STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC TO THE 32ND RJMEC MONTHLY MEETING 

 THURSDAY, 5 OCTOBER 2023

JUBA, SOUTH SUDAN

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning.

1.   I welcome you to the 32nd meeting of the RJMEC. On 12 September 2023, South Sudan marked exactly five years since the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) was signed. The relative peace brought about by the R-ARCSS is a commendable achievement for which the people of South Sudan and the Parties to the Agreement are to be congratulated. The resulting stability has provided a more attractive enabling environment for investment, and increased infrastructural development, among others.

2.   Despite numerous challenges along the way, the Parties to the R-ARCSS have stayed the course of peace. However, a lot of work still remains to be done to complete the critical pending tasks necessary to effect South Sudan’s democratic transition. With 14 months left before elections, it is imperative for the Revitalised Transitional Government of National Unity (RTGoNU) to provide to the people of South Sudan clarity on election preparedness. 

3.   My statement this morning will provide updates on the most recent progress made in the implementation of the Revitalised Peace Agreement since our last meeting, RJMEC efforts to rally support for the South Sudan peace process, and I will conclude with recommendations.

Excellencies, Ladies, and Gentlemen,

4.   First, governance. Overall, there has been some progress related to legislative reforms. The NCAC resumed its work at the beginning of September following its second six-month extension to enable the review and amendment of six pending laws.

Since the resumption of its work, the Committee has completed drafting amendments to the NGO Act 2016 and the Relief and Rehabilitation Act 2016 and has begun work on the Investment Promotion Act 2009. The NCAC will provide further details in its report.

5.   On 18 September 2023, the reconstituted Transitional National Legislative Assembly (TNLA) passed the National Elections Act 2012 (Amendment) Bill 2023, which was then assented to by H.E. the President. The enactment of this law is an important step in realising the democratic aspirations of the people of South Sudan. RJMEC urges the Parties to expedite the reconstitution of the National Elections Commission (NEC), and the RTGoNU to resource it adequately, to enable it undertake its tasks accordingly.

6.   On 25 September 2023, the reconstituted TNLA also passed the Bank of South Sudan Act 2011, (Amendment) Bill 2023 and the Banking Act, 2011 (Amendment) Bill 2023. On 4 October 2023 the reconstituted TNLA also passed the Anti-Corruption Commission Act 2009, (Amendment) Bill 2023. The recently passed bills are now awaiting Presidential assent into law.

7.      In terms of the judicial reforms process, the ad hoc Judicial Reform Committee (JRC) has unfortunately not been able to continue its planned public consultations in the States and Administrative Areas due to funding challenges. The JRC will provide us with more update in this regard. I appeal to the RTGoNU and all partners to consider supporting the JRC to continue its work and conclude its important mandate.

8.      Regarding security, on the unification of forces, despite food and other supplies having been procured and distributed to the Training Centres, as well as the deployment of regional assessment teams by the JTSC, there is no new progress to report regarding the redeployment of Phase I Necessary Unified Forces (NUF), nor the commencement of Phase II NUF training.

9.      Furthermore, the Disarmament, Demobilisation and Reintegration (DDR) process has not progressed due to the lack of funding, and the Strategic Defence and Security Review (SDSR) Board has not yet finalised the policy documents needed to guide the transformation of the security sector. I would like to hear an update from the RTGoNU and the SDSR Board on these pending tasks.

10.  Concerning ceasefire violations, there are skirmishes allegedly between the SSPDF and armed youth in Pochalla, Pibor Administrative Area, and further reports of National Salvation Front (NAS) attacks in Central Equatoria. I therefore request an update on the security situation from the Joint Defence Board (JDB).

11.  Despite CTSAMVM’s operational and administrative challenges, as reported at the last Plenary, its Monitoring and Verification Teams and Senior Liaison Officers have been operating effectively and have produced seven violation reports since April 2023. However, these reports have not been published because the CTSAMVM Technical Committee (CTC) and the Board have not met since then. These outstanding reports include one on the Wunkur incident, concerning armed clashes between SSPDF and SPLM/A-IO along the common border between Panyikang County, Upper Nile State and Ruweng Administrative Area (RAA).

12.  In regard to resolving CTSAMVM’s operational and administrative challenges, IGAD has issued revised Terms of Reference for the CTSAMVM Chair and Board, and draft Terms of Reference for the CTC. RJMEC forwarded them to the Principals of the Parties, and the Chair of NTC, in the month of July, to effect the changes accordingly. I therefore appeal to the Principals to expedite the changes in the Terms of Reference and solve the matter of the CTC, as this would allow CTSAMVM to fully discharge its mandate of monitoring and verifying compliance of the Parties to the Permanent Ceasefire.

Excellencies, Ladies, and Gentlemen,

13.  Regarding humanitarian affairs, and securing humanitarian access and establishing safe humanitarian corridors, it is concerning to hear of the loss of life of two drivers working for UNICEF in Yei, Central Equatoria State, on 23 September 2023. This brings the total to 24 humanitarian workers who have lost their lives in the line of duty this year, according to UNOCHA. It is incumbent upon the RTGoNU to provide a safe and secure environment in which humanitarian assistance can be delivered. 

14.  In terms of guaranteeing the rights of refugees and returnees to return in safety and dignity, the increasing scale of humanitarian need, which has been deepened by the sudden influx of those fleeing the Sudan conflict, has resulted in an increasingly dire humanitarian situation in the border states. I therefore appeal to the RTGoNU and partners to provide further humanitarian assistance.    

15.  In terms of reforming the NGO Act 2016 to ensure that it complies with international best practice in regulating the activities of NGOs in South Sudan, it is welcome that the NGO Act Amendment Bill has been submitted to the Minister of Justice and Constitutional Affairs.

16.  Regarding economic, resource and financial management reforms, the RTGoNU recently presented data on oil revenue and expenditure for FY 2022/23 to the Public Financial Management Oversight Committee, which is a welcome development. Additionally, operationalisation of the Public Financial Management and Accountability Act, 2011 will make further improvements to overall transparency and accountability in the financial sector. 

17.  Further, I would like to commend the RTGoNU for organising the National Economic Conference in September that provided direction for the country towards achieving a diversified, inclusive stable and sustainable economy. 

It is therefore important that the outcome document of this conference informs the nation’s economic development strategy going forward.

Excellencies, Ladies, and Gentlemen,

18.  Regarding transitional justice, the bills for the Commission for Truth, Reconciliation and Healing (CTRH) and the Compensation and Reparation Authority (CRA) have been drafted and submitted to the Council of Ministers for approval. I look forward to hearing an update on the next stages of processing of these bills from the RTGoNU.

19.  In terms of the Permanent Constitution Making Process, the Parties and Stakeholders have all submitted the lists of their representatives to the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee of the National Constitutional Conference. This move is expected to pave the way for the reconstitution of the NCRC, which continues to be way behind schedule. I appeal to the President to expeditiously appoint the nominated NCRC members and reconstitute the Commission to commence its critical mandate.

Excellencies, Ladies, and Gentlemen,

20.       Pursuant to RJMEC’s mandate, since our last meeting, I briefed the Transitional National Legislative Assembly (TNLA) on the status of implementation of the Agreement and encouraged them to fast-track the pending bills before the House. Further, I have had several engagements within the region, and internationally. I briefed H.E. Omar Ismail Guelleh, President of the Republic of Djibouti, and Chairperson of the Assembly of IGAD Heads of State and Government, on the status of implementation of the Revitalised Agreement, and stressed the need for IGAD to remain engaged on the South Sudan peace process, especially as the Parties prepare for elections. I also briefed Hon. Mahamoud Ali Youssouf, Foreign Minister of Djibouti and Chairperson of the IGAD Council of Ministers.

21.       In addition, I briefed the visiting Deputy President of South Africa, H.E. Paul Mashatile, and I appealed to the Republic of South Africa, as the Chair of the AU C5, to rally its members to enhance their support to the peace process. At the international level, I briefed the Political and Security Council of the European Union in Brussels on the status of implementation of the Revitalised Agreement and appealed for their continued engagement in the South Sudan peace process. Similarly, I also briefed Mr. Andreas Kravik, Deputy Foreign Minister of the Kingdom of Norway in Oslo and provided an update on the status of implementation. I would like to thank EU Ambassador Timo Olkkonen and Norwegian Ambassador Linken Berryman for their commitment and effort in ensuring the success of these visits.

22.       Throughout all my engagements, it was evident that there is much goodwill to support South Sudan in the pursuit of sustainable peace and development. Therefore, expectations are that the Parties will adhere to the Agreement, increase the pace of implementation and demonstrate tangible progress in the completion of the critical pending tasks. 

23.       With this in mind, I would like to make the following recommendations to the RTGoNU and the Parties to the Agreement:

a)    expedite the reconstitution of the Political Parties Council, the National Elections Commission, and the National Constitutional Review Commission, all key institutions in the holding of free and fair elections;

b)    ensure that women’s representation in the political process attains the minimum 35% threshold, including in the Constitution-making bodies and the other institutions and commissions being reconstituted;

c)     complete the unification and redeployment of forces and provide adequate resources to the Security Mechanisms; 

d)    present the CTRH and CRA Bills before the TNLA for consideration and enactment without delay;

e)    the Parties to the Agreement to dialogue among themselves and agree on the practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections; and

f)     as elections approach, conduct civic education, fast-track the permanent constitution-making process and promote political and civic space to allow citizens to exercise their democratic rights. 

24.  In conclusion, the lack of sufficient progress and clarity on elections-preparedness, constitution-making, or unification of forces, each of which is a critical pre-condition for smooth and successful elections, is creating uncertainty. Given the achievement of having reached five years of relative peace, it is incumbent on the country’s leadership to consolidate the peace dividends to all its diverse communities through a democratic transition.

25.  wish you fruitful deliberations. 

I Thank You!

STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS INTERIM CHAIRPERSON – RJMEC, TO THE 31ST RJMEC MONTHLY MEETING THURSDAY, 10 AUGUST 2023 JUBA, SOUTH SUDAN

Honourable Ministers,

Excellencies,

Ladies and Gentlemen,

Good morning.

1.    Welcome to the 31st RJMEC plenary meeting. As you may recall, in December 2021, faced with delays in the implementation of the critical pending tasks of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), RJMEC requested the Parties and the Revitalised Transitional Government of National Unity (RTGoNU) to develop and present their plan and strategy on how they will implement the critical pending tasks of the Agreement, in the remaining period of the Transition, which was supposed to have ended in March 2023.

2.    In response, on 4th August 2022, the Parties to the Agreement endorsed the Agreement on a Roadmap to a Peaceful and Democractic End of the Transitional Period of the R-ARCSS. The Roadmap, which sought to extend the timeline of the Transitional Period by twenty-four months from February 2023, outlined a number of priority tasks with timelines that the Parties to the Agreement considered critical for completion, before the conduct of peaceful and democratic elections in December 2024.

3.    Therefore, as we mark the first anniversary of the endorsement of the Roadmap by the Parties, we should take stock on what has been achieved, what is pending, and what needs to be done in the remaining time of the extended Transitional Period.

4.    In my remarks this morning, I will first take stock of the critical pending tasks which in accordance with the Roadmap should have been completed by now, then highlight some recent steps forward since our last meeting, offer my recommendations, and then invite the RTGoNU, the Parties to the Agreement, and all of us here, to discuss this, and offer remedial guidance on the way forward.

Excellencies, Ladies and Gentlemen,

5.    Firstly, under the governance chapter. As per the Roadmap, by August 2023, the following pending tasks should have been completed by now, namely:

a.    the work of the ad hoc Judicial Reform Committee with a report presented to RTGoNU; review of the Judiciary Act and reconstitution of the Judicial Service Commission;

b.    the reconstitution of the Political Parties Council as well as other Institutions and Commissions at the national level, including the National Elections Commission, the bill for which is still before the reconstituted Transitional National Legislative Assembly (TNLA); and

c.    the drafting of amendments to relevant laws by the National Constitutional Amendment Committee (NCAC), and in this regard, six laws are yet to be reviewed, some are still with the Minister of Justice and Constitutional Affairs, others are before reconstituted TNLA, and the enacted ones are yet to be operationalised.

6.    Regarding preparations for elections, in addition to the amendment of the national election law and reconstitution of the National Elections Commission,  all the other tasks, including the reconstitution of the Political Parties Council, and establishment of election management structures at the sub-national levels, are still pending.

7.    Regarding Chapter 2 on the Transitional Security Arrangements:

a.    phase one of the Necessary Unified Forces has graduated but not yet been redeployed;

b.    unification of the mid-level echelons of the command structure is not complete;

c.    phase 2 is yet to commence;

d.    the Strategic Defence and Security Review Board has yet to complete its work; and

e.    Demobilisation, Disarmament, and Reintegration (DDR) is yet to start.

8.    Under Chapter 3 on humanitarian affairs:

a.    Review and amendment of the NGO Act to conform to international standards in regulating the operating environment of NGOs is still pending; and

b.    Establishment of the Special Reconstruction Fund and Board to help humanitarian and reconstruction efforts, and subsequent convening of the pledging conference, are still pending.

9.    Under Chapter 4 on economic, financial and resource management, the following key tasks are pending, among others:

a.    key pieces of legislation that determine the conduct of managing public funds, such as the Anti-Corruption Commission, the Audit Chamber, or the National Revenue Authority;

b.    development and implementation of the policies, strategies and programmes needed to achieve inclusive growth and sustainable development through the management of natural resources;

c.    the finalisation, legislating and implementing of both the Youth and Women’s Enterprise Funds bills to enhance livelihoods; and

d.    the development of an implementation strategy to ensure that the management of land and land-based resources is sustainable.

10.    Regarding Chapter 5 on Transitional Justice and Accountability, none of the three mechanisms envisaged by the Agreement is in place.

11.    In terms of the Chapter 6 on the permanent constitution-making process, despite the enactment of the Constitution Making Process Act 2022 eight months ago, the National Constitutional Review Commission (NCRC) and the Preparatory Sub-Committee (PSC), two critical institutions mandated to drive forward the constitution-making process, are yet to be reconstituted or established.


Excellencies, Ladies and Gentlemen,

12.    I will now highlight some recent steps forward since our last plenary meeting in July:

a.    In terms of constitution-making and elections preparations, RJMEC welcomes the expansion of the RTGoNU–UN Joint Taskforce to include the African Union and IGAD.

b.    Regarding CTSAMVM’s operational and administrative challenges, efforts have been made by IGAD and RJMEC to remedy the situation, and the matter now rests with the Principals.

c.    In terms of police reform initiatives, RJMEC takes note of the introduction of the Voluntary Civilian Disarmament Strategy by the Ministry of Interior. In this regard, the Disarmament of the Civil Population Bill 2023, recently approved by the Council of Ministers, once passed by the reconstituted TNLA and operationalised, will contribute significantly to the reduction of illegal arms in civilian hands.

d.    In terms of economic reforms, the recent approval of the revised Land Policy by the Economic Cluster is welcome, and its quick implementation will contribute to the reduction of conflict triggered by land-related disputes. Similarly, it is our expectation that the forthcoming economics conference will generate renewed impetus to the implementation of Chapter 4;

e.    Under transitional justice, the Ministry of Justice and Constitutional Affairs is in the final stages of completing the drafting of the CTRH and CRA Bills before submission to the RTGoNU Council of Ministers. I look forward to hearing an update on this from the RTGoNU.

Excellencies, Ladies and Gentlemen,

13.    It is evident that many milestones are still to be achieved, and yet it is barely 16 months away from elections. The questions which must be asked to the Parties and the RTGoNU include the following: is the implementation of the critical pending tasks as per the Roadmap on track, and at the appropriate pace? And will the pre-requisites for free and fair elections be implemented within timelines? And how?

14.    Given the time remaining, my recommendations to the RTGoNU regarding key elections-related tasks are as follows:

a)    expedite the reconstitution of the Political Parties Council and the National Constitutional Review Commission;

b)    expedite the enactment by the Transitional National Legislature of the National Elections Act, paving the way for the reconstitution of a credible and impartial National Elections Commission;

c)    expedite the completion of the unification of forces, and provide adequate resources to the Security Mechanisms;

d)    provide timely and sufficient resources for the implementation of all the critical pending tasks of the Revitalised Agreement;

e)    encourage the expansion of political and civic space for all South Sudanese to take part in the conversations surrounding their participation in the political process; and

f)    ensure that women’s representation in the political process attains minimum 35%, including in the Constitution-making bodies.

15.    In conclusion, it is my expectation that RJMEC members will reflect on the aforementioned assessment, and constructively engage the RTGoNU, including by identifying areas of requisite support to expedite implementation of the critical pending tasks highlighted. Finally, I appeal to the Principals of the Parties signatory to the Revitalised Agreement to consider meeting to take stock of implemention since the Roadmap was endorsed a year ago, and dialogue on how to implement the critical pending tasks in the remaining time.

I Thank You.

 

STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON – RJMEC, TO THE 30TH RJMEC MONTHLY MEETING, THURSDAY, 06 JULY 2023, JUBA, SOUTH SUDAN

Honourable Ministers, 

Excellencies, 

Ladies and Gentlemen,

Good morning!

1.   I welcome you to our 30th meeting of the RJMEC. It is our fourth meeting in the 24-month extended Transitional Period. We are now only seventeen months to elections scheduled for December 2024. To date, critical milestones as set out in the Revitalized Peace Agreement have not been accomplished in accordance to the timelines in the Roadmap.

2.   In my recent engagements, both within the region and at the international level, it is clear that there is a growing concern regarding the slow pace of implementation of the Agreement in view of the timelines set in the Roadmap. There is therefore need for concerted efforts to fast-track its implementation. 

3.   My statement this morning will highlight the recent RJMEC engagements with the Parties, other South Sudanese stakeholders, regional leaders, and the international community. I will then provide updates on the progress made since our last meeting and conclude with my observations and recommendations.

Excellencies, Ladies, and Gentlemen,

4.   Since our last meeting, I had the opportunity to meet with H.E. Salva Kiir Mayardit, President of the Republic of South Sudan where I briefed him on RJMEC’s assessment of the status of the implementation of the Agreement, as well as concerns over the slow pace of implementation of the critical tasks required for the conduct of credible elections by the end of the Transitional Period, namely redeployment of the Necessary Unified Forces (NUF); reconstitution of the National Constitutional Review Commission (NCRC), and preparation for the conduct of elections. His Excellency the President acknowledged RJMEC’s concerns, recounted the RTGoNU’s ongoing efforts to expedite implementation, and assured RJMEC of his government’s commitment to complete implementation of the critical pending tasks and to hold elections as scheduled.  

5.    I also met with H.E. Dr. Riek Machar Teny, First Vice President of the Republic of South Sudan, and discussed with him a wide range of issues about the implementation of the R-ARCSS, including the delay by the RTGoNU to complete critical tasks as per the Roadmap. His Excellency the First Vice President reiterated his commitment to implementation of the R-ARCSS to the letter and spirit in order to have credible elections.

6.   The RJMEC attended the 14th Ordinary Session of the IGAD Assembly of Heads of State and Government held in Djibouti on 12th June 2023, which among others, deliberated on the crisis in neighbouring Sudan and the peace process in South Sudan. Regarding the South Sudan peace process in particular, the Summit in its communique, among others, took note of the RTGoNU’s commitment to hold elections in December 2024 and urged the government to expedite implementation of key tasks critical for the conduct of the elections.   

7.   On 20th June 2023, I briefed the United Nations Security Council session in New York, on the RJMEC’s assessment of the status of the implementation of the R-ARCSS and our role in support of the peace implementation.  In the briefing, I appealed for international support to the peace process, including direct funding for some of the critical upcoming processes of the permanent constitution-making, election preparations, and the Disarmament, Demobilisation and Reintegration (DDR) program. The Security Council members urged the parties in South Sudan to work collectively to honour their commitments in the R-ARCSS and expressed their backing for strengthening the 35% quota for women as outlined in the R-ARCSS. However, they voiced concerns over the slow progress in implementing the R-ARCSS and failure to meet the agreed targets.  

8.   I also held separate meetings with the permanent representatives of the IGAD member states, AU C5 and UNSC A-3. I briefed them on the implementation of the R-ARCSS and appealed for support to the South Sudan peace process.

Excellencies, Ladies, and Gentlemen,

9.   In terms of the status of the implementation of the Agreement, I will now highlight key observations under each chapter of the Agreement.

10.  Under governance, the Judicial Reform Committee (JRC) has so far held stakeholder consultations in Western Bahr el Ghazal, Western Equatoria and Upper Nile States as well as in the Greater Pibor Administrative Area. Perspectives from these stakeholders will be critical in informing the JRC’s recommendations to the RTGoNU on judicial reforms. 

11.  In terms of legislative reforms, on 5th June 2023, the National Elections Act (Amendment) Bill 2023 and the Anti-Corruption Commission Act (Amendment) Bill 2023 were tabled before the reconstituted Transitional National Legislature (TNL) for consideration and enactment. I encourage the TNL to expedite this process and enact these laws. 

12.  Regarding the National Constitutional Amendment Committee (NCAC), the RTGoNU has extended its mandate for another four months to enable the Committee to complete its pending tasks, namely: to draft and complete amendments to the NGO, the Investment Promotion, the Mining, the Transport, the Pension Fund, and the Telecommunication Acts.     

13.  The delayed reconstitution of the Political Parties Council and other independent Institutions and Commissions at the national level continues to impede progress on the implementation of this chapter of the Agreement.

Excellencies, Ladies, and Gentlemen, 

14.  On the Permanent Ceasefire and Transitional Security Arrangements, the Permanent Ceasefire is still holding, which is a commendable achievement under Chapter II.  This notwithstanding, CTSAMVM reported alleged clashes between SPLA-IO forces and some defectors in Maiwut County of Upper Nile State. In Central Equatoria State, CTSAMVM reported increased National Salvation Army (NAS) attacks on both civilians and the SSPDF. There were also clashes allegedly between an SPLA-IO protection force from Panyikang County, Upper Nile State and an SSPDF protection unit from Ruweng Administrative Area which led to injury and loss of life. I would like to hear more from the JDB and CTSAMVM regarding these alleged clashes. 

15.  On the unification of forces, there is no new progress to report regarding the redeployment of Phase I Necessary Unified Forces, nor the commencement of Phase II NUF training. I would like to hear an update from the RTGoNU and the JDB on these pending tasks. 

16.  Regarding CTSAMVM’s operational and administrative challenges as reported in the last plenary, I have held several consultations with the concerned parties, the CTSAMVM leadership and the Executive Secretary of IGAD to resolve the issues raised. Consequently, IGAD has reviewed and endorsed the Terms of Reference of the CTSAMVM Chairperson and the CTSAMVM Board. In addition, it has given guidance on the draft Terms of Reference of the CTSAMVM Technical Committee (CTC). CTSAMVM leadership is therefore expected to brief the Board on these outcomes and to present the draft CTC Terms of Reference for endorsement.

17.  I would like to commend the SSPDF leadership’s efforts in inculcating discipline and holding the forces accountable as evidenced by its recent General Court Martials which tried 32 cases in Yei, Central Equatorial State. The accused soldiers and junior officers faced offences ranging from murder to sexual and gender-based violence. Sentences handed down included imprisonment, dismissal, reduction in rank, fines and compensation to the victims. It is encouraged that all other forces institutionalize accountability measures and take steps to prevent recurrence of such crimes, especially SGBV and for rehabilitation of victims.

18.  On police reforms, efforts are being made to reform the National Police Service as outlined in the National Policing Strategic Plan 2020–2024. In this regard, RJMEC welcomes the ongoing focus on preventing and investigating Sexual and Gender-Based Violence, including by strengthening the police capabilities in identifying and investigating SGBV cases. 

Excellencies, Ladies, and Gentlemen,

19.  In terms of humanitarian affairs, the onset of rains and the influx of refugees and returnees from Sudan continue to exacerbate the already severe humanitarian needs in the country. However, it is concerning that there is growing population of returnees who are stranded in Renk, Upper Nile State where conditions are deteriorating. I appeal to the RTGoNU and the international community to mobilize additional support for resettlement of the returnees. 

20.  On resource, economic and financial management, it is noted that there is progress in the budget process. However, there is need for the RTGoNU to fulfil its budgetary commitment of funding Agreement institutions which have continued to face recurrent financial challenges. In this regard, the RTGoNU is urged to create the fiscal space needed to implement the R-ARCSS. 

21.  Further, the RTGoNU is urged to ensure the establishment of effective public procurement and payroll systems and grant public service concessions, public borrowing and debt management to facilitate transparency and accountability in the public sector, as per articles 4.12.1 of the R-ARCSS.

22.  The importance of the private sector as the engine of economic growth cannot be overemphasized, especially in transition economies. It is therefore recommended that the establishment of the Enterprise Development Funds be prioritized in order to improve productivity and to provide the domestic private sector access to finance. In this regard, it is concerning that the legal frameworks for the Youth Enterprise Development Fund and the Women Enterprise Development Fund remain outstanding.

Excellencies, Ladies, and Gentlemen,

23.  On Transitional Justice, the drafting of the Commission for Truth Reconciliation and Healing (CTRH) and Compensation and Reparation Authority (CRA) Bills are in progress. It is understood that the two Bills have been substantially reviewed based on expert views arising from the recent Transitional Justice Conference and public consultations. I urge the RTGoNU to expedite completion of the two Bills.  

24.  Regarding the making of the Permanent Constitution, there is no further progress to report. The National Constitutional Review Commission (NCRC) is yet to be reconstituted and the other mechanisms like Constitutional Drafting Committee (CDC) and Preparatory Sub-Committee (PSC) for the National Constitutional Conference, have not yet been established as required by the Constitution Making Process Act.

25.  However, I am informed that the stakeholders have all submitted their lists of nominated representatives to reconstitute the National Constitutional Review Commission (NCRC) and establish the Preparatory Sub-Committee (PSC). The Parties have agreed on the allocation of membership within the NCRC and PSC. I urge the Parties to submit the list of their nominees in order to hasten the reconstitution of the NCRC and establishment of the PSC.  

Excellencies, Ladies, and Gentlemen,

26.  Overall, it is important to reiterate that in order to conduct free, fair, and credible elections as scheduled, there is need to achieve the following benchmarks in the R-ARCSS:

a.   Reconstitution and operationalization of the institutions tasked with the preparation and conduct of elections, namely the Political Parties Council and the National Elections Commission;

b.   Judicial reforms to enhance the capacity and independence of the judicial institutions to deal with elections-related disputes; 

c.   Completion of the unification and redeployment of forces in order to provide security throughout the electoral process;

d.  The making of the Permanent Constitution under whose provision elections shall be conducted; and 

e.   Improvement to the overall political and civic space to enhance public participation in the constitution-making and electoral processes. 

27.  In view of the aforementioned, it is important to underscore the need to deliberately hasten the pace of implementation of the Agreement. I would therefore like to make the following recommendations to the RTGoNU:

a.   provide adequate and predictable funding for the implementation of all the critical pending tasks of the Agreement;

b.   continue to consult and dialogue in the spirit of collegial collaboration and consensus to address emerging issues during the implementation of the Agreement;

c.    prioritize efforts aimed at promoting peace, reconciliation and healing at national and community level; 

d.   prioritize implementation of social service provision as outlined in the Budget Appropriation Bill 2023-2024 in order reduce economic vulnerabilty of ordinary citizens; and

e.    provide immediate support to returnees to enable them resettle and/or reintegrate in their communities or places of choice in safety and dignity. 

28.  In conclusion, as South Sudan marks its 12th independence anniversary, I would like to congratulate the people and government of South Sudan on this milestone and more importantly on sustaining the peace efforts over the last five years since the signing of the Revitalized Peace Agreement in 2018. South Sudan should seize this opportunity to consolidate the peace dividends and implement the critical tasks in the Roadmap so as to fulfil the aspirations of her people for justice, equality, respect for human rights and the rule of law. 

I Thank You!

 

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!

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.

 

 

STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI, CBS, INTERIM CHAIRPERSON - RJMEC TO THE 27th RJMEC MONTHLY MEETING 

Thursday, 2 March 2023

Juba, South Sudan

 Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

10.11 – 10.27

15.49

Good morning.

1.   A warm welcome to all of you to the 27th meeting of the RJMEC. As I informed you in our last meeting in January 2023, the year 2022 closed with the South Sudan peace process high on regional and international agendas. This has continued into 2023, and in the month of February, South Sudan welcomed high level visits from the Ecumenical Peace Pilgrimage, and the African Union Peace and Security Council. 

2.   These were timely and welcome solidarity visits, indicative of the world’s desire for lasting peace in South Sudan. It is our hope that the people of South Sudan were inspired by the strong messages of peace, forgiveness, and reconciliation delivered by the Peace Pilgrimage, and that these messages and gestures of solidarity will not be in vain. It is expected that there will be renewed focus on the timely implementation of the critical pending tasks of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS), dedicated funding by the Revitalised Transitional Government of National Unity (RTGoNU) going forward, unity of purpose, and a sense of urgency in order to deliver on the promises of the Roadmap towards peaceful and democratic elections in December 2024.

3.   It is commendable that the RTGoNU has just marked its third year of implementation of the Peace Agreement. However, as the 24-month extension period begins, I would like to underscore that the implementation of the Roadmap, ratified by the reconstituted Transitional National Legislature (TNL) late last year, is behind schedule. In particular, activities lagging behind include the unification and redeployment of forces, commencement of Phase 2, and the establishment of the institutions and mechanisms which will drive forward the constitution-making process and the preparations for elections.

4.   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, Roadmap deadlines missed, pending tasks, and conclude with recommendations.

Excellencies, Ladies and Gentlemen,

5.   First, governance. The National Constitutional Amendment Committee (NCAC) has continued with the reviews, amendment and drafting of legislation as provided for in its mandate. In the past month, it has handed over to the Minister of Justice and Constitutional Affairs the Bank of South Sudan Amendment Bill, 2023, and the Banking Amendment Bill, 2023. The Chair of NCAC will provide an update later this morning. 

 6.   I would like to commend the Presidency for resolving the contentious issue which delayed the passage of the National Security Service Bill, on the power of arrest and detention by the National Security Service. The spirit of this compromise is a valuable example which I hope can help guide the ongoing implementation of the Roadmap.

7.   I welcome the accession by the President of the Republic of South Sudan, H.E. Salva Kiir Mayardit, to, among others, the International Covenant on Civil and Political Rights, and the Protocol to The African Charter on Human and Peoples' Rights on the Rights of Women in Africa. The accession to these and other international and regional treaties are critical to the safeguarding of the fundamental human rights of the people of South Sudan. Their operationalisation will be important as the extension period proceeds. 

8.   On the ad hoc Judicial Reform Committee (JRC), which is established to study and recommend appropriate reforms, had its mandate extended for an additional 12 months. I hope that the Committee will now be able to complete its work in the shortest time possible. The JRC will update the meeting later this morning.  

9.   Notwithstanding the aforementioned, critical timelines have been missed in the implementation of governance tasks of the Roadmap. For example, according to the Roadmap, by now both the Political Parties Council and the National Elections Commission should have been reconstituted. These are two critical bodies required for the process of conducting credible elections. Further, the restructuring and reconstitution of the various commissions and institutions at national level should also have been completed by now. It is expected that the RTGoNU will brief the members this morning. 

10.         Next, security. No further progress has been reported with the unification of forces since the last monthly meeting. The completion of the unification of forces is a critical Roadmap task which should not be allowed to fall any further behind the timelines established by the Parties themselves. Equally important, Disarmament, Demobilisation and Reintegration (DDR) programmes to reintegrate former combatants into civilian life have not yet started. I therefore appeal to both regional and international partners to assist the RTGoNU in this effort.

11.        On the management of Cantonment Sites and preparations for Phase 2 training, it is expected that the troops will come with weapons. I would like to underscore the overall importance of the collection, registration, and storage of weapons and munitions to the Transitional Security Arrangements. I would like to hear from the relevant mechanisms on any updates regarding preparations for Phase 2, and whether there is any progress on the tasks of the Strategic Defence and Security Review (SDSR) Board. 

12.        On subnational violence, it is disappointing to hear of further incidents, such as the recent ones in Kajo Keji, Central Equatoria, and some areas close to Juba. Furthermore, violence has also been reported in Twic East County in Jonglei, as well as in Lakes State. In these cases, the loss of life and the displacement of civilians often results. As I have stressed before, it is the responsibility of the RTGoNU to restore permanent and sustainable peace, security, and stability. To that end, I welcome the announcement by the President on the resumption of the Rome peace process. I would also like to underscore the importance of reaching sustainable solutions for all incidents of subnational violence, as the RTGONU prepares for elections period.

13.        With regards to CTSAMVM, it is disappointing that its Monitoring and Verification Teams are unable to operate as per their mandate due to the non-payment of 10 months’ allowances of the National Monitors, which has led to their boycott. CTSAMVM plays an instrumental role in monitoring and reporting on compliance and violations of the permanent ceasefire and the transitional security arrangements. The reports it produces are objective, impartial and balanced, and are a collective effort by all the Parties, including the International Observers from the IGAD countries. As such, these reports build confidence and trust among the Parties to the Agreement, and the RTGoNU has a responsibility to ensure their members play their part. In addition, I am informed that the members of the other security mechanisms, the NCAC and the JRC, have also not been facilitated. I therefore appeal to the RTGoNU to immediately provide funds for the payment of CTSAMVM’s National Monitors, and the national members of all the Agreement mechanisms.  

Excellencies, Ladies and Gentlemen,

14.        On humanitarian affairs, the NGO Act 2016 is under review by the NCAC to conform to international standards and best practices. It is expected that the review of the NGO Act 2016 will help regularise and improve the operational environment for NGOs and humanitarian workers. The NCAC will provide more details.

15.        I would like to commend H.E. the President, and H.E. the First Vice President, for their recent meetings with IDPs, which draw much-needed attention to the plight of the IDPs. Both leaders emphasised the need for forgiveness, reconciliation and promoting the spirit of unity. These are key messages for two leaders to take around the country as the RTGoNU prepares for elections. It is encouraging to note that there are plans to provide security and basic services at the IDPs points of return as these are critical to the reintegration and the rebuilding of IDPs and returnees’ livelihoods. This undertaking lends urgency to the setting up of the much-delayed Special Reconstruction Fund and Board, which will pave the way for the pledging conference.

16.        On resource, economic and financial management, despite some progress registered in Public Finance Management (PFM) reforms, the amendment bills which should govern these reforms, submitted by the NCAC to the RTGoNU beginning in June 2022, have not yet been enacted into law. These bills include the Anti-Corruption Commission Bill, the National Audit Chamber Bill, the Public Financial Management and Accountability Bill, and the Petroleum Revenue Management Bill. It is important that these bills should be enacted and operationalised to underpin the PFM reform process outlined in the Roadmap. 

17.        In the management of natural resources, progress has been registered in policies and programmes related to petroleum, agriculture, wildlife and tourism and environmental protection. However, I would like to urge the RTGoNU to finalise the review, legislation and implementation of the Land Policy and the Land Act 2008, as this would address land administration challenges, including the resettlement of the IDPs and refugees.

Excellencies, Ladies and Gentlemen,

18.        In terms of transitional justice, I am informed that the Ministry of Justice and Constitutional Affairs has drafted bills on the Commission for Truth, Reconciliation and Healing (CTRH), and Compensation and Reparation Authority (CPA), and will conduct a stakeholder consultation on these two bills at the end of March 2023. With the February visit of the African Union Peace and Security Council, I hope that some progress will be made regarding the establishment of the Hybrid Court of South Sudan (HCSS), which is the responsibility of the African Union Commission and the RTGoNU.

19.        Regarding the making of the Permanent Constitution, the Constitution-making Process Act 2022 is yet to be operationalised. Several timelines have already been missed as per the Act. By now, the Parties and Stakeholders should have submitted their lists of nominees to the Minister of Justice and Constitutional Affairs to reconstitute the National Constitutional Review Commission (NCRC) and establish the Preparatory Sub-Committee (PSC). In addition, the recruitment of members to the Constitutional Drafting Committee (CDC) should be ongoing. These delays seriously undermine the progress of the entire constitution-making process, and consequently, the elections. 

 Excellencies, Ladies and Gentlemen,

20.        In RJMEC’s assessment, the RTGoNU is already way behind its own schedule set out in the Roadmap, and a lot of work remains to be done. There is urgent need for all of us, starting with the RTGoNU, to take concrete and deliberate steps to expedite implementation of the critical pending tasks as per the Roadmap. As RJMEC members, we should reconsider our current approaches and avail the requisite support to the implementation of the Peace Agreement with a focus on accelerating progress.

21.        Therefore, I would like to make the following recommendations to the RTGoNU:

a)   Provide adequate funding of the Roadmap tasks in a clear and predictable manner;

b)   Operationalise all the enacted laws, particularly those related to the permanent constitution and elections processes, to expedite the reconstitution of the Political Parties Council and the establishment of the bodies required by the Constitution-Making Process Act 2022, and expedite the enactment of the National Elections Bill; 

c)    Expedite the redeployment of the graduated forces, the harmonisation of ranks of the mid and lower-level commanders, the commencement of Phase 2 of unification of forces, the collection and management of weapons and munitions, and Demobilisation, Disarmament, and Reintegration (DDR);

d)   Facilitate the National Members of CTSAMVM to return to work, and pay allowances of all national members in the Agreement mechanisms;

e)   Facilitate the resettlement, reintegration and the rebuilding of livelihoods of returnees and IDPs;

f)     Enact and operationalise all PFM-related bills to facilitate the reforms and to improve transparency and accountability; and

g)   Complete the process of drafting the CTRH and CRA legislation and submit to the reconstituted TNL for enactment. 

 22.        In conclusion, the renewed commitment of the RTGoNU to implement the Roadmap in letter and spirit, as expressed at its press conference of 21st February, marking the start of the 24-month extension of the Transitional Period, is encouraging. Given the time pressures in the Roadmap, I call upon the RTGoNU to demonstrate its ownership of the process and its commitment by availing the requisite resources to the implementing mechanisms and institutions. I also appeal to all partners and friends of South Sudan to support the RTGoNU’s efforts to facilitate progress.

I Thank You.

 

 

 

 

 

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

 

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.        I welcome you all to the 25th meeting of the RJMEC. We last met on 17 November, four weeks ago, and we are here today following a period of focused and intense regional engagements. There have been recent meetings of the IGAD Council of Ministers, the African Union Peace and Security Council, and the United Nations Security Council, during which the fast-tracking of the peace process in the Republic of South Sudan has been top of the agenda, as it was at the recent Sixth Governor’s Forum. 

2.        On 30 November 2022, RJMEC attended and engaged with the IGAD Council of Ministers at its 48th Ordinary Session in Khartoum, Sudan, and addressed the African Union Peace and Security Council on the same day. I also briefed the UN Security Council last night. 

3.        With respect to the IGAD meeting, allow me to highlight some of the critical resolutions made concerning implementation of the Revitalised Peace Agreement: 

a) the Council welcomed the roadmap; 

b) urged the RTGoNU and Parties to implement the Roadmap in letter and spirit; 

c) decided to undertake a joint ministerial visit to Juba; 

d) to hold a bi-annual Extraordinary IGAD Council of Ministers meeting to review progress in implementation of the Revitalised Peace Agreement; and 

e) to convene a meeting of the IGAD Chief of Defence Forces to assess the immediate needs of CTSAMVM.

4.        Regarding the AU Peace and Security Council meeting held on 30 November, it reiterated the commitment of the AU as a guarantor of the Revitalised Agreement, requested that its Panel of the Wise visit South Sudan, and it also decided to undertake a solidarity visit to South Sudan on the third anniversary of the formation of the Transitional Government on 22 February 2023. Clearly, RJMEC’s appeals regarding the importance of consolidating our efforts, speaking with one voice, and bringing our collective leverage to bear and push for timely implementation of the Roadmap has been taken seriously, and this augurs well for South Sudan.

5.        I also had the opportunity recently of briefing the President of the Republic of Kenya, H.E. Dr. William Ruto, on issues related to the Revitalised Peace Agreement. Furthermore, the holding of the Inter-Parliamentary games here in Juba, featuring so many Members of Parliament from the East African region, is a very positive signal. 

6.        The leaderships in the region and beyond have shown their determination to urgently build on recent progress in order to push for more implementation. Therefore, it is incumbent upon the Revitalised Transitional Government of National Unity (RTGoNU) to match that level of determination in the pace of implementation of the Roadmap. 

7.        Furthermore, the recently concluded Sixth Governor’s Forum, with the theme ‘Accelerating the implementation of the Revitalised Peace Agreement in accordance with the Roadmap 2022’, also provided a high-level platform to deliberate the issues which are critical to the timely implementation of the Agreement. 

8.        Thus as we come to the close of the year 2022, my statement this morning will only highlight the most recent developments in the implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) in accordance with Roadmap since our last Plenary. I will focus on progress made, outstanding tasks within the Roadmap timeframe, and conclude with recommendations.

Excellencies, Ladies and Gentlemen,

9.        First, governance. Since we last met, the National Constitutional Amendment Committee (NCAC) has made significant progress drafting key priority legislation, with the National Elections Act 2012 and Anti-Corruption Commission Act 2009 both recently completed and submitted to the Minister of Justice and Constitutional Affairs. Additionally, the NCAC has begun its review of the National Revenue Authority Act, and the Bank of South Sudan Act, and the Banking Act to ensure alignment with the R-ARCSS. That said, these bills are yet to be presented to the Council of Ministers or tabled to the Transitional National Legislature.  I urge further progress in this regard.

10.    Next, security. The graduation on 21 November in Malakal, Upper Nile State, brings the total of those graduated in Phase 1 of the unification of forces to approximately 49,000 out of the target 53,000. As reported at the last Plenary, commencement of Phase 2 of forces was to have begun by 30 September 2022. It is expected that Phase 2 will involve troops assembling in the Cantonment Sites with weapons ready to move to training areas. I look forward to receiving an update from the Joint Defence Board.

11.    Next, regarding CTSAMVM verified violations of the Transitional Security Arrangements. In my last plenary statement, I highlighted two violation reports, namely, Sexual and Gender Based Violence in Koch and Leer Counties of Unity State, and the torture and killing of three civilians in Kiri Boma of Kajo Keji County, Central Equatoria State. I would like to report that RJMEC received a response from the SSPDF Chief of Defence Forces on the latter, who informed us that the investigation was concluded, and the matter is before the court. In the same vein, it is important that RJMEC’s other letters about violation reports are responded to. 

12.    Since the last Plenary, CTSAMVM has written further violation reports about denial of access, information and harassment of CTSAMVM personnel at Wunliet Cantonment Site in Central Equatoria State, and recruitment and training in Northern Bahr el Ghazal state. CTSAMVM will provide further details. 

13.    As highlighted in our recent joint statement of RJMEC, UNMISS, the African Union Mission in South Sudan, IGAD, and some members of the international community, RJMEC is deeply concerned over the escalating violence in both Upper Nile and Jonglei States with innocent lives being lost, thousands displaced, livelihoods and property destroyed. If not addressed urgently, the wider ramifications of such violence could destabilize the ongoing implementation of the Peace Agreement. It is important that CTSAMVM, which reports to RJMEC, be given the necessary resources to investigate and evaluate such incidents of violence. 

14.    In terms of humanitarian affairs, according to UN OCHA, an estimated 9.4 million people are expected to have humanitarian and/or protection needs in 2023, an increase of half a million people since 2022. As we know, there are growing concerns that the magnitude and severity of humanitarian needs are persistent and rising. Therefore, I would like to reiterate the importance of the establishment of the Special Reconstruction Fund, a critical coordinating mechanism for recovery and development efforts. I appeal to the RTGoNU to establish the Board of the Special Reconstruction Fund, and for it to work closely with partners to mobilise the requisite resources, including through the South Sudan pledging conference.

15.    On the management of economic and financial resources, it is encouraging to note that overall, the RTGoNU has registered some milestones in policy reviews and the management of natural resources, agricultural policies, strategies and programmes. The National Land Policy is now in its final stage. However, the policy for the management and use of the country’s waterbodies, including but not limited to the River Nile that was prioritised in the Roadmap, is yet to be developed.

16.    On Chapter 5, transitional justice, RJMEC expects public consultations with refugees and persons in the diaspora to commence soon to further guide the drafting of the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH). The Ministry of Justice continues to undertake expert consultations that will inform the Compensation and Reparation Authority (CRA) legislative framework. RJMEC urges the Ministry to complete this phase of the process and expedite the drafting of the CTRH and the CRA Bill.

17.    On Chapter 6, the parameters of the permanent constitution, I am informed that the Constitution-making Process Bill 2022 passed by the Transitional National Legislature (TNL) has not yet been submitted to the President for assent to become law. This is important to kickstart the reconstitution and appointment of the relevant institutions essential for the making of the new constitution, which include the National Constitutional Review Commission, the Preparatory Sub-Committee for the convening of National Constitutional Conference, and then, the Constitution Drafting Committee.

18.    Meanwhile, it is important to note that the Agreement institutions and mechanisms, such as the NCAC, Judicial Reform Committee, CTSAMVM, among others, are critical to the ongoing implementation of the Agreement. It is essential that the allowances of their national members continue to be paid in order to facilitate their work, and I would like to receive a report from the National Transitional Committee on this matter. 

Excellencies, Ladies and Gentlemen,

19.    As I have said previously in this forum, peaceful and democratic elections are within our reach, and are possible in the next 24 months, if we focus our collective efforts on facilitating progress. My recommendations to the RTGoNU are as follows:

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

b)   urge the reconstituted TNL to expedite the processing of all Bills before the Legislature;

c)    commence with Phase 2 of the unification of forces, which is overdue, and avail funding and political support to the DDR programmes, which is an essential component of the unification of forces; 

d)   address subnational violence, especially in Upper Nile and Jonglei States, hold perpetrators accountable, and take steps to address the root causes and protect civilians and their property;

e)   kickstart preparations for the reconstitution and appointment of the critical Constitution Making mechanisms and institutions, including giving due attention to the 35% level of women’s participation, as well as taking note of youth and people living with disabilities; and

f)    take note of both the communiques from the 48th Ordinary Session of the IGAD Council of Ministers and the 1123rd meeting of the AU PSC from their 30 November meetings on South Sudan.

20.    In conclusion, I would like to highlight the first resolution of the Sixth Governor’s Forum, which affirmed the “commitment of the States and the Administrative Areas to implementation of the R-ARCSS through the Roadmap 2022.” With this in mind, and against the backdrop of the diplomatic support affirmed at the recent IGAD, AU Peace and Security Council and UN Security Council meetings, RJMEC expects that progress should be more rapid and substantial in the new year 2023. 

21.    As I told the Governor’s Forum, there are immense tasks and expectations ahead, and even with the extension, time is of the essence. The people of South Sudan deserve nothing less than total implementation of the Roadmap in letter and spirit in order to enjoy the peace dividends that it brings.

22.    I would like to finally take this opportunity to wish each one of you a very Merry Christmas, and may the New Year bring you the strength and impetus to continue with the important work of building durable peace in South Sudan.

I Thank You.

STATEMENT BY H.E. AMB. MAJ GEN (rtd) CHARLES TAI GITUAI CBS INTERIM CHAIRPERSON - RJMEC TO THE 24th RJMEC MONTHLY MEETING 

Thursday, 17 November 2022, Juba, South Sudan 

Honourable Ministers, 

Excellencies, 

Distinguished Ladies and Gentlemen, 

Good morning. 

1. I welcome you all to the 24th meeting of the RJMEC. Since the last regular meeting of the Plenary, which was in July, we have seen a number of notable things. Key among them include: 

a. phase 1 of the graduation of forces has begun and continues in earnest with approximately 42,500 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 of the President; 

c. implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (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. 

Excellencies, Ladies and Gentlemen, 

2. As you may all be aware, the Roadmap contains tasks which are already being implemented, and there are others which should have been completed by now. RJMEC has therefore been keenly monitoring the progress or lack thereof in the implementation of the Agreement since our last meeting, and I hope that you all received a copy of our most recent quarterly report covering this period. 

3. My statement this morning will therefore focus on the most recent developments in the implementation of the Roadmap since our last plenary, highlight progress made, challenges faced, upcoming tasks and deadlines for the RTGoNU and conclude with RJMEC efforts and recommendations. 

Excellencies, Ladies and Gentlemen 

4. First, governance. In the recent period, we have seen the passing of numerous pieces of legislation by the Reconstituted Transitional National Legislature, including the SSPDF Bill, the Wildlife Service Bill, the National Police Service Bill, the Political Parties Bill, the Constitution-making Process Bill, and the ratification of the Roadmap. This is welcome progress. I urge that the Reconstituted Transitional National Legislature now shifts its focus to other outstanding pieces of legislation. 

 

5. Since its reconstitution in May 2022, the National Constitution Amendment Committee (NCAC) has made significant progress drafting amendment bills, four of which have already been submitted to the Minister of Justice and Constitutional Affairs, and it has made progress in the review of the National Elections Act, 2012. The Chairperson of the NCAC will give us more details this morning. 

6. With respect to judicial reforms under Article 1.17 of the R-ARCSS, the Judicial Reform Committee (JRC) continues to work independently in sub-committees, as well as in plenary meetings. They have begun consultations with the judiciary, and other rule of law institutions on areas of judicial reforms. Some progress is therefore being made in this regard, albeit with many challenges, including lack of resources. 

7. The restructuring and reconstitution of the Institutions and Commissions at the national level, as per article 1.19, is pending. As this process gets underway, it is important to pay particular attention to the mandate and appointments to ensure their independence and accountability. Further, it is imperative that these Institutions and Commissions are staffed with personnel with the necessary merit and technical expertise, as well as having an appropriate gender balance. 

8. On the subject of elections, the Roadmap indicates that they are scheduled to take place in December 2024. For smooth and successful elections to take place, it is imperative that the following crucial tasks are fully implemented: 

  1. a. provision of 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; 
  2. b. the making of the permanent constitution upon whose provision elections will be conducted; 
  3. c. completion of the unification and redeployment of the Necessary Unified Forces (NUF); 
  4. d. reconstitution of the Political Parties Council and its immediate operationalisation; 
  5. e. amendment of the National Elections Act, 2012 to conform to the terms of the Peace Agreement and reconstitution of a competent and impartial National Elections Commission (NEC) to conduct elections; 
  6. f. implementation of programmes for relief, protection reconstruction, repatriation, resettlement, rehabilitation and reintegration of refugees, IDPs and returnees; 
  7. g. Early preparations for election processes, including voter registration and thereafter publication of the voters register six months prior to elections; and 
  8. h. preparation by all security forces for elections-related security tasks at least six months before the end of the Transitional Period. 

 

Therefore, among the numerous other important tasks that the Roadmap details, I urge particular focus on these tasks outlined above. 

9. Next, security. Since the last ordinary Plenary, as I mentioned at the outset, graduation of the forces has begun in earnest. Despite all the challenges of resources and logistics, it is commendable that around 80% of Phase 1 of the Necessary Unified Forces have graduated. The Parties to the R-ARCSS and the RTGoNU leadership are to be commended for this, and we acknowledge all those friends and partners who provided support in this process. 

10. In line with the Roadmap deadlines, it is noted that redeployment of graduated NUFs was to have taken place by 30 September 2022. However, this is still pending, and I have been informed that they have instead been returned to their training centres, and have not received any salary. Furthermore, commencement of Phase 2 of forces currently in Cantonment Sites and barracks was to have begun by 30 September 2022. I look forward to receiving an update on these matters from the Joint Defence Board. 

11. It is also important to note that there are still some key issues regarding the Transitional Security Arrangements to be completed requiring particular focus, including; 

 

a. Finalisation of the Strategic Defence and Security Review documents; 

b. Provision of clear and predictable funding for the DDR Commission and its programmes; and 

c. A clear plan for the management of weapons from troops going to training centres. 

12. CTSAMVM continues to monitor and report violations of the Permanent Ceasefire, despite current operational challenges. I have written to the responsible Parties about the violation reports, including for example, Sexual and Gender Based Violence in Koch and Leer Counties of Unity State, and the torture and killing of three civilians in Kiri Boma of Kajo Keji County, Central Equatoria State. These reports were submitted to RJMEC by CTSAMVM, calling for action. RJMEC wrote to the responsible Parties, but until now, despite the seriousness of these violations, no response has been received on the action taken. I would therefore like to remind the Parties of their responsibility to respond to RJMEC in accordance to the Agreement. 

13. On the Rome peace process, some SSOMA groups were to have declared their forces to CTSAMVM, and integrated their monitors into its structures. This has not happened so far, and I would like to hear more on the Rome process from the RTGoNU. 

14. Regarding humanitarian affairs, flooding continues to compound the dire humanitarian situation. According to OCHA, over 1 million people are verified as affected by torrential rains and flooding in 36 counties across South Sudan. Overall, the magnitude and severity of humanitarian needs continues to rise, due to the cumulative effects of prolonged community-based conflicts, widespread flooding, and high levels of food insecurity. Also of concern is the safety and access of humanitarian workers and their assets. This year, it is sad to note that eight humanitarian workers have lost their lives in South Sudan. 

15. According to the Roadmap, the Special Reconstruction Fund programme and a detailed action plan for the reconstruction of conflict affected states and other areas was to have been established by 30 August 2022, and provided with initial funding of not less than USD 100 million per annum. This is important as it paves the way for convening the South Sudan pledging conference. In this regard, I would like to remind you of the 11 July Communique of the African Union Peace and Security Council, which strongly encourages the RTGoNU to “expedite the establishment of the Board for Special Reconstruction Fund (BSRF), so that the AU Commission, the UN and IGAD, working in collaboration with the Government, can expeditiously organize the South Sudan Pledging Conference.” Bearing this in mind, I urge the RTGoNU to expedite the establishment of the SRF without delay. 

 

16. On Chapter 4 on Resource, Economic and Financial Management, some progress has been registered in the management of petroleum resources, and reforms are ongoing. Furthermore, agricultural policies and strategies and programmes are being developed. Overall, however, public financial reforms have been slow. Audits designed to enhance the transparent management of the petroleum resources (such as the cost recovery audit and environment audit) are yet to be completed. However, the audit of the Government’s Financial Statements has commenced. Furthermore, the Roadmap highlights provisions related to the management of financial resources, due to be completed by 22 November 2022. This includes the review of the banking laws, appointment of the Auditor General, and review of the Fiscal and Financial Allocation Monitoring Commission. I look forward to receiving an update from on the activities of the Public Finance Management Oversight Committee from the Hon. Minister of Finance this morning. 

Excellencies, Ladies and Gentlemen, 

17. On Chapter 5, transitional justice, public consultations to help guide the legislation establishing the Commission for Truth, Reconciliation and Healing (CTRH) are ongoing. The Ministry of Justice and Constitutional Affairs is reviewing an interim report based on the consultations thus far, and has begun drafting the CTRH bill. According to the Roadmap, however, the CTRH legislation was expected to have been promulgated by 30 October, and its activities to have commenced by the end of November. This indicates that the process is behind schedule. 

18. The Ministry of Justice is also undertaking consultations with partners on good practices that will inform the Compensation and Reparation Authority legislative framework that responds to the South Sudanese context. I urge the Ministry to complete these processes and initiate these legislations for public and Parliamentary discussion. In terms of the establishment of the Hybrid Court for South Sudan, I appeal to the RTGoNU and the African Union to expedite its establishment. 

19. Regarding the Permanent Constitution Making Process, the Constitution Making Process Bill 2022 was passed by the reconstituted Transitional National Legislature last month, and is now awaiting the President’s assent to become law. I appeal to H.E. Salva Kiir Mayardit, President of the Republic of South Sudan, to assent to this bill to pave the way for the reconstitution of the National Constitutional Review Commission (NCRC), and establishment of the Preparatory Sub-Committee for the convening of National Constitutional Conference. Under the Bill, the Parties and other Stakeholders to the Agreement shall nominate and submit a list of their nominees to the taskforce within 30 days after the coming into force of the Bill. 

20. The Reconstituted NCRC will then recruit the members of the Constitution Drafting Committee (CDC). I urge the Parties and stakeholders’ groups, who will be represented in the various constitution making bodies, to begin considering their nominees accordingly. 

Excellencies, Ladies and Gentlemen, 

21. Since the last Plenary, I have held a number of consultations with the leadership of the RTGoNU, including the First Vice President, and all the four Vice Presidents and Cluster Heads to discuss the status and prospects of implementation of the Roadmap. They expressed their commitment to the implementation of the Roadmap. I also consulted with H.E. Dr Workneh Gebeyehu, the Executive Secretary of IGAD, about the South Sudan peace process, and to explore additional ways in which IGAD can marshal support and enhance its visibility in the implementation of the Roadmap. 

22. Even though the implementation is still within the Agreement period, part of which is covered by the Roadmap, progress has been slow and there is need for urgency. According to our evaluation of the Roadmap, of those tasks meant to have been started or completed by November, only 50% have been implemented, or are ongoing. With that in mind, I would like to make the following recommendations to the RTGoNU: 

a. Prioritise implementation of the Roadmap tasks within the given timelines; 

b. Avail predictable, timely and adequate funding for all Roadmap tasks; 

 

  1. c. Expedite the enactment of all outstanding bills; 
  2. d. Complete phase 1 graduation and redeployment of the Necessary Unified Forces, and commence with phase 2, which is overdue; 
  3. e. Fund DDR programmes as an essential component of unification of forces; and 
  4. f. Fast track the establishment and operationalisation of the Commission for Truth, Reconciliation and Healing. 
  5. 23. In conclusion, with the adoption of the Roadmap, it is vital to stress the need for heightened urgency. The people of South Sudan, who are the primary beneficiaries of this Peace Agreement, have waited a long time to reap the benefits of peace. It is therefore of utmost importance to implement the Roadmap in letter and spirit. I would also like to reiterate the critical role of this Commission, and our collective responsibility to monitor and evaluate the Agreement implementation. 
  6. 24. It is my conviction that peaceful and democratic elections are possible at the end of the 24-month extension period, if we all change our approach and strategy. I would like to close with the following points. 
  7. a. First and foremost, the RTGoNU must demonstrate the urgency, the unity of purpose, the commitment, the extra effort and political will required to implement the tasks outlined in the Roadmap as scheduled; 
  1. b. Secondly, you as RJMEC members, individually and collectively, need to enhance your approaches in engaging the RTGoNU and the various Agreement institutions and mechanisms with a strong focus on facilitating progress; 
  2. c. Thirdly, it is incumbent on you, RJMEC members, to enhance your oversight approach through the RJMEC Working Committees, which includes RTGoNU representatives, to identify and flag key priority tasks that require the RTGoNU’s early attention and action; and 
  3. d. Finally, there is need for us to consolidate our efforts, speak with one voice, and bring all our collective pressure to bear and push for the timely implementation of the Roadmap, thereby creating the conditions for the conduct of free, fair and credible elections. 

I Thank You. 

Honourable Members, 

Ladies and Gentlemen,

Good afternoon!

1.   As Interim Chairperson of RJMEC, it is my responsibility to communicate the outcome of today’s Extraordinary plenary.

2.   You, the RJMEC members, have deliberated and pronounced yourselves on 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.’ 

3.   Two questions were asked. The first:

“Do you as RJMEC members wish to make a decision on the extension of the Transitional Period today, or after three (03) months to give the RTGoNU time for consultations with the citizens before any extension? 

35 voted in favour of making the decision today, while 3 voted in favour of extending by three months. 4 members did not vote. 

On the second question:

“Do you as RJMEC Members Consent or Not Consent to the extension of the Transitional Period, effective 23rd February 2023 to 22nd February 2025?” 

4.   The result was as follows: 37 out of 42 members present today voted in favour, 4 did not vote while one was absent. 

5.   Article 8.4 of the R-ARCSS requires that at least two-thirds of the voting members consent to an amendment.  Therefore, according to the procedures set out in the Revitalised Agreement, the motion is CARRIED.

6.   The proposed amendment to Article 1.1.2, which extends the Transitional Period and term of RTGoNU until 22nd February 2025, now requires ratification by the Reconstituted Transitional National Legislature, according to the constitutional amendment procedures set out in the Transitional Constitution of the Republic of South Sudan - TCRSS, 2011 (as amended).

7.   As a next step, I will be submitting our decision and the accompanying resolution to the RTGoNU to consider RJMEC’s position and recommendation in this regard. Amongst the key observations made are as follows: 

  • The new spirit of cooperation exhibited by the Parties in the agreement on the Roadmap, ending of SPLM/A-IO boycott of the Reconstituted TNLA, graduation of the first batch of the Necessary Unified Forces, as well as recent breakthroughs achieved in the meetings of the Presidency is welcomed. 

8.   I would like to encourage the Parties to continuously dialogue, work together to enhance the rebuilding of trust and confidence in the peace process, by taking concrete steps to address all the key impediments to progress in the implementation of the Agreement.

9.   We identified a number of tasks in the Roadmap, whose deadlines have already passed, and in this regard I wish to urge the RTGoNU to review and update the timelines in the Implementation Matrix contained in the Annex of the Roadmap for tasks whose timelines have already passed prior to its submission to the reconstituted TNLA.

10.        About the concerns expressed over the limited nature of the consultations conducted prior to the development of the Roadmap, I  urge the RTGoNU Parties to implement the Roadmap in an inclusive manner, including by continuously consulting with all relevant stakeholders, and civil society actors, during its implementation. 

11.        Finally, I urge the RTGoNU to demonstrate full and unwavering political will and commitment to implement all the priority tasks set out in the Roadmap, in accordance with the letter and spirit of the Revitalised Peace Agreement and to implement additional interim measures, including an economic recovery plan to improve the current business environment.

I Thank You.  

STATEMENT BY H.E. AMB. MAJ GEN (RTD) CHARLES TAI GITUAI  INTERIM CHAIRPERSON, RJMEC TO THE 2ND EXTRAORDINARY RJMEC MEETING, THURSDAY, 1ST SEPTEMBER 2022, JUBA, SOUTH SUDAN

Honourable Members, 

Ladies and Gentlemen,

Good morning!

1.   I welcome you all to the 2nd Extraordinary meeting of the RJMEC. As you may recall, the 1stExtraordinary meeting of RJMEC was held about three and a half years ago, on 19th February 2019, during which the National Pre-Transitional Committee (NPTC) presented its detailed budget, roadmap, financing needs and status of the implementation of the Pre-Transitional activities, as well as financial and other challenges impeding implementation of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS).

2.   Pursuant to Article 7.12 of the R-ARCSS, RJMEC is mandated to hold regular meetings, and to convene Extraordinary meetings as may be required. Accordingly, and as per rule 3.2 of the Rules of Procedure of RJMEC, I have convened today’s Extraordinary meeting for members to deliberate and pronounce themselves on 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, the ‘Roadmap’.

3.   At this point, I would like to congratulate the Parties to the R-ARCSS and the RTGoNU leadership upon the significant milestone achieved two days ago with the graduation of the first batch of the National Unified Forces. As I said in my remarks at the ceremony, the graduation of the almost 22,000 unified forces was a remarkable achievement. There is now an urgent need to build on the momentum generated by completing graduation of Phase I in Greater Bahr el Ghazal and Greater Upper Nile, and proceed with Phase II of the unification of forces.   

Honorable Members, Ladies and Gentlemen,

4.   In the 9 December 2021 RJMEC Plenary meeting, the RJMEC members through Resolution 2 acknowledged the growing concerns over the slow pace of implementation of the R-ARCSS, and recommended to the RTGoNU “to develop a clear roadmap and timeline for the implementation of the critical pending tasks in the remaining period of the Transitional Period.” The need for a roadmap and strategy was further endorsed in the 10 February 2022 RJMEC Plenary meeting, and Resolution number 6 records that the RTGoNU committed to develop and present a clear roadmap towards elections at the end of the Transitional Period in due course. In particular, tasks lagging behind included the unification of forces, the making of the permanent constitution and enactment of crucial bills to facilitate implementation of other provisions of the R-ARCSS which are prerequisites for the conduct of peaceful, credible and democratic elections at the end of the Transitional Period.  

5.   In response to the RJMEC’s request, the RTGoNU developed a roadmap, which was endorsed by its Council of Ministers on 5 August 2022. It was then submitted to RJMEC on 10 August 2022, along with the Council’s Resolutions, both of which have been shared with you all. 

6.   The Roadmap seeks to extend the Transitional Period and term of office of the RTGoNU for twenty-four months, which requires the amendment of Article 1.1.2 of the R-ARCSS. As you are aware, Article 8.4 of the R-ARCSS provides for the procedure for any amendment of the Revitalised Agreement. Specifically, it states that provisions of the R-ARCSS may be amended by the Parties with at least two-thirds of the members of the Council of Ministers of the RTGoNU, and at least two-thirds of the voting members of RJMEC consenting to the amendments, followed by ratification by the reconstituted TNLA in accordance with the procedure for Constitutional amendment under the TCRSS 2011 (as amended).

Honorable Members, Ladies and Gentlemen,

7.   In my opinion as Chair of RJMEC, the criteria against which the Roadmap can be evaluated should include whether: 

a)   it contains the critical tasks that the RTGoNU will implement to secure lasting peace in South Sudan and for the conduct of a peaceful and democratic end of the extended Transitional Period;

b)   it is consistent with the R-ARCSS, which remains the supreme document; and

c)    the timelines are realistic and clearly benchmarked for the implementation of the critical pending tasks of the Agreement. 

8.   These criteria, and any other issues members may raise, should be the focus of our deliberations today. 

Honorable Members, Ladies and Gentlemen,

9.   In conclusion, following RJMEC’s request, and having received the Roadmap from the RTGoNU, I invite all members to deliberate and pronounce themselves on the Roadmap, including the requirement for amending article 1.1.2 which would extend the Transitional Period for twenty-four months.  

10.        I wish you fruitful deliberations.

I Thank You.