STATEMENT

BY

H.E. MAJ GEN CHARLES TAI GITUAI (RTD)

INTERIM CHAIRPERSON, RJMEC

TO THE

19thRJMEC MONTHLY MEETING 

Thursday, 28 October 2021

Juba, South Sudan

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.   I welcome you all to the 19thmeeting of the RJMEC. In recent weeks, I have maintained my initiative of regional diplomacy in order to help South Sudan remain on the agenda of IGAD and its member countries. In early October, for example, I held high level meetings in Addis Ababa, Ethiopia and Djibouti, where in particular, I impressed upon H.E. Demeke Mekonnen, Deputy Prime Minister of Ethiopia, and the IGAD Executive Secretary Dr. Workneh Gebeyehu, the importance of the Transitional Security Arrangements (TSA), among other vital tasks. 

2.   I would like to remind all members that they have by now received a copy of the third RJMEC quarterly report 2021, a copy of which appears in your folders in front of you. Our assessment is that “more than half-way through the Transitional thirty-six-month period, progress in implementation is relatively slow. Some progress has been registered particularly within Chapter 1 of the Agreement led by the formation of the RTGONU, establishment of the Transitional National Legislative Assembly (TNLA), and formation of the state government.” The report also states that “the most important tasks of the Transitional Security Arrangements (TSAs, Chapter 2) have not been fully implemented.”   

3.  Today, I will provide an update on the status of implementation of the Revitalised Agreement on the Resolution of the Conflict in South Sudan (R-ARCSS) since our last monthly meeting, highlight key developments, outstanding tasks, challenges requiring remedial action, and conclude with recommendations. 

Excellencies, Ladies and Gentlemen 

4.   Regarding governance and the status of implementation of Chapter 1 of the Revitalised Peace Agreement, the full reconstitution of the Transitional National Legislature (TNL) at the national level is a welcome development. So far, the RTGoNU Council of Ministers has approved the five of the six security bills, as well as the Constitutional Amendment Bill, and the Permanent Constitution-Making Bill. Other important legislations which are still pending includes the National Security Services Bill and the Political Parties Bill. The timely enactment of these laws is critical to the transitional processes and reforms envisaged in the Agreement. I therefore urge the TNL to ratify these bills, preferably before the end of the year.

5.   A properly functioning government requires the full operation of the three branches of government, the executive, the legislative and the judiciary, at both the national and subnational levels. In that regard, I note that the state legislatures, which are critical to complete the state level governance structures, are not yet in place. Therefore, I urge that the Parties expedite the reconstitution of the State Legislatures in order to enable them perform their subnational duties. Furthermore, I reiterate my appeal for the RTGoNU to expedite the reconstitution of the Commissions and Institutions at the national level as stipulated in the agreement.

6.   In regard to the establishment of the Ad-hoc Judicial Reforms Committee (JRC), which is mandated to study and recommend appropriate judicial reforms to the RTGoNU, the SPLM/A-IO, SSOA, FDs, and OPP have already submitted their nominations. Still pending are the nominees of ITGoNU, and the IGAD appointees who are to Chair and Deputise the Committee.I urge both the ITGoNU and IGAD to finalise their nominations to the JRC. 

7.   Regarding chapter 2 on security, there has been little progress on the Transitional Security Arrangements (TSA) since my last report.  Earlier this month, the Presidency directed that plans and preparations for graduation of unified forces should be completed within four weeks. Consequently, the Joint Defence Board (JDB) was tasked to deploy three joint implementation teams to the Training Centres in Greater Upper Nile, Greater Bahr El Ghazal and Greater Equatoria. Their task is to screen, select, and organise the trainees into unified formations in preparation for graduation. Trainees who left the training centres have been ordered to return. It is my expectation that the directive of the Presidency is carried out in a timely manner. However, critical issues that remain unresolved in the TSAs include the unified command structure, force ratios between the Parties, disproportionate numbers of senior ranks, funding for sustaining the personnel in Cantonment Sites and Training Centres, as well as funding for the DDR Commission.

8.   The security situation in Tambura in Western Equatoria is still of great concern as large numbers of civilians remain displaced. Humanitarian assistance is hampered by the lack of secure access to areas where it is needed. However, CTSAMVM reports that the presence of the JDB team in Tambura over the past month has played a vital role in stabilising the situation. I look forward to hearing more about this from CTSAMVM and the JDB. I also call upon the RTGoNU, the State Government, traditional leaders and religious leaders to continue to work together and address the root causes of the situation in Tambura for the long-term solution.  

9.   Regarding the internal disagreements within the SPLM/A-IO following the Kit Gwang declaration, we continue to appeal to the two groups to resolve their differences through dialogue. I equally appeal to all Parties to the R-ARCSS who experience internal disagreements to endeavour to resolve those differences in an amicable manner within their parties’ constitutional framework and in accordance with the provisions of the R-ARCSS where applicable, particularly in regard to article 2.1.8, and 2.1.10.4.

Excellencies, Ladies and Gentlemen 

10.       According to UNOCHA, there are 700,000 people affected by flooding in 27 counties across eight states since May 2021, with the worst affected States reported as being Jonglei, Unity, Northern Bahr el Ghazal and Upper Nile.  Over two-thirds of the flood-affected counties are confronted with high levels of food insecurity, poor access to basic services and face the threat of water borne diseases. I commend all those who have extended assistance to help the flooding situation, but more resources are required to alleviate the suffering of those affected. The scale of humanitarian need in South Sudan should focus our minds on the urgency of establishing the overdue Special Reconstruction Fund (SRF), which is clearly much needed. In this regard, I urge the RTGoNU to work closely with international partners to establish the Board of the SRF without further delay.

11.       Furthermore, the safety of humanitarian workers remains a major concern. Of the 174 humanitarian access incidents reported by UNOCHA in the third quarter of this year, 97 were violence and threats against humanitarian personnel and assets. I would like to urge the RTGoNU and all concerned parties to ensure the protection and safety of aid workers to enable the delivery of much needed humanitarian services. 

12.       On Resource, Economic, and Financial management, key institutions required to ensure a transparent and accountable public sector, including the National Audit Chamber and the Anti-Corruption Commission, need to be reconstituted. I urge the RTGoNU to give these institutions the attention required. Within the context of the reforms to the petroleum sector as stipulated under article 4.8 on resource management, I welcome the ongoing efforts to rationalise and streamline the sector, especially issues related to environmental impact, human resource management, and accountability and transparency in the management of oil resources. Furthermore, I understand that an environmental audit is underway in accordance to Article 4.9, and I expect to hear from the RTGoNU about when it will be complete and its outcomes. 

13.       With regards to Transitional Justice, public consultations on the establishment of the Commission on Truth Reconciliation and Healing (CTRH)are yet to commence as required under Article 5.2.1.3. The Technical Committee on the establishment of the CTRH has developed a 6-month work plan and a budget, which is yet to be funded. I appeal to the RTGoNU and the international community to support the work of the Technical Committee. On the Hybrid Court for South Sudan (HCSS), I understand that the African Union Commission and the Ministry of Justice and Constitutional Affairs have been holding talks to discuss modalities of establishing the Hybrid Court. I look forward to an update from the RTGoNU.

14.  With regards to the Permanent Constitution-making Process under Chapter 6, I commend the decision of the Council of Ministers to endorse the Constitution Making Process Bill 2021 this month. I call upon the reconstituted TNL to prioritise the enactment of this important bill. This will pave the way for the reconstitution of the National Constitutional Review Commission (NCRC) and establishing of the Constitution Drafting Committee (CDC). These institutions are required in order to kickstart what is expected to be a national and people-centred constitution-making process in South Sudan. 

Excellencies, Ladies and Gentlemen,

15.       In conclusion, some progress has been made in the areas of governance, economics, transitional justice, and the constitution-making process. However, a critical concern remains on the Transitional Security Arrangements, especially the unification of forces, their redeployment and the DDR process, which as I have said many times is the backbone of the Agreement.

16.       I would therefore like to make the following recommendations to this meeting:

a)   urge the RTGoNU to expedite the approval of the revised National Security Services Bill and the Political Parties Bill;

b)   urge the reconstituted TNL to fast-track its handling of all bills due to be ratified, including the Permanent Constitution Making Process Bill 2021 before the end of year;   

c)    urge the RTGoNU and IGAD to finalise their nominations and the establishment of the ad-hoc Judicial Reforms Committee;

d)   urge the RTGoNU to make financial resources available for the completion of the Transitional Security Arrangements, including graduation and redeployment of unified forces, as well as for DDR programmes;

e)   appeal to the leadership of the Parties to urgently resolve the issue of the ratio of the unified forces and the unified command structure of the Necessary Unified Forces;

f)    urge the RTGoNU and partners to expedite the establishment of the Board of the Special Reconstruction Fund; 

g)   urge the RTGoNU to continue with all reforms required in Chapter 4, including the National Audit Chamber and the Anti-Corruption Commission as per Articles 4.4 and 4.5; and

h)  appeal to the RTGoNU and international community to support the work of the Technical Committee on the CTRH. 

17.       Lastly, I wish to reiterate my concern that we are already behind the agreed timelines and the implementation schedule. According to the timelines of the Agreement, it is 16 months to the end of the Transitional Period. Despite all that has been achieved, a lot remains to be done. I would like, therefore, to request the RTGoNU to provide members in our next meeting with a plan on how it will implement the outstanding tasks in the remainder of the Transitional Period.  

I wish you fruitful deliberations.  

Thank you. 

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning. 

1.  First of all, I would like to take this opportunity to wish you all a Happy Independence Day which took place on 9 July 2021, and for our Muslim brothers and sisters, I wish you an Eid Mubarak.

STATEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 16THRJMEC MONTHLY MEETING, THURSDAY, 4 FEBRUARY 2021, JUBA, SOUTH SUDAN

HonourableMinisters, 

Excellencies, 

Distinguished Ladies and Gentlemen,

Good morning.

1.  I would like to start by welcoming you to our first monthly meeting of 2021, and by wishing you all a Happy New Year. I hope it will be a year where all of us demonstrate dedication and commitment to achieve the required level of implementation of R-ARCSS. There is need to make progress, and for this to happen the onus is on the RTGoNU to strategise, mobilise the required resources and increase the pace of implementation of the Peace Agreement.

2.  This month will mark one year since the formation of the RTGoNU and commencement of the Transitional Period.  The question that should be on all our minds is how much progress have we achieved to date, and what tasks lie ahead of us.  Since the last monthly meeting, the RJMEC has actively engaged with the Presidency, Parties to the Agreement, regional and international partners, stakeholders and adherents, and relevant RTGoNU line ministries. In addition, RJMEC has written to the Chairperson of the IGAD Heads of State and Government and the Secretary of the IGAD Council of Ministers. The focus of these engagements has been on highlighting critical issues pertaining to the Agreement, and ways to improve on the pace of implementation.    

3.  Today I will provide an update on the status of implementation of the R-ARCSS since our last monthly meeting, highlight key outstanding issues and recurring challenges and conclude with my recommendations. 

Excellencies, Ladies and Gentlemen, 

4.  On governance, it is encouraging to report that there have been some developments since our last meeting. The Presidency in their fourth meeting on 9 December 2020 discussed and agreed on steps to be taken pursuant to the implementation of the pending governance arrangements, including reconstitution of the Transitional National Legislative Assembly (TNLA), and the Council of States. In view of the above, I welcome the resolutions of the meeting of the Presidency on Tuesday 2 February, and I look forward to their full implementation.   

5.  On 30 December 2020, the President appointed six Deputy Governors for the states of Eastern Equatoria, Western Equatoria, Jonglei, Lakes, Unity and Western Bahr el Ghazal.  Then on 22 January 2021, three Deputy Governors were appointed for Central Equatoria, Northern Bahr el Ghazal and Unity states. Finally, on  29 January 2021, the  Governor and Deputy Governor of Upper Nile state were appointed. I note that three of the Deputy Governors are women, of whom two were nominated by the OPP and one by the SPLM/A-IO. However, this falls short of the 35 percent women representation required in the Agreement. There is, therefore, need for more women to be appointed in the state executive positions. 

6.  Furthermore, on 18 January 2021, the Parties to the R-ARCSS initialled an agreement on responsibility-sharing positions in the three Administrative Areas of Abyei, Greater Pibor and Ruweng. The positions were shared between ITGoNU, SPLM/A-IO, and SSOA.

7.  In regard to the nomination of members to the TNLA, it is still the case that only the Former Detainees have submitted the list of  nominees to the National Constitution Amendment Committee (NCAC), as per the requirement in the Agreement. I, therefore, urge the I-TGoNU, SPLM/A-IO SSOA and OPP to submit their lists of nominees to the NCAC for their due diligence in order to ensure that the process of reconstitution of the TNLA is completed. I also reiterate my appeal to the Parties to adhere to the 35 percent level of women’s representation in their nominations.

8.  Similarly, there are other tasks on governance that require the RTGoNU to expedite their implementation. These include the establishment of the ad-hoc Judicial Reforms Committee (JRC), and restructuring and reconstitution of various Commissions and Institutions at the national level as stipulated in the Agreement.  

9.  Implementation of the Transitional Security Arrangements (TSA)is intended to underpin a stable and secure future for the people of South Sudan. Unfortunately, there is no progress reported on the training, graduation and redeployment of Necessary Unified Forces (NUF) under Phase I. Outstanding issues are the establishment of a unified command structure for the NUF, and finding a solution to the ‘ranking’ process and the management of excess senior officers. 

10.      There are also serious ongoing challenges within the cantonment sites and training centres. This fact was emphasised in a joint statement following a recent visit organised by RJMEC, of the AU, the IGAD Special Envoy and the IGAD and AU C5 ambassadors to training centres in Maridi and Rajaf. It was disheartening to observe that a lack of food and other essential resources, such as medicines, shelter and separate facilities for women, has led to the suffering of the trainees, and to some trainees abandoning the training centres. The protracted delays and passing of time without progress is detrimental to lasting peace in South Sudan. Furthermore, implementation of the Disarmament, Demobilisation and Reintegration (DDR) process has not gone forward since my last statement.

11.       In an effort to drive forward implementation of the Transitional Security Arrangements, RJMEC convened a joint seminar with the National Transitional Committee, Security Mechanisms and DDR Commission. The seminar examined current and future risks and challenges, set priorities, and agreed on a set of recommendations.     

12.       Also of importance is the work of the Strategic Defence and Security Review Board (SDSRB), which must finalise the first stage of its tasks by completing the Board Strategic Security Assessment, the National Security Policy Framework and the revised Defence and Security Policy in line with the requirements of the R-ARCSS. Completion of these tasks of the SDSRB is critical to the formation of a unified army and other security services.

13.       On sexual and gender-based violence (SGBV), the CTSAMVM Technical Committee produced a report on SGBV incidents and trends. This report is available on the CTSAMVM website. I urge continued focus on investigating, arresting, prosecuting and sentencing perpetrators of SGBV crimes.

Excellencies, Ladies and Gentlemen, 

14.       On the humanitarian situation, according to OCHA’s recently published Humanitarian Needs Overview, 8.3 million people in South Sudan are estimated to need humanitarian assistance in 2021, up from 7.5 million in 2020. 72 counties are facing extreme needs, five counties are in severe need and one county is in catastrophic need, which is Pibor, Jonglei. This calls for a greater need for funding and humanitarian responses in 2021 on the part of the RTGoNU, in collaboration with the aid agencies.

15.       It is also concerning to note that humanitarian workers face increasing numbers of bureaucratic access impediments and security threats. I would like to hear from the RTGoNU which steps are being taken to address the growing concerns of humanitarian access.  

16.       With regard to economic and financial management, I note the efforts of the Public Financial Management Oversight Committee in building the capacity of the government to implement its reform strategy that is aligned to the R-ARCSS. However, I wish to reiterate the need for the establishment of the Economic and Financial Management Authority (EFMA) to report to the RJMEC on progress in implementation against individual provisions in Chapter 4.

17.       I welcome the recently updated annual petroleum reports from the Ministry of Petroleum. The public availability of these reports contributes to increased transparency in the oil sector. I would also like the RTGoNU to provide an update on the status of operationalising the oil revenue funds (Oil Stabilization Account and the Future Generations Fund) and restructuring the National Petroleum and Gas Commission, and the Nile Petroleum Corporation, as required in Chapter 4 of the R-ARCSS. 

18.       Concerning transitional justice, healing and reconciliation, I am pleased to note that the roadmap for implementation of Chapter 5,  proposed by the Minister of Justice and Constitutional Affairs to the Council of Ministers has been endorsed. The Council has now authorised the Minister to establish the Commission for Truth Reconciliation and Healing, the Compensation and Reparations Authority, and the Hybrid Court for South Sudan, in accordance with the R-ARCSS. I appeal to the Minister to commence the stakeholders’ consultations on these three mechanisms and expedite their establishment.

19.       With regard to the constitutional making process under Chapter 6, some progress has already been made in preparation towards convening the workshop for the Parties to agree on the details of conducting the Permanent Constitution-making process. This includes two rounds ofsensitisation meetings with some of the representatives of the Parties, the Other South Sudanese Stakeholders and relevant rule of law institutions and mechanisms. In this regard, we appreciate the commitment of the Max Planck Foundation, the institute which RJMEC has engaged to facilitate this workshop.

20.       However, the workshop could not take place at the end of January as originally planned, because the ITGoNU did not submit the list of its representatives to the workshop. RJMEC will communicate the new date for the workshop after receiving the list from the ITGoNU. I want to reiterate the importance of this workshop whose outcome will form the basis of the legislation to be enacted to govern the constitutional making process.RJMEC is working closely with the Ministry of Justice and Constitutional Affairs and other relevant actors to make sure that this workshop is a success.

Excellencies, Ladies and Gentlemen,

 21.       Our latest Quarterly Implementation Status Report is available and I’m confident that you have all received copies. Furthermore, a summary report of the Pre-Transitional Period is also available, and a copy has been provided to you this morning. Overall, progress has been slow, and a lot of ground remains to be covered. As we approach the one-year anniversary of the Transitional Period, I urge you all to take steps that will contribute to increasing the pace of implementation of the Agreement.

22.       I note that the RJMEC Working Committees are already meeting, and I thank members for their engagement so far. I appeal to all RJMEC members to continue taking the work of these committees seriously, and to participate fully in their meetings. We will soon organise a review workshop to take stock of the status of the implementation of the Agreement chapter by chapter, and the Working Committees will take lead in this review. 

23.    I would like to conclude with the following recommendations to this meeting.

 a)   Urge the Parties to expedite the appointment of all personnel to the government structures at the sub-national level, while observing the 35% level for women’s representation;  

b)   Prevail on the ITGoNU, SPLM/A-IO, SSOA and OPP to immediately submit their nominations to National Constitutional Amendment Committee in order to facilitate the long overdue reconstitution of the Transitional National Legislative Assembly (TNLA) and the Council of States, while observing the 35% level for women’s representation; 

c)    Appeal to the I-TGoNU to immediately submit the list of its representatives to the permanent constitutional process workshop to facilitate timely planning and its convening without delay;

d)   Urge the RTGoNU to adequately fund the Transitional Security Arrangements, and to expedite and complete the unification of forces, and ensure well-coordinated DDR;

e)   Urge the RTGoNU to drive forward the work of the Strategic Defence and Security Review Board (SDSRB), which must finalise the first stage of their tasks in line with the requirements of the R-ARCSS;

f)    Urge continued focus on investigating, arresting, prosecuting and sentencing perpetrators of Sexual and Gender-Based Violence crimes, as well as continued training and sensitisation on SGBV issues within the Organised Forces;

g)   Urge the RTGoNU to proceed in a timely manner with the establishment of the three Transitional Justice mechanisms, including through public consultation in collaboration with other stakeholders and civil society; and

h)  Urge the RTGoNU to avail the necessary resources for the implementation of the Peace Agreement.

24.       Lastly, 9 July this year will mark ten years of independence for South Sudan. It is incumbent on all of us to push hard on the implementation of the Revitalised Peace Agreement so that the ten-year celebrations will mark not only the milestone of a decade of independence, but also significant progress in the implementation of the Peace Agreement.

Thank you. 

STATEMENT BY H.E. MAJ. GEN. (RTD) CHARLES TAI GITUAI INTERIM CHAIRPERSON, RJMEC TO THE 14th RJMEC MONTHLY MEETING

 Wednesday, 30 September 2020

Juba, South Sudan

HonourableMinisters, 

Excellencies,

Distinguished Ladies and Gentlemen,

Good morning.

1.  It is my pleasure to deliver this statement to you this morning. We all meet once again after a long pause. This year has been challenging and unpredictable in many ways, but the one constant has been the commitment of all those present here to the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). I believe that our presence here today is testament to that, and that we have latelypassed the two-year anniversary since the Agreement was signed on 12 September 2018 is likewise an important milestone to note. 

Excellencies, Ladies and Gentlemen,

2.  I am also honoured for this opportunity to lead the RJMEC. I firmly believe that with your support and continued commitment and guidance, we can make our contribution to the implementation of the Revitalised Peace Agreement and to the building of sustainable peace in the Republic of South Sudan. I commend my predecessor H.E. Lt. General (rtd) Augostino S.K. Njoroge for his work in this regard, and I look forward to building on his efforts and continuing from where he left off. Since my arrival, I have been fortunate to meet with a wide range of personalities and institutions including the President, the Presidency, several Ministers of the RTGoNU, the diplomatic community, and numerous civil society organisations, all of whom have made me aware of the issues, in addition to my staff at the Secretariat.

Excellencies, Ladies and Gentlemen,

3.  As I said in my briefing to the African Union Peace and Security Council two weeks ago, the path to sustainable peace is never easy, and the Parties to the Peace Agreement should be commended for staying the course of peace in the past two years since the signing of the Revitalised Agreement, challenges notwithstanding.  I want to again congratulate H.E. President Salva Kiir Mayardit, President of the Republic of South Sudan, and the Parties to the Agreement for providing the environment in which progress in its implementation has been made so far. Equally, I would like to seize this opportunity to congratulate H.E. President Salva Kiir for successfully steering the Sudan peace process. This success bodes well for the continued implementation of the Revitalised Peace Agreement in South Sudan.

4.  Furthermore, all the other Parties and stakeholders to the Peace Agreement should be commended for playing their crucial roles towards its implementation. More broadly, we applaud the people of South Sudan who have played their part in encouraging the Parties to reach this point, and it is for the benefit of the nation as a whole that all of us endeavour to achieve enduring peace in South Sudan.

5.  In my statement today, I will highlight the key issues in the status of implementation of the Revitalised Peace Agreement since our last monthly meeting, including some recurring issues, and I will then conclude with my recommendations on the way forward. Considering that we have had such a long pause since the last meeting, I expect to hear detailed reports from each of the presenters this morning, particularly the RTGoNU. 

Excellencies, Ladies and Gentlemen,

6.  In terms of governance, some key issues stand out. As we know, the issue of the number of States and their boundaries was resolved on 15 February 2020, with a decision by H.E. President Salva Kiir, to revert the country to ten states.  This welcome compromise paved the way for the formation of the Revitalised Transitional Government of National Unity (RTGoNU) on 22 February and the establishment of the Council of Ministers on 17 March 2020. To date, nine out of the ten State governors have been appointed, but the position of the governor of the state of Upper Nile is still outstanding. There, an SPLM/A-IO nominee is to be appointed the Governor. However, their candidate was rejected by the President, and unfortunately, both sides have not changed their respective positions.

7.  More broadly, a cross-party agreement on responsibility-sharing was reached on 10 August 2020, with particular regards to the allocation of state and local governmental positions to the various Parties to the R-ARCSS. Although I understand that some progress has been made with regards to sharing positions among the Parties, generally it seems that progress in completing this has been slow, and I am keen to hear about efforts to conclude this matter this morning.

8.  Furthermore, the Transitional National Legislative Assembly (TNLA) has still not been expanded and reconstituted as perArticle 1.14.2 of the Revitalised Peace Agreement, despite an appeal by the IGAD Heads of State and Government during their 36thExtraordinary meeting held on 14 July 2020 for this to be done by 26 July 2020. The Former Detainees (FD) are the only Party to have submitted their nominees to the NCAC. In line with the IGAD Heads of State and Government appeal, I urge that the Parliament be expanded and reconstituted without any further delay, and I am keen to hear any updates on this matter.

9.  It is notable that the RTGoNU Cabinet of Ministers met on Friday 11 September for the first time since their swearing-in in March 2020 at a meeting chaired by H.E. President Salva Kiir. This is a welcome development. More and regular Cabinet meetings as part of the norms and usual practices of government will no doubt send positive signals to the people of South Sudan, and will build trust and confidence in and among the Parties to the R-ARCSS.

Excellencies, Ladies and Gentlemen,

10.       In terms of security, there are three important points I would like to make. Firstly, the unification of forces and their reorganisation into the Necessary Unified Forces (NUF) is behind schedule. As you all know, this is a Pre-Transitional task which was carried forward into the Transitional Period. Although tens of thousands of troops reported to the cantonment sites and training centres, the conditions in which they exist are austere, with numerous reports of troops leaving them in search of food. That said, I have witnessed for myself on my recent visit to a training centre that morale was commendable, and there was evidence of the spirit of unification, comradeship, a sense of esprit de corps that should be capitalised upon, and should not be left to fade.

11.       Also connected to the unification of forces are redeployment and graduation plans for the NUF, and preparations for disarmament, demobilisation and reintegration (DDR) for ex-combatants. Unfortunately, these do not seem to have advanced in recent months, despite our continued urging for progress on the matter. Also pending is the Strategic Defence and Security Review Board’s (SDSRB) White Paper on defence policy, which when complete will help the overall security architecture in South Sudan. I look forward to hearing more from the National Transitional Committee on these matters shortly, and I hope that the NTC-DDR Commission coordination meeting recently facilitated by the RJMEC Secretariat will help in this matter.

12.       The second point related to security is that community-based violence has become the main cause of insecurity in the states. In July, H.E. President Salva Kiir formed a High-Level Committee to address the issue of community-based violence in Jonglei State and Pibor Administrative Area, under the leadership of H.E. Dr James Wani Igga, Vice President of the Republic of South Sudan. This is a valuable initiative, and it is important that further grassroots dialogue initiatives be developed country-wide at the local level to help identify the drivers of community-based conflicts to inform their resolution and transformation. 

13.       The third point on security relates to the activities of non-signatories to the Agreement. Since July 2020, there has been an increase in activities of National Salvation Front (NAS) lead by General Thomas Cirillo in Central Equatoria, consisting of direct attacks on SSPDF and SPLA-IO, road ambushes targeting civilian and military vehicles, and abduction and displacement of civilians. In late August, RJMEC issued a statement reminding all the signatories to the Cessation of Hostilities Agreement of December 2017, the Rome Declaration of January 2020 and the Rome Resolution of February 2020, that these documents affirm the signatories’ commitment to pursue dialogue and the protection of civilians. We continue to push for the diplomatic path along with IGAD and the Community of Sant’Egidio.I am aware that a meeting on this matter is due to take place in early October, and I urge all participants to prepare for a constructive engagement. 

14.       Wherever such subnational conflict takes place, including in states such as Central and Western Equatoria, Jonglei, Warrap, and Lakes, humanitarian access and safety are usually impaired. According to UNOCHA, over 19,000 people have been displaced in Central Equatoria alone recently. At present, this situation is exacerbated by country-wide flooding, with at least 625,000 people affected, according to the same source. The need for civilian protection and food security in such contexts only increases. I would like to appreciate the humanitarian assistance already given by the international community, and I would also like to appeal to all concerned, primarily the Government, to enhance their efforts in instituting programmes for relief, humanitarian assistance and reconstruction in South Sudan.

15.       Recently, the SSPDF District Court Martial set up in Yei County, Central Equatoria, convicted 26 soldiers for offences against civilians and violations of the SSPDF military code of conduct. According to the CTSAMVM report of the 7 September 2020, seventeen of these were cases of rape or sexual assault. The soldiers found guilty of rape or sexual assault were sentenced to a period ranging from 6 to 14 years in prison and dismissal from the SSPDF. The action of the SSPDF District Court Martial is a commendable milestone for the fight against impunity for Sexual and Gender-Based Violence and violations of human rights, and the message it sends is positive.    

Excellencies, Ladies and Gentlemen, 

16.       Now for an update on the work of the National Constitutional Amendment Committee (NCAC). The Committee reviewed all the five security-related laws and submitted the bills to the Minister of Justice and Constitutional Affairs during the Pre-Transitional Period. In addition, the NCAC has drafted the Political Parties Bill 2020 and submitted it. Unfortunately, all these bills are still pending Cabinet endorsement and ratification by the Parliament. Similarly, the NCAC worked with the Ministry of Justice and Constitutional Affairs to rectify the alterations detected in the Constitutional Amendment Bill No. 6, 2020. In this regard, it resubmitted the revised Constitutional Amendment Bill No. 8, 2020 to the Minister of Justice and Constitutional Affairs on 10 September for the same to be presented to Parliament for ratification in due course.

17.       In terms of the economy. The overall implementation of the Resource, Economic and Financial Management provisions in Chapter 4 of the Revitalised Agreement has been slow.  I note that the Ministry of Finance has commenced work on implementing Public Financial Management reforms, and has prioritised some activities intended to ensure the accountable and transparent management of resources. Accordingly, an accountable and transparent budget is central to achieving this. In this context, although I understand some progress has been made recently, it is of concern that the budget for the present fiscal year has not yet been passed, and I would be interested to hear any updates on this matter.  

18.       The RTGoNU is also required to expedite the review and implementation of the Petroleum Act 2012 and Petroleum Revenue Management Act 2012 as per article 4.7.1 and 4.8.1.1 of the Peace Agreement. These laws mandate the closure of any petroleum revenue accounts other than those approved by the law, and the identification, checking and recording of all loans and contracts collateralised or guaranteed against oil. Furthermore, the required reforms of the oversight institutions have lagged, notably the Anti-Corruption Commission and National Audit Chamber. Also behind schedule is the establishment of the Economic and Financial Management Authority, which is a central institution to ensure the transparent and accountable management of South Sudan’s resources. I would be interested to hear of any relevant progress in these tasks I mentioned, which is due.

19.       In terms of transitional justice. There are three main mechanisms provided for by the Revitalised Peace Agreement. These are, the Commission for Truth, Reconciliation and Healing (CTRH), the Hybrid Court of South Sudan (HCSS), the Compensation and Reparation Authority (CRA). I am pleased to note that the African Union has undertaken a number of interventions that contribute to the establishment of HCSS and we expect them to engage closely and cooperate with the RTGoNU to ensure a comprehensive and multifaceted process going forward. We also expect the RTGoNU to initiate necessary legislations for stakeholder engagement and establishment of these transitional justice mechanisms.

20.       With regards to the Permanent Constitution-making process envisaged in Chapter 6 of the Agreement, the RJMEC has made significant progress in its preparation for the convening of the workshop of the Parties to agree on its modalities. This is in line Article 6.7 and 6.8 of the Agreement. The workshop which was initially scheduled for June 2020 has now been rescheduled for November 2020 due to the COVID-19 disruptions. The Max Planck Foundation has been identified to facilitate the workshop. Separately, a comparative study on post-conflict constitution-making processes was commissioned by the RJMEC Secretariat, and is now under dissemination to inform this process. I am informed that RJMEC Members have all been availed a copy of this important report and I hope that the Parties will soon embark on the crucial constitution-making process without any delay.

21.       Finally, I would like to draw your attention to the fact that RJMEC is reconstituting its thematic Working Committees with immediate effect. These Working Committees are RJMEC’s inclusive and participatory mechanism for monitoring and evaluating progress in the implementation of the Revitalised Peace Agreement as we move forward. We have received nominations for the membership and observer positions to the various Committees. The Secretariat has circulated the RJMEC Working Committees' Rules of Procedure and list of the members for you to confirm where your institutions/organisations or Parties belong. I would like to announce that the Chairperson of each Working Committee, with their agreement, is as follows:

                       i.        Governance: Academia Representative;

                     ii.        Security: South African Representative;

                   iii.        Humanitarian Affairs: Sudan Representative;

                   iv.        Economic Affairs: Troika Representative;

                     v.        Transitional Justice: African Union Representative; and

                   vi.        Constitutional Affairs: European Union Representative. 

22.       I call on the Parties the Agreement to nominate their members by 7 October, and each Working Committee should then hold its first meeting by 14 October. Should you require any clarification, kindly liaise with the RJMEC Chief of Staff before the inaugural meetings of the Working Committees. Each RJMEC thematic adviser will be in touch with you to determine the particulars of the first meeting.

Excellencies, Ladies and Gentlemen, 

23.        In view of the above, I would like to conclude with some recommendations:

a)  Urge the Parties to urgently resolve the impasse in Upper Nile state and appoint a Governor;

b)  Prevail on the Parties to immediately reconstitute the Transitional National Legislative Assembly (TNLA) and the Council of States; 

c)   Urge the RTGoNU to expedite and complete the unification of forces, produce the plans for the redeployment of the NUF, conduct comprehensive DDR, and to finalise the SDSR Board’s White Paper on defence policy; 

d)  Prevail upon the non-signatory groups to join the peace process and adhere to the terms of the Cessation of Hostilities Agreement (2017) and the Rome Declaration and Resolution (2020); 

e)  Encourage the RTGoNU and State authorities to initiate dialogue at the grassroots level across the country to better understand the drivers of community-based conflict, thereby taking steps to improve humanitarian access and civilian protection;

f)   Urge the implementation of the Resource, Economic and Financial Management provisions envisaged in Chapter 4, including the Economic and Financial Management Authority, the Anti-Corruption Commission and the National Audit Chamber;

g)  Support efforts to fast track the establishment of the Hybrid Court of South Sudanand engagement with RTGoNU on complementary transitional justice mechanisms, particularly in light of their ability to deal with human rights violations, including women’s rights violations; and

h)  Urge that the RTGoNU embark on all aspects of the crucial constitution-making process without any delay.

24.       As we move in to the third year of implementation, it is worth taking a moment to appreciate the two years since the signing of the Revitalised Peace Agreement. Though not without challenges, progress has been made. Looking forward, we see that the timeline of Transitional Period is very busy and it is clear that much remains to be done in a short time. Therefore, the challenge to the RTGoNU is to ensure full implementation of the Agreement provisions and bring South Sudan further and faster down the road to enduring and sustainable peace.