanitarian affairs, some humanitarian corridors which were opened have facilitated the free movement of goods, supplies, services and people across borders. This has enabled some voluntary returns, though some 2.3 million are still being hosted in neighbouring countries. 

9.     However, overall, the magnitude and severity of humanitarian needs continues to rise, due to the cumulative effects of prolonged intercommunal conflicts, widespread flooding, and high levels of food insecurity. More than nine million people are projected to need humanitarian assistance and protection this year according to UNOCHA, while efforts by humanitarian agencies to reach those in dire need are further hampered by reduced funding. The humanitarian situation in South Sudan is further challenged by the influx of refugees and returnees from Sudan following the outbreak of conflict there. Also of concern is the safety and access of humanitarian workers and their assets, who deliver much-needed assistance to those in need.

10. With this in mind, the focus that the needs assessment places on the establishment of the Special Reconstruction Fund (SRF) and Board is very important. Once the SRF is established, in accordance to Article 3.2.8, IGAD, the African Union and the UN are expected to collaborate in convening the Pledging Conference to resource the fund, and to support the implementation of the Agreement. 

Chapter 4: Economic, Resource and Financial Management

11. Under Chapter 4 on Resource, Economic and Financial Management, overall, economic reforms have been slow, and greater and more rapid progress is needed. However, there has been some progress made with regards to environmental protection and in the management of natural resources, in particular greater transparency in the production and marketing of petroleum resources. Meanwhile, the work of the Public Finance Management Oversight Committee continues to improve the overall transparency and accountability in the management of the country’s finances.

12. In other areas, crucial building blocks for sustainable development in South Sudan are being developed, such as agricultural policies, and strategies and programmes to address food security. Further, the legal and institutional framework for Youth and Women Enterprise Development Funds to build small and medium enterprises are also being developed. 

Excellencies, Ladies and Gentlemen,

Chapter 5: Transitional Justice

13. Chapter 5 of the R-ARCSS on transitional justice envisages the establishment of three mechanisms, namely the Commission for Truth Reconciliation and Healing (CTRH), the Hybrid Court for South Sudan (HCSS) and the Compensation and Reparation Authority (CRA). None of these have yet been established.  However, the Ministry of Justice and Constitutional Affairs has undertaken country-wide consultations and prepared draft bills on the establishment of the CTRH and CRA, and the African Union Commission has initiated its engagement with the RTGoNU on the establishment of the Hybrid Court for South Sudan.

Chapter 6: Parameters of the Permanent Constitution

14. With regards to the making of the permanent constitution, the Consitution Making Process Act was assented to by the President of the Republic of South on 21st December 2022, setting in motion the timeline for the constitution making process, but today, over four months later, no progress has been made in this regard.

15. Considering the Roadmap timelines, the following institutions should have been reconstituted or established by now: the National Constitutional Review Commission (NCRC) and its Secretariat, the Preparatory Sub-Committee for the National Constitutional Conference, and the Constitutional Drafting Committee to kick-start the constitution-making process. These delays are particularly concerning, given that a people-led and people-owned constitution is a critical legal framework which will guide the conduct of elections in December 2024.

Excellencies, Ladies and Gentlemen,

16. Overall, as aforementioned, completing the unification of forces, the making of the permanent constitution, and preparations for elections in December 2024, are among the critical tasks which remain pending. Given the magnitude of the tasks ahead and the slow pace of implementation, RJMEC has urged all parts of the RTGoNU to redouble efforts, work collaboratively, in a collegial and consultative manner, and to expedite implementation and provide much-needed resources and leadership to the implementation of the Peace Agreement. The support of international partners and friends of South Sudan in this regard is also crucial.

17. In conclusion, there are challenges ahead for the R-ARCSS to be fully implemented in letter and spirit. However, besides the challenges, there is plenty of potential in the country of South Sudan, and a population deeply deserving of peace and sustainable development. I wish the consultants every success in their endeavour, and as RJMEC, we stand ready to assist their work as part of our mandate. 

I Thank You.